2000-106RESOLUTION NO. 2~00R-106
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM APPROVING CONDITIONAL USE PERMIT
APPLICATION NO. 2000-04193 REINSTATING
MASTER CONDITIONAL USE PERMIT NO. 3928 FOR
A PERIOD OF FIVE YEAR(S) TO EXPIRE JUNE 13,
2005, AND AMENDING CERTAIN CONDITIONS OF
APPROVAL RELATING THERETO AS SET FORTH IN
RESOLUTION NO. PC97-56.
WHEREAS, in 1957 the Planning Commission approved
Variance No. 761 to permit construction of an 18-unit motel at
420 South Beach Boulevard; and that in 1979 the Commission
granted Conditional Use Permit No. 1936 to expand the existing
motel with waiver of maximum structural height; and that in 1986
the Commission granted Conditional Use Permit No. 2751 to
construct an 18-unit addition to the existing 27-unit motel; and
WHEREAS, On February 22, 1995, the Commission modified
the above entitlements by adding conditions of approval designed
to reduce the excessive number of calls for police service at
this motel and to abate Code violations which had resulted in the
determination that this property constituted a public nuisance as
defined in Section 6.44.010 (Nuisances) of the Anaheim Municipal
Code; and that the conditions of approval were amended to add a
time limitation for this motel, to expire on November 12, 1999;
and
WHEREAS, on May 12, 1997, Resolution No. PC97-56 was
adopted by the Anaheim City Planning Commission to grant
Conditional Use Permit No. 3928 to retain the existing 45-unit
motel at 420 South Beach Boulevard; and that said resolution
included 21 conditions of approval, including Condition No. 21
which specifies that the use is permitted for a period of 30
months and will expire on November 12, 1999; and
WHEREAS, this property is developed with a two story 45-
unit motel (Best Budget Motel) located in the CL (Commercial,
Limited) Zone; that the Anaheim General Plan Land Use Element
designates the property for General Commercial land uses; and
that the property is also located within the West Anaheim
Commercial Corridors Redevelopment Area and the West Anaheim
Community Planning Area; and
WHEREAS, the petitioner has requested reinstatement of
Conditional Use Permit No. 3928 (which expired on November 12,
1999) under authority of Code Section 18.03.093 of the Anaheim
Municipal Code in order to retain the existing 45-unit motel; and
WHEREAS, on April 24, 2000, the Planning Commission did
hold a duly noticed public hearing and, following said public
hearing, did adopt its Resolution No. PC2000-49 approving
reinstatement of Master Conditional Use Permit No. 3928 for the
reasons set forth therein; and
WHEREAS, within the time permitted by law, an interested
party, or the City Council by its own action, did appeal the
decision of the Planning Commission to the City Council; and
WHEREAS, the City Council did hold a public hearing on
said appeal at the City Hall in the City of Anaheim on June 13,
2000, notice of said public hearing having been duly given as
required by law and in accordance with the provisions of the
Anaheim Municipal Code, 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 City Council after due inspection,
investigation and study made by itself and on its behalf, and
after due consideration of all evidence and reports offered at
said hearing, does find and determine as follows:
1. The proposed use is properly one for which a conditional
use permit is authorized by the Anaheim Municipal Code for the
following reasons:
(a)
The property is developed with a two story, 45-
unit motel, and has been zoned CL (Commercial,
Limited) since 1979. The Anaheim General Plan Land
Use Element Map designates this property for
General Commercial land uses. This property is
also located within the West Anaheim Commercial
Corridors Redevelopment Area and the West Anaheim
Community Planning Area.
(b)
Motels are a conditional use in the CL
(Comraercial, Limited) Zone of the City pursuant to
the provisions of Section 18.44.050.160 of the
Anaheim Municipal Code; and
2. The proposed use, if operated in full compliance with
the conditions imposed, will not adversely affect the adjoining
land uses and the growth and development of the area in which it
is proposed to be located for the following reasons:
(a)
Between May 1999, and April 2000, 35 calls for
police service were received at this motel
(b)
(c)
(d)
location. Out of the 35 calls, 16 were directly
related to criminal activity at the location. The
types of calls included family disturbances,
medical aids, assault with a deadly weapon,
trespassing, burglary, suspicious
subjects/activity, disturbance landlord/tenant,
disturbance boyfriend\girlfriend, and assault and
battery.
38 of the 45 motel rooms were recently inspected
by the Code Enforcement Division and some minor
violations were observed including inoperable
smoke detectors, deteriorated paint, leaking water
faucet, missing light cover, missing window
screen, and deteriorated wall. The inspection
also revealed that ten rooms had long-term tenants
based on an examination of the guest registration
forms, and that four rooms had hot plates and
toaster ovens for the long-term guests. Condition
no. 3 (pertaining to the uniformed licensed
security guard} and Condition no. 14 (pertaining
to an application for an Administrative Adjustment
to construct an 8-foot high block wall along the
east property line adjacent to the single family
residences) of Resolution No. PC97-56 have not
been complied with.
Numerous occupants of the motel appeared to be
living in the rooms for long periods of time.
This was further confirmed by the occupants and
the motel owner stating that tenancies had ranged
from several months to over two years. This was
evidenced by site inspections that revealed
kitchen appliances such as refrigerators,
microwaves, hot plates, electric skillets,
toasters, etc.
