Resolution-PC 2003-66•
RESOLUTION NO. PC2003-66
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
AMENDING CERTAIN CONDITIONS OF APPROVAL OF
RESOLUTION NO. 235, SERIES 1959-60, AS AMENDED,
ADOPTED IN CONNECTION WITH
VARIANCE NO. 1229
WHEREAS, on April 18, 1960, the Anaheim City Planning Commission did, by its
Resolution No. 235, Series 1959-60, grant Variance No. 1229 to construct and operate a 70-unit motel
and coffee shop at 823 South Beach Boulevard in the RS-A-43,000 (Residential/Agricultural) Zone; and
WHEREAS, on April 6, 1982, the Anaheim City Council adopted Ordinance No. 4320 in
connection with Reclassification No. 80-81-32 to rezone the property to the CL (Commercial, Limited)
Zone; and
WHEREAS, on July 21, 1997, the Planning Commission did, by its Resolution No. PC97-
89, amend Resolution No. 235, Series 1959-60, to amend the conditions of approval, in their entirety,
including new Condition No. 3(that guest rooms shall not be rented for periods of less than 12
consecutive hours nor more than 30 consecutive days) and new Condition No. 13 (that the Variance
would terminated in one year on July 21, 1998); and
WHEREAS, on November 17, 1998, the City Council did, by its Resolution No. 98R-249,
further amenct Resolutiar~ No. 235, Se~ies 195~C4, as Rreviousay amended, to reins~ate the VariaFlCe and
amend the conditions, in their entirety, including Condition No. 13 (that the Variance would terminated in
one year on November 17, 1999); and
WHEREAS, or~ February 1, 2000, the Planning Commission did, by its Resolution No.
2000R-19, amend Resolution No. 235, Series 1959-60, as previously amended, to reinstate the use and
to amend the conditions of approval, including amending Condition No. 3(that guest rooms shall not be
rented for periods of less than 12 consecutive hours nor more than 30 consecutive days within any 90
day period) and Condition No. 13 (that the Variance would terminate in one year on February 1, 2001),
and adding new Condition Nos. 21 through 23; and
WHEREAS, on July 25, 2000, the City Council did, by its Resolution No. 2000R-150,
further amend Resolution No. 235, Series 1959-60, as previously amended, to amend the conditions of
approval including the following:
2. That the property owner shall pay the cost of random Code Enforcement Division
inspections totaling twelve (12) during this one (1) year reinstatement period, as
often as necessary thereafter, as deemed necessary by the City's Code
Enforcement Division, to gain and/or maintain compliance with State and loca!
statures, ordinances, laws and/or regulations.
3. That appliances for the heating and preparation of food shall not be permitted in the
guest rooms.
4. That smoke alarms in the guest rooms shall be hard-wired (rather than battery
operated), and shall thereafter be operable and maintained in good working order at
all times.
18. 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 (1 } manager's unit,
subject to the following:
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(a) Existing guests who have occupied a unit on the premises for a continuous
period over thirty (30) days and are occupants on May 22, 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."
WHEREAS, on March 25, 2003, the City Council did, by its Resolution No. 2003R-61,
adopt 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 entitfement; and
that subject Variance No. 1229 is specifically identified as one of those entitlements; and
WHEREAS, the subject property is developed with a 70-unit motel (Covered Wagon Motel)
at 823 South Beach Boulevard; that the zoning is CL (Commercial, Limited); and that the General Plan
land use designation is General Commercial; and
WHEREAS, this is a City-initiated request to amend or delete certain conditions of approval
pertaining to the operation of the existing motel; and
WHEREAS, the City Planr~ing Commission did hold a public hearing at the Civic Center in
the City of Anaheim on May 5, 2003, 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 proposed modification to the conditions of approval, including the imposition of any
additional conditions thereto, is reasonably necessary to protect the public peace, health, safety or
general welfare, or necessary to permit reasonable operation of the motel under the Variance as granted.
2. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director or his
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 amend Resolution No. 235, Series 1959-60, adopted in connection with Variance No. 1229 and as
amended by Resolution Nos. PC97-89, 98R-249, 2000R-19 and 2000R-150, to amend the conditions of
approval, in their entirety, to read as follows:
That this variance shall terminate on July 25, 2005.
