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Resolution-PC 2013-060RESOLUTION NO. PC2013 -060 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2231 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2013- 00055) (831 SOUTH BEACH BOULEVARD) WHEREAS, on January 29, 2001, and subject to certain conditions of approval, the Planning Commission of the City of Anaheim ( "Planning Commission "), by its Resolution No. PC2001 -15, did approve Conditional Use Permit No. 2231 to reinstate and retain a 41 -unit, 2 -story motel (herein referred to as the "Original CUP ") on that certain real property located at 831 South Beach Boulevard in the City of Anaheim, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property "); and WHEREAS, Planning Commission Resolution No. PC2001 -15 contained the following condition of approval: "1. That this Conditional Use Permit shall terminate five (5) years from the date of this resolution, on January 29, 2006." WHEREAS, the 0.66 -acre Property is developed with a 41 -unit motel that has been operating since 1981; and WHEREAS, the Property is located in the General Commercial Zone and the Anaheim General Plan designates the Property for Corridor Residential land uses; and WHEREAS, the Planning Commission did receive a verified Petition for an amendment to the Original CUP (herein referred to as "Conditional Use Permit No. 2231A ") to delete the above -noted condition of approval establishing a five -year time limit for the use (collectively referred to herein as the "proposed project "); and WHEREAS, the conditions of approval which were the subject of the Original CUP shall be referred to herein collectively as the "Previous Conditions of Approval "; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 12, 2013, notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 of the Code, to hear and consider evidence for and against said proposed conditional use permit to investigate and make findings and recommendations in connection therewith. The Planning Commission continued this matter to its regular meeting of September 9, 2013, at which meeting the matter was again heard and considered; and WHEREAS, as the lead agency under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA "), the Planning Commission finds and determines that the proposed project is within that class of projects which consists of the repair, maintenance, and /or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of use beyond that existing at the time of this determination, and that, therefore, pursuant to Section 15301 of Title 14 of the - 1 - PC2013 -060 California Code of Regulations, the proposed project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, the Planning 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 hearings pertaining to the request for an amendment to the Original CUP to delete a condition, does find and determine the following facts: 1. The proposed amendment to the Original CUP to delete a five -year time limit for a 41 -unit motel is properly one for which a conditional use permit is authorized by Section 18.08.030 (Uses) of the Zoning Code. 2. The proposed amendment to the Original CUP would not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located. The motel has operated at this location for over 20 years and this approval includes additional conditions of approval that will serve to reduce criminal activity on the Property. 3. The size and shape of the site is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety because the site can accommodate the parking, traffic flows, and circulation without creating detrimental effects on adjacent properties. 4. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the vehicular circulation is designed to minimize impacts on the surrounding businesses and because the intensity of the use and number of vehicles entering and exiting the Property will not increase as a result of this proposal. 5. The granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim because the project has been designed to minimize impacts on the surrounding businesses. NOW, THEREFORE, BE IT RESOLVED that this Planning Commission does hereby approve Conditional Use Permit No. 2231 A, thereby amending the Original CUP. BE IT FURTHER RESOLVED that the conditions of approval attached to this Resolution as Exhibit B amend the Previous Conditions of Approval and hereby replace the Previous Conditions of Approval in their entirety and, therefore, reflect the amendment and restatement of the Prior Conditions of Approval. The conditions of approval attached to this Resolution as Exhibit B shall control and govern the Property. BE IT FURTHER RESOLVED that this permit is approved without limitations on the duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City- Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. -2- PC2013 -060 BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice. Failure to pay all charges shall result in the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of September 9, 2013. Said Resolution is subject to the appeal provisions set forth in Chapter 18.60 ( "Zoning Provisions - General ") of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIR, ANAHEIM CITY P ANNING COMMISSION ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, 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 September 9, 2013, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BOSTWICK, LIEBERMAN, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: CALDWELL ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 9 th day of September, 2013. SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3 - PC2013 -060 EXHIBIT "A" DEV NO. 2013 -00055 APN: 079 - 164 -13 W HAYWARD Si W STONYBROOK DR W ROME AVE Ej � W ROME AVE W TERANIMAR DR 298' c Ln 298' ¢ � w ¢ 619 cn W LYNROSE DR n J m x V W GLEN HOLLY DR w m a. vs Ln vt v O r, sc on Source: Recorded Tract Maps and /or City GIS. v Please note the accuracy is +/- two to five feet. - 4 - PC2013 -060 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2231B (DEV2013- 00055) NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY TO BE COMPLETEED WITHIN 60 DAYS OFAPPROVAL 1 Complete a Burglary /Robbery Alarm Permit application, Form APD 516, Police and return it to the Police Department prior to initial alarm activation. This Department form is available at the Police Department front counter, or it can be downloaded from the following web site: http://www.anaheim.net/article.asp?id=678 2 Building shall be equipped with a comprehensive security alarm system (silent or audible) for the following coverage areas: • Perimeter building and access route protection. • High valued storage areas. Police Department • Perimeter fence and security gating. The applicant shall be responsible for arranging an inspection and approval for this system within 60 days of approval. 