Resolution-PC 2005-142~ ~
RESOLUTION NO. PC2005-142 '
A RESOLUTION OF THE ANAMEIM PLANNING COMMISSION
THAT PETITION FOR CONDiTtONAL USEPERMIT N0. 2005-05021 BE GRANTED
(2748 WEST LINCOLN AVENUE)
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of
California, described as:
THE WEST 125.00 FEET OF THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER OF'THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 4 SOUTH,
RANGE 11 WEST, IN THE RANCHO LOS 'COYOTES, JN THE CITY OF ANAHEIM,
COUNTY OF ORANGE; STATE OF CALIFORNIA, AS PER MAP 'RECORDED IN BOOK
54, PAGE11 OF MISCELLANEOUS ' MAPS, IN THE OFFiCE OF THE COUNTY
RECORDER OF SAID COUNTY:
EXCEPT THEREFROM 7HE NORTH 66 FEET, AS CONVEYED TO THE STATE-OF
CAUFORNIA BY DEED RECORDED W BOOK 4031, PAGE 163, OFFICIAL RECORDS
WHEREAS, the City 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, 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
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 followingfacts:
1. That the proposed use is properfy one for which a conditional use permit is authorized by
Anaheim Municipal Code Section No. 18.08.030.040.0402: to permit an existing legal non-conforming moteL
2. That the request to retain the existing motel is an interim measure to allow financing for an
affordable housing project on this site. .
3. That the proposed use, as conditioned herein, will not adversely affect the adjoining land uses _
and the growth and development of the area in which it is proposed to be located. A Police Department :
memorandum dated September 1, 2005, indicates the cal(s for police services to this motel have steadily
decreased from 2003 to present, and that this interim approval is necessary for the future conversion of this
motel to an affordablehousing project.
4. That the size and shape of the site for the existing motel is adequate to allow the continued
operation of an existing mQtel in a manner not detrimental to the particular area nor to the public health and
safety because the property is of adequate size and shape to accommodate the use.
5. That granting this conditional use permit, under the conditions imposed, will not be defrimental
to the health and safety of the citizens of the City of Anaheim. "
6. That seven (7) people filled out speaker cards in favor of the request, but did not wish to
speak. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
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CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's
authorized representative has deterrnined that the proposed project falls within the definition of Categorical
Exemptions, Section 15301, Class 1, (Existing Facilities) of the State of California"CEQA Guidelines and is,
therefore, exempt from the requirement to prepare additional environmental documentation.
NOW, THEREFORE, BEJT RESOLVED that the Anaheim City Planning Commission does
hereby grant subject Petition for Conditional .Use Permit, upon the following conditions which are hereby, :
found tobe a necessary prerequisite to the proposed use of the subject property in order to preserve the
health and safety of the,Citizens of the City of Anaheim:
1. That this permit shall expire in three (3) years, on September 19, 2008:
2. That no banners or other advertising shall be displayed; and that no special event permits shall be
issued for this business.
3. That the proposal shall comply with all sign regulations of the C-G (General Commercial) Zone unless a -
variance allowing sign waivers is approved by the Planning Commission. All signage shall be subject to
review and approval by the Planning Services Division."Any decision regarding such signs may be
appealed to the Planning Commission as a`Reports and Recommendations' item.
4. That no required parking area shall be fenced or otherwise enclosed or used for outdoor storage.
5. That any proposed ground or roof-mounted mechanical equipment shall be subject to the requirements
of Anaheim Municipal Code. Said information shall be speci~cal(y shown on plans submitted for
building permits.
6. That the locations for future above-ground utility devices including, but not limited to, e(ectrical
transformers, water backflow devices, gas, communications and cable devices, etc., shallbe shown on
plans submitted for building permits. Plans shall also identify the specific screening treatments of each
device for existing and proposed devices (i.e. tandscape screening, color of walls, materials; identifiers,
access points, etc.) and shall be subject to the review and approval of the appropriate City departments.
