Resolution-PC 2000-59.
RESOLUTION NO. PC2000-59
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTATING AND APPROVING VARIANCE NO. 1229
FOR ONE (1) YEAR TO EXPIRE MAY 22, 2001,
AND AMENDING CERTAIN CONDITIONS OF APPROVAL OF
RESOLUTION NO. 235 (SERIES 1959-60), AS AMENDED AND ADOPTED THEREWITH
WHEREAS, in April 18, 1960 the Planning Commission adopted Resolution No. 235
(Series 1959-60) approving Variance 1229 to operate a 70-unit motel and coffee shop at 823 South
Beach Boulevard; and
WHEREAS, on July 21, 1997, the Planning Commission adopted Resolution No. PC97-89
to modify the conditions of approval of Resolution No. 235 (Series 1959-60), including new Condition No.
13 which specified that the conditional use permit would terminate on July 21, 1998; and
WHEREAS, on November 1~, 1998, the City Council adopted Resolution No. 98R-249 to
further amend said Resolution No. 235 (Series 1959-60) to reinstate subject Variance No. 1229 and
impose new conditions including permitting the use until November 17, 1999; and
WHEREAS, on February 2, 2000, the City Council adopted Resolution No. 2000R-19 to
further amend said Resolution No. 235 (Series 1959-60) to reinstate subject Variance No. 1229 for a
period of one year until February 1, 2001 and to amend certain conditions; and
WHEREAS, the property is developed with a 70-unit motel (Covered Wagon Motel) in the
CL (Commercial, Limited) Zone; that the Anaheim General Plan designates the property for general
commercial land uses; and that the property is located in the West Anaheim Commercial Corridors
Redevelopment Area and Community Plan~ing Area No. 1; and
WHEREAS, this is a city-~nitiated public hearing to determine compliance with the
conditions of approval and to consider modifying certain conditions, including the length of stay limitation,
under the authority of Code Section 18.03.093 of the Anaheim Municipal Code in order to permit the
reasonable operation of this motel; and
WHEREAS, the City Planning 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 ~he 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 that the public hearing was continued from
the meetings 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:
That the proposal is properly a conditional use authorized by the Zoning Code.
2. That reinstating this variance, 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.
3. That the size and shape o~ the site for the proposal 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.
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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 reinstating this variance, as conditioned herein, will not be detrimental to the
particular area and surrounding land uses, inor to the public peace, health and safety and general welfare
of the citizens of the City of Anaheim.
6. That this variance is being exercised in substantially the same manner and in
conformance with all conditions and stipulations previously approved by the Planning Commission and
the City Council.
7. That the proposal will not adversely affect the adjoining land uses and the growth and
development of the area in which it is located.
8. That since the 1999 proceedings commenced, the Code Enforcement Division has
determined that substantial improvements have been made to this property.
9. That the Anaheim Police Department records indicate that this motel has reduced
criminal activity and abated the code violations that had initially prompted the Planning Commission to
consider revocation or modification of Variance No. 1229; and that to ensure that the motel continues to
operate in a manner consistent with the conditions of approval so as not to constitute a public nuisance,
staff recommended reinstatement of this variance for one year, to expire on May 22, 2001.
10. That the proposed reinstatement, including the imposition of additional conditions, is
reasonably necessary to protect the public peace, health, safety and general welfare.
11. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
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, 7HEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby reinstate and approve Variance No. 1229 to permit the continued operation of a 70-unit motel at
823 South Beach Boulevard; and
BE IT FURTHER RESOLVED that the Planning Commission does hereby adopt the
following conditions which are hereby found to be a necessary prerequisite to the proposed reinstatement
of the use of subject property in order to preserve the safety and general welfare of the Citizens of the
City of Anaheim:
1. That this Variance shall terminate one (1) year from the date of this resolution, on May 22, 2001.
2. That the property owner shall pay the cost of random Code Enforcement Division inspections
totaling twelve (12) during this one (1) year reinstatement period, and as often as necessary
thereafter, until the subject property is brought into compliance, and/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 preparation of food shall not be permitted in the guest rooms.
4. That smoke alarms in the guest roorrns shall be hard-wired (rather than battery operated), and shalf
thereafter be operable and maintained in good working order at all times.
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5. That the trash storage areas shall be refurbished to comply with approved plans on file with the
Maintenance Department, Streets and Sanitation Division.
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 owneNmanager 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 made available upon demand by any police officer,
code enforcement officer or license inspector of the City of Anaheim during reasonable business
hours.
That every occupied guest room shall be 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 purposes of pandering, soliciting or engaging in the act of prostitution; or 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 o~ 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 the 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, U!niform 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, or on January 15, 2001,
whichever occurs earlier, any occupancy of said unit shall be for a period 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 and 13,
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. 235
(Series 1959-60), PC97-89, 98R-249 and 2000R-19, adopted in connection with Variance No. 1229, are
hereby superceded in their entirety by the above-mentioned Condition Nos. 1 through 21.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicant's 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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WAIRPERSON, ANAHEIM CI PLANNING COMMISSION
ATTEST:
~~/u,cr
SECRETARY NAHEIM CITY PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secreta ;ry 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 May 22, 2000, by the foliowing vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, i have hereunto set my hand this ~~/ ~ day of
<~~~ , 2oao.
a~ ~~ ~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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