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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