Resolution-PC 96-15~ ~
RESOLUTION NO. PC96-15
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT
PETITION FOR MODIFICATION OF CONDITION lVO. 14 C~F RESOLUTION NO. PC95-78,
ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 1978,
BE DENIED
WHEREAS, on May 21,1979 the Planning Commfsston adopted Resolution No. PC79-100 to approve
Conditional Uso Permft No. 1978 (permitting a 23-unit motel with waivers of minimum required parking,
maximum structural height, and minimum Iandscapec! setback ai 426 South Beach Boulevard); and that
no further action was taken by the City Council.
WHEREAS, on July 10, 1995 the Pla~ning Commission held a Fublic hearing to consider whether
Conditional l;se Permft No. 1978 should be revoked or mod~ied based on the use befng exercised in a
manner which may be detrimentai to the public health, peace, safety or weifare, or in such a manner as to
constftute a publlc nuisance; and that Commission adopted Resolution No. PC95-78, amending Resolution
No. PC79-100, based, in part, on a flnding that'modffication, Including the imposition of additional conditions
of approval, (s reasonably necessary to protect the public peace, health, safety or general w~elfare° of the
community; and that Condition No. 14 of said ResoluUon No. PC95-78 specffically states:
"14. That Conditionat Use Permit No. 1978 shall expire sbc (6) months from the date of this
resolut(on, on January 19, 1996.'
WHEREAS, subject properry is developed wfth a one- and twastory 23-unit motel in the CL
"Cemmercial, Limfted" Zone.
`j WHEREAS, Sumanbhai N. Patei, property owner, submitted a letter, received January 3, 1996,
requesting modffication of Condition Na. i4 of Resolutton No. PC85-78 to retain the 23-unft motel.
~ WHEREAS, on July 10, 1995 the Pianning Commission modffied Conditional Use Permit No. 1978
by adding 18 new condftions of approval (to be completed by September 9,1995) including, but not Iimfted
to, the foilowing conditions wh(ch, as of the date of the February 5, 1996 Staff Report to the Planning
, Commission, had not been fully complied with:
"2. That the owner/manager shall maintain a complete guest registry or guest card system
which includes the fuli name, address, date of b(rth, and ver~ied driver's license or legal
identification and vehicle registration number of all registered guests, date of registratlon,
length of stay, and room rate; and which shall bg made avaflable upon demand by any
police o~cer, code enforcement officer, or lice~se inspector of the City of Anah~irr-.
3. That wfthin a period of thirty (30) days ftom the ~iate of this resolutfon, a statement shall be
printec! on the face of the guest registration card to be completed by the guest when
registering, advising that the register is open to inspec:ion by the Anaheim Police
Department or other Ciry of Anaheim personnel for law e~oresment purposes.
4. That guest rooms shall not be rented or iet for periods of less than twelve (12) consecutive `':~
hours nor more than thirry (30) consecutlve days, excluding one (1) manager's u~it.
6. That every occupied guesi room shall be provided wfth daily maid service."
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"9. That all availabie room rates shali be prominenUy displayed In a conspicuous place within
the office or lobby area cleady visible to motel guests, 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 within a period of sixty (60) days ftom the date of this resolution, subJect property,
buildings and accessory structures shall be brought frrto compllance with the statutss,
ordinances, laws or regulations of the State of Calffomia, as adopted by the Cfry of
Anaheim, Including the Uniform Buflding Code, Unfform Housing Code, Unfform Fire Code,
Unfform Plumbing Code, National Electric Code and Unfform Mechanical Code, and
permanenUy malntatned thereaner in complfance wfth such statutes, ordinan~es, Iaws or
regulations.'
WHEREAS, since the July 10,1995 public hearing, Code Enforcement has receNed one (1) cftizen-
generated complaint regarding substandard housing conditions and irrvestigation resulted (n approximately
38 observed Code violations, includ(ng, but not Iimited to:
Hazardous plumbing or plumbfng iixtures.