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That the property owner shall be responsible for paying the cost of random Code Enforcement
inspections (not to exceed twice a year) to ensure compliance with these Conditions of Approval
and with all applicable state and local statutes, ordinances, laws and regulations.
3. That cooking facilities may be included in the guesf rooms provided that such facilities sha{I be
hard-wired (microwaves excepted) and shall comply with all applicable building codes, including
provisions for proper venting. No portable hot plates or similar cooking devices shall be permitted
in the guest rooms.
4. That all guest rooms shall be equipped with properly operating hard-wired (not battery operated}
smoke alarms.
5. That the trash storage area(s) shall be maintained to comply with approved plans on file with the
Maintenance Department, Streets and Sanitation Division.
6. That licensed uniformed security guards in such number (not to exceed two (2}), as required and
approved by the Anaheim Police Department, shalf be provided upon the premises specifically to
provide security and to discourage vandalism, trespassing and/or loitering upon or adjacent to the
subject property.
7. That the owner/manager shall maintain a complete guest registry or guest card system which
includes the full name, address, and verified driver's license or legal identification and vehicle
registration number of all registered guests, date of registration, and room rate; and which guest
registry or guest card system shall be made available upon demand by any police officer, code
enfQrcement ofFicer, or IiceRSe inspector of ~he Gt~y of Anak~eim duri~g-~easonable busine~ss ho~rs.
8. That guest rooms shall not be rented or let for periods of less than twelve (12) consecutive hours.
9. That every occupied guest room shall be provided with daily maid service.
10. That the owner and/or management shall not knowingly rent or let any guest room to a known
prostitute for the purposes of pandering, soliciting or engaging in the act of prostitution; or to any
person for the purposes of selling, buying, or otherwise dealing, manufacturing or ingesting an
illegal drug or controlled substance, or for the purpose of committing a criminal or immoral act.
11. That no guest room shall be rented or let to any person under eighteen (18) years of age, as
verified by a valid driver's license or other legal identification.
12. That all available room rates shall be prominently displayed in a conspicuous place within the office
area; and that the property owner and/or motel management shall comply with the provisions of
Section 4.09.010 (Changing Posted Rates) of the Anaheim Municipal Code pertaining to the
posting of room rates.
13. That the property owner and/or motel management shall comply with the provisions of Section
2.12.020 (Operator's collection duties) of the Anaheim Municipal Code pertaining to the operator's
collection duties of transient occupancy taxes.
14. That within sixty (60) days from the date of this resolution, this property and these buildings and
accessory structures shall be brought into compliance with the applicable statutes, ordinances, laws
or regufations 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.
15. That the on-site landscaping shall be refurbished as necessary, permanently irrigated and
maintained, including the regular removal of trash or debris, and removal of graffiti within twenty
four (24) hours from the time of occurrence.
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16. That a statement shall be printed on the face of the guest registration card, to be completed by the
guest when registering, advising that the register is open to inspection by the Anaheim Police
Department or other Anaheim personnel for law enforcement purposes.
17. That no guest room(s} shall be rented or let to any person unless compliance is determined by the
appropriate division or department 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 Plumbir-g Code, National Electric Code, and Uniform
Mechanical Code.
18. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed,
damaged, diseased and/or dies.
19. That any new signage, beyond that legally existing on the date of this Resolution shall be submitted
to the Planning Commission for review and approval as a'Reports and Recommendations' item.
20. That the approval of this application constitutes approval of the proposed request only to the extent
that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and
Federal regulations. Approval does not include any action or findings as to compliance or approval
of the request regarding any other ordinance, regulation or requirement.
21. That no pay telephones shall be located outside the building.
22. ~hat ~ro vendFng maehines shall-be vFSible from ~he public right-of-way.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
May 5, 2003.
CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
IOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim City Planning Commission, do hereby
certify that the foregoing resofution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on May 5, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, KOOS, ROMERO, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: EASTMAN
IN WITNESS WHEREOF, I have hereunto set my hand this ~ 3~~ day of
CZ , 2003.
,
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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