Resolution-PC 2000-58~
RESQLUTION NO. PC2000-58
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A RESOLUTION OF TH~ ANAHEIM CITY PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 1043
FOR ONE (1) YEAR TO EXPIRE JANUARY 15, 2001,
AND AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. 68R-540,
AS AMENDED, ADOPTED THEREWITH
WHEREAS, on September 3, 1968, the City Council adopted Resolution No. 68R-540 to
grant Conditional Use Permit No. 1043 to establish a 129-unit, three-story motel at 2748 West Lincoln
Avenue with waiver of the maximum building height limitation within 150 feet of a single-family residential
zone boundary; and
WHEREAS, on November 22, 1999, the Planning Commission considered revocation or
modification of this conditional use permit at the request of the Code Enforcement Division and the Police
Department; that the Commission adopted Resolution No. PC99-203 to add certain conditions of
approval including a length of stay limitation and a time limit permitting the use for another six months to
expire on May 22, 2000; that the petitioner appealed Commission's decision to the City Council
pertaining to the length of stay limitation; and that on January 25, 2000, the Council adopted Resolution
No. 2000R-15 to amend the conditions of approval, including Condition No. 21 which was amended to
read:
21. That this conditional use permit shall expire six (6) months from the date of this
resolution, on May 22, 2000.
WHEREAS, this property is developed with a 129-unit, three-story motel (Lincoln Inn) in the
CL (Commercial, Limited) Zone; that the Anaheim General Plan designates this property for General
Commercial land uses; and that this prop~rty is located within the West Anaheim Commercial Corridors
Redevelopment Area and in the West Anaheim Community Planning Area; and
WHEREAS, this is a city-initiated public hearing under the authority of Code Section
18.03.093 of the Anaheim Municipal Code to determine compliance with the conditions of approval and to
consider modification to certain conditions including the length of stay limitation and expiration date in
order to reinstate this conditional use permit (which expired on May 22, 2000); and
WHEREAS, the City Plannin~ Commission did hold a public hearing at the Civic Center in
the City of Anaheim on May 22, 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 conditional use permit and to investigate
and make findings and recommendations in connection therewith; and that the public hearing was
continued from the meeting of April 10, 2000; 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 Zoning 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 of the area in which it is located because no changes have occurred to the approved use
which contradict the original findings for approval.
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3. That the size and shape of the site for the proposal, as conditioned herein, is adequate to
allow full development of the use 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 use, as conditioned herein, 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 for a period of one year until January 15,
2001, as conditioned herein, will not be detrimental to the particular area and surrounding land uses, nor
to the public peace, health, 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 previously approved by the Planning Commission and
City Council.
7. That the proposed modification, including the imposition of additional conditions, is
reasonably necessary to protect the public peace, health, safety and general welfare.
8. That seven people spoke in opposition to the proposal at the public hearing; and that
correspondence was received in favor of the proposal.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's
authorized representative has determined that the proposed project falls within the definition of
Categorical Exemptions, Class 21, 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 amend Resolution No. 68R-540, as amended, to reinstate and approve Conditional Use Permit
No. 1043 to permit a 129-unit, three-story motel at 2748 West Lincoln Avenue with waiver of the
maximum building height limitation within 150 feet of a single-family residential zone boundary (22-foot
building height permitted when located 44 feet from RS-A-43,000 (Residential/Agricultural) zoning to the
west, 25-foot height existing); and
BE IT FURTHER RESOLVED that the Planning Commission does hereby adopt the
following conditions which are hereby fournd to be a necessary prerequisite to the proposed use of the
subject property in order to preserve the safety and general welfare of the citizens of the City of Anaheim:
1. That this Conditional Use Permit shall terminate on January 15, 2001.
2. That the property owner shall pay the ~ost of random Code Enforcement Division inspections
totaling six (6) during this one (1) year reinstatement period and as often as necessary thereafter
until the subject property is brought into compliance, or as deemed necessary by the City's Code
Enforcement Division to gain and/or maintain compliance, with State and local statutes, ordinances,
laws or regulations.
3. That appliances for the heating and pr.eparation of food shall not be permitted in guest rooms.
4. That smoke alarms in the guest rooms shall be hard-wired (rather than battery operated), and shall
thereafter be operable and maintained in good working order at all times.
