2000-056RESOLUTION NO. 2000R-56
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM GRANTING
VARIANCE NO. 4389.
WHEREAS, after a request for variance to permit a private
business/trade school (Bryman College) within an existing 3-story
office building with a temporary waiver of the minimum number of
required off-street parking spaces, was received, a public hearing
before the Planning Commission of the City of Anaheim was held upon
due and proper notice, a result of which Variance No. 4389 was
denied covering the following described property:
THE EAST HALF OF THE NORTHEAST QUARTER OF THE
NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 7, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN
THE RANCHO LOS COYOTES, IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN
ON A MAP RECORDED IN BOOK 51, PAGE 10 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA; and
WHEREAS, thereafter, within the time prescribed by law,
an interested party or the City Council, on its own motion, caused
the review of said Planning Commission action at a public hearing
noticed and held as prescribed by law and, as a result thereof, the
City Council does hereby make the following findings:
(i)
That the variance, under the conditions imposed, will not
cause fewer off-street parking spaces to be provided for the
vocational school than the number of such spaces necessary
to acconLmodate all vehicles attributable to such use under
the normal and reasonably foreseeable conditions of
operation of such use.
(ii)
That the variance, under the conditions imposed, will not
increase the demand and competition for parking spaces upon
the public streets in the inlmediate vicinity of the proposed
use because no street parking is permitted adjacent to the
property on Crescent Avenue or Brookhurst Street.
(iii)
That the
increase
property
variance, under the conditions imposed, will not
the demand for parking spaces on adjacent private
in the immediate vicinity of the proposed use.
(iv)
That the
increase
areas or
variance, under the conditions imposed, will not
traffic congestion within the off-street parking
lots provided for such use.
(v)
That the variance, under the conditions imposed, will not
impede vehicular ingress to or egress from adjacent
properties upon the streets in the immediate vicinity of the
proposed use because there are no physical changes to the
ingress and egress lanes of travel being proposed as part of
this project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim that a conditional zoning variance be, and the same
hereby, granted to permit a private business/trade school on the
property hereinbefore described with a temporary waiver of the
following sections of the Anaheim Municipal Code:
Sections 18.06.050.021.0211
18.06.050.0212
18.06.050.026.0263
18.06.080
and 18.44.066.050
Minimum number of Darkin~
spaces.(265 required; 179 proposed)
That said temporary variance is granted subject to the
following conditions:
1. That trash storage areas shall be refurbished to comply
with approved plans on file with the Public Works Department.
2. That based on the availability of 179 on-site parking
spaces a maximum of 100 students shall be permitted during each
the three class sessions (morning, mid-day, and evening) unless
and until such time that additional parking can be provided
through the addition of parking spaces on the adjacent property.
If additional parking becomes available, the maximum number of
students on-site at any time shall be established by the City
Traffic and Transportation Manager.
of
3. That subject property shall be developed substantially
in accordance with plans and specifications submitted to the City
of Anaheim by the petitioner and which plans are on file with the
Planning Department marked Exhibit No. 1, and as conditioned.
4. That prior to the commencement of the activity
authorized by this resolution, Conditions Nos. 1 and 3, above-
mentioned, shall be complied with. Extensions for further time to
complete said conditions may be granted in accordance with Section
18.03.090 of the Anaheim Municipal Code.
5. That approval of this application constitutes approval
of the proposed request only to the extent that it complies with
the Anaheim Municipal Zoning Code and any other applicable City,
State and Federal regulations. Approval does not include any
action or findings as to compliance or approval of the request
regarding any other applicable ordinance, regulation or
requirement.
- 2 -
6. That this variance shall expire on July 21, 2000, at
which time any use of the premises shall be in accordance with all
applicable requirements of the Anaheim Municipal Code including,
without limitation, the minimum required number of off-street
parking spaces for such use.
BE IT FURTHER RESOLVED that the City Council of the City
of Anaheim does hereby find and determine that adoption of this
Resolution is expressly predicated upon applicant's compliance
with each and all of the conditions hereinabove set forth. Should
any such condition, or any part thereof, be declared invalid or
unenforceable by the final judgment of any court of competent
jurisdiction, then this Resolution, and any approvals herein
contained, shall be deemed null and void.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 21st day of March, 2000.
MAYOR T T
ATTEST:
~OF THE CITY OF ANAHEIM
35126.1