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Resolution-PC 97-56~ ~ RESOLUTION N0. PC9i'-56 A RESOLU710N OF THE ANAHEIM CITY PLANNING COMAAISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 392.9 ~t GAA'AfTEQ WH~REAS, the Anahefm City Planning Comrralssfaro did roceive a verifled Petition for Co~dft~nal Use Pe~rnft 3928 for certain real properry situated in the City of Anaheim, Counry of Orange, State of Califomia, described as: THE WEST HAL~' L7F THE SOUTHWE5T (]UARTER OF THE SOUI'HWEST QUARTER OF TFiE NORTHWES~' CiUARTER OF SECTION 13, IN T~OWNSHIP 4 SOUTH, RANGE 11 WEST, SAN BERhARDINO BASE AND MERIDIAN, 1N TF•~E CITI" OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALJFflRNIA. EXCEPT THEREFROM 7HE S~JUTH 528 FEEI'. ALSO EXCEPT THEREFROM THE WEST 92 FE~T THEREOF. i WHEREAS, the City Planning Commission did hdd a publfc hearing at the CNic Center in ihe Ciry of Anahelm on April 28, 1997 at 1:30 p.m., notice of said public hear(ng having been duiy given as required by law and in accordance wfth the prov(sions of the Rnaheim Muntcipal Cude, Chapter 18.03, to hear and conskier evidence for and against sai~ proposed condftionai use permft and to investigate and make findings and recommendations in connection therewfth; and that said putaic hearing was continued to the May 12, 1997 Planning Commiss(an meet(ng; and WHEREAS, said Commission, after due inspectfon, irnest(gation and study made by itselt and in its behaff, and after due constderat(on oF all evidence and roports offered at said hearing, does flnd and determine the Fdlowing facts: 1. That the proposed use is properly one for which a condftional use pem'ilt is authorized by Anahefm Munfcipal Code Sectton 18.44.050.160 to retain an existing 45-unit motel. 2. That subJect motel was established !n connection with Variance No. 761 (to erect an 18- unft motel, approved (n 195'~, Conditional Use PermR No. 1936 (to expand a motet with wafver of maximum structural height, approved 1579), and Cc~ndftfonal Use Permft No. 2751 (to construct an 18-unit addition to a 27-unit motel, approved 1986); and that on February 22, 1995, Planning Commission modifled the above entitlemerrts by add(ng conditions of approval destgned to reduce the excessive calls for police seniice at th(s motel and to abate Code violations which had resulted in the determinatfon that thfs property constftuted a pubifc nuisance as defined in Section 6.44.010 (Nuisances) of the Anaheim Municipal Code; and that one of the new condftfons of approval stated that all of the above entitlements would termfnate on October 17, 1996; 3. That the proposed use is properly one for which a coriditiotial use permft is autho~ized by the Zon(ng Code; 4. That the proposed use, as condftioned, will not adversely affect ihe ad(ofning lar~d uses and ths growth and development of the area (n which ft is proposad to be located; CR2907PLWP -1- PC;97-56 ~y~y, ~ ~, That the size and shapa of the sfte for the proposed use is adequate to ailow the full development of the proposed use in a manner not cletrimerdal to the pa~ticular area nor to the peace, health, safary and general weffare; f,, That the traf~c g~~erated by the proposed use will not impose an undus burden upon the streets and highways designed and improved to carry the traffic in the area because the continued use oi this existfng motei operatior. wili not tncrea3e existing trafflc levels in the area; 7. That the ~raming of the condftional use permft, under the condftions imposed, will not he detrimental to the peace, heafth, safety and general welfare of the cftizens of [he City of Anaheim because the business owner has demonstrated proper manaAement pract(ees to ensure compatibilfty of th(s motei wfth the surrounding commercial and residential land uses; and g: That no one indicated thelr presence at said public hea~ing in oppasition; and that no correspondence was recelved fn oppositlon to the suhject petftinn. CAUFORNIA ENVIRQNMENTh,L ~U~4UTY ACT FINDING: The Pianning Dlrector's authorized representaYrve has determins~ that the proposed proJect fa~~s wrthin the deflnftion of CategorEcal Exemptlons, Class 21, as defined in the State EIR Guldelines and is, therefore, categorically exempt from the requirement to prepare an EIR. NOW, THEREFO'RE, Bc IT RESOWED that the Anaheim Ciry Planning Commission does hereby grent subject Petition for Condit~o--al Use Pemnft, u~n the fdlowing conditions which are hereby found to be a necessary prerequisfte to the proposed use of the subJect property in order to preserve the safery and general welfare of the Cftize~s of the Ciry of Anaheim: 1. That a minimum of six (6), mfnkmum fifteen (15) gailQn sized, trees shall be planted in the westerly plan~er adjacent to Beach Boulevard. Ex,sting mature trees rriay be courrted towards thls requirement. 2. That any tree or othor landscapi~9 planted on-sfte shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. 3. That a minimum of one (1) Iicensed un'rforme:i securfry ~uard. apprrnred by the Anaheim Pdlce Department, shall he providad on the premises speciilcal~y to provide securicy and to discourage vandalism, trespass and/or loftering upon or adjacent to the subJect property. Said security guard shall remain on~luty as determinecl to be appropriate by the Anaheim Pdfce Department. 4. That the owner/r.ianager shall mainta(n a complete guest registry or guest card system which includes the ful! name, address, and verified driver's Iicense or legal identffication and vehicle regfstration number of aN registereci gt~ests, date of regfstracie ~cer, code~eMor e ent offiicera or which shall be made available upon dema~xl bp any pol license inspect~r of the Ciry of Anahsim during reasonable business hours. 