Resolution-PC 2000-49.
RESOLUTION NO. PC2000-49
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 2000-04193
FOR ONE (1) YEAR TO EXPIRE APRIL 24, 2001,
AND AMENDING CERTAIN CONDII~`IONS OF APPROVAL OF RESOLUTION NO. PC97-56
ADOPTED IN CONNECTION WIT'H MASTER CONDITIONAL USE PERMIT N0. 3928
WHERAS, in 1957 the Planning Commission approved Variance No. 761 to permit
construction of an 18-unit motel at 420 South Beach Boulevard; and that in 1979 the Commission
granted Conditional Use Permit No. 1936 to expand the existing motel with waiver of maximum structural
height; and that in 1986 the Commission granted Conditional Use Permit No. 2751 to construct an 18-
unit addition to the existing 27-unit motel; and
WHEREAS, On February 22, 1995, the Commission modified the above entitlements by
adding conditions of approval designed to reduce the excessive number of calls for police service at this
motel and to abate Code violations which had resulted in the determination that this property constituted a
public nuisance as defined in Section 6.44.010 (Nuisances) of the Anaheim Municipal Code; and that the
conditions of approval were amended to add a time limitation for this motel, to expire on November 12,
1999; and
WHEREAS, on May 12, 1997, Resolution No. PC97-56 was adopted by the Anaheim City
Planning Commission to grant Conditional Use Permit No. 3928 to retain the existing 45-unit motel at 420
South Beach Boulevard; and that said resolution included 21 conditions of approval, including Condition
No. 21 which specifies that the use is permitted for a period of 30 months and will expire on November
12, 1999; and
WHEREAS, this property is developed with a two story 45-unit motel (Best Budget Motel)
located in the CL (Commercial, Limited) Zone; that the Anaheim General Plan Land Use Element
designates the property for General Commercial land uses; and that the property is also located within
the West Anaheim Commercial Corridors Redevelopment Area and the West Anaheim Community
Planning Area; and
WHEREAS, the petitioner has requested reinstatement of Conditional Use Permit No. 3928
(which expired on November 12, 1999) under authority of Code Section 18.03.093 of the Anaheim
Municipal Code in order to retain the existing 45-unit motel; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on April 24, 2000, 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 Municipal Code, Chapter 18.03,
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 proposed use is properly one for which a conditional use permit is authorized by
the Anaheim Municipal Code.
2. That reinstating this conditional use permit, as conditioned herein, to permit the use for an
additional period of time will not adversely affect the adjoining land uses and the growth and development
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of the area in which it is located because no changes have occurred to the approved use which contradict
the original findings for approval.
3. That the size and shape of the site for the proposed use is adequate to allow full
development of the proposal in a manner not detrimental to the particular area nor to the peace, health,
safety and general welfare.
4. That 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.
5. That reinstating this conditional use permit, as conditioned herein, will not be detrimental to
the particular area and surrounding land uses, nor to the public peace, health and safety and general
welfare of the citizens of the City of Anaheim.
6. That this conditional use permit is being exercised in substantially the same manner and in
conformance with all conditions and stipulations originally approved by the Planning Commission.
7. That the proposed use will not adversely affect the adjoining land uses and the growth and
development of the area in which it is proposed to be located;
8. That since initial revocation proceedings in 1995, the Code Enforcement Division has
determined that substantial improvement has been made to the property.
9. That the Anaheim Police Department records indicate since 1993, there has been a
substantial reduction in police department calls for service and criminal activity on this motel property.
10. That the proposed modification, including the imposition of additional conditions, is
reasonably necessary to protect the public peace, health, safety or general welfare.
11. That one concerned person spoke at the public hearing; and that no correspondence was
received in opposition to subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director or his
authorized representative has determined that the proposed project falls within the definition of
Categorical Exemptions, Class 1, as defined in the State of California Environmental Impact Report (EIR)
Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby approve Conditional Use Permit No; 2000-04193 to reinstate Master Conditional Use Permit No.
3928 for a period of one year to expire on April 24, 2000; and
AND BE IT FURTHER RESOLVED that the Planning Commission does hereby amend
Condition Nos. 5 and 21 of Resolution No. PC97-56, as amended and as adopted in connection with
Conditional Use Permit No. 3928, to read:
5. That guest rooms shall not be rented, let, or occupied by any individual for more than thirty
(30) days within any ninety (90) day period, excluding one (1) manager's unit, subject to the
following:
(a) Existing guests who have occupied a unit on the premises for a continuous period over
thirty (30) days and are occupants on April 24, 2000 shall be permitted to remain on the
premises until and including September 1, 2000.
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(b) The owner shall provide the Code Enforcement Manager with a list, certified under
penalty of perjury, of all existing guests who satisfy the conditions of subparagraph (a)
(the "qualifying long-term guests").
(c) Following the vacating of any unit by a qualifying long-term guest, or on September 1,
2000, whichever occurs ~arlier, any occupancy of any unit shall be for a period not
more than thirty (30) days within any ninety (90) day period.
(d) The owner shall notify all guests of the occupancy limitations set forth herein within
thirty (30) days of the dat~e of this resolution, and shall continue to notify all guests of
said limitations upon occupancy.
21. That this conditional use permit shall expire one (1) year from the date of this resolution, on
April 24, 2001.
AND BE IT FURTHER RESOLVED that the Planning Commission does hereby add the
following new conditions:
22. That appliances for heating and preparing food shall not be permitted in the guest rooms.
23. That within a period of sixty (60) days from the date of this resolution, Condition No. 14,
above mentioned, shall be complied with.
24. That effective immediately, Condition No. 3, above-mentioned, shall be complied with."
25. That guests vacating the premises shall be required to remove all personal belongings from
the guest rooms.
26. That within a period of sixty (60) days from the date of this resolution, this property and these
buildings and accessory structures shall be brought into compliance with the statutes,
ordinances, laws or regulations of the State of California, as adopted by the City of Anaheim,
including the Uniform Building Code, Uniform Housing Code, Uniform Fire Code, Uniform
Plumbing Code, National Electric Code, and Uniform Mechanical Code, and permanently
maintained thereafter in compli~nce with such statutes, ordinances, laws or regulations.
27. That no guest room(s) shall be rented or let to any person unless compliance is determined
by the appropriate division or department, with statutes, ordinances, laws or regulations of
the State of California, as adopted by the City of Anaheim, including the Uniform Building
Code, Uniform Housing Code, Uniform Fire Code, Uniform Plumbing Code, National Electric
Code, and Uniform Mechanical Code.
28. That within a period of sixty (60) days from the date of this resolution, smoke alarms in the
guest rooms shall be hard-wired rather than battery operated and shall thereafter be
maintained in good working order at all times.
29. That three (3) foot high address numbers shall be displayed on the roof of the building in a
color which contrasts with the roof material. The numbers shall not be visible to the street or
adjacent properties.
30. That guest rooms shall not be rented or let for periods of less than twelve (12) consecutive
hours.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
April 24, 2000.
~%""~' ~ G~~G~
CHAIRPERSON, ANAHEIM CITY LANNING COMMISSION
ATTEST:
G!~(~CliU <(~T/w~ '
SECRETARY, NAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) 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 April 24, 2000, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBIL7
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE ~
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
, 2000.
.~'0"KJ~P.(~ .
SECRETARY, AHEIM CITY PLANNING COMMISSION
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