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Resolution-PC 96-15~ ~ RESOLUTION NO. PC96-15 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR MODIFICATION OF CONDITION lVO. 14 C~F RESOLUTION NO. PC95-78, ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 1978, BE DENIED WHEREAS, on May 21,1979 the Planning Commfsston adopted Resolution No. PC79-100 to approve Conditional Uso Permft No. 1978 (permitting a 23-unit motel with waivers of minimum required parking, maximum structural height, and minimum Iandscapec! setback ai 426 South Beach Boulevard); and that no further action was taken by the City Council. WHEREAS, on July 10, 1995 the Pla~ning Commission held a Fublic hearing to consider whether Conditional l;se Permft No. 1978 should be revoked or mod~ied based on the use befng exercised in a manner which may be detrimentai to the public health, peace, safety or weifare, or in such a manner as to constftute a publlc nuisance; and that Commission adopted Resolution No. PC95-78, amending Resolution No. PC79-100, based, in part, on a flnding that'modffication, Including the imposition of additional conditions of approval, (s reasonably necessary to protect the public peace, health, safety or general w~elfare° of the community; and that Condition No. 14 of said ResoluUon No. PC95-78 specffically states: "14. That Conditionat Use Permit No. 1978 shall expire sbc (6) months from the date of this resolut(on, on January 19, 1996.' WHEREAS, subject properry is developed wfth a one- and twastory 23-unit motel in the CL "Cemmercial, Limfted" Zone. `j WHEREAS, Sumanbhai N. Patei, property owner, submitted a letter, received January 3, 1996, requesting modffication of Condition Na. i4 of Resolutton No. PC85-78 to retain the 23-unft motel. ~ WHEREAS, on July 10, 1995 the Pianning Commission modffied Conditional Use Permit No. 1978 by adding 18 new condftions of approval (to be completed by September 9,1995) including, but not Iimfted to, the foilowing conditions wh(ch, as of the date of the February 5, 1996 Staff Report to the Planning , Commission, had not been fully complied with: "2. That the owner/manager shall maintain a complete guest registry or guest card system which includes the fuli name, address, date of b(rth, and ver~ied driver's license or legal identification and vehicle registration number of all registered guests, date of registratlon, length of stay, and room rate; and which shall bg made avaflable upon demand by any police o~cer, code enforcement officer, or lice~se inspector of the City of Anah~irr-. 3. That wfthin a period of thirty (30) days ftom the ~iate of this resolutfon, a statement shall be printec! on the face of the guest registration card to be completed by the guest when registering, advising that the register is open to inspec:ion by the Anaheim Police Department or other Ciry of Anaheim personnel for law e~oresment purposes. 4. That guest rooms shall not be rented or iet for periods of less than twelve (12) consecutive `':~ hours nor more than thirry (30) consecutlve days, excluding one (1) manager's u~it. 6. That every occupied guesi room shall be provided wfth daily maid service." CR2593DM.WP -i- PC96-15 ., ~ ;~ "9. That all availabie room rates shali be prominenUy displayed In a conspicuous place within the office or lobby area cleady visible to motel guests, and that the property owner and/or motel management shall comply with the provisions of Section 4.09.010 of the Anaheim Municipal Code pertaining to the posting of room rates." "11. That within a period of sixty (60) days ftom the date of this resolution, subJect property, buildings and accessory structures shall be brought frrto compllance with the statutss, ordinances, laws or regulations of the State of Calffomia, as adopted by the Cfry of Anaheim, Including the Uniform Buflding Code, Unfform Housing Code, Unfform Fire Code, Unfform Plumbing Code, National Electric Code and Unfform Mechanical Code, and permanenUy malntatned thereaner in complfance wfth such statutes, ordinan~es, Iaws or regulations.' WHEREAS, since the July 10,1995 public hearing, Code Enforcement has receNed one (1) cftizen- generated complaint regarding substandard housing conditions and irrvestigation resulted (n approximately 38 observed Code violations, includ(ng, but not Iimited to: Hazardous plumbing or plumbfng iixtures. Hazardous or exposed electrical wiring and/or fixtures. Deteriorated walls and/or ceilings. Faulty weather protection. Inadequate flre protectfon includfng defective smoke detectors 2nd/or flre exttnguisher. Properry ma(ntenance violations, including graffiti, excessive weed and/or rubbish. WHEREAS, although the recently imposed condft(ons of approval, ths regufar Code Enforcement/Police Department inspeations znd the 24-Fiour unHormed securtry guard service did result in an improvement in the overall condit(on and operation of the motel use, allowing the property owner fo self- manage the premises and the reduction of regular Code Enfoicement/Police Dopartment fnspections and securiry guard hours has resulted in an increase in substandard housing condftions and undosirable or criminal activRies on or irnme~ilately adjaceM to the premises; and, therefore',~ the subject use is, and continues to be exercised contrary to the terms or condftions of approval, or in v~alation of State or local statutes, ordinances, laws or regulat(ons (n that: 1. A detailed registration card systems is not befng matntained. 2. A statement is not provided on the face of the guest registration card ir~forming guests that registratfon is open for fnspection by law eMorcement officials. 3. Rooms are being rented or Iet to indiv(duals for periods in excess of thirty (30) consecutive days. 4. Daily maid service to occupied rooms is not being provided. 5. Room rates are not posted in lobby or office area. 6. Substandard housing condftions continue to exist in all guest rooms. WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all avidence and reports oNered at said hearing, does flnd and determ(ne the following facts: 1. That a public hearing was held xo determine wheti~er grounds exist to modify subJect condkional use permft, as requested, to retain the 23-unft motel; That the s~bject propert~, in fts present condition and/or operation, constkutes a public nuisance as deffned in Section 6.44.010 (Nuisances) of the Anahefm Municipal Code; and 3. That one person appeared at the public hearing in oppositfon to the proposal. -2- PC96-15 ~ ~ CALIFORNIA ENVIRONMENTAL OUALITY ACT FlNDING: That the Anaheim City Pfan~ing Commission has reviewed the proposal to modify a conditton of approval pertalning to the Ifmitation of ttme to retain a 23-unit motel; and does hereby find that the NegatNe Dedaratton prevfousiy approved in connection wfth Condfttonal Use Permit No. 1978 is adequate to serve as the requlred ernironmental documentation In connection with 4his request upon flndtng that the dedaratton reflects the independerrt judgement of the lead agency and that ft has considered the Negative Deciaration together wfth any comments received during the public review process and further flnding on the basis of the initial study and any comments received that there is no substantial evidence that the proJect will have a signfficant effisct on the environment. NOW THEREFORE BE IT RESOLVED that the Anaheim Planning Commfssion does hereby deny the request to amend Condit(on No. 14 of Resoltition No. PC79-100, as amended by Resolution No. PC95- 78, to retair~ the 23-unft motel. THE FOREGOING RESOLUTION was adopted at the Planning Commfssfon meetfng of January 8, 1996• y[~ ~ /!G AIFtWOMAN, ANAHEIM CITY NNING COMMISSION ATTEST: ~I C~2¢L~I~.~C~.~~~ SECR~ARY, AHEIM CIT.Y PLANN{NG COMMISSION • STATE OF CAUFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Margarita Solorio, Secretary of the Anaheim Ciry 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 8, 1996, by the following vote of th~ members thereof: AYES: COMMISSIONERS: BOS'fWICK, BOYDSTUN, BRISTQL, HENNINGER, P!AYER, MESSE, PERAZ4, NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NbNE IN WITNESS WHEREOF, I have hereunto set my han~ this ~~ day of _ n/1 ~, , sss. ~ (}~,/!.1 ~LIJ ~A'1.(b :SECRETARY, AHEIM CITY PLANNING COMMISSION -3- PC96-15