Resolution-PC 99-192RESOLUTION N0. PC99-192
A RESOLUTION OF THE ANAHEIM CIN PLANNING COMMISSION
AMENDING RESOLUTION NO. PC83-134, ADOPTED IN CONNECTION WITH
CONDITIONAL USE PERMIT NO. 2469,
TO PERMIT A 95-UNIT MOTEL WITH A MANAGER'S UNIT AND AN ACCESSORY RESTAURANT
WHEREAS, on August 8, 1983, Resolution No. PC83-134 was adopted by the Anaheim
City Planning Commission to approve Conditional Use Permit No. 2469, in part, and permit a 119-unit
motel with an accessory restaurant with sale of alcoholic beverages for on-premises consumption and
with waivers of maximum structural height, minimum front landscaped setback and minimum landscaped
setback adjacent to a residential zone boundary (all of the waivers which were deleted); that on October
3, 1983, the Commission approved revised plans for a 3-story, 107-unit motel with the accessory
restaurant; and that a 91-unit motei with a restaurant was constructed at this location; and
WHEREAS, this property is developed with a 91-unit motel with an accessory restaurant
(Brookhurst Plaza Inn) located at 711 and 733 South Brookhurst Avenue in the CL (Commercial, Limited);
that the Anaheim General Plan Land Use Element Map designates this property for Generat Commercial
land uses; and that the property is also located within the Brookhurst Commercial Corridor Project
Overlay Zone; and
WHEREAS, the petitioner has requested approvai of revised plans to renovate a motel
with accessory restaurant, including expanding the molel from 91 to 95 units and with waivers of
minimum number of parking spaces and minimum required landscaped areas adjacent to an interior site
boundary line abutting a residential zone; and
WHEREAS, the City Pianning Commission did hold a pubiic hearing at the Civic Center
i~ the City of Anaheim on November 8, 1999 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 Municipal Code, Chapter
18.03, to hear and consider evidence for and against said proposed conditional use permit and to
investigate and make findings and recommendations in connection therewith; and
WHEREAS, the petitioner requests approval of revised exhibits in order to remodel an
existing 91-unit motel with an accessory restaurant with sale of alcoholic beverages for on-premises
consumption, inciuding the addition of four suites (three 1-bedroom units and one 2-bedroom unit), a
manager's unit and renovation of the existing restaurant, and with waivers of the following:
(a) Sections 18.06.050.024.0241 - Minimum number of parkinq soaces.
and 18.44.066.050 (159 saaces required; 124 saaces proposed and concurred
with by the Ciry Tra~c Engineer)
(b) Section 18.44.063.040 - Reauired landscape areas adiacent to an interior site
boundarv line abuttina a residential zone.
12 feet required; none to 10 feet existing)
WHEREAS, said Commission, after due inspection, investigation and study made by
itself and in its behaif, and after due consideration of ail evidence and reports offered at said hearing,
does find and determine the following facts:
1. That the use, as proposed to be modified, is properiy one for which a conditional use
permit is authorized by Zoning Code.
2. That waiver (a) pertaining to minimum number of parking spaces is hereby approved on
the basis that the City Tra~c Engineer has determined that the parking supply is adequate for the
remodeled motel and accessory restaurant.
CR3800PK.DOC -1- Pr99-192
3. That the parking waiver, under the conditions imposed, wiil not cause fewer off-street
pa~ king spaces to be provided for such use than the number of such spaces necessary to accommodate
all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation
of such use.
4. That the parking waiver, under the conditions imposed, will not increase the demand and
competition for parking spaces upon the public streets in the immediate vicinity of the proposed use.
5. That the parking waiver, under the conditions ir,~posed, will not increase the demand and
competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed
use (which property is not expressly provided as parking for such use under an agreement in compliance
with Section 18.06.010.020 of th~s Code).
6. That the parking waiver, under the conditions imposed, will not increase tra~c congestion
within the off-street parking areas or lots provided far such use.
7. That the parking waiver, under the conditions imposed, will not impede vehicular ingress
to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed
use.
8. That waiver (b) pertaining to required landscape areas adjacent to an interior site
boundary line abutting a residential zone is hereby be denied on the basis that it was deleted following
pubiic not~fication.
9. That the proposed remodeling of the motel will not adversely affect the adjoininy land
uses and the growth and development of the area in which it is located because it will be developed
within the context of the original approval of a 107-unit motel complex and will not be located any closer
to neighboring single-family residences.
10. That the size and shape of the site for the modified use is adequate to allow the fuil
development of the proposed use in a manner not detrimental to the particular area nor to the peace,
health, safety and general weifare.
11. That the tra~c generated by the use, as modified, will not impose an undue burden upon
the streets and higFiways designed and improved to carry the traffic in the area.
12. That amending this conditional use permit, under the conditions imposed, will not be
detrimentai to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
13. That one person representing West Anaheim Neighborhood Development Council
(WAND) spoke in opposition to the proposai at the public hearing; and that no correspondence was
received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the requested revised plans to remodel an existing 91-unit motel with
an accessory restaurant with sale of alcoholic beverages for on-premises consumption, including the
addition of four suites (three 1-bedroom units and one 2-bedroom unit), a manager's unit and renovation
of the existing restaurant, and with waivers of minimum number of parking spaces and required
landscaped ~ireas adjacent to an interior site boundary~ line abutting a residential zone on a rectangularly-
shaped 1.73-acre property having a frontage of 198 feet on the west side of Brookhurst Street, a
maximum depth of 380 feet and being located 120 feet north of the centerline of Stonybrook Drive, and
further described as 711-733 South Brookhurst Street (Brookhurst Plaza Inn); and does hereby
determine that the Negative Declaration previousiy approved in connection with Conditional Use Permit
No. 2469 is aciequate to serve as the required environmental documentation for subject request upon
finding that the declaraticn rehects the independentjudgment of the lead agency and that it has
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considered the Negative Declaration together with any comments received during the public review
process and further finding on the basis of the initiai study and any comments received that there is no
substantial evidence that the project will have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that th2 Anaheim City Planning Commission
does hereby amend Resolution No. PC83-134, adopted in connection with Conditional Use Permit No.
2469, to approve revised plans permitting a 95-unit motel (91 units, three 1-bedroom suites and one 2-
bedroom suite) with a manager's unit and an accessory restaurant, and waiver of minimum number of
parking spaces; and
BE IT FURTHE~c RESOLVED that the proposed waiver of required landscape areas
adjacent to an interior site boundary line abutting a residential zone is denied; and
BE IT FURTHER RESOLVED that the conditions of approval contained in said resolution
are amended in their entirety to read as follows:
1. That trash storage areas shall be refurbished to the satisfaction of the Public Works Department,
Streets and Sanitation Division, to comply with approved plans on file with said Department.
2. That the property owner shail relocate the trash enclosure out of the setback area and shall paint the
existing trash enclosure gates. Said relocation shall be shown on plans submitted for Building
permits.
3. That the property shall be served with underground utilities in accordance with the Electrical rates,
rules and regulations (most current fees shall apply), and with the City of Anaheim Underground
Policy.
4. That the property owner shall provide City of Anaheim with a public utilities easement along/2cross
the property to be determined as electrical design is completed. Said easement shall be submitted
to the City of Anaheim prior to connection of electrical sPrvice.
5. That any required relocation of ~ity of Anaheim electrical facilities shall be at the
developers/property owner's expense.
6. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval
showing conformance with the most current versions of Engineering Standard Plan Nos. 436 and
602 pertaining to parking standards and driveway locations. Subject property shall thereupon be
developed and maintained in conformance with said plans.
7. That all driveways shall be reconstructed to accommodate ten (10) foot radius curb returns in
conformance with Engineering Depa~tmen: Standard No. 137.
8. That no required parking area shall be fenced or othervvise enclosed for storage or ather outdoor
uses.
9. That all air conditioning facilities and other roof and g~ound-mounted equipment shall be properly
shielded from view and the sound buffered from adja~ent rESidential properties. Furthermore, no air
conditioning units and/or ventilation grilis shall be placed on the east and south building elevations
where such units may be visible to the public on Brookhurst Street. Such information shall be
specifically shown on the plans submitted for building permits.
10. That three (3) foot high address numbers shall be displayed on the roof in a color which contrasts
with the roof material. The numbe~s shall not be visible to the view from the street or adjacent
properties.
11. That the developedproperty owner shall pay the Sewer Capacity Mitigation Fee for the South
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Brookhurst Corridor Area.
12. That the restaurant shall be operated as a"bona fide public eating place" as defined by Section
23038 of the California Business and Professions Code.
13. That there shall be no bar or lounge maintained on the property unless licensed by the Alcoholic
Beverage Control Department and approved by the City of Anaheim.
14. That food service with a full meal shall be available from opening time until eitiier 2:00 a.m. or
closing time, whichever occurs first, on each day of the restauranYs operation.
15 That there shall be no pool tables maintained upon the restaurant premises at any time.
16. That subject alcoholic beverage license shall not be exchanged for a"public premises" (bar) type
license nor shall the establishment be operated as a pubiic premise as defined in Section 23039 of
the California Business and Profe~sions Code.
17. That the sale of alcoholic beverages at the restaurant shall not exceed forty percent (40%) of the
gross sales of all retail sales during any three (3) month period. The applicant shall maintain records
on a quart~rly basis indicating the separate amounts of sales of alcoholic beverages and other
items. These records shall be made available, subject to audit and, when requested, inspection by
any City of Anaheim official during reasonable business hours.
18. That there shall be no live entertainment, amplified music or dancing permitted on the restaurant
premises at any time without issuance of proper permits as required by the Anaheim Municipai
Code.
19. That the sale of alceholic beverages for consumptien off the restaurant premises shall be prohibited.
20. That there shall be no exterior advertising of any kind or type, including advertising directed to the
exterior from within, promoting or indicating the availability of alcohol beverages at the restaurant,
with the exception of one (1) sign indicating "cocktails."
21. That the activities occurring in conjunction with the operation of this restaurant ~:,tiall not cause noise
disturbance to surrounding and nearby residential properties.
22. That sale, seroice and consumption of alcoholic beverages at the restaurant shall be permitted only
between the hours of 10 a.m. and midnight, daily.
23. That the parking lot serving the premises shall be equipped with lighting of sufficient power to
illuminate and make easily discernible the appearance and conduct of alI persons on or about the
parking lot. Said lighting shall be directed, positioned and shielded in such a manner so as not to
unreasonably illuminate the windows of ne~rby residences.
24. That the restaurant operator shall comply with Section 24200.5 of the Business and Professions
Code so as not to empioy or permit any persons to solicit or encourage others, directly or indirectly,
to buy them drinks in the licensed premises under any commission, percentage, salary, or other
profit-sharing plan, scheme or conspiracy.
25. That all doors serving subject restaurant shall conform to the requirements of the Uniform Fire Code
and shall be kept closed and unlocked at all times during hours of operation except for
ingress/egress, to permit deliveries and in cases of emergency.
26. That there shall be no public telephones on the premises located outside the building,
27. That the portion of this conditional use permit regarding the sale of aicoholic beverages shall expire
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one (1) year from the date of approvai unless a valid license has been issued by the California
Department of Alcoholic Beverage Control.
28. That the ownedmanager of the motel shall maintain a complete guest registry or guest card system
which includes the full name, address and verified driver's license or legal identification and vehicle
registration number of all registered guests, date of registration, length of stay, and room rete; and
that said registn,~ or guest card system shall be made availabie upon demand by any police officer,
code enforcement o~cer, or license inspector of the City of Anaheim during reasonable business
hours.
29. That guest rooms shall not be rented or let for periods of less than twelve (12) consecutive hours,
nor shall guest rooms be rented or let for periods of more than thirty (30) consecutive days,
excluding the one (1) manager's unit.
30. That every occupied guest room shall be provided with daily maid service.
31. That the owner and/or motel management shall not knowingiy 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 purpose of selling, buying, or otherwise dealing, manufacturing or ingesting an illegal
drug or controlled substance; or for the purpose of committing a criminal or immoral act.
32. 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.
33. That all available room rates shall be prominently displayed in a conspicuous place within the o~ce
area of the motel; 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.
34. That the property owner and/or motel management shall comply with the provisions of Section
2.12.020 of the Anaheim Municipal Code pertaining to the operator's collection duties regarding
transient occupancy taxes.
35. That this property and these buildings and accessory structures shall 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 Housing Code, Uniform Fire Code, Uniform
Plumbing Code, National Electric Code and Uniform Mechanical Code, and permanently maintained
thereafter in compliance with such statutes, ordinances, laws or regulations.
36. That on-site landscaping shall be refurbished and permanently irrigated and maintained, including
regular removal of trash or debris, and removal of gra~ti within twenty four (24) hours from time of
occurrence.
