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2003-061RESOLUTION NO. 2003R- 61 A RESOLUTION OF THE C1TY COUNCIL OF THE C1TY OF ANAHEIM ADOPTING A POLICY PROHIBITING THE IMPOSITION OF ANY SPECIFIC TIME LIMITATION ON THE LENGTH OF GUEST OCCUPANCY IN A HOTEL OR MOTEL AND RESCINDING ANY SUCH LIMITATION HERETOFORE IMPOSED IN ANY ZONING ENTITLEMENT. WHEREAS, in a limited number of instances and under certain circumstances, the City Council or City Planning Commission has heretofore approved new zoning entitlements, or amended existing zoning entitlements, for certain hotels or motels to include conditions limiting the permitted length of guest occupancy in such hotels or motels to a maximum of thirty days within any ninety day period, or other similar specific time limitation (the "Occupancy Limitation"); and WHEREAS, said Occupancy Limitation has heretofore been imposed as a condition of approval in the following zoning entitlements currently in effect: Conditional Use Permits Nos. 244 and 564 authorizing a 52-unit motel on the property located at 1800 West Lincoln Avenue, Anaheim, California (Executive Suites Motel). Conditional Use Permit No. 3928 authorizing a 45-unit motel on the property located at 420 South Beach Boulevard, Anaheim, California (Best Budget Motel). Variance No. 1229 authorizing a 70-unit motel on the property located at 823 South Beach Boulevard, Anaheim, California (Covered Wagon Motel). (hereinafter collectively referred to as the "Existing Entitlements"); and WHEREAS, the stated purpose of such Occupancy Limitation was as expressly stated in each of said Existing Entitlements; and WHEREAS, upon further review, the City Council has determined that such occupancy limitation is no longer necessary as a means to accomplish the stated purpose for which such limitation was originally imposed; and WHEREAS, the City Council desires, as a City-wide policy determination, to rescind any such Occupancy Limitation heretofore imposed, including any such limitation currently contained in any of the Existing Entitlements; and WHEREAS, the City Council further desires to prohibit the imposition of such Occupancy Limitation as a required condition of any future zoning entitlement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim as follows: Section 1. That any Occupancy Limitation heretofore imposed in any conditional use permit, zone variance, or other permit or entitlement which is otherwise currently in effect, including any such Occupancy Limitation contained in any of the Existing Entitlements, is hereby rescinded and of no further force and effect. The Planning Commission is hereby directed to initiate such amendments to the Existing Entitlements as may be necessary to conform the Existing Entitlements to the provisions of this resolution. Section 2. follows: That new Council Policy No. 550 be, and the same is hereby adopted, to read as "It is the policy of the City Council that no zoning entitlement for any hotel or motel shall be approved, and no existing zoning entitlement for any hotel or motel shall be amended, in any manner which would require the owner or operator of such hotel or motel to limit the length of occupancy of any guest therein to any specific period of time. Nothing contained herein shall be deemed to prohibit any limitation on the term of any zoning entitlement. The term 'zoning entitlement' as used herein shall mean any zoning reclassification, conditional use permit, zone variance, administrative adjustment, or other discretionary entitlement approved by the City Council, City Planning Commission or Zoning Administrator pursuant to any provision of the Anaheim Zoning Code." THE FOREGOING RESOLUTION is her/O/by adopted ~t~proved by the City Council of the City of Anaheim this 25th day of MAYOR OF THE CITY OF ANAHEIM ATTEST: CItY CLERK t~F THI~ CITY OF ANAHEIM 48584.1 2 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. 2003R-61 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 25th day of March, 2003, by the following vote of the members thereof: AYES: NOES: ABSTAINED: ABSENT: MAYOR/COUNCIL MEMBERS: Chavez, Hemandez, McCracken, Pringle, Tait MAYOR/COUNCIL MEMBERS: None MAYOR/COUNCIL MEMBERS: None MAYOR/COUNCIL MEMBERS: None G~TY CLERK dF THE CITY OF ANAHEIM (SEAL)