Resolution-PC 99-202~ESOLUTION N0. PC99-202
A RESOLUTION ~F ~HE ANAHEIM CI'IY PLAIV~JlNG COMMISSION
AMENDING RESOLU7!0~' N0. 235, SERIES 1959-60,
ADOPTED IN CONNEC`~ION WITH VARIANC:E i30. 1229, AS AMENDED,
AND REINSTATING AND APPROVING THE USE
FOR A PERIOD OF ONE (1) YEAR UNTIL NOVEMBER 22, 2000
WHEREAS, on April 18, 1960, the Planning Commission adopted Resolution No. 235,
Series 1959-60, to approve Variance No. 1229 and permit construction and operation of a 70-unit motel
and coffee shop at 823 South Beach Boulevard; and
WHEREAS, on July 21, 1997, the Pianning Commission adopted Resolution No. PC97-
89 to amend said Resolution No. 235, Series 1959-60, and impose new conditions including Condition
No. 13 which specified that the variance would terminate on July 21, 1998; and
WHEREAS, on November 17, 1998, the City Council adopted Resolution No. 98R-249 to
further amend Resolution No. 235, Series 1959-60, as amended, !o reinstate Variance No. 1229 and
impose new conditions including permitting the use until November 17, 1999; and
WHEREAS, the property is developed with a 70-unit motel (Covered Wagon Motel) in the
CL (Commercial, Limited) zone; that the Anaheim General Plan Land Use Element designates the
property for General Commerciai land uses; and that the property is located within the West Anaheim
Commercial Corridors RedevelopmentArea and Community Planning Area No. 1; and
WHEREAS, the petitioner has requested reinstatement of this variance, pursuant to
Section 18.03.093 of the Anaheim Municipal Code, and amendment of Condition No. 13 which permits
the use until November 17, 1999, in order to retain the existing 70-unit motel; and
WHEREAS, on November 12, 1999, staff inspected the property to determine the current
condition of the facility and to determine compliance with the conditions of approval; that the inspection
revealed minor violations and notice of violation letters were mailed to the property owners which allowed
30 days for corrections; and that when re-inspected, ail of the violations had been corrected.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on November 22, 1999, at 1:30 p.m., notice of said public hearing having been
duly given as required by iaw and in accordance with the provisions of the Anaheim Municipal Code,
Chapter 18.03, to hear and consider evidence for and against said proposed variance 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 the use, as reinstated for a period of one year, is properly one for which a use permit
is authorized by the Zoning Code.
2. That the use, as reinstated for a period of one year, will not adversely affer,t the adjoining
land uses and the growth and deveiopment of the area in which it fs located.
3. That the size and shape of the site for the use, as reinstated, is adequate to allow full
development of the use in a manner not detrimental to the particular area nor to the peace, health, safety
and generai welfare.
CR3818PK.DOC -1- PC99-202
4. That the tra~c ~~enerated by the use, -es reinstated, will not impose an undue burden upon
the streets and highways designed and improved to ::arry the traffic in the area.
5. That reinstating the use, under the conditions imposed, will not bc detrimental to the
peace, health, safety and general welfare of the citizens of the City of Anaheim.
6. That since revocation of this variance was considered in 1997, the Code Enforcement
Division has determined that SubstanUal improvement have been made to the property and that all
previous Code violations have been corrected.
7. That the Anaheim Police Department concurs with this reinstatement because of the
decrease in ~umber of calls since 1996.
8. That reinstatemeni of the use, including the imposition of additional conditions, is
reasonably necessary to protect the public peace, health, safety or general welfare.
9. That reinstatemeni is necessary for the preservation and enjoyment of a substanGal
property right possessed by other property in the same viciniry and zone, and denied ta the prcperty in
question.
10. That reinstatement will not be materialiy detrimental to the public weifare nor inJurio~~s to
the property or ~mprovements in the viciniry and zone in which the property is located.
11. That two people indicated their presence at the public hearing in favor of the proposed
reinstatement; that no one indicated their presence in opposition; and that no correspondence was
received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director or his
authorized representative has determined that the proposed project falls within the definition of
Categorical Exemptions, Class 21, as defined in the State of California Environmental Impact Report
("EIR") Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR.
NOW, THEREFORE, BE 17 RESOLVED that the Anaheim City Planning Commission
does hereby amend Resolution No. 235, Series 1959-60, as adopted in connection with Variance No.
1229 and as amended, to reinstate the 70-unit motel for one (1) year until November 22, 2000; and
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereb;
amend Condition Nos. 3, 11 and 13 of said resotution, as amended, to read as follows:
3. That guest rooms shall not be rented, let, or occupied by any individual for periods
of Iess than twelve (12) consecutive hours, nor shail guest rooms tie rented, let, or
occupied by any individ~al for more than thirty (30) days within any nin~ry (90) day
period excluding four (4) employee units. Guests vacating ;he premises shall be
required to remove all personal belongings from the gues! room.
11. That the praperty owner shall pay the cost of random Code Enforcement Division
inspections totaling twelve (12) during this one (1) year refnstatement period and
as often as necessary thereafter until the subject Froperty is brought into
compliance, or as deemed necessary by the City's Code Enforcement Division to
gain and/or maintain compliance with State and local statutes, ordinances, laws or
regulations.
13. That this Variance shall terminate one (1) year from the date of this resolution, on
November 22, 2000.
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BE IT FURTHER RESOLVED that the Anaheim Ciry Planning Commission does hereby
add the foliowing conditions af approval:
21. That ho: plates shali not be permitted in the guest rooms.
22. That within a period of sixty (60) days from the date of this resolution, smoke
alarms shall be hard-wired (rather than battery operated) in the guest rooms, and
shall thereafter be maintained in good working order at all times.
23. That within a period of sixty (60) days from the date of this resolution, the trash
storage areas shall be refurbished to comply with approved plans on file with the
Maintenance Department, Street and Sanitation Division.
THE FOREGOIN~ RESOLUTION was adopted at the Planning Commission meeting of
November 22, 1999.
.~ ~~~ GG~I,
CHAIRPERSON, ANAHEIM CI PLANNING COMMISSION
ATTEST:
C~./ „C
JO"nK~
SECRETARY, AN EIM 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 ad~pted at a meeting of the Anaheim Ciry Planning
Commission held on November 22, 1999, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, Y.OOS, NAPOLES,
VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto sst my hand this _ UU ", day of
.~~' 1999.
'Q.~ S~~
SEC ETARY NAHEIM CITY PLANNING COMMISSI~JN
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