RES-2022-036RESOLUTION NO. 2022-036
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING DEVELOPMENT PROJECT NO.
2022-00008 AND MODIFYING CONDITIONAL USE PERMIT
NO. 2494, AND MAKING CERTAIN FINDINGS IN
CONNECTION THEREWITH
(DEV2022-00008)
(920 SOUTH BEACH BOULEVARD)
WHEREAS, on November 24, 1975, and subject to certain conditions of approval, the
Planning Commission of the City of Anaheim ("Planning Commission"), by its Resolution No.
PC75-248, did approve Conditional Use Permit No. 1582 to construct a 22-room motel; on October
3, 1983, by its Resolution No. PC83-183, did approve Conditional Use Permit No. 2494 to permit
a 10-room expansion to the motel; and on July 17, 1989, by its Resolution No. PC89-188, did
approve Conditional Use Permit No. 3179 to permit a 9-room expansion on that certain real
property located at 920 South Beach Boulevard in the City of Anaheim, as generally depicted on
the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property");
and
WHEREAS, Conditional Use Permit No. 3179 was never exercised by the property owner;
and
WHEREAS, Planning Commission Resolution No. PC89-188 contained the following
condition of approval:
111. The subject property shall be developed substantially in
accordance with plans and specifications on file with the City of
Anaheim marked Exhibit Nos. 1 through 3; provided, however, that
kitchen efficiency units may not be installed in no more than twenty-
five percent (25%) of the motel units, with a maximum of 6-cubic
foot refrigerators, two-bumer stoves excluding oven and baking
facilities, and single compartment sinks, except that the manager's
unit will be allowed to have full kitchen facilities."
The conditions of approval which were the subject of the Original CUP shall be referred to herein
collectively as the "Previous Conditions of Approval'; and
WHEREAS, the 0.51-acre Property is developed with a 32-room motel commonly referred
to as the Travel Inn, that has been operating since approximately 1976 and is owned by The Ping
Liu Family Trust, represented by Pravin Ahir ("Owner"); and
WHEREAS, the Property is located within the Beach Boulevard Specific Plan (SP2017-1)
Residential Medium Development Area, and the Anaheim General Plan designates the Property
for Medium Density Residential land uses; and
WHEREAS, over the past several months, City staff became aware of public health and
safety issues that exist as a result of the motel operations including, but not limited to, increased
criminal activity and calls for emergency medical service; and
WHEREAS, on December 21, 2021 the City provided written notice to Owner that the
Property was considered a Nuisance pursuant to Anaheim Municipal Code Section 6.44.010.0709.
On February 4, 2022, the City provided written notice to the Owner advising that a hearing would
be held on February 28, 2022, at which time staff would request that the Planning Commission
abate the nuisance and revoke or amend the Original CUP to add conditions of approval to ensure
the use operates in a manner that is not detrimental to public health and safety; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on February 28, 2022, notice of said public hearing having been duly given as
required by law and in accordance with the provisions of Chapter 18.60 of the Code, to hear and
consider evidence for and against said proposed conditional use permit amendment or revocation
and to investigate and make findings and recommendations in connection therewith; and
WHEREAS, the Planning 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 with respect to the Original CUP, adopted Resolution No. PC2022-048 modifying the
conditions of approval of the Original CUP; and
WHEREAS, on March 7, 2022, and within the time prescribed by Section 18.60.130
of the Anaheim Municipal Code, an appeal of the Planning Commission's action were filed
by Frank A. Weiser on behalf of Pravin Abir (the "Appellant"); and
WHEREAS, thereafter, the City Council did set the matter for a de novo hearing, which
public hearing was duly noticed in the manner provided by law; and
WHEREAS, the City Council did hold a public hearing at the Civic Center in the City of
Anaheim on April 12, 2022 at 5:30 p.m., notice of said public hearing having been duly given as
required by law and in accordance with the provisions of Chapter 18.60 of the Code, and did give
all persons interested therein an opportunity to be heard, and did receive evidence and reports, and
did consider the recommendations and action of the Planning Commission pursuant to the appeal
provisions set forth in Chapter 18.60 of the Code; and
WHEREAS, at said public hearing, this City Council, after due inspection, investigation
and study made by itself and in its behalf, and after due consideration of the all evidence and
reports offered at said hearing with respect to Conditional Use Permit No. 2494, does find and
determine the following facts:
1. The permit granted is being, or recently has been, exercised contrary to the terms or
conditions of such approval, or in violation of any statute, ordinance, law, or regulation, because
as a result of motel operations there has been criminal activity including, drug use and sales, and
gambling on the Property.
