Resolution-PC 2007-35. ' , •
RESOLUTION NO. PC2007-35
A RESOLUTION OF THE ANAHEIM PLANNING.COMMISSION OF THE CITY OF ANAHEIM
APPROVING AN AMENDMENT TO CERTAIN CONDITIONS OFAPPROVAL IN `
CONDITIONAL USE PERMIT NO.'4153 AND AMENDING RESOLUTION NO. PC99-226,
(1855 AND 1915 SOUTH MANCHESTERAVENUE)
WHEREAS, the Anaheim Planning Commission did receive a City-initiated petition #o amend
Conditional Use Permit No. 4153 to delete 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 A:
THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER '
OF SECTION 26, TOWNSHIP 4 SOUTH1 RANGE 10 WEST1'IN THE RANCHO SAN .
JUAN CAJON DE'SANTA AN, IN THE CITY-0F ANAHEIM,'COUNTY-0F ORANGE,
STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CAUFORNIA,
TOGETHER WITH:
PARCELl IN THE CITY OF ANAHEIM, COUNTY OF-0RANGE, STATE OF
CALIFORNIA; AS SHOWN MISCELLANEOUS MAPS, RECORDS OF ORANGE
COUNTY, CALIFORNIA, TOGETHER WITH ON A MAPRECORDED IN BOOK 56,
PAGE 11 OF PARCEL MAPS, IN THE OFFICE OF THE COUN.TY RECORDER OF
SAID COUNTY, DESCRIBED AS FOLLOWS:
PARCEL 1 AS SHOWN AND DESCRIBED BY LOT LINE ADJUSTMENT PLAT NO. 261,
RECORDED OCTOBER11, 1991 ASJNSTRUMENT N0. 91-556204 OF OFFICIAL RECORDS.
EXCEPTING THEREFROM THAT PORTION DESCRIBED IN THE DEED TO THE '
STATE OF CALIFORNIA RECORDED FEBRUARY 9, 1998 AS INSTRUMENT NO.
19980071396 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY.
PARCEL B: _
PARCELS 2 AND 3 IN THE CITY OF ANAHEIM, COUNTY OF ORANGE. STATE OF
CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 56, PAGE 11 OF
PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL C:
THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER
OF SECTION 26, IN TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN
JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10,
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE SOUTHWESTERL~' LINE OF THE LAND CONVEYEDTO
THE STATE OF CALIFORNIA, BY INSTRUMENT NO. 25258, FILED APRIL 9, 1952 IN THE
OFFICE OF THE REGISTRAR OF TITLES OF SAID ORANGE COUNTY, DISTANT THEREON
NORTH 40° 09' 15" WESTALONG SAID SOUTHWESTERLYLINE, 120.00 FEET; THENCE
SOUTH 49° 09' 45" WEST 457.95 FEET TO THE SOUTHERLY LINE OF THE NORTHEAST
QUARTER OF SAID NORTHWEST QUARTER; THENCE NORTH 89° 51' 25" EAST ALONG
SAID SOUTHERLY LINE, 184.04 FEET TO A POINT IN A LINE WHICH BEARS SOUTH 49°
09' 45" WEST FROM THE POINT OF BEGINNING; THENCE NORTH 49° 09' 45" EAST 31829
FEET TO THE POINT OF BEGINNING.
CR\PC2007-35 -1- PC2007-35
Tracking Na'CUP200T-05194
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WHEREAS, on December 20, 1999, the'Anaheim Planning Commission, by Resolution No.
PC99-226 approved Conditional Use Permit No.'4153 to permit a 264-room full-service hotel and 143-room '
extended stay hotel with waiver of minimum structural setback, minimum interior structural setback and
minimum number of parking spaces at 1855 and 1915 South ManchesterAvenue; and
WHEREAS, said Resolution No. PC99-226 includes the following conditions of approval:
8. That guesfi 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.
16. That on-going during operation of the hotels; the hotel shall operate in conformance
with the Letters of Operation dated December 13, 1999 and'July 31, 1999, submitted by
the petitioner, which letters are provided as Atfachment A to the December 20, 1999
staff report to the Planning Commission and are incorporated herein by reference as if
_ set fort in their entirety. Violation or operation contrary to, said letters of operation shall
subjecf this Conditional Use Permit to termination or modification pursuant to the
provisions of Sections 98.03.091 and 18.03.092 of the Anaheim Municipal Code. , '
WHEREAS, Condition Na 16 of Resolution No. PC99-226 references a`Letter of Operation which
letter states tFiat guests will be required to check out of the hotel upon 30 days of their stay; and
' WHEREAS, this property is currently developed with two hotels, is'zoned SP92-2 (Anaheim
Resort Specific Plan No. 92-2) 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. 55p 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
WHEREAS, Condition Nos. 8 and 16 of Resolution No. PC99-226 are not consistent with Council
Policy No. 550; and
WHEREAS, the City initiated a request to amend Conditional Use Permit No. 4153 Resolution Na
PC99-226 to delete condition limitations on permitted length of guest occupancy pursuant to 18.60 of the
Anaheim Municipal Code; and
WHEREAS, the City-initiated request would delete Condition No. 8 and modify Condition No. 16
to clarify that the hotel time limitation requirements has been deleted as follows:
16. That on-going during operation of the hotels, the hotel shall operate in conformance
with the Letters of Operation dated December 13, 1999 and July 31, 1999 submitted by
the petitioner with the exception that guests at the hotels shall not be required to check
out of the hotels upon 30 days of their stay, which letters were provided as Attachment
A to the December 20, 1999 Staff report to the Planning Commission and are
incorporated herein by reference as if set fort in their entirety. Violation or operation `
contrary to said letters of operation shall subject this Conditional use Permit to
termination or modification pursuant to the provisions of Sections 18.03.091 and
18.03.092 of the Anaheim Municipal Code
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 '
' -2- PC2007-35
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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.18.116.070.050.0514. '
2. Thaf the deletion of Condition No. 8 and modification of Condition No. 16 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. 8 and modificafion of Condition No. 16 will not impact the full
development of fhe use in a manner defrimental to the particufar area nor to'the peace, health, safety and
general welfare.
4. _ That the deletion of Condition No. 8 and modification of Condition Na 16 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 and modification of Condition No." 16 will not be detrimental
to the health and safety`of the citizens of the City of Anaheim.
6. That the deletion of Condition No. 8 and modification of Condition No. 16 would reconcile an
inconsistency with Council Policy No. 550.
7. 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 Conditional Use Permit No. 4153 to delete
a condition of approval and modify another condition of approval pertaining to length of guest occupancy.
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does amend Resolution
No. PC99-226 adopted in connection with Conditional Use Permit No. 4153, to delete Condition No. 8 and
modify Condition No. 16, and, except as expressly amended herein, Resolution No. PC99-226 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 "Zoning Provisions -
GeneraP' of the Anaheim Municipal Code pertaining to appeal procedures a may b place
Council Resolution in the event of an appeaL
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H MAN, EIM PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss. :
CITY OF ANAHEIM )
1, 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
Apri130, 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 /~%~' day of ,
2007:
i~2zd~a '
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION