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Resolution-PC 97-109~' ~~ RESOLUTION NO. PC97-109 A RESOLUTION OF THE CITY OF ANAHEIM PLANNING GOMMISSION RECOMMENDING TO THE CITY COUNCIL DENIAL OF MODIFICATION TO CONDI710N NO. 7 OF ORDINANCE NO. 5443. WHEREAS, on August 9, 1994, pursuant to the procedurES set forth in Chapter 18.93 of the Anaheim Municipal Code, the City Council of the City of Anaheim adopted Ordinance Nos. 5443 and 5444 approving the Hotei Circie Specific Plan No. 93-1 (Chapter 18.79 of the Anatieirn Municipai Code) (inciuding "Zoning and Development Standards", a Design Plan and a Public Facilities Plan) and associated conditior.s of approval to provide for the development of three new hotels (790 rooms) and a 15,000 sq. ft. theme restaurant on a 6.8-acre area located north of Katella Avenue between Clementine Street and Anaheim Boulevard; and that the Specific Plan also encompasses two existing hoteis (one with 130 rooms and on~ which has been converted to a 139-room vacation ownership facility); WHEREAS, pursuant to the procedures set forth in Chapter 18.93 of the Anaheim Municipal Code, Frank E~fend, authorized agent for B.U. Patel, Tushar Patel, Mayur f3. Patei, Kash Partnership and TSB Crystal Partnership (property owners), si!bmitted a reques! to modify Condition of Approval No. 7 of Ordinance No. 5443 to delete the requirement for a sidewalk on both sides of Hotel Circle Drive and that said request is further described in the Staff Report to the Planning Commission dated August 4, 1997; and WHEREAS, the Anaheim City Planning Commission did hold a public hearing at the Anaheim Civic C=nter, Council Chamber, 200 South Anaheim Boulevard, in the City of Anaheim, on August 4, 1997, at 1:30 p.m., notice of said pubiic hearing having been duly given as requirsd by law and in accordance with the provisions of the Anaheim Municipsl Code, Chapter 18.03, to hear and consider evidence for and against said proposal to modify Condition No. 7 of Ordinance No. 5443 of The Hotel Circle Specific Plan and to investigate, make findings and recommendation in connection therewith; and WHEREAS, after due consideration, inspection, investigation and study made by itself, and after due consideration of information provided by the staff report, evidence and Project refineme~ts received during the public hearing process, the Planning Commission DOES HEREBY FIND that denial of the proposed modification is appropriate because the provisions of sidewalks on both sides of Hotel Circle Drive is a safety issue. WHEREAS, the Planning Commission does hereby find that the previously-approved Mitigated Negative Declaration in connection with the Hotel Circle Specific Plan No. 93-1 and Mitigation Moniloring Program No. 0079, as recommended to be modified in connection with Resolution N0. PC97- 109, serve as the required environmental documentation for subject request upon a finding by the Planning Commission that the declaration reflects the independent judgment of the lead agency and that is has considered the Mitigated negative Declaration together with any comment~ received during the public review process and further finding on the basis of the Initial Study and any comments received that there is no substantial evidence that the projeci will have a significant effect on the environment; and BE IT FURTHER RESOLVED, that pursuant to the above finding, the Planning Commission of the City of Anaheim does hereby recommend that the City Council, by motion, deny the proposed modification to Condi:ion No. 7 of Ordinance No. 5443, and that denial of said proposal is hereby found to be necessary in order to preserve the safery and general welfare of the Citizens of the City of Anaheim. CR3013DH.DOC -1- PC97-109 ~ ~ THE FOREGl~ING RESOLUTION way adopted at the i'lanning CommEssion meeting of August 4, 'i997. _ ~ /' ~ ~ - C IRMAN, ANAFlEIM CiTY PLANNING COMMISSION ATfEST: ~~ ~~ l~Qt~W SECRETARY, AHEiM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF O~ANGE ) ss: CITY OF ANAHEIM ) i, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on August 4, 1997, by the following vote of tha members thereof: AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, HENNINGER, MAYER, NAPOLES, PERAZA NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of ~~~~~ 1997. ~~~fU-0 SECRETARY, A iAHEIM CITY PLANNlNG COMMISSION CR3013DH.DOC -2- PC97-S 09