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Resolution-PC 2007-33' . • RESOLUTION NO. PC2007-33 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO CERTAIN CONDITIONS OF APPROVAL IN CONDITIONAL USE PERMIT NO. 903 AND AMENDING RESOLUTION NO. PC95-132, (500 SOUTH BEACH BOULEVARD) : WHEREAS, the Anaheim Planning Commission did receiVe a City-initiatedpetition to amend Conditionai Use Permit No: 103 to delete a condition of approval pertaining to limitations on the permitted length of guest occupancyfor certain property situated in the City of Anaheim, County of Orange, State,of California, described as: ' ; THE NORTH 66.00 FEET OF THE SOUTH 462.00 FEET OF THE WEST 330.00 FEET OF THE SOUTHW~ST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER ` ' OF SECTION 13; TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHOLOS COYOTES, CITY OF ANEHIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER`MAP RECORDEDJN BOOK 51 PAGE 11 OF MISCELLANEOUS MAPS, JN THE OFFICE OF THE COUNTY RECORDER OF SAID' COUNTY. WHEREAS, on March 6, 1961, the Anaheim`Planning Gommission, byResolution Na 192, Series - 1960-61 approved Conditional Use Permit No.103 to permit a 18-unit motel and whereas on October 16, 1995 the Planning Commission byResolution No. PC95-132 modified the original conditions of approval;'and WHEREAS, said Resolution No. PC95-132 includes the following condition of approvaL 8. That guest rooms shall not be rented or let for periods of less than twenty-four (24) consecutive hours, nor more than thirty (30) consecutive days, excluding one (1) manager's unit. WHEREAS, this property is currently developed with an 18 unit motel, is zoned GG (General " Commercial) and, the Anaheim General Plan designates this property for General Commercial land uses; and WHEREAS, on March 25, 2003, the City Council adopted Council Policy No. 550 per Resolution No. 2003R-61 which states: "It is the policy of the City Council that no zoning entitlement for any hotel nor motel shall be approved, and no existing zoning entitlement for any hotel or motel shall be amended, in any manner which would require the owner or operator of such hotel or motel to limit the length of occupancy of any guest therein to any specific period of time; and 550; and WHEREAS, Condition No. 8 of Resolution No. PC95-132 is not consistent with Council Policy No. WHEREAS, the City initiated a request to amend Conditional Use Permit No. 103, Resolution No. PC95-132 to delete a condition of approval pursuant to Code Section 18.60 of the Anaheim Municipal Code; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 30, 2007, at 2:30 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 18.60 to hear and consider - evidence for and against said proposed amendment 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: CR\PC2007-33 -1- PC2007-33. ` Tracking No. CUP2007-05194 . ' • 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section No: 18.08.030.040.0402. " . 2. That the deletion of Condition No. 8 will not adversely affect the adjoining land uses and the growth and development'of the area in'which if is located. 3. That the deletion of Condition No. 8 will not impact the full development of the use in a manner detrimental to the particular area nor to #he peace, health, safety and general welfare. - , 4. That the deletion of Conditiorr No. 8 will not affect traffic generated by the use and will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. , 5. ' That the deletion of Condition No. 8 will not be detrimental to the health and safety of the ' citizens of the City of Anaheim. 6. That the deletion of Condition Na 8 would reconcile an inconsistency with Council Policy No. 550. _ 7. ' That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CAUFORNIA ENVIRONMENTAL QUALITY ACT FINDING: Planning staff has determined the proposed project falls within the definition of Categorical Exemptions Section 15301, Class 1(Existing Facilities), as defined in the State CEQA Guidelines and is, therefore, exemptfrom the requirement to prepare additional environmental documentation. NOW, TMEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission for the reasons hereinabove stated does hereby approve the modification to Conditional Use Permit No. 103 to delete a condition of approval pertaining to length of guest occupancy. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby amend Resolution No. PC95-132, adopted in connection with Conditional Use Permit No. 103, to delete Condition No. 8 and, except as expressly amended herein, Resolution No.PC95-132 shall remain in full force and effect. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 30, 2007. Said resolution is subject to the appeal provisions set forth in Chapter "Zoning Provisions - GeneraP' of the Anaheim Municipal Code pertaining to appeal procedu nd be ep ~ ed by a City Council Resolution in the event of an appeaL . ~ -~ CHAIRM , ANAHEIM PLANNING COMMISSION ATTEST: ~~~~ %YZZ~Ik.O SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION ~ • STATE OF CALIFORNIA ) _ COUNTY OF ORANGE ) ss: CITY OF ANAHEIM ) l, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on April 30, 2007, by the following vote of the members thereof: AYES: COMMISSIONERS: ' BUFFA, EASTMAN, FAESSEL, KARAKI, ROMERO, VELASQUEZ ' NOES: COMMISSIONERSi NONE ABSENT: COMMISSIONERS: FLORES ' IN WITNESS WHEREOF, I have hereunto set my hand this / 7~' day of , 2007. _ - ~~~~~ ' : SENIOR SECRETARY, ANAHEIMPLANNINGCOMMISSION.