Resolution-PC 2003-67~
RESOLUTION NO. PC2003-67
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
AMENDING CERTAIN CONDITIONS OF APPROVAL OF
RESOLUTION NO. PC97-56, AS AMENDED BY RESOLUTION NO. 2000R-106,
ADOPTED IN CONNECTION WITH
CONDITIONAL USE PERMIT NO. 3928
WHEREAS, on May 12, 1997, the Anaheim City Planning Commission did, by its Resolution
No. PC97-56, grant Conditional Use Permit No. 3928 to retain an existing 45-unit motel at 420 South Beach
Boulevard; and that said Resolution includes the following conditions of approval:
5. That guest rooms shall not be rented or let for periods of less than twelve (12)
consecutive hours, nor more than thirty (30) consecutive days. One (1) manager's unit
shall be permitted.
21. That subject use permit is hereby approved for a period of thirty (30) months, to expire
on November 12, 1999.
WHEREAS, on June 13, 2000, the Anaheim City Council did, by its Resolution No. 2000R-
106, reinstate this Conditional Use Permit and amend the conditions of approval, including adding new
Condition Nos. 22 through 30 and amending Condition Nos. 5 and 21 to read as follows:
5. That guest rooms shall not be rented, Iet, or occupied by any individual for more than
thirty (3Q) days within any rrinety (90j day period, excluding one (1)-rrianager'sarrit,
subject to the following:
(a) Existing guests who have occupied a unit on the premises for a continuous period
over thirty (30) days and are occupants or~ 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.
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 entitlement; and that subject
Conditional Use Permit No. 3928 is specifically identified as one of those entitlements; and
WHEREAS, the subject property is developed with a 45-unit motel (Best Budget Motel) at 420
South Beach Boulevard; that the zoning is CL (Commercial, Limited}; and that the General Plan tand use
designation is General Commercial; and
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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 Planning Commission did hold a pubfic 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 Municipat 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 motef under the Conditional Use Permit 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, categoricalfy exempt from the requirement to prepare an EIR.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby amend Resolution No. PC97-56, adopted in connection with Conditional Use Permit No. 3928 and
amended by Resolution No. 2000R-106, to amer~d the conditions of approval, in their entirety, to read as
follows:
1. That this Conditional Use Permit shall expire on June 13, 2005.
2. That a minimum of six (6), minimum fifteen (15) gallon sized, trees shal! be maintained in the westerly
planter adjacent to Beach Boulevard.
3. That any tree or other landscaping planted on-site shall be replaced in a timely manner in the event that
it is removed, damaged, diseased and/or dies.
4. That the landscaping shall be shall be permanently irrigated and maintained through the provision of
regular landscaping maintenance, regular removal of trash or debris, and removal of graffiti within
twenty four (24) hours from the time of occurrence.
5. That a minimum of one (1) licensed uniformed guard, approved by the Anaheim Police Department,
shall be provided on the premises specifically to provide security and to discourage vandalism, trespass
and/or loitering upon or adjacent to the subject property. Said security guard shall remain on-duty as
determined to be appropriate by the Anaheim Police Department.
6. That the owner/manager shall maintain a complete guest registry or guest card system which includes
the full name, address, and veri~ed driver's license or legal identification and vehicle registration
number of all registered guests, date of registration, length of stay and room rate; and which guest
registry or guest card system shall be made available upon demand by any police officer, code
enforcement officer, or license inspector of the City of Anaheim during reasonable business hours.
7. That every occupied guest room shall be provided with daily maid service.
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8. 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 criminaf or immoral act.
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.
10. 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.
11. 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 regarding transient occupancy taxes.
12. 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.
13. 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.
14. That the petitioner shall obtain building permits to construct an eight (8) foot high block wall adjacent to
the east property line, to provide additional screening of the pool area from the adjacent single-family
residence.
15. That trash storage area(s) shall be maintained to the satisfaction of the Public Works Department,
Streets and Sanitation Division, to comply with approved plans on file with said Deparfinent.
16. That three (3) foot high address numbers shall be displayed and maintained 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.
17. That signage for subject facility shall be limited to that for which permits have previously been issued
and approved by the City. Any additional signage shall be subject to approval by the Planning
Commission as a'Reports and Recommendations' item.
18. That subject property shall be developed as conditioned and substantially in accordance with plans and
specifications labeled Exhibit Nos. 1 through 6(site plan, elevations, and eight photographs), which
exhibits are on file with the Planning Department.
19. That cooking facilities may be included in the guest rooms provided that such facilities are hard-wired
(microwaves excepted) and 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.
20. That all guest rooms shall be equipped with properly operating hard-wired (not baftery operated) smoke
alarms.
21. That guests vacating the premises shall be required to remove all personal belongings from the guest
rooms.
22. That guest rooms shall not be rented or let for periods of fess than twelve (12} consecutive hours.
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23. That within a period of sixty (60) days from the date of this resolution, this property and these buildings
and accessory structures shatl 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 Fiousing Code, Uniform Fire Code, Uniform Pfumbing Code, National Electric Code, and
Uniform Mechanical Code, and permanently maintained thereafter in compliance with such statutes,
ordinances, laws or regulations.
24. That within a period of thirty (30) days from the date of this resolution, Condition No. 14, above-
mentioned, shall be completed.
25. 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 Plumbing Code, National Electric Code, and Uniform Mechanical
Code.
26. That the approvaf 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.
27. That no pay telephones shall be located outside the building.
28. That no vending machines shall be visible from the public right-of-way.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of May
5, 2003.
CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
SENIOR 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 hereb~
certify that the foregoing resolution 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 ~-J ~ day of
, 2003.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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