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Resolution-PC 2007-36• ~ RESOLUTION NO. PC2007-36 ~ A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION OF THE CITY OF ANAMEIM . APPROVING AN AMENDMENT TO CERTAW CONDITIONS OF APPROVAL IN . VARIANCE N0, 4377 AND AMENDING RESOLUTION NO. PC99-193 (125 SOUTH FESTIVAL DRNE) WHEREAS, the Anaheim Planning Commission did receive a City-initiated petition for an amendment to Variance No. 4377 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 25 AS SHOWN DN THE MAP ATTACHED TQ LOT LINE ADJUSTMENT NO. 295 ` RECORDED MAY 11, 1993 AS INSTRUMENT NO. 93-0315924 OF OFFICAL RECORDS'OF ORANGE COUNTY, CAUFORNIA: ' WHEREAS, on November 8, 1999, the Anaheim' Planning Commission, by Resolution Na PC99- 193 approved Variance No. 4377 to construct a 4-story, 128-room hotel with waiver of minimum number of parking spaces and maximum building height; and ' WHEREAS; said Resolution No. PC99-193 includes the following condition of approvaL 24. - That guest rooms shall not be rented or let for periods of less than twenty-four (24) consecutive hours, nor more #han thirty (30) consecutive days, ezcluding'one (1) ' manager's unit. WHEREAS, this property is currently developed with a 128-room hotel, the underlying zoning is SP90-1 (The Festival Specific Plan No. 90-1) and the Anaheim General Plan designates this property for Regional 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 WHEREAS, Condition No. 24 of Resolution No. PC99-193 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 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 facts necessary to support each and every required showing for the original approval of the variance as set forth in Resolution No. PC99-193 exist. 2. That the deletion of Condition No. 24 of Resolution No. PC99-193 would reconcile an inconsistency with Council Policy Na 550. Cr\PC2007-36 -1- PC2007-36 Tracking Na VAR2007-04720 • ~ 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 ACTFINDING: 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. 4377 to deiete'a condition of approval pertaining to length of guest occupancy. BEJT FURTHER RESOLVED that the Anaheim Planning Gommission does amend Resolution No. PC99-193 adopted in connection with Variance No. 4377, to delete Condition No. 24 and except as expressly amended herein, Resolution Na PC99-193 shall remain in full force and effect. THE FOREGOING RESOLUTION was adopted af 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'theAnaheim Municipal Code pertaining to appeal procedur s an a be repl d b a City Council Resolution in the event of an appeaL CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: i~~2~1.~ti SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CAUFORNIA ) 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 / 7 T~'' day of Gt. , 2007. SENIOR SECRETARY, ANAMEIM PLANNING COMMISSION -2- PC2007-36