3 Closed circuit television (CCTV) security camera are required, with the following coverage areas: • Lobby Entrances • Building perimeter • Parking lot Police Security recordings shall be maintained in 24 hour segments and shall be Department available to the Police Department or other law enforcement upon request. An employee trained in the use and operation of the cameras and recording equipment shall be onsite at all times to make available the recordings to the Police Department or other law enforcement. To be inspected and approved by the Police Department within 60 days of project approval. 4 Adequate lighting of parking lots, passageways, recesses, and grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all person, property, Police and vehicles on -site. Department a. Security lighting within the parking area shall be installed /repaired /directed to provide sufficient lighting of all areas with the grounds of the motel. -5 - PC2013 -060 5 Address numbers shall be positioned so as to be readily readable from the street. Number should be illuminated during hours of darkness. All entrance doors shall be numbered with the hotel room number and shall be Police completed within 60 days of approval of this permit. Minimum height of Department 4" recommended. To be inspected and approved by the Police Department within 60 days of project approval. 6 Rooftop address numbers for the police helicopter. Minimum size 4' in height and 2' in width. The lines of the numbers are to be a minimum of 6" thick. Numbers should be spaced 12" to 18" apart. Numbers should be Police painted or constructed in a contrasting color to the roofing material. Department Numbers should face the street to which the structure is addressed. Numbers are not to be visible from ground level. 7 Signs containing the words "No Trespassing 602(k) P.C." shall be posted at the entrances of parking lots /structures and located in other appropriate Police places. Signs must be at least 2' x 1' in overall size, with white Department background and black 2" lettering. To be inspected and approved by the Police Department within 60 days of project approval. 8 All entrances to parking areas shall be posted with appropriate signs per 22658(a) C.V.C., to assist in removal of vehicles at the property Police owners /managers request. To be inspected and approved by the Police Department Department within 60 days of project approval. 9 A licensed security patrol service, approved by the Anaheim Police Department shall be provided upon the premises specifically to provide security and to discourage vandalism, trespassing and /or loitering upon or police adjacent to the property. This security service shall visit and patrol the site Department regularly as determined adequate by the Anaheim Police Department. An executed contract with a security company must be presented to the Police Department within 60 days of project approval. 10 An eight foot tall masonry wall as measured from the grade on the Planning applicant's property shall be constructed along the western property line Department separating the motel property from the residences. GENERAL 11 Louvered windows shall not be used. Police Department -6- PC2013 -060 12 All guests and their visitors must register at the office before entering the premises. Unregistered visitors are subject to prosecution for trespassing. At registration, each guest is required to show two pieces of I.D., one of which must be a driver's license or other type of government issued photo identification. The following information shall be included in the completed registration: • full name • home address • home telephone number • date of birth Police • government ID number and ID type Department • state and country of ID issuance • time of arrival • number of assigned or visited room. • length of stay • room rates A copy of each form of identification shall be kept with the registration information and both shall be available for review by law enforcement at any time. 13 Only vehicles that have been registered may be parked in the lot. A parking permit will be issued and must be displayed on the dashboard. Vehicles Police without permits may be towed at the owner's expense. All vehicles must Department be parked front -first into the parking spaces. No "back -in" parking is allowed. 14 No one under the age of 21 shall be permitted to rent or visit a room unless Police accompanied by a parent or legal guardian. Department 15 A manager must be on the property at all times. Police Department 16 Every occupied room shall have daily cleaning service. Each room shall Police be posted with a notice that daily room cleaning service is required without the option to decline the service. Department 17 Rooms shall not be rented, let, or occupied by any individual for periods of less than twelve (12) consecutive hours. Rooms shall not be discounted for Police the rental of rooms for less than a 24 hour period. All daily room rates Department shall apply. 18 Any graffiti painted or marked upon the premises or on any adjacent area Code under the control of the property owner shall be removed or painted over Enforcement within 24 hours of being applied. 19 The property shall be permanently maintained in an orderly fashion Code through the provision of regular landscaping maintenance, removal of trash Enforcement or debris. -7- PC2013 -060 20 No required parking area shall be fenced or otherwise enclosed for outdoor storage. Code Enforcement 21 The Applicant shall defend, indemnify, and hold harmless the City and its Planning officials, officers, employees and agents (collectively referred to individually and collectively as "Indemnitees ") from any and all claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant's indemnification is intended to include, but not be limited to, damages, fees and /or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys' fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. 22 The property shall be developed substantially in accordance with plans and Planning specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department and as conditioned herein. - 8 - PC2013 -060