Resolution-PC 2001-15• ~
RESOLUTION NO. PC2001-15
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 2231
FOR FIVE (5) YEARS TO EXPIRE JANUARY 29, 2006
(CUP Tracking No. 2001-04312)
WHEREAS, on August 10, 1981, the Anaheim City Planning Commission adopted
Resolution No. PC81-170 to approve Conditional Use Permit No. 2231 and permit a 41-unit motel in the
CL "Commercial, Limited" Zone at 831 South Beach Boulevard with waiver of maximum structural height;
and that on July 13, 1999, the City Council adopted Resolution No. 99R-156 to modify the use permit by
adding certain conditions of approval intended to remedy numerous Code violations existing on the
property, including Condition No. 23 which specifies that a public hearing shall be scheduled in six
months, on or about November 10, 1999, to consider revocation or further modification of the conditional
use permit; and.
WHEREAS, on November 8, 1999, the Planning Commission adopted Resolution No.
PC99-196 to revoke this conditional use permit, but that said action was appealed and on January 11,
2000, the City Council adopted Resolution No. 2000R-8 to amend the use permit, including permitting the
use for an additional year until January 11, 2001; and
WHEREAS, this property is currently developed with a 41-unit, 2-story motel (Rainbow Inn)
in the CL (Commercial, Limited) zone; that the Land Use Element of the Anaheim Genecal Plan
designates the property for General Commercial land uses; and that the property is located in the West
Anaheim Commercial Corridors Redevelopment Project Area and in Community Planning Area No. 1;
and
WHEREAS, the petitioner has requested reinstatement of this conditional use permit (which
expired on January 11, 2001) to retain the existing 41-unit, 2-story motel under authority of Code Section
18.03.093.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on January 29, 2001, 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 use proposed to be reinstated is properly one for which a conditional use permit is
authorized by the Zoning Code.
2. That the use, as reinstated and as conditioned herein, will not adversely affect the adjoining
land uses and the growth and development of the area in which it is located.
3. That the size and shape of the site for the use, as reinstated, 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; and that all physical aspects of the property remain the same as when this use
permit was originally approved.
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4. That the traffic generated by the use, as reinstated, 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, under the conditions imposed, will not be
detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim; and
that this use permit has been exercised in substantially the same manner and in conformance with all
conditions and stipulations previously approved by the City Council.
6. That the use is being exercised in a manner which is not detrimental to the surrounding
areas or land uses, nor to the public peace, health, safety and general welfare; that during the past year
the business has complied with the conditions of approval, as documented by the Code Enforcement
Division and Zoning Division; that there are no outstanding Code violations or complaints at this property;
that the property is being satisfactorily maintained; and that, therefore, a reinstatement period longer than
one year is justified.
7. That modification of the time limitation is necessary to permit reasonable operation under
the use permit as granted.
8. That the facts necessary to support each and every required showing for reinstatement of
this use permit exist.
9. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
CALt~ORNIA Ei~ttffRONIFIfENTRL QUALITY ACT FINDING: The Planning Diree~or's
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 reinstate Conditional Use Permit No. 2231 to retain the existing 41-unit, 2-story motel for a period
of five (5) years to expire on January 29, 2006;
AND BE IT FURTHER RESOLVED that the Planning Commission does hereby amend, in
their entirety, the conditions of approval of Resolution No. PC81-170, adopted in connection with
Conditional Use Permit No. 2231 and as amended, to read as follows:
That this Conditional Use Permit shall terminate five (5) years from the date of this resolution, on
January 29, 2006.
2. That the property owner shall pay the cost of quarterly Code Enforcement Division inspections during
the five (5) year reinstatement period which ends on January 29, 2006. If any such inspection(s)
indicate that the property is not in compliance one or more of the conditions of approval, the property
owner shall also pay the cost of Code Enforcement inspection until the subject property is brought
into compliance.
3. That appliances for the purpose of heating and preparing food shall not be permitted in guest rooms.
4. That smoke alarms in the guest rooms shall continue to be hard-wired (rather than being battery
operated), and shall be operable and maintained in good working order at all times.
5. That the trash storage area(s) shall be maintained in compliance with approved plans on file with the
Public Works Department, Street and Sanitation Division.
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6. That a minimum of one (1) licensed uniformed security guard, 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. Said licensed
security guard shall be present on the premises at a minimum on Fridays, Saturdays and Sundays
from 8 p.m. to 8 a.m. of the following morning. Additional security shall be provided if required by the
Anaheim Police Department.
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 made 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 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 purpose 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 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.
41. That aH avaiiable room ra~es 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 duties regarding the collection
of transient occupancy taxes.
13. That this property and these buildings and accessory structures shall be maintained in compliance
with the statutes, ordinances, laws and 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.
14. That on-site landscaping shall be refurbished as necessary and permanently irrigated and
maintained, including regular removal of trash or debris; and that gra~ti shall be removed 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 any tree planted on-site shall be replaced in a timely manner in the event that it is removed,
damaged, diseased and/or dies.
17. That guest rooms shall not be rented, let, or occupied by any individual for periods of less than
twelve (12) consecutive hours.
18. That any new signage beyond that legally existing on the date of this resolution, shall be subject to
review and approval by the Planning Commission as a"Reports and Recommendations" item.
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19. That subject property shall be developed and maintained substantially in accordance with plans and
specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the
Planning Department marked Exhibit Nos. 1 through 4.
20. 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
January 29, 2001.
CHAIRPERSON, EIM CITY PLANNING COMMISSION
ATTEST:
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
Cll'Y OF ANAHEtM )
I, Osbelia Edmundson, 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 January 29, 2001, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: VANDERBILT
IN WITNESS WHEREOF, I have hereunto set my hand this a`7 day of
, 2001.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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