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2000-245RESOLUTION NO. 2000R-245 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING AND RESTATING THE CONDITIONS OF APPROVAL OF VARIANCE NO. 4389 AND AMENDING RESOLUTION NO. 2000R-56. WHEREAS, the City Council of the City of Anaheim heretofore adopted Resolution No. 2000R-56 approving Variance No. 4389, subject to certain conditions specified therein; and WHEREAS, the permittee has now requested an amendment to certain of said conditions of approval; and WHEREAS, the City Council held a duly noticed public hearing on November 14, 2000, at which hearing the City Council did receive and consider evidence, both oral and documentary, relating to said request; and WHEREAS, the City Council hereby finds and determines that the amendment of said conditions of approval in the manner hereinafter set forth is reasonably necessary to protect the public peace, health, safety or general welfare, or necessary to permit reasonable operation under said Variance No. 4389. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the conditions of approval heretofore imposed in Variance No. 4389 as heretofore set forth in Resolution No. 2000R-56, be, and the same are hereby, amended and restated in their entirety, to read as follows: "1. That, within a period of 90 days from the date of this resolution, trash storage areas shall be refurbished to comply with approved plans on file with the Public Works Department. 2. That, within a period of 90 days from the effective date of this resolution, a minimum of 209 on-site parking spaces shall be provided to accommodate a maximum of 120 students during each of the three class sessions (morning, mid-day, and evening). 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, Revision No. 1, and as conditioned herein. 4. That, within a period of 90 days of the date of this resolution, the vacant portion of land at the southwest corner of this property shall be hydroseeded with a mix of grass or wildflowers, to be continuously well-maintained, until such time that this portion of property is developed. 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.~ 6. That the property owner shall pay the cost of inspections/analyses conducted by a designee of the City Traffic and Transportation Manager to monitor the adequacy of parking on the subject property. The first such inspection/analysis of the parking shall be conducted between 90-120 days following the date of this resolution; the second such inspection/analysis shall be conducted six months following the date of this resolution; the third such inspection shall be conducted one year following the date of this resolution; thereafter such inspections/analyses shall be conducted on an annual basis. Nothing contained herein shall prevent the City from conducting or ordering inspections/analyses of the parking or any other issues relating to the use of the property at any other time(s) at City expense. If the City Traffic and Transportation Manager determines, based upon any such inspection/analysis, that the existing off-street parking is insufficient to adequately accommodate the existing number of students attending the private trade school, the City Traffic and Transportation Manager shall designate the number of additional off-street parking spaces necessary to accontmodate such use or the maximum number of students (below 120 students) which can reasonably be accommodated by the existing number of off-street parking spaces. Within ninety (90) days following the date of written notice from the City Traffic and Transportation Manager, the property owner shall bring such use into compliance by either providing additional off-street parking spaces, or reducing the number of students, in such number as designated by the City Traffic and Transportation Manager. Any additional parking spaces necessary to conform to this condition shall be constructed in accordance with all City standards and requirements." herein, effect. BE IT FURTHER RESOLVED that, except as expressly amended Resolution No. 2000R-56 shall remain in full force and THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 14th day of November, 2000. MAYOR OF THE CITY/%OF ANAHEIM ATTEST: CITY CL~RK OF THE CITY OF ANAHEIM 37895.1 -2- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 2000R-245 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 14th day of November, 2000, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, Daly NOES: MAYOR/COUNCIL MEMBERS: McCracken ABSENT: MAYOR/COUNCIL MEMBERS: None CITY CLERFK OF T'HE CITY OF ANAHEIM (SEAL)