Currently, there are 146 hotels and motels
throughout the City and the vast majority of these
are well managed and maintained. However, some of
the older motels with lesser amenities have
resorted to long-term, as opposed to transient
occupancies and thus operate with occupancy
similar to apartment complexes. These long-term
occupancies of motel rooms have, in some
instances, created unsafe and dangerous living
conditions. In the past, staff has responded to
complaints regarding these substandard conditions
at motels on a reactive basis.
(e)
Recently, there has been a major concern expressed
by citizens regarding criminal activities and
substandard living conditions at certain motels
located primarily in the western portion of the
City. In order to address these concerns, staff
identified 22 motels that have a history of
criminal activities and code violations. Staff,
in conjunction with the Orange County Health
Department, proactively inspected all of these
businesses and were able to obtain compliance at
all but seven of the motels. The Best Budget
Motel is one of these seven motels; and
(f)
The conditions hereinafter set forth are
reasonably necessary to prevent long-term
occupancies of motel units designed and
constructed for short-term occupancy by tourists
and other persons needing short-term occupancy and
to protect the public health and safety from
criminal activities and unsafe housing practices
prevalent in the past at this property.
3. That the size and shape of the site is adequate to allow
the full development of the use in a manner not detrimental to
the particular area nor to the peace, health, safety and general
welfare; and
4. The traffic generated by the proposed use will not
impose an undue burden upon the streets and highways designed and
improved to carry the traffic in the area; and
5. The granting of this approval, under the conditions
imposed herein, will not be detrimental to the peace, health,
safety and general welfare of the citizens of the City of Anaheim
for the reasons set forth in paragraph 2 above; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that Conditional Use Permit No. 3928 be, and
the same is hereby, reinstated and extended for a period of five
(5) years to expire on June 13, 2005, subject to compliance with
the conditions of Resolution No. PC97-56 as hereinafter amended.
BE IT FURTHER RESOLVED that Condition Nos. 5 and 21 of
Resolution No. PC97-56, as amended and as adopted in connection
with Conditional Use Permit No. 3928, are hereby amended to read:
5. That guest rooms shall not be rented, let, or occupied
by any individual for more than thirty (30) days within any
ninety (90) day period, excluding one (1) manager's unit, subject
to the following:
(a)
Existing guest who have occupied a unit on the
premises for a continuous period over thirty (30)
days and are occupants on June 13, 2000 shall be
permitted to remain on the premises until and
including January 15, 2001.
(b)
The owner shall provide the Code Enforcement
Manager with a list, certified under penalty of
perjury, of all existing guests who satisfy the
conditions of subparagraph (a) (the ~qualifying
long-term guests").
(c)
Following the vacating of any unit by a qualifying
long-term guest, or on January 15, 2001, whichever
occurs earlier, any occupancy of any unit shall be
for a period not more than thirty (30) days within
any ninety (90) day period.
(d)
The owner shall notify all guests of the occupancy
limitations set forth herein within thirty (30)
days of the date of this resolution, and shall
continue to notify all guests of said limitations
upon occupancy.
21. That this conditional use permit shall expire five (5)
years from the date of this Resolution, on June 13, 2005.
BE IT FURTHER RESOLVED that the Resolution No., PC97-56
is hereby amended to add the following new conditions thereto:
22. That appliances for heating and preparing food shall not
be permitted in the guest rooms.
23. That within a period of sixty (60) days from the date of
this resolution, Condition No. 14, above mentioned, shall be
complied with.
24. That effective immediately, Condition No. 3, above-
mentioned, shall be complied with.
25. That guests vacating the premises shall be required to
remove all personal belongings from the guest rooms.
26. That within a period of sixty (60) days from the date of
this resolution, this property and these buildings and accessory
structures shall be brought into 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, and
permanently maintained thereafter in compliance with such
statutes, ordinances, laws or regulations.
27. That no guest room(s) shall be rented or let to any
person unless compliance is determined by the appropriate
division or department, with 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.
28. That within a period of sixty (60) days from the date of
this resolution, smoke alarms in the guest rooms shall be hard-
wired rather than battery operated and shall thereafter be
maintained in good working order at all times.
29. That three (3) foot high address numbers shall be
displayed on the roof of the building in a color which contrasts
with the roof material. The numbers shall not be visible to the
street or adjacent properties.
30. That guest rooms shall not be rented or let for periods
of less than twelve (12) consecutive hours.
BE IT FURTHER RESOLVED that, except as expressly
amended herein, the provisions of Resolution No. PC97-56 shall
remain in full force and effect.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 13th day of June, 2000.
MA~~E I M
ATTEST:
28586.1
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 2000R-106 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 13th day of June, 2000, by the following vote of the members
thereof:
AYES:
MAYOR/COUNCIL MEMBERS: Feldhaus, McCracken, Daly
NOES:
MAYOR/COUNCIL MEMBERS: Tait, Kring
ABSENT:
MAYOR/COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution
No. 2000R-106 on the 13th day of June, 2000.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 13th day of June, 2000.
~C~CLEI~KLOOF G:)J2-4(~
THE CITY OF ANAHEIM
(SEAL)
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original of Resolution No. 2000R-106 was duly passed and adopted by the City Council of
the City of Anaheim on June 13th, 2000.
F THE CITY OF ANAHEIM