7. That an on-site trash truck turn around area shall be maintained per Engineering Standard Detail No.
610 and shown on plans as required by the Department of Public Works, Streets and Sanitation
Division.
8. That all requests for new water service or fire lines, as well as any modifications, relocations, or
abandonment of existing water services and firelines, shal! be coordinated through the Water
Engineering Division of the Anaheim Public Utilities Department.
: 9. That trash storage areas shall be provided and maintained in locations acceptable to the Public Works
Departmenf, Streets and Sanitation Division and in accordance with approved plans on fife with said
Department. The walls of the storage areas shall be protected from graffiti opportunities by the use of
plant materiafs such as minimum 1-gallon size clinging vines planted on maximum 3-foot centers or tall
shrubbery.
10. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to
the Public Works Department, Streets and Sanitation Division for review and approvaL
11. That the property shall be permanently maintained in an orderly fashion through the provision of regular
landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) :
hours from time of occurrence.
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12. That the parking lof serving the premises shall be equipped with lighting of sufficient power#o illuminate
and make easilydiscernible the appearance and conduct of ali'persons on or about the parking lot.
Said lighting shall be directed, positioned and shielded in such a manner so as not to unreasonably
illuminate the windows of nearby residences.
13. 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 not in compliance with'any
conditions of approval,;the property owner shall also pay the costs'of any additional Community
Preservation inspections until the subject property is brought into compliance. '
14. That cooking facilities may be included in the guest rooms provided that such facilities shall be hard
wired (microwaves excepted) and shall comply with all applicable building codes, including provisions
for proper venting. No portable hof plates or similar cooking devices shall be permitted in the guest
rooms.
15. 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.
16. That the owner/manager shali 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, Community Preservation
officer, or license inspector of the City of Anaheim during reasonable business hours.
17. That every occupied guest room shaU be provided with.weekly maid service or at check out, whichever
is first.
18. 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.
19. 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.
20. That al! available room rates shall be prominently displayed in a conspicuous place within the office
area, and that the property owner and/or mote! management shall comply with the provisions of Section .
4.09.010 of the Anaheim Municipal Code pertaining to the posting of room rates.
21. 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.
22. 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.
23. 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.
24. That any on-site tree planted on-site shall be replaced in a fimely manner in the event that it is removed,
damaged, diseased and/or dead.
25. That no pay telephones shall be located outside the secured courtyard area of the 17i0t61 bUlldiflg.
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26. ' That no vending machines shali be visible frorii the public right=of-way.
27. :That the owners of the motel shall meet quarterly with officersfrom the West CommunityPolicing Team
' to actively promote crime prevention activities.
28. That subject property shallbe 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 No.1, and as conditioned herein.
29. That within a period of one (1) year from the date of this resolution, Condition Nos. 7, 9 and 10,
above-mentioned, shall be complied with. Extensions for further time to complete said conditions may
be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code.
30. That approval of this application constitutes approval of the propased 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 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.
BE IT FURTHER RESOLVED that that the applicant 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 or prior to commencing the activity authorized by this permit, whichever occurs first. Failure to pay all
charges shall result in detays 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, "Zoning
Provisions - General" of the Anaheim Municipal Code pertaining to appeal ocedures and may be replaced
by a City Council Resolution in the event of an appeaL
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CHAIRMAN
ATTEST:
/!~~--~v~-~-.'~.-- ,
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
M PLANNING COMMISSION
PC2Q05-142
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STATE OF 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 thereofi
AYES: COMMISSIONERS: BUFFA; FLORES, KARAKI, PEREZ, ROMERO, VELASQUEZ
NOES: COMM(SSIONERS: NONE
ABSENT: COMMISSIONERS: EASTMAN
,r~ T
W WITNESS WHEREOF, I have hereunto set my hand this /"~ day of
I~O V t rn ~Gr ~ 2005.
!
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION