Resolution-PC 2007-34• •
RESOLUTION NO. PC2007-34
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION:OF THE CITY OF ANAHEIM
APPROVING AN AMENDMENT TO CERTAIN CONDITIONS OF APPROVAL IN CONDITIONAL
USE PERMIT N0. 3957 AND AMENDING RESOLUTION NO: PC97-121,
(1730 SOUTH STATE COLLEGE BOULEVARD)
WHEREAS, the Anaheim Planning Commission did receive a City-initiated petition to amend
Conditional Use Permit No. 3957 to delete a condition'of approval pertaining to limitations on the permitted
length of guest occupancy for certain property situated in the City of Anaheim, County of Orange, State of .
California, described as
PARCEL 1:
THAT PORTION OF THE SOUTHWEST QUARTER OF'THE SbUTHWEST QUARTER
OF FRACTIONAL SECTION 24 TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE
RANCHO SAN JUAN CAJON DE SANTA ANA, CITY OFANAHEIM, COUNTY OF
° ORANGE. STATE OF'CAUFORNIA, AS SHOWN ON''A MAP RECORDED IN BOOK 51,
PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY ,
RECORDER OF SAID COUNTY,IYING SOUTHERLY OF TME SOUTHERLY LINE OF, :
TME LAND DESCRIBED IN THE DEED TO THE SANTA FE RAILROAD COMPANY
(FORMERLY TNE CALIFORNIA CENTRAL RAILWAY COMPANY) RECORDED MAY 4,
1962 IN BOOK 6098, PAGE 393 OF OFFICIAL RECORD. -
PARCEL 2:
THAT PORTION OF LOT 51N TRACT NO. 71, IN THE CITY OF ANAHEIM, COUNTY
OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 10, PAGE
22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, LYING NORTHERLY OF THE CENTERLINE OF KATELLA AVENUE,
AS DESCRIBED W THE DECREE OF CONDEMNATION. RECORDED JULY 8, 1960
IN BOOK 5321, PAGE 397 OF OFFICIAL RECORDS.
EXCEPT THAT PORTION OF SAID LAND LYING EASTERLY OF THE EAST LINE OF
THE LAND DESCRIBED IN DEED TO MAURICE E. BIVENS, ET UX., RECORDED
JUNE 17, 1927 IN BOOK 62, PAGE 45 OF OFFICIAL RECORDS.
SAID LAND IS INCLUDED WITHIN THE AREA SHOWN ON A MAP FILED IN BOOK
51, PAGE 38 OF RECORDS OF SURVEYS, IN THE OFFICE OF THE COUNTY
RECORDER.
WHEREAS, on September 3, 1997, the Anaheim Planning Commission, by Resolution Na PC97-
121 approved Conditional Use Permit No.3957 to construct an 8-lot, planned "mixed-use" commercial center,
including a 140-room Town Place Suites hotel, a drive-through fast food restaurant, up to five semi-enclosed
restaurants with sales of alcoholic beverages for on-premises consumption, retail office and bank uses, a fitness
center and up to five monument sign with waiver of minimum landscape setbacks, minimum parking lot
landscaping, maximum signage area, minimum number of parking spaces and maximum structural setbacks
adjacent to interior site boundaries at 1730 South State College; and
WHEREAS, said Resolution No. PC97-121 includes the following condition of approval:
37. 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 a mixed use commercial center, including a
140-room hotel, a drive-through' fast food restaurant, restaurants with sales of alcoholic beverages for on-
CR\PC2007=34 _~ _ PC2007-34
Tracking No. CUP2007-05194
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premises consumption; retail, office and bank uses, a fitness center is zoned O-L (Office Low) and the Anaheim
General Plan designates this property'for Mixed Use 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 policyof 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'wouldrequire the'owner or operator ofsuch hotel or motel to limit the length of occupancy of any guest
therein to any specific period of time; and
WHEREAS, Condition Na'37 of Resolution No. PC97-121 is not consistent with Council Policy '
550; and
WHEREAS, the City initiated a request to amend Conditional Use Permit No. 3957 Resolution Na
' PC97-121 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
1. That the existing 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. 37 will not adversely affect the adjoining land uses and the
growth and development of the area in which it is located.
3. That the deletion of Condition No. 37 will not impact the full development of the use in a manner
detrimental to the particular area nor to the peace, health, safety and general welfare.
4. That the deletion of Condition No. 37 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. 37 will not be detrimental to the health and safety of the
citizens of the City of Anaheim.
6. That the deletion of Condition No. 37 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.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: Planning staff has determined the
propo,sed project falls within the definition of Categorical Exemptions Section 15301, Class 1(Existing
Facilities), as defined in the State CEQA Guidelines and is, therefore, exempt from the requirement to prepare
additional environmental documentation.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission for the
reasons hereinabove stated does hereby approve the modification to Conditional Use Permit No. 3957 to delete
a condition of approval pertaining to length of guest occupancy.
BE1T FURTHER RESOLVED that the'Anaheim Planning Commission does amendResolution
< No. PC97-121, adopted in connection with Conditional UsePermit No.`3957, to delete Condition Na 37 and,
except as expressly amended herein, Resolution No.PC97-121 shall remain in full force and effect.
-2- PC2007-34
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting,of Apri130,
2007. Said resolution is subject to the appeal provisions set forth`in Chapter 60 "Zoning Provisions - :
General" of the Anaheim Municipal Code pertaining to appeal proced e ay be`repl ed by a City
Council Resolution in the event of an appeaL
CHAIRMA , ANAHEIM PLANNING COMMISSION
ATTEST:
~~~~ra- ~~~~~~
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION . '
STATE OF GALIFORNIA )
COUNTY OF ORANGE ) ss.
- CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that
the foregoing resolution was passed and adopted af 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: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: FLORES
T
IN WITNESS WHEREOF, I have hereunto set my hand this l 7-~ day of ,
200~.
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION