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Resolution-PC 98-117RESOLUTION NO ~C98-117 A RESOLUTION QF THE AhAHEIM CITY PLANNING COMMISSION DENYING REINSTATEMENT OF VARIANCE NO. 1229 WHEREAS, on April 18, 1960, the Planning Commiss?on adopted Resolution No. 235, Series 1959-60, to approve Variance No. 1299 perrnitting construction and operation of a 70-unit motel and coffee shop at 823 South Beach Boulevard; and WHEREAS, on July 21, 1997, the Commission adopted Resolution No. PC97-89 to amend Resolution No. 235, Series 1959-60, by imposing 18 new conditions, inciuding termination of this variance on July 21, 1998 (Condition No. 13); and WHEREAS, this property is developed with a 70-unit motel (Covered Wagon Motel) in the CL (Commercial, Limited) zone; that the Anaheim General Plan designates the property for General Commercial land uses; and that the property is located in the West Anaheim Commercial Corridor Redevelopment Area and in Community Planni~ig Area No. 1; and WHEREAS, the petitioner has requested, pursuant to Code Section 18.03.093 of the Anaheim Municipai Code, that this conditional use permit be reinstated by the modification or deletion of Condition No. 13, pertaining to the July 21, 1998, termination date, to retain lhe existing 70-unit m~tel; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 3, 1998, 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 Maheim 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 granting reinstatement of this variance would be materially detrimental to the public welfare, and injurious to the properties and improvements in the vicinity and the zone in which the property is located. 2. That the property owner has ~ot, compiied with the terms and conditions of Resolution No. PC97-89, specifically Condition Nos. 1(no security guards observed), 2{inadequate guest registry), 3 {long term residency), 4(no daily maid service), and 9 and 14 (numerous Code violations observed), adopted in conjunction with Variance No. 1229; and as discussed in the Staff Report to the Planning Compassion, dated August 3, 1998, Item No. 8. 3. That due to the condition of this property and lack oF diligent management of lhis motel, including ongoing Code~violations and law enforcement problems, the property has been maintained in a manner detrimental to the area and surrounding land uses. 4. That based upon Code Enforcement Division and Police Department records, which indicate numerous Code violations and higher than average calls for service, this use is being exercised in a manner which is detrimental to the public peace, health and safety and general welfare of the area. 5. That based upon testimony of. the Community Development Department, this use is being exercised in a manner wliich is io consfstent with the goals of the West Anaheim Commercfal Corridor Redevelopment Project Area. 6. That no one indicated their presence at the public hearing fn opposition; and that no correspondence was rer,eived in opposition to the subject proposal. CR3377FL.DOC -1- PC98-117 ~ CALIFORNIA ENVIRONMENTAL QUALIT' ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to reinstate fhis variance (to permit the continued operation of a 70-unit motel at 823 South Beach Boulevard (Covered Wagon Motel)) and does hereby deny the Negative Declaration ~pon finding that the Negative Declaration reflects the independent judgement of the lead agency and that it has considered the Negative Declaration together with any commenfs received during the public review process and further finding on the basis of the Initial Study and any comments received that there is substantial evidence that the project will have a signifiaant effect on the environment, including significant adverse environmental impacts such as noise, s~bstandard housing conditions, and hazards from Building, Electricai, Plumbing and Fire Code violations resulting from the continued substandard operation of this motel. • NOW, THEREFORE, BE IT RESOLVED that th nah ' i y~I~nning Commission does hereby deny the proposal to reinstate Variance No. 1Z29. ~~ THE FOREGOING August 3, 1998. AlTEST: \~~ SECRE ARY, A HEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) Commission meeting of PLANNING I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certi(y that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on a August 3, 1998, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, NAPOLES, PERAZA NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: WILLIAMS VACANCY: ONE SEAT VACANT ~~~ IN WITNESS WHEREOF, I have hereunto set my hand this ,1~ day of ~, 1998. ~ l~o ~ SECRETAFtY, ANAvEIM CITY PLRNNING COMMISSION -2- PC98-117