2. The use for which the approval was granted has been so exercised as to be detrimental
to the public health or safety, or so as to constitute a nuisance. The motel has operated at this
location for over 45 years and this approval includes additional conditions of approval that will
serve to reduce criminal activity on the Property that has been detrimental to the public health and
safety of the surrounding community, including drug abuse, assault, and gambling.
3. That any such modification, including the imposition of any additional conditions, is
reasonably necessary to protect the public peace, health, safety, or general welfare, or necessary
to permit reasonable operation under the permit as granted.
WHEREAS, the City Council determines that the evidence in the record constitutes
substantial evidence to support the actions taken and the findings made in this Resolution, that
the facts stated in this Resolution are supported by substantial evidence in the record, including
testimony received at the public hearing, the staff presentations, the staff report and all materials
in the project files. There is no substantial evidence, nor are there other facts, that negate the
findings made in this Resolution. The City Council expressly declares that it considered all
evidence presented and reached these findings after due consideration of all evidence presented
to it.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve the
modification of Conditional Use Permit No. 2494 based on the following findings:
1. The permit granted is being, or recently has been, exercised contrary to the terms or
conditions of such approval, or in violation of any statute, ordinance, law, or regulation, because
as a result of motel operations there has been criminal activity including, drug use and sales, and
gambling on the Property.
2. The use for which the approval was granted has been so exercised as to be detrimental
to the public health or safety, or so as to constitute a nuisance. The motel has operated at this
location for over 45 years and this approval includes additional conditions of approval that will
serve to reduce criminal activity on the Property that has been detrimental to the public health and
safety of the surrounding community, including drug abuse, assault, and gambling.
3. That any such modification, including the imposition of any additional conditions, is
reasonably necessary to protect the public peace, health, safety, or general welfare, or necessary
to permit reasonable operation under the permit as granted.
BE IT FURTHER RESOLVED that this City Council does hereby approve Development
Project No. 2022-00008, thereby modifying the Original CUP.
BE IT FURTHER RESOLVED that the conditions of approval attached to this Resolution
as Exhibit B amend the Previous Conditions of Approval and hereby replace the Previous
Conditions of Approval in their entirety and, therefore, reflect the amendment and restatement of
the Prior Conditions of Approval. The conditions of approval attached to this Resolution as
Exhibit B shall control and govern the Property.
BE IT FURTHER RESOLVED that this permit is approved without limitations on the
duration of the use. Amendments, modifications, and revocations of this permit may be processed
in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City -
Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code.
BE IT FURTHER RESOLVED that the time within which a rehearing must be sought is
governed by the provisions of Section 1.12.100 of the Anaheim Municipal Code and the time
within which judicial review of final decisions must be sought is governed by Section 1094.6 of
the Code of Civil Procedure and Anaheim City Council Resolution No. 79R-524.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of the
City of Anaheim this 12 day of April , 2022, by the following roll call vote:
AYES: Mayor Sidhu and Council Members O'Neil, Was,
Moreno, Valencia and Faessel
NOES: None
ABSENT: None
ABSTAIN: Council Member Diaz (recusal)
CIT
In
CITY CL RK OF THE CITY OF ANAHEIM
EXHIBIT "A"
DEV NO. 2022-00008
Exhibit B
NO.
CONDITIONS OF APPROVAL
REVIEW BY
TO BE COMPLETED WITHIN 30 DAYS OFAPPROVAL
I.
Security and Operations Plan: Within 30 days of the
Police
adoption of this resolution, the property owner shall procure
Department
the services of a licensed security services company to prepare
a Security and Operations Plan and shall submit the plan for
review and approval by the Anaheim Police Department.
Annual Review: The property owner shall be responsible for
coordinating an annual review of the Security and Operations
Plan as specified below in Condition No. 9.
Plan Requirements and Procedures: The Security and
Operations Plan shall be implemented within 90 days of the
adootion ofthis resolution; and shall include, but not be
limited to, the following:
• The proposed number of licensed security personnel,
days and hours of on -site security patrol, as determined
adequate by the Anaheim Police Department.
• The roles and responsibilities of security personnel,
including expectations for communication and
coordination with the Anaheim Police Department,
discouraging criminal activities, vandalism, trespassing,
and loitering upon or adjacent to the property.
• A Security Alarm System Plan (silent or audible)
covering, at minimum, the perimeter building and access
route protection, high valued storage areas, and
perimeter fencing and security gates.
• A video surveillance plan including a minimum of 30-
day video storage requirement, description of the type,
number, and location of security cameras. The
surveillance system shall cover, at minimum, lobby
entrances, building perimeters, and parking areas.
