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Resolution-PC 2007-37. • RESOLUTION NO. PC2007-37 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION OF THE CITY OF ANAHEIM AP{'ROVING AN AMENDMENT TO CERTAIN CONDITIONS OF APPROVAL IN VARIANCE N0. 2002-04506 AND AMENDING RESOLUTION NO. PC2002-98 (1733 SOUTH ANAHEIM BOULEVARD) ' WHEREAS, the Anaheim Planning Commission did receive a City-initiated"petition to amend Variance No. 2002-04506 to delete a condition of approval pertaining to limitations on the permitted length of guest occupancies for certain property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL1`. THE NORTH 85.00 FEET OF THE EAST 240.00 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 WEST W`THE RANCHO SAN JUAN CAJON DE SANTA ANA; IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OFSAID COUNTY. PARCEL 2: ` THE SOUTH 15.00 FEET OF THE EAST 240.00 FEET OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 22. TOWNSHIP 4 SOUTH, RANGE 10 WEST. IN THE- RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, AS PER MAPRECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS, on June 17, 2002, the Anaheim Planning Commission, by Resolution No. PC2002-98 approved Variance No. 2002-04506 to construct a 150-room, six-story hotel with waiver of required improvement of setback areas, fence and wall requirements in interior lot line setback areas, minimum number of parking spaces and permitted number of wall signs; and WHEREAS, said Resolution No. PC2002-98 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 a 150-room hotel, the underlying zoning is SP93-1 (Hotel Circle Specific Plan No. 93-1) and the Anaheim General Plan designates this property for Commercial Recreation 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 mo#el 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 WHEREAS, Condition Na 8 of Resolution No. PC2002-98 is not consistent with Council Policy No. 550; 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 "Procedures' ; to hear and Cr\PC2007-37 -1- PC2007-37' Tracking Na VAR200T-04720 ' • ~ consider evidence for and against said proposed amendment and to investigate and makefindings and ' recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made 6y; ifself 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 facts necessary to support each and every required showing for the original approval of #he variance as set forth in Resolution No. PC2002-98 exist. 2. That the deletion of Condition No. 8 of Resolution No. PC2002-98 would reconcile an inconsistencywith Council Policy No.'550. 3. That no one indicated their presence at the 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 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, 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 Variance No. 2002-04506 to delete a condition of approval pertaining to length of guest occupancy. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does amend Resolution No. PC2002-98 adopted in connection with Variance No. 2002-04506; to delete Condition No. 8 and, except as . expressly amended herein, Resolution No. PC2002-98 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 18.60 "Zo ' g Provisi s- GeneraP' of the Anaheim Municipal Code pertaining to appeal procedures an e place i : Council Resolution in the event of an appeaL r HAIRMAN, A EI PLANNING COMMISSION ATTEST: %Y~~~'S~t~.c4 SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) 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 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: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: FLORES IN WITNESS WHEREOF, I have hereunto set my hand this , 1 7~ day of R. , 2007. ~~~~ ~J ~ ;~~~t.u.~-i. ~ SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION : -2- PC2007-37