5. That the trash storage areas shall be refurbished to comply with approved plans on file with the
Maintenance Department, Streets and Sanitation Division.
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6. That licensed uniformed security guards in such number (not to exceed two (2)), as required and
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 adjacent to the
subject property.
7. That the owner/manager shall maintain a complete guest registry or guest card system which
includes the full name, address, verified driver's license or legal identification and vehicle registration
number of all registered guests, date of registration, length of stay and room rates; and that said
registry or guest card system shall be rnade available upon demand by any police officer, code
enforcement officer or license inspector of the City of Anaheim during reasonable business hours.
8. That every occupied guest room shall Ibe provided with daily maid service.
9. That the owner and/or management shall not knowingly rent or let any guest room to a known
prostitute for the purpose of pandering, soliciting or engaging in the act of prostitution; or to any
person for the purpose of selling, buying or otherwise dealing, manufacturing or ingesting an illegal
drug or controlled substance; or to any person for the purpose of committing a criminal or immoral
act.
10. That no guest room shall be rented or let to any person under eighteen (18) years of age, as verified
by a valid driver's license or other legal identification.
11. That all available room rates shall be prominently displayed in a conspicuous place within the office
area, and that the property owner and/or motel management shall comply with the provisions of
Section 4.09.010 of the Anaheim Municipal Code pertaining to the posting of room rates.
12. That the property owner and/or motel management shall comply with the provisions of Section
2.12.020 of the Anaheim Municipal Code pertaining to the operator's duty to collect transient
occupancy taxes.
13. That this property and these buildings and accessory structures shall be maintained in 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 compliance with such statutes, ordinances, laws or regulations.
14. That the on-site landscaping shall be refurbished as necessary and permanently irrigated and
maintained, including the regular removal of trash or debris, and removal of graffiti within twenty four
(24) hours from time of occurrence.
15. That a statement shall be printed on tMe face of the guest registration card to be completed by each
guest when registering, advising that the register is open to inspection by the Anaheim Police
Department or other City of Anaheim personnel for law enforcement purposes.
16. That no guest room(s) shall be rented'or let to any person unless compliance is determined by the
appropriate City 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.
17. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed,
damaged, diseased and/or dead.
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18. That guest rooms shall not be rented, let, or occupied by any individual for more than thirty (30) days
within a 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 May 22, 2000 shall be permitted to remain on the premises
until and including January 15, 2001.
(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) above (the
"qualifying long-term guests").
(c) Following vacating of any unit by a qualifying long-term guest, any occupancy of said unit shall
be for a period of not more than thirty (30) days within any ninety (90) day period.
(d) Within a period of thirty (30) days from the date of this resolution, the owner shall notify all
guests of the occupancy limitations set forth herein and shall continue to notify all guests of
said limitations upon occupancy.
19. That any new signage, beyond that legally existing on the date of this resolution, shall be submitted
to the Planning Commission for review and approval as a"Reports and Recommendations" item.
20. That within a period of sixty (60) days from the date of this resolution, Condition Nos. 4, 5, 13 and
14, above-mentioned, shall be complied with.
21. That approval of this application constitutes approval of the proposed request only to the extent that
it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and
Federal regulations. Approval does not include any action or findings as to compliance or approval
of the request regarding any other applicable ordinance, regulation or requirement.
BE IT FURTHER RESOLVED that the conditions of approval of Resolution Nos. 68R-540,
PC99-203 and 2000R-15, adopted in connection with Conditional Use Permit No. 1043, are hereby
superceded in their entirety, by the above-mentioned Condition Nos. 1 through 21.
BE 17 FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicanYs compliance
with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof,
be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this
Resolution, and any approvals herein contained, shall be deemed null and void.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
May 22, 2000.
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GHAIRPERSON, ANAHEIM C Y PLANNING COMMISSION
ATTEST:
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SEC TA Y, ANAHEIM CITY PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheirri'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 May 22, 2000, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: ARNOLD, BRISTOL
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of
, 2000.
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SECRETARY, AHEIM CITY PLANNING COMMISSION
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