• Lighting Plan designed to ensure that parking lots,
passageways, recesses, and grounds contiguous to
buildings shall be provided with sufficient lighting to
make clearly visible the presence of any person on or
about the premises during the hours of darkness and
Exhibit B
provide a safe, secure environment for all person,
property, and vehicles on -site.
• Guest and Vehicle Registry Policies and Procedures.
All guests and their visitors must register at the office
before entering the premises. Unregistered visitors shall
be subject to prosecution for trespassing. At
registration, each guest shall show two pieces of I.D.,
one of which must be a drivers license or other type of
government issued photo identification. The following
information shall be included in the completed
registration:
o full time
o home address
o home telephone number
o date of birth
o government ID number and ID type
o state and country of ID issuance
o time of arrival
o number of assigned or visited room
o length of stay
o room rates
• A copy of each form of identification shall be kept by
. the owner/manager with the registration information.
• Vehicle registration information that shall be kept by the
owner/manager for a minimum of seven days.
2.
Alarm System: The property owner shall complete a
Police
Burglary/Robbery Alarm Permit application, Form APD 516.
Department
The form shall be submitted to the Police Department prior to
initial alamt activation. This form is available at the Police
Department front counter, or at:
htty://www.anaheim.net/260/Alarm-Pemits
The property owner shall be responsible for arranging an
inspection and approval for this system within 30 days of the
adoption date of this resolution.
3.
Rooftop Address: Within 30 days of the adoption of this
Police
Department
resolution, the property owner shall provide rooftop address
numbers to be visible by the police helicopter. The numbers
shall be a minimum size of 4-feet in height and 2-feet in
width. The lines of the numbers are to be a minimum of 6-
inches thick. Numbers should be spaced 12-inches to 18-
inches apart. Numbers shall be painted or constructed in a
Exhibit B
contrasting color to the roofing material. Numbers shall face
the street to which the structure is addressed. Numbers shall
not be visible from ground level.
4.
Street -Facing Address: The property owner shall ensure
Code
Enforcement
address numbers are positioned so as to be readily readable
from the street. The numbers shall be illuminated during
hours of darkness. All entrance doors shall be numbered with
the hotel room number and shall be completed within 30 days
of adoption of this resolution. The number shall be a minimum
height of 4". The property owner shall arrange inspection by
the Police Department within 30 days of the adoption of this
resolution.
5.
No Trespassing Signs: The property owner shall install signs
Code
Enforcement
containing the words "No Trespassing 602(k) P.C." posted at
the entrances of parking lots and located in other appropriate
places. Signs shall be at least 2 feet x 1 feet in overall size,
with white background and black 2 inch lettering. The
property owner shall arrange inspection by Code Enforcement
within 30 days of the adoption of this resolution.
6.
Parking Enforcement Signs: The property owner shall install
Code
Enforcement
signs at all entrances to parking am per 22658(a) C. V.C., to
assist in removal of vehicles at the property at the
owners/managers request. The property owner shall arrange
inspection by Code Enforcement within 30 days of the
adoption of this resolution.
7.
Criminal Activity Signs: Within 30 days of the adoption of
Code
Enforcement
this resolution, the property owners shall post at least three (3)
large signs in visible and conspicuous locations around the
outside of the premises. The signs should read as follows:
"NO LOITERING, NO WEAPONS, NO CONSUMPTION
OF ALCOHOL, AND NO CRIMINAL ACTIVITY WILL BE
TOLERATED." and "THE ANAHEIM POLICE
DEPARTMENT MAKES REGULAR AND FREQUENT
PATROLS OF THESE PREMISES AND MANAGEMENT
WILL EMPLOY ALL LAWFUL MEANS OF
PREVENTING CRIMINAL ACTIVITY ON THESE
PREMISES."
Termination of CUP 3179: Within 30 days of the adoption of
Planning &
this resolution, the property owner shall submit a letter to the
Building
I8.
Planning and Building Director requesting the termination of
Department,
CUP 3179, which was never exercised.
s
Planning Services
Division
Exhibit B
OPERATIONAL CONDITIONS
9.
Annual Review: The Security and Operations Plan, along
Police
with an updated and executed contract with the licensed
Department
security service shall be provided to the Anaheim Police
Department annually. The property owner shall coordinate an
annual meeting with the Anaheim Police Department to
review and modify the Security and Operations plan, with any
modifications determined to be necessary by the Anaheim
Police Department. The applicant shall coordinate the annual
review on or before the anniversary date of the adoption of
this resolution.
10.
