Resolution-PC 2005-135• •
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RESOLUTION NO; PC2005-135
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
REINSTATING AND APPROVING VARIANCE N0: 1229
(TRACKING NO. VAR2005-04659) AND TO MODIFY CERTAW CONDITIONS
OF APPROVAL ASSOCIATED THEREWITH'
(823 SOUTH BEACH BOULEVARD)
` WHEREAS, on'May 5, 2003, the Anaheim Planning Commission, by Resolution No.PC2003-66,
approved Variance No. 1229 as readvertised to retain a previously approved 70-unit motel and coffee shop at
823 South Beach Boulevard; and
WHEREAS, said Resolution Na PC2003-66 includes the following condition of approvaL•
"1. _ That this variance shall terminate on July 25, 2005."
WHEREAS, #his property is currently developed with a 70-unit motel and restaurant, the
underlying zoning is'C-G (General Commercial); the Anaheim General Plan designates this property for Low-
Medium Density Residential land uses; and this property is located within the Merged Anaheim Redevelopment
Project Area; and
WHEREAS, the applicant has requested ~einstatemenf of this variance'to retain a motel and
coffee shop pursuant to Code Section 18.60.180 of the Anaheim Municipal Code; and
WHEREAS, the applicant has further requestedthat condition no. 6 of Resolution No. PC2003-66
pertaining to the provision of licensed uniformed security guards on the premises be deleted; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of
Anaheim on September 19, 2005, at 2:30 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 18.60 "Procedures'°, 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 facts necessary to support each and every required showing for the original
approval of the entitlement as set forth in this chapter exist. '
2. That with the exception of condition no. 6 of Resolution No. PC2003-66 pertaining to the
provision of licensed uniformed security guards on the premises for which the applicant is requesting to delete,
the permit is being exercised substantially in the same manner and in conformance with all conditions and
stipulations originally approved.
3. That the permit is being exercised in a manner not detrimental to the particular area and
surrounding land uses, nor to the public peace, health, safety and general welfare. The memorandum provided :'
by the Police Department dated September 8, 2005, indicates that the motel does not require an inordinant
amount of police services when compared to similar motels in Anaheim; and that the property owner has been
cooperative in assisting the Police Department in addressing and preventing criminal activity on the premises.
4. That with regard to a deletion of a time limitation, such deletion would not be consistent with
the current Low Medium Density Residential land use designation in the Anaheim General Plan and as such,
the findings for removal of the time limit can not be made.
5. That no one indicated their presence at the public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CR\PC2005-135 -1- PC2005-135
(Tracking Na VAR2005-04659)
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CAUFORNIA ENVIRONMENTAL QUALITY ACT FINDING: ' That the Anaheim Planning
Commission has reviewed the proposal to reinstate this permit by the modification or deletion of a condition of
approval pertaining to a time limitation (approved on May 5, 2003, to expire on July 25,'2005) and to delete
condition na'6 of Resolution Na PC2003-66 pertaining to on-site security to retain a 70-unit motel and
restaurant and fias determined that the projecf is categorically exempt under CEQA Guidelines Section 15301,
~ , 9 , ~ ' cumentation is required.
Class 1 Existin Facilities and therefore, no additional environmental analysis or do
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby
approve the reinstatement of this permit and deletion of the time limitation; and further,;incorporates the
conditions of approval contained in Resolution No PC2003-66 into a new resolution with the following conditions
of approvaL•
1. That this variance shall terminate on July 25, 2020.
2. That the property owner shall pay the cost of random Community Preservation Division
InSpeCtions (not to exceed twice a year). If any, such inspections indicate that the property is tlot in ComplianCe
with any conditions of approvaf, the property owner shall also pay the costs of any additional Community
Preservation inspections until the'subject property is brought into compliance.
3. That cooking facilities may be included in the guest rooms provided that such`facilities shall be
hard wired (microwaves excepfed) and shall comply with aU applicable building codes, including provisions for
p p g, p p '' g shall be permitted in the guest rooms.
ro er ventin No ortable hot lates or similar cookin devices
4. That smoke alarms shall be hard-wired (rather than battery operated) in the guest rooms, and
shall be operable and maintained in good working order at all times. '
5. That the trash storage areas shall be maintained to comply with approved plans on file with the
Public Works Department, Street and Sanitation Division. '
6. 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 bemade available upon demand by any police officer, CommunityPreservation officer, or license
inspector of the City of Anaheim during reasonable business hours. -'
7. That every occupied guest room shall be provided with daily maid service.
8. 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 for the purpose of committing a criminal or immoral act.
9. 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.
10. That all available room rates shall be prominently disp(ayed in a conspicuousplace 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.
11. 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 collection duties of transient occupancy
taxes.
12. 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.
-2- ' PC2005-135
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13. That"on-site landscaping shall ~e refurbished as necessary and permanently irrigated and
' maintained, including regular removal of trash or debris, and removal of graffiti within twenty four (24) hours
from time of occurrence.
14. That a statement shall be printed on the face of the guest registratiorr 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.
15. ` That any on-site tree planted on-site shall be replaced in a timely manner in the event that it is
removed, damaged, diseased and/or dead.
16: That no pay telephones shall be (ocated outside of the motel building.:
17. That no vending machines shall be visible from fhe public right-of-way.
18. That the owners of the motel shall meet quarterly with officers from the WeSt ConlmUnlty
Policing Team to actively,promote crime prevention activities.
19. 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 RESOLVED that the Anaheim Planning Commission does hereby find and determine that
adoption of this Resolution is expressly predicated upon applicanYs compliance with each and all ofithe
conditions hereinabove set farth. 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.
BE IT FURTHER RESOLVED that the property owner/developer 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, prior to the issuance of building permits or commencement of activity for this project, whichever occurs
first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the
approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
September 19, 2005. Said resolution is subject to the appeal provisions'set forth in Chapter 18.60 "Procedures"
of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council
Resolution in the evenf of an appeaL
CHAIRMAN PRO TEMPORE, A EIM NNING COMMISSION
ATTEST:
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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STATE-0F CALIFORNIA )
COUNTY OF ORANGE ) ss. '
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that
the foregoing resolution was passed and adopted at a meeting of the Anaheim'Planning,Commission held on
' September 19, 2005, by the following vote.of the members thereof:
AYES: COMMISSIONERS: BUFFA„FLORES, KARAKI,'PEREZ, ROMERO, VELASQUEZ '
NOES: ' ' COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: EASTMAN '
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of '/1/0 ~Cm ~~!"
2005.
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION