Resolution-PC 99-203RESOLUTION NO. PC99-203
A RESQLUTION OF THE ANAHE;•VI CITY PLANNING COMMISSION
AMENDING CERTAIN CONnITIONS OF APPROVAL OF
RESOLUTION NO. 68R-540, ADOPTEQ IN CONNECTION WITH
CONDITOIIJAL USE PERMIT NO. 1043, AND PERMITTING THE USE UNTIL MAY 22, 2000
WHEREAS, on September 3, 1968, Resolution No. 68R-540 was adopted by City Council
to grant Conditional Use Permit No. 1043 and permit a 129-unit, 3-story motel at 2748 West Lincoln
Avenue with waiver of ttie maximum building height limitation within 150 feet of a single-family residential
zone boundary; and
WHEREAS, this property is developed with a 129-unit, 3-story motel (Seville Inn) in the CL
(Commercial, Limited) zone; that the Anaheim General Plan Land Use Element des~gnates the property
for General Commercial Iand uses; and that the property is located within the West Anahe?m Commercial
Corridors Redevelopment Area and within the West Anaheim Community Planning Area; and
WHEREAS, at the October 11, 1999 Planning Commission meeting, the Commission
initiated proceedings to revoke or modif}^ Conditional Use Permit No. 1043 under the authority of Code
Section 18.03.092 and based on the wrilten and verbal testimony of staff from the Code Enforcement
Division and the Police Department regarding numerous code violations and police calls for service; and
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 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 amendment and to investigate and
make findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigatiqn and study made by itself
and in its behalf, and after due consideration of all evidence and reports offe~ed a4-said hearing, does find
and determine the following facts: ~ . ~•
1. That Conditional Use Permit No. 1043 is currently being exercised, and has over a period
of several years been exercised, in violation of the Anaheim Municipal Code as documented by the
Code Enforcement Division and in vioiation of the law as documented by the Police Departreient
(subsection 18.03.092.040). .
2. That Conditional Use Permit No. 1043 has been exercised so as to be detrimental to the
public health or safety, and so as io constitute a nuisance based on the information provided in
paragraphs 14, 15, 16 and 17 of the November 22, 1999 Staff Report to the Plannin~~ Commission and
the attachments thereto and, therefore, contributes to blight in the surrounding area (:;ubsection
18.03.092.050).
3. That the modification of this condikionai use permit, consisting of the imposition of additional
conditions thereto, is reasonably necessary to protect the public peace, health, safety and/or ga^pral
weifare (subsection 18.03.092.060).
4. That three oeople indicated their presence at the pubiia hearing in opposition to the
proposed revocation or modification of this conditional use permit; and that no correspondence was
received in opposition to the proposal.
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CALIFORNfA ENVIRCNMENTAL QUALITY ACT FINDING: The Planning Diractors
authorized representative has determined that the proposal falis within the definition of Categoricai
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.
NOV1l, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commissiori does
hereby add the following new conditions of approval to Resolution No. 68R-540, adopted in connection
with Conditional Use Permit N~. 1043, to read as follows:
E. That this property and these buildings and accessory structures shall be brought into compliance
with the applicable statutes, ordinances, laws and/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 shall be permanently maintained thereafter in compliance with such statutes,
ordinances, laws and/or regulations.
9. That a minimum of two (2) licensed uniformed security guards, approved by the Anaheim Police
Department, shall be provided upon the premises at all times specifically to provide security and
to discourage vandalism, trespassing and/or loitering upon or adjacent to the subject property.
10. That the ownedmanager 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 rate;
and that said information shall be made available upon dema~d by any police officer, code
enforcement officer or iicense inspector of the City of Ariaheim during reasonable business hours.
11. That guest rooms shall not be rented, let, or occupied by any individual for periods of less than
itin;elve (12) consecutive hours, nor shall guest rooms be rented, let, or occupied by any individual
for more than thirty (30) days within any ninety (90) day period excluding one (1) manager's unit.
Guests vacating the premises shall be required ta remove all personal belongirgs from the guest
room.
12. That every occupied guest room shall be provided with daily maid service.
13. That the owner and/or mana~ement shall not knowingly rent or let any guest room to a known
prostitute for the purposes of pandering, soliciting or engaging in the act of prostitution, or 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.
14. 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.
15. That all available room rates shall be prominently displayed in a conspicuous place within the
office area, and tha; the property owner and/or motel management shall comFly with the
provisions of Sectio~ 4.09.010 of the Anaheim Municipal Code pertaining to the posting of room
rates.
16. That the property owner and/or motei management shall comply with the provisions of Section
2.12.020 of the Anaheim Municipal Code pertaining to the operator's duties regarding collection
of transient occupancy taxes.
17. That the on-site landscaping shali be ref~~rbished and permanQntly irrigated and maintained,
including regular removal of trash or debris, and that gra~ti shall be removed within twenty four
CR3817PK.DOC -2- PC99-203
(24) hours from time of occurrence.
18. That the property owner shall pay the cost of Code Enforcement Division inspections once each
month for six (6) months from the date of this resolution, and as often as necessary thereafter
until the subject property is brought into compliance with this resolution, or as often as deemed
necessary by the City's Code Enforcement Division to gain and/or maintain compliance with State
and local statutes, ordinances, laws and/or regulations.
19. That a statement