Resolution-PC 97-89~ ~
RESOLUTION NO. PC97-89
A RESOLUTION OF TiiE ANAHEIM CITY PLANNING COMMISSION
AMENDING CERTAIN CONDITIO(vS OF APPROVAL OF
RESOLUTION N0. 235, SERIES 1950-60, ADOPTED IN CONNECT;ON WITH VARIANCE N0. 1229
WHEREAS, on April 18, 1960, the Planning Commission adopted Resolution No. 235, Series
1950-60, approving Variance No. 1299 to construct and operate a 70-unit motei and coffee shop at 623
South Beach Boulevard; and
WHEREAS, subject property is developed wfth a 7a-unit motel (Covered Wagon Motel) in the
CL (Commercial, Limited) zone;
WHEREAS, SYaff Reports to the Planning Commission dated Aprii 28 and July 21, 1~97, and
the attachments.thereto, summarize Anaheim Police Department and Code Enforcement Divfsion records
wh(ch indicate that this property has been a continual source of complaints and calls for service over the
past sever~l years, including that the Po!ice Department has received approxfmately 350 calls for service
at this motei and (n comparison, calls for service at 4 other motels in the i:nmedfate area ranged from 67
to 125 calls at sach location during the same time;
WHEREAS, between September 1996 and January 1997, Code Enforcement, Police and
Orange County Health Department representatives conducted 4 inspections of the property resulting in
approximately 200 verifiad Code vfolations lncluding business license or taxation violations such as improper
pos:ing uf room rates, property maintenance violations such as polluted pool water and unsafe pool
enclcsure, Buiiding Code violat(ons such as un-~ermiited construction, substandard housing condi:lons such
as hazardous exposed electrical wiring, unsan'dary conditions inciuding cockroach (nfestation and brok~n
windows, and inadequate ~re protection including defective smoke detectors and fire extinguishers;
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center In
the Cfty of Anaheirr on April 28, 1997, at 1:30 p.m., notice of said public hearing having been duly given
as required by law and in accordance with the prov(sions of the Anaheirr~ Municipal Ccxle, Chapter 18.03,
to hear and consfder evtd~nce for and against said proposed amendment and to investigate and make
find(ngs and recomrrerxlations in corn.iection therewith; and that tha hearfng was continued to the
Cor.~mission meeting of July 21, 1997; and
WhF.fiEAS, on April 28, 1997, Commission considered the revocrition or modlficatior, of this
varianca and Cendltlonal Use Permft No. 2199 (to permit a cocktali I~unge in an ex(sting rnotel wfth waiver
of mie~imum number of parking spaces) under the authority of Sections 18.03.091 and 18.03.092 of the
A^aheim Niunicfp~l Code; and that Commission terminated Conditional Use Permft No. 2199 and continued
thi~ :~arian.^.e to J~ly 21, 1997 to ailow tfine for the petftloner to resolve all pend(ng Code violations;
hereby flnd:
NOW, THER~FORE, BE IT RESOLVED that the Anaheim City Planning Commissfon does
(1) That Police Department testimony :ndicates that 27 calls for service occurred at this property since
the in?tiai revocation proceed(ngs occurred fn April 1997, which is a substantia! decrease in
comparison to the number of calls for 1996;
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(2) That Code Enforcement staff condu~t~ an inspection on July 9, 1997, and found tt~at signiBcant
improvement has beer~ made at the proFany since the last inspection in Jan~ary 1997; and that
certain existinfl pro~lems s~cPi as long-term residency, potential roof leaking, and fack of daily maid
service can be rectiFied wfth the imposition avad entorcem~snt of certain condftions;
(3) That the variance for whieh app~ova{ was oriqinally granted has been exercised so as to be
detr(mental to the public health a~d safety, and so as to constitute a nuisance;
(4) That modHication to thfs va~lanc~e, including the fmposRion of addiilonal condftions thereto, is
reasonably necss.ary Yo protect the publ(c pc3ace, health, safer~ and general welfare, and necessary
to permit reasonable opera4(on under the variance as originally granted; and
(5) That no one indicated thelr presence at tho pubifc hearing in opposition; and that no
correspondence was received in opposltion to the subject petition.
NOW THEREFORE BE IT FURTNER RESOLVED that the Anahe(m C'rty Planning Commission
does hereby aro~ec~d tha conditions of approval of Resoluti~n No. 235, Serles 1950-60, adopted ln
connection with Variance No. 1229, in thelr antirery to read as foliows:
1. That a maximum of two (2) licensed un'rformed securiry guards, approved by the Anaheim Police
Department, shail be provided u~n the premCses spocificalty to provide securiry and to discourage
vandalism, tr~spassing ~ind/or loitering ~pon or adJacent to the subJect property.
2. That the owner/manager sha11 maintain a complete guest registry or guest card system which
includes the full name, address, verffled driver's Iicense or legal identification and vehicie registration
number of all registered guests, date of reg~stration, length of stay, and room rates; and that said
regisiry or guesi card system shall be made avaiiable upon demand by any police officer, code
enforcement officer, or Iicense inspector of the Ctry of Anaheim during reasonable business hours.
3. That guest rooms shall not be rented or let for periods of less thar~ twe~va (12) cansecutive hours
r.or more than thirty (30) consecutNe days, excluding ~ne (i) manager's unit. Once a room has
been occupied for up to thirty (30) days by the same guest(s), ft must be vacated for a minimum
thirty (30) day period before the same individual or entity can occupy tha room again.
4. That every occupfed guest room shali be provided with daily maid service.
5. That the owner and/~x management shall not knowingly rent or let any guest room to a known
prostitute 4or the pur•r~ses of pandering, soliciting or engaging in the act of prostitution, or any
person for the purpose of selling, buying, or otherwise cfealing, manufacturing or ingest(ng an iilegal
drug or controlled substance; or for the purpose of committing a criminal or immoral act.
g. That no guest room shall be rented or let to any person under eighteen (18) years of age, as
verifled by a valfd dfirer's Iicense or other legal identffication.
7, That all available room rates shali be promfnenUy displayed in a consp(cuous place wRhin ihe office
area, and that the property owner anci/or motel mana~ement shall comply with the provls~ons of
Sectlon 4.09.010 of the Anaheim Municipai Code pertaining to the postlng of room rates.
g. That the property owner and/or motei management shafl comply with the prov!slons of Section
2.12.020 of the Anaheim Munic(pal Code pertaining to the operator's coliect(on dutias of transient
occupancy taxes.
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g, That within a per~od of sbcty (60) days from the date of this resolution, this praperty ar~d chese
buildings and accessouy structures shali be brought into compliance with the statutes, ~rdinances,
laws or regulsttons ~F the State of Calfiornia, as adopted by the CiN of Anahoim, inciuding the
Uniform Building Cod~, Ur~lform Housing Code, Uniform Fire Ccxie, Unifiom'~ Ricmbing Code,
Natior~al Electric Code, and Uniform Mechanlcal Code, and permanenUy maintained thera~fter in
compitance wfth such statucos, ordinances, ~aws or regt~latlons.
10. 7hat on-sfte landsraping shall be refurb(shad and permanently irrlgated and matntafned, including
regular removal of t~ash or debris, and removal of graffitf wRhin twenty four (24) hours ftAm time
of occunence.
11. That the properry owner shall pay the costs of C~:y Code E~orcement Q~vision inspections once
each month for sbc (6) months from the date of this resulution, and as often as necessarYtherCode
until the subJect property i~ b~ought into compliance, or as deemed necessary by
Enforcement DNision to gain and/ar maintaln compliance with State and local statutes, ordinances,
laws or regulations.
12. That a statemerrt s~all b~e printed on the face of the guest rogistratlon card to ba comp! ~ted by each
guest when registering, advising that the register !s open to inspectlon by the Anaheim Pollce
Departmant or other Cfty of Anaheim personnel for law enforcement purposes.
13. That this Var3ance shali term(nate one (1) year from the date oF this resolution, on J~ly 21, 1998.
14. That no guest room(s) shall be rent~d or let to any person unless compllance is determined by thQ
appropriate Ct:y division or depar4msnt, with statutes, ordinances, laws or requiations of the State
of Cal'rfornia, as adopted by the Cfry of A~ahelm, including the Unfform Building Code, Unfform
Housing Code, Unifom~ Fire Code, Unfform Plumbhig Code, National Electric Code, and Uniform
Mechanical Code.
15. That any iree plaMed on-site shail be replaced in a timely manner in the event that ft is removed,
damaged, diseased and/or dead.
16. Tfiat subject property shalf be developed and matntalned, as conditioned herein, substantlally in
accordance with plans and specfficatfons submitted to the C'ity of Anaheim by the petitioner in
canjunction with the original approva! of Vartanca No. 1229, arxl which plans are on file with the
Planning Department n,iarkeci Exhibft No. 1.
17. That Con~Jhion Nos. 1, 2, 3, 4, 5, 6, 7, 8, 10, 12 and 14, above-mentloned, shall be complfed wfth
immediately.
18. ~hat with~n a period of thirty (30) days firom the date of this ~esolution, the applicant shall deliver
to the PI2,nning Department a roof certiflcaticn, certifying that the roof does not leak and the roof's
IHe exp~~ancy.
19. That vrithin a period of sL•:ty (GO) days fr~m ihe date of this resolut(on, Condftion No. 9, above-
mentioned, shall be complied wfth.
20. ?hat approvai o( this appllcation constitutes approval of the proposed request only to the extent that
it ~omplies wfth the Anaheim Municipai Zoning Code and any other applicable Cfry, State and
Federat regulations. Approval dces not include any action or flndings as to compliance or approval
of the request regar~ing any other applicabie ordinance, regulatlon or requirement.
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'fHE FdRE~GqING RESGLUTIUN was adoptad at the Pianning Comm1ssion meeting of
July 21, 1997. ._ ~
~~ ,.G G ~.?,C _
CHF~~RPEFlS01~, ANA E1M ~ITY PIANMING COMMISS{~OFJ
ATTEST:
SECRFTARY, ANA El~d CITY PLANNINC COMMISSION
STATE OF CAIJF~RNIA )
COUNTY ~Jr ORANGE ) ss•
CiTY OF ANAHEIM )
f, Margartta Solorio, Secre2ary of the Anah~im Gity Planr~ing Commission, do hereby c~eftity
that the foregaing resdution was Pa~~ fol o nd~vote of the mernbers thPheofnaheim City Planning
Commission heid on July 21, 1997, bY 9
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, 6RISTOL, HENNINGER, AAAYEfl, PERAZA
PJ~ES: COMMISSIONERS: NONE
ABSEN'T: COMMISSiONERS: NQN~
A65TAINED: COMMISSi~N~RS: NAPnLES
, 1997.
IN W1TNE~S WHEREOF, I have hereunto set my hand this ~_ day of ~
SECRETARY, A HEIM CITY PLANNIfi1G COMMISSlOIV
~ PC97-89