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Resolution-PC 2001-4~ RESOLUTION NO. PC2001-4 ~ A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DENYING REINSTATEMENT OF CONDITIONAL USE PERMIT NO. 1043 CUP Tracking No. 2001-04264 WHEREAS, on September 3, 1968, the City Council adopted Resolution No. 68R-540 to grant Conditional Use Permit No. 1043 to establish a 129-unit, three-story motel at 2748 West Lincoln Avenue with waiver of the maximum building height limitation within 150 feet of a single-family residential zone boundary; and WHEREAS, on November 22, 1999, the Planning Commission considered revocation or modification of this conditional use permit at the request of the Code Enforcement Division and the Police Department; that the Commission adopted Resolution No. PC99-203 to add certain conditions of approval including a length of stay limitation and a time limit permitting the use for another six months to expire on May 22, 2000; that the petitioner appealed Commission's decision pertaining to the length of stay limitation and on January 25, 2000, the City Council adopted Resolution No. 2000R-15 upholding Commission's decision and approving the use permit to expire on July 25, 2000; and that on March 7, 2000, the City Council denied the petitioner's request for rehearing; and WHEREAS, on March 21, 2000, the Ciry Council directed staff to schedule initiation of a public hearing before the Planning Commission to determine compliance with conditions of approval and Eo eonsider modifying tk~e eoFldi~ion- s incla~di~g the 30-day in 90-day occupancy Iimitation; and-that said action was one of a number of recommendations formulated for City Council consideration by the Motel Task Force; and that on May 22, 2000, Commission adopted Resolution No. PC2000-58 reinstating and approving this use permit to expire January 15, 2001, and amending the conditions of approval; and WHEREAS, this property is developed with a 117-unit, 3-story motel (Lincoln Inn) in the CL (Commercial, Limited) zone; that the Anaheim General Plan Land Use Element Map designates this property for General Commercial land uses; and that the property is located within the West Anaheim Commercial Corridors Redevelopment Area and Community Planning Area No. 3; and WHEREAS, the petitioner requests reinstatement of this use permit by the modification or deletion of the condition of approval pertaining to the time limitation to retain the existing motel. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 17, 2001, at 1:30 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 18.03, 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 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 following facts: 1. That the use proposed to be reinstated is properly one for which a conditional use permit is authorized by the Zoning Code. CR4988PK.doc -1- PC2001-4 ~ ~ 2. That the request for reinstatement of Conditional lJse Permit No. 1043 to retain an existing 117-unit motel is hereby denied on the basis that said use permit has not been exercised in conformance with all the conditions and stipulations originally approved by the City Council; and that since initial revocation proceedings in 1999, and as evidenced by the memorandums submitted by the Code Enforcement Division and Anaheim Police Department, this motel continues to operate in violation of the conditions of approval and in a manner detrimental to surrounding land uses; and that this property has been a source of a disproportionately high number of calls for service by the Police Department, has been used for long-term occupancies and substandard apartments, has created unsafe and dangerous living conditions and caused overcrowded housing conditions, has had a negative impact on local public schools, and has been a threat to the public health, safety and welfare of the citizens of Anaheim; and that this property has been operating in violation of the conditions of approval previously-approved by the City Council and Planning Commission at numerous public hearings held since November 1999. 3. That reinstating this use permit would adversely affect the adjoining land uses and the growth and development of the area in which it is located. 4. That reinstating Conditionaf Use Permit No. 1043 would be detrimental to the peace, health, safety and general welfare of the Citizens of the City of Anaheim. 5. That 24 people spoke in support of the request at the public hearing and that one letter in support was received. ~ :~ 6. That one person spoke in opposition to the request at the public hearing and that two letters of opposition were received. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Class 1, as defined in the State of California Environmental Impact Report (EIR) Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby deny subject Petition for Reinstatement of Conditional Use Permit No. 1043, on the basis of the aforementioned findings. THE FOREGOING RESOLUTION was adopted„~t the Planning Commission meeting of January 17, 2001. ~~,~ „ CHAIRPEReS,~~, ANAHEIM CITY PLANNING COMMISSION ATTEST: . Q`c>'Zg,s~/ SECRETARY, ANAHEIM CITY PLANNING COMMISSION -2- PC2001-4 ~ ~ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Osbelia Edmundson, Secretary of the Anaheim City 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 17, 2001, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ~ IN WITNESS WHEREOF, I have hereunto set my hand this ~ 3 day of , 2001. ~..r~%xv 1~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2001-4