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Resolution-PC 99-20RESOLUTION NO. Pr~9-20 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 3819, AND AMENDING CERTAIN CONDITIONS OF APPROVAL OF RE30LUTION NO. PC96-19 ADOPTED THER~WITH WHEREAS, on February 5, 1996 ihe Anaheim i.ity Planning Commission adopted Resolution No. FC96-19 to approve Conditionai Use Permit No. 3819 and permit a temporary sales office for the primary purpose of selling new time share units in conjunction wiih the conversion of the adjacent Peacock Suites hotel into a vacation owneiship resort; and that said resolution includes the following condition of approval: 12. That the subject use permit shall expire three (3) years from the date uf this resolution or when all new time share units for the Peacock Suites are sold, whichever occurs first. WHEREAS, this property is developed with a 7,200 sq.ft. sales office (ten 1-story modular office units placed side by side) and a parking lot; that the property is located in the Hotel Circle Specific Plan No. 93-1); and that the property is designated for Commercial Recreation land uses by the Anaheim General Plan. WHEREAS, the petitioner has requested reinstatement of this use permit, which expired on February 5, 1999, to retain the temporary sales office associated witf; the Peacock Suites vacation ownership resort for two additional years under the authority of Code Section 18.03.093 of the Anaheim Municipal Code; and. WHEREAS, the City Planning Commission did hold a publ?r: hearing at the Civic Center in the City of Anaheim on February 1, 19g9 at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim 61unicipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed conditional use permit 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. Tnat the proposed use is properly one for which a conditional use permit is authorized by the Zoning Code. 2. That the proposal, as amended, will not adversely affect the adjoining land uses and ths growth and development of the area in which it is located. 3. That the size and shape of the site for the proposal is adequate to allow full development of the use in a ma~~ner not detrimental to the particular area nor to the peace, heaith, safety and general welfare. 4. That the traffic generated by the use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 5. That granting this reinstatement, under the conditions imposed, will not be detrimental to the peace, health, safety and general weifare of the citizens of the City of Anaheim. 6. That this use permit is being exercised substantially in the same manner and in conformance with al! conditions and stipulations originally approved by the approval body. CR3548PK.DOC -1- PC99-20 7. That this use permit is being exercised in a manner not detrimental io the particular area and surroundiny iand uses, nor to the pubiic peace, healfh, safety and general welfare. 8. 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: That the Anaheim City Planning Commission has reviewed the proposal to retain a temporary sales office associated with the Peacock Suites vacation ownership resort for two additional years on property located between Zeyn Street and Anaheim Boulevard approximateiy 580 north of the centerline of Katella Avenue (1733 South Anaheim Boulevard); and does hereby find that the Mitigated Negative Deciaration pr~viously approved in connection with Conditional Use Permit Nc,. 3819 is adequate to serve as the required environmental doaimentation in connection with this request upon finding that the declaration reflecfs the independent judgment of the lead agency and that it has considered the previously approved fVlitigated Negative Declaration togethe~ with any comments 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 lhe project wi;l have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED ihat the Anaheim City Planning Commission does hereby amend Resolution No. PCSG-19, adopted in connection with Conditional Use Permit No. 3819, to reinstate the temporary sales offca associated with the Peacock Suites vacation ownership resrr: for two (2) additional years; and AiVD BE IT FURTHER RESOLVtD that the Planning Commission does hereby amend Condition No. 12 to read: 12. That the subject use permit shall expire on Feb;•u~ry 1, 2001 or when all time share units for the Peacock Suites are sold, whichever ~ccurs tirst. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of February 1, 1999. ~ ~' ~, ~e~.-~; CHAIRPERSON, ANAHEIM CI PLANh.'.NG COM'ai~:~SION ATi'EST: .~~ . ~ C'~i I~v y'~'L{/~-f'~ SECRETARY NAH~iM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHE!M ) 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 tne Anaheim City Planning Commission held on February 1, 1599, by the following vote of the rnembers thereof: AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, ESPING, KOOS, NAPOLES, WILLIAMS NO~S: COMMlSSIONERS: NONE ABSENT: COMMISSIONERS: BRISTOL IN WITNESS WHEREOF, I have hereuniu set my hand this ~ day of ~~fzC~ti , 1999. . ~ ~'~~lL~ •~% ,~c~ SECR A{ , ANAHEIM CITY PLANNING COMMISSION '~' PC99-20