Resolution-PC 2000-109•
RESO'LUTION NO. PC2000-109
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DENYING
A REQUEST TO AMEND CERTAIN CONDITIONS OF APPROVAL ADOPTED IN CONNECTION
WIT~i VARIANCE NO. 4389
WHEREAS, on March 21, 2000, the City Council adopted Resolution No. 2000R-56 to
approve Variance No. 43~9 for waiver of minimum number of parking spaces (265 spaces required, 179
spaces permitted) to permit a private business/trade school in an existing 3-story office building at 511
North Brookhurst Street; and
WHEREAS, Condition Nos, 2 and 6 of said resolution specify the following:
2. That based on the availability of 179 on-site parking spaces a maximum of 100
students shall be permitted during each of 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 Transportat'ion Manager.
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.
WHEREAS, the property is developed with a 3-story office building in the CL(BBC)
"Commercial, Limited - Brookhurst Commercial Corridor Overlay" zone; that the property is located in the
Brookhurst Commercial Corridor Redevelopment Project Area; and that the property is designated for
Golf Course and General Open Space land uses by the Anaheim General Plan.
WHEREAS, the petitioner requests amendment or deletion of certain conditions of
approval pertaining to the maximum numbe.r of students (100 during each session) and the time limitation
(this variance expired on .Puly 21, 2000, at which time the number of parking spaces required by Code
were to be provided) in order to reinstate this variance.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on September 11, 2000, at 1:30 p.m., notice of said public hearing having been
duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code,
Chapter 18.03, to hear and consider evidence for and against said proposed variance and to investigate
and make findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made by
itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing,
does find and determine the following facts: ~
1. That this request to amend or delete certain conditions of approval, including reinstating a
variance which has expired, is authorized under Sections 18.03.091 and 18.03.093 of the Anaheim
Municipal Code.
2. That the petitioner submitted a revised parking study dated July 21, 2000 based on the
actual operating vocational school (Bryman College), including an updated analysis of the parking
demands at this property, in support of the parking waiver; and that the study indicates the current
CR4045PK.doc -1- PC2000-109
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student enrollment is 120 students during the morning session, 53 students during the midday session,
and 112 students during the evening session.
3. That the request to reinstate Variance No. 4389 is hereby denied on the basis that the
petitioner violated the resolution approving the parking waiver by exceeding the maximum number of
students at each session (100 permitted, up to 120 existing) and by not providing the additional required
paved parking; that approving this request may create an incentive for petitioners to ignore certain
conditions that have been imposed; and that an illegal action was created by the petitioner's violating the
conditions of this variance. .
4. That this variance has not been exercised in substantially the same manner and in
conformance with all conditions and stipulations originally approved by the City Council.
5. That this variance is being exercised in a manner detrimental to the particular area and
surrounding land uses, and to the public peace, health, safety and general welfare.
6. That one person indicated her presence at the public hearing in opposition to the request;
and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to amend or delete certain conditions of approval
pertaining to the maximum number of students enrolled in each class session and to a time limitation
which expired on July 21, 2000, in order to reinstate a waiver of minimum number of parking spaces to
permit a private business/trade school (Bryman College) in an existing 3-story office building at 511 North
Brookhurst Street on a 1.9-acre property located at the southwest corner of Crescent Avenue and
Brookhurst Street, having frontages of 251 feet on the south side of Crescent Avenue and 299 feet on the
west side of Brookhurst Street; and does hereby approve the Negative Declaration upon finding that the
declaration reflects the independent judgment of the lead agency and that it has considered the Negative
Declaration together with any comments received during the public review process and further finding on
the basis of the initial study and any comments received that there is no substantial evidence that the
project will have a significant effect on the environment
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby deny the request to amend certain conditions of approval contained in Resolution No.
2000R-56, adopted in connection with Variance No. 4389, and thereby also denying the requested
reinstatement of said Variance, on the basis of the aforementioned findings.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
September 11, 2000.
ERSON, ANAj~IIGI CITY PLANNING COMMISSION
ATTEST:
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SECR TARY, NAHEIM CITY PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on September 11, 2000, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSION~RS: BOSTWICK
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
• , 2000.
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SEC ETARY ANAHEIM CITY PLANNING COMMISSION
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