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.010 General. Except as otherwise expressly provided herein, variances from any of the requirements of this chapter relating to the minimum number of required parking spaces shall be processed in accordance with the procedures set forth in Chapter 18.60 (Procedures) and Chapter 18.74 (Variances). Any petition for a variance shall be accompanied by; either, a parking study prepared by an independent traffic engineer licensed by the State of California, or a parking justification letter, as determined by the Planning Services Manager and/or his or her designee. Notwithstanding the requirements of Chapter 18.74 (Variances), a variance shall be granted upon a finding by the Planning Commission or City Council that the evidence presented shows that all of the following conditions exist:
.0101 That the variance, under the conditions imposed, if any, will not cause fewer off-street parking spaces to be provided for the proposed use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use;
.0102 That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use;
.0103 That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use (which property is not expressly provided as parking for such use under an agreement in compliance with subsection .030 of Section 18.42.050 (Non-Residential Uses- Shared Parking Arrangements));
.0104 That the variance, under the conditions imposed, if any, will not increase traffic congestion within the off-street parking areas or lots provided for the proposed use; and
.0105 That the variance, under the conditions imposed, if any, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use.
.020 Compliance with parking demand study or parking justification letter. Unless conditions to the contrary are expressly imposed upon the granting of any variance pursuant to this section, the granting of the variance shall be deemed contingent upon operation of the proposed use in conformance with the assumptions relating to the operation and intensity of the use, as contained in the parking demand study/parking justification letter that formed the basis for approval of the variance. Exceeding, violating, intensifying or otherwise deviating from any of the assumptions as contained in the parking demand study/parking justification letter shall be deemed a violation of the express conditions imposed upon the variance, which shall subject the variance to revocation or modification pursuant to the provisions of Section 18.60.200 (City-Initiated Revocation or Modification of Permits).
.030 Sex-Oriented Businesses. Any application for a waiver or deviation from the provisions of this chapter relating to off-street parking requirements for any sex-oriented business, as defined in Chapter 18.54 (Sex-Oriented Businesses), shall comply with the following provisions:
.0301 The application shall be determined by the City Hearing Officer appointed pursuant to the provisions of Section 1.12.110 (Appointment of Hearing Officer) of Chapter 1.12 (Procedural), following a duly noticed public hearing thereon held in accordance with the same procedure as set forth in subsection .040 of Section 18.54.030 (Statements and Records) of this Code. Such public hearing shall, upon the request of the applicant, be combined with the public hearing required for issuance of the sex-oriented business permit, as required pursuant to said subsection .040 of Section 18.54.030.
.0302 The parking variance shall be approved by the Hearing Officer, if it meets the requirements and criteria set forth in subsection .010 above; otherwise, it shall be denied. Notice of such decision shall be provided in the same time and manner as set forth in Chapter 18.54 (Sex-Oriented Businesses) for processing the application for the sex-oriented use. Notwithstanding any other provision of the Anaheim Municipal Code to the contrary, the decision of the Hearing Officer shall be final.
.0303 The term of the parking variance shall be coterminous with the term, or any renewal term, of the sex-oriented business permit. The processing of any renewal application for a permit pursuant to Chapter 18.54 (Sex-Oriented Businesses) shall not require the processing of a new parking variance. (Ord. 5920 1 (part); June 8, 2004: Ord. 6101 § 37; April 22, 2008: Ord. 6156 § 16; September 22, 2009: Ord. 6245 § 65; June 5, 2012.)