37. That a statement shall be printed on the face of the motel's 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 City of Anaheim personnel for law enforcement purposes
38. That no guest room(s) shall be rented or let to any person unless compliance is determined by the
appropriate division or department, with 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 Piumbing Code, National Electric Code, and Uniform Mechanical
Code.
39. That the property owner shall remove the existing freestanding pole sign and shali submit plans for a
comprehensive sign program to the Zoning Division for review and approval by the Planning
Commission as a"Reports and Recommendations" agenda item.
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40. That a landscaping plan for the entire site (including street trees listed in the Brookhurst Corridar
Design and Planning Recommendations Study) shail be submitted to the Zoning ~ivision of the
Planning Department specifying species, size and I~cation of existing and propo~ed refurbished
landscaping, including irrigation facilities, for review and approval of the Planninc,~ Commission as a
"Reports and Recommendations" item. The final landscaping plans shall ~nclude `.'ne planting of at
least ten (10), twenty four inch (24") box ~ized, trees within the landscaped area adjacent to
Brookhurst Street. Following approval, the landscaping shall be installed prior to final zoning
inspections and maintained in accordance with the plan.
41. That the hours of operation for the restaurant sha~l be from 6 a.m. to 2 a.m. daily.
42. That the locations for future above-ground utility devices including, but not limited to, electrical
transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown
on the plans submitted for building permits. Said plans shall also identify the specific screening
treatments of each d~vice (i.e., landscape screening, color of walls, materials, identifiers, access
points, etc.) and shall be subject to the review and approval by the appropriate ciry departments.
43. That final plans for the restaurant shall be submitted to the Zoning Division of the Planning
Department for review and approval by the Flanning Commission as a"Reports and
Recommendations" item; and that said plans shall specify all interior improvements, including any
proposed bar/cocktail areas, dance floors or other entertainment areas. Following approval, the
restaurant shall be developed in accordance with the aFproved floor plans.
44. That the property owner shall be responsible for installing street trees within the Brookhurst Street
right-of-way pursuant to the Brookhurst Commercial Corridor Overlay Zone requirements. Final
street tree selection shall be made in conjunction with the Community Development Department and
the Parks, Recreation and Community Services Department.
45. That trash storage areas shali be refurbished to the satisfaction of the Pubiic Works Department,
Streets and Sanitation Division, to comply with approved plans on file with said Depariment.
46. That subject property shall be developed substantially in accordance with plans and speciflcations
submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning
Department marked Revision No. 2 of Exhibit Nos. 1, 2 and 3, and as conditioned herein; provided,
however:
(a) That kitchen efficiency units may be installed in no more than twenty five percent (25%) of the
motel units, with a maximum of six (5) cubic foot refrigerators, two-burner stoves excluding
oven and baking facilities, and single compartment sinks, except that the manager's unit will be
allowed to have full kitchen facilities;
(b) That aluminum louvered privacy screens shall be placed on all third-story windows;
(c) That aluminum louvered privacy screens shall also be placed on all second-story windows if it
is determined that there is visual intrusion from subject motel to the adjacent residents' yards
and homes from said second-story windows;
(d) That an eight (8) foot high aluminum louvered privacy screen shall enclose the sundeck area;
and
(e) That the westerly stairway shall be enclosed to insure the privacy of the homeowners to the
west.
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.~
47. That prior to issuance of a building permit, or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition Nos. 2, 4, 6, 9, 11, 40, 42 and 43, above-mentioned,
shall be complied with. Extensions for further time to c~mplete said conditions may be granted in
accordance with Section 18.03.090 of the Anaheim Municipal Code.
48. That prior to final building and zoning inspections, Condition Nos. 1, 3, 7, 10, 23, 25, 35, 36, 39, 44,
45 and 46, above-mentioned, shali be complied with.
49. That approval of this application constitutes approvai 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 applicable ordinance, regulation or requirement.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance
with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof,
be declared inralid or unenforceable by the final judgment of any court of competentjurisdiction, then this
Resolution, and any approvals herein contained, shail be deemed null and void.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
November 8, 1999.
~
CH ERSON RO TEMPORE,
AN IM CITY PLANNING COMMISSION
Al'fEST:
t
SEC ETAR ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE . ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission heid on November 8, 1999, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE .
ABSENT: COMMISSIONERS: BOYDSTUN
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
, 1999. . .
4~~R~'
SE RETA , ANAHEIM CITY PLANNING COMMISSION
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