Hazardous or exposed electrical wiring and/or fixtures.
Deteriorated walls and/or ceilings.
Faulty weather protection.
Inadequate flre protectfon includfng defective smoke detectors 2nd/or flre exttnguisher.
Properry ma(ntenance violations, including graffiti, excessive weed and/or rubbish.
WHEREAS, although the recently imposed condft(ons of approval, ths regufar Code
Enforcement/Police Department inspeations znd the 24-Fiour unHormed securtry guard service did result in
an improvement in the overall condit(on and operation of the motel use, allowing the property owner fo self-
manage the premises and the reduction of regular Code Enfoicement/Police Dopartment fnspections and
securiry guard hours has resulted in an increase in substandard housing condftions and undosirable or
criminal activRies on or irnme~ilately adjaceM to the premises; and, therefore',~ the subject use is, and
continues to be exercised contrary to the terms or condftions of approval, or in v~alation of State or local
statutes, ordinances, laws or regulat(ons (n that:
1. A detailed registration card systems is not befng matntained.
2. A statement is not provided on the face of the guest registration card ir~forming guests that
registratfon is open for fnspection by law eMorcement officials.
3. Rooms are being rented or Iet to indiv(duals for periods in excess of thirty (30) consecutive days.
4. Daily maid service to occupied rooms is not being provided.
5. Room rates are not posted in lobby or office area.
6. Substandard housing condftions continue to exist in all guest rooms.
WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its
behalf, and after due consideration of all avidence and reports oNered at said hearing, does flnd and
determ(ne the following facts:
1. That a public hearing was held xo determine wheti~er grounds exist to modify subJect condkional use
permft, as requested, to retain the 23-unft motel;
That the s~bject propert~, in fts present condition and/or operation, constkutes a public nuisance as
deffned in Section 6.44.010 (Nuisances) of the Anahefm Municipal Code; and
3. That one person appeared at the public hearing in oppositfon to the proposal.
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CALIFORNIA ENVIRONMENTAL OUALITY ACT FlNDING: That the Anaheim City Pfan~ing
Commission has reviewed the proposal to modify a conditton of approval pertalning to the Ifmitation of ttme
to retain a 23-unit motel; and does hereby find that the NegatNe Dedaratton prevfousiy approved in
connection wfth Condfttonal Use Permit No. 1978 is adequate to serve as the requlred ernironmental
documentation In connection with 4his request upon flndtng that the dedaratton reflects the independerrt
judgement of the lead agency and that ft has considered the Negative Deciaration together wfth any
comments received during the public review process and further flnding on the basis of the initial study and
any comments received that there is no substantial evidence that the proJect will have a signfficant effisct
on the environment.
NOW THEREFORE BE IT RESOLVED that the Anaheim Planning Commfssion does hereby deny
the request to amend Condit(on No. 14 of Resoltition No. PC79-100, as amended by Resolution No. PC95-
78, to retair~ the 23-unft motel.
THE FOREGOING RESOLUTION was adopted at the Planning Commfssfon meetfng of
January 8, 1996• y[~
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AIFtWOMAN, ANAHEIM CITY NNING COMMISSION
ATTEST:
~I C~2¢L~I~.~C~.~~~
SECR~ARY, AHEIM CIT.Y PLANN{NG COMMISSION •
STATE OF CAUFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim Ciry 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 8, 1996, by the following vote of th~ members thereof:
AYES: COMMISSIONERS: BOS'fWICK, BOYDSTUN, BRISTQL, HENNINGER, P!AYER, MESSE, PERAZ4,
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NbNE
IN WITNESS WHEREOF, I have hereunto set my han~ this ~~ day of _ n/1 ~,
, sss.
~ (}~,/!.1 ~LIJ ~A'1.(b
:SECRETARY, AHEIM CITY PLANNING COMMISSION
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PC96-15