On -Site Manager: The property owner shall ensure that a
Police
manager is present on the property at all times and provides
Department
effective management and control of the property. The
property owner shall require regular inspection and
supervision of the premises by the manager. The property
owner shall employ only those people who have had a
background check performed and who have no history either
by arrest or conviction for any narcotics, prostitution,
weapons, or violent offense.
11.
Criminal Activity: The property owner, property managers,
Police
Department
and all employees must report any illegal activities to the
Police Department and shall not rent rooms to persons
engaging in criminal activity or who have been previously
arrested on or adjacent to the motel premises. The property
owner, property managers, and all employees shall not engage
in, or aid in any way, any illegal activities including, but not
limited to, reporting police arrivals to persons with criminal
acts or intent and/or accepting any form of payment that
would persuade such person to act in favor of criminal
activity.
12.
Loitering or Prostitution: The property owner and property
Police
Department
managers shall ensure that rooms are not allowed for use by
persons engaged in criminal activity, including loitering for
the purpose of engaging in prostitution or the housing and/or
business use of sex workers.
13.
Rental Duration: The property owner shall ensure that rooms
Police
shall not be rented, let, or occupied by any individual for
Department
nods of less than twelve 12 consecutive hours. Rooms
Exhibit B
shall not be discounted for the rental of rooms for less than a
24-hour period. All daily room rates shall apply.
14.
Vehicle Registration: The property owner shall ensure that an
Police
on -site manager and security service monitors the parking lot
Department
and that only vehicles that have been registered may be parked
in the lot. A parking permit will be issued and must be
displayed on the dashboard. Vehicles without permits shall be
towed at the owner's expense. All vehicles must be parked
front -first into the parking spaces. No "back -in" parking is
allowed.
15.
Guest Age: The property owner shall ensure that an on -site
Police
manager does not allow anyone under the age of 21 to rent a
Department
room.
16.
Daily Cleaning Schedule: The property owner shall ensure
Code
Enforcement
that every occupied room is cleaned daily. Each room shall be
posted with a notice that daily room cleaning service is
required.
17.
Rules of Conduct: The property owner shall institute a set of
Code
"Rules of Conduct" for all patrons and guests at the motel.
Enforcement
The rules shall include a provision that states that any
violation of the rules is grounds for eviction and that the rules
will be strictly enforced in an effort to create a safe
environment for all concerned; require each patron and guest
to review and sign a copy of the rules to be placed in the
appropriate room file to ensure each person's awareness of the
rules; place an additional copy of the rules on the inside door
of the room or in some other conspicuous place in the room
for further reference.
18.
Property Maintenance: The property owner shall ensure that
Code
Enforcement
the property is permanently maintained in an orderly fashion
through the provision of regular landscaping maintenance, and
removal of trash, debris, or drug paraphernalia.
19.
Graffiti Removal: The property owner shall ensure that any
Code
Enforcement
graffiti painted or marked upon the premises or on any
adjacent area under the control of the property owner shall be
removed or painted over within 24 hours.
20.
Parking Areas: The property owner shall not fence or enclose
Code
Enforcement
for storage purposes any area required for parking.
Exhibit B
21.
The property owners shall defend, indemnify, and hold
Planning &
harmless the City and its officials, officers, employees and
Building
agents (collectively referred to individually and collectively as
Department
"Indemnitees") from any and all claims, actions or
Planning Services
proceedings brought against Indemnitees to attack, review, set
Division
aside, void, or annul the decision of the Indemnitees
concerning this permit or any of the proceedings, acts or
determinations taken, done, or made prior to the decision, or
to determine the reasonableness, legality or validity of any
condition attached thereto. The Applicant's indemnification is
intended to include, but not be limited to, damages, fees
and/or costs awarded against or incurred by Indemnitees and
costs of suit, claim or litigation, including without limitation
attomeys' fees and other costs, liabilities and expenses
incurred by Indemnitees in connection with such proceeding.
22.
The property shall be developed substantially in accordance
Planning &
with plans and specifications submitted to the City of
Building
Anaheim by the applicant and which plans are on file with the
Department,
Planning Department and as conditioned herein.
Planning Services
Division
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Resolution No. 2022-036 adopted at a regular meeting provided by law, of the Anaheim
City Council held on the 12th day of April 2022 by the following vote of the members thereof:
AYES: Mayor Sidhu and Council Members O'Neil, Ma ae, Moreno, Valencia,
and Faessel
NOES: None
ABSTAIN: Council Member Diaz (Recusal)
ABSENT: None
IN WITNESS WHEREOF, I have hereunto set my hand this 13th day of April. 2022.
CITY CL RK OF THE CITY OF ANAHEIM
(SEAL)