5. That guest rooms shall not be rented or let for pe~iods of less than iwelve (12) consecutive hours, nor more than thirty (30) consecutive days. Qne (1) ma~a9er's unit shall be permitted. 6. That every occupied gue~t rocro shall be provided with daily maid serv(ce. -2- PC97-56 ~ r¢ I ~. i~ Y. YF~at the owner and/or msnagemer~t shail nat knowingly rent or iet any guest room to a!!novm prostitute for the purpo~s ot pandering, solicking or engaging in the act of prostftution; or to any person for the purpose of ~elling, huying, or otherwise deaiing, manufacturfn~ or ingesti~g an tlle~al drug or .ontrolled substu~ice, or for the purpose of committing a criminal or fmmorai act. g. That no guest room shall be rented or Iei to asry person under eighteen (18) years of age, as veri~ed by a valid driver's Iicnnse or other leqal IdentHication. 9. That all available room rates shail be prominently displayeci in a conspicuous place wfthin the o~ice area, and that the prop~arty owner and/or motei management shall comply with the provisions oi Section 4.09.010 of the Anat:eim Municipal Coda pertaining to the posting ot room rates. 10. That the property owner ~nd/or motsl management shall comply with the provisions of Section 2.12.020 of the Anaheim Municipa! Code pertainfng to the operatoPs collectfora dutias of transient occupancy taxes. 11. 'fhat the landsca,ping shali bo permanently irrigated and maintained by providi~g regutar landscaping maintenance, reg~ular removal of trash or debris, and removal of graffitf wichin twenty four (24) hours from the time of occa~Rence. 12. That the property own~r shall pay the costs of Code EMorcemeM inspectians once ~each month for the first sbc (6) months from the date of thls resdutian, and ~s often as necessary therea~ter, as deemed necessary by Qhe Ciry's Code Enforcement Division, to gain and/or maintain compltance wfth State and lacal statutes, ordinances, laws and/or regulations. 13. That a statement shall be printed on the face of the guesi registration card, to be completed by the guest when register(ng, advising tha2 the register is open to inspection by the Anaheim Police Department or other Ciry of Anaheim personnet for law enforcement purposes. 14. That the petitioner shall apply for an Administraiive AdJustment ta permft the construct(on of an eight (8) foot h(gh block wall adjacent to the east property Ilne, to provide addftfonal scraening of the pool area frorn the adjacent single family residence. If the Administrative Adjustment is approveci, the required block wall shall be constructed wfthin sixry (GO) days affer the Zoning Administrator Dectsion approving the requesc. 15. That trash storage areas shall be refurblshed to the satisfactfon of the Publ(c Works Department, Streets and Sanitation Divts(on, to compfy with approved plans on Ble wfth said Department. 16. That signage for subJect faciliry shall be Ilmfted to that for which building permfts have previousiy been issuod and approved. Any additlonal stgnage shall be subJect to approval by the Planning Commission as a'Reports and Recommendations' ftem. 17. That Condition Nos. 1, 2, 14, 15, and 20 herein, shall be compteted wTthfn a pe~iod of th(rty (30) days from the date of this resdutfon. 18. That Condition Nos. 4, 5, 6, 7, 8, 9, 10 and 13, above-mentioned, shall be compfeted immediately. 19. That approval of this application constftutes approval of the proposed request only to tha extent that it complies wfth the Anaheim Mu~icipal Zonfng Code and any other appficable Ctry, utate and Federal regulations. Approval does not inducie any action or findings as to compllance ar approval of the request regarding any other applicable ordinance, regulation or requirement. -3- PC97-56 ~~: <~~i 20. That subJect praperry sh~ll ~~ieveloped as ~ror~ilUcned arid substarrtfeliy in accordance w~th plans and specifications labeled Exhibft Nns. i ittto~gh 6(sfte ~lan, el~vatAot~s, anci eight pho~tograprs) arxl which exhibits are on flie veRh the Planning Departmant. 21. That subJect use parmft ls hereby ~pproved for a period of 4hi~ty (30) months, to expire on Nuvember yz, ~sss. BE 17 FURTH'~A, RESOLVED YitiaY the Anafielm City Planning Commissiors does hereby 4ind and determfne that adoptfon of this Resolution ~S expressiy predicated upon applica~'t's compliance wfth oach and all of ti~e condktons hareinabove set fo~th. Shou6d any such condition, or am,r par4 thereof, be declared inva9kl or unenforceabie by the Hnal ~udgment of any cou~i of competent jvrisdiciiAn, then this Resol~tion, and any appr~vals herein coniained, shail be deemed nuli and void, THE 'FORE.ra01NG ~tESOIt.~TION wes a+doptod af the Planr~~tn~g Commission meetinfl ~of May t2, 7997. ( ]a p=~'~."'~ LJ~Ii CH~URPERSON ANAHEIM CI PLRNNING COMNISSION ATTEST: ,^ . SECAEfARY, AN EIM CITY PLANNING COWIMISSION ~~ STA7E OF CALIFORNIA ) COUMY OF ONANGE ) ss. CITY OF ANAHEIM 1 I, Margarita Solorio, Secretary of the Anahefm City Plann(ng Commfssion, do hereby certtfy that the foregoing resotution was passed and adopted at a mesting of the Anaheim City Plannir.g Commission held on May 12, 1997, by the foilowing vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, 80YDSTUN, BRISTOL, FlE~f~11NGER, MESSE, PERAZA NOES: COM4~AISSIONERS: NONE ABSENT: ~OMMISSIONERS: MAYER IN IMTNESS WHEREOF, I have hereunto seY my hand th(s ~O~ day of _~~~, 1997. ~~ ~~~~~ ~U SECRETRRY, AN HEIM CITY PLANNIN:a COMNfiSSIO~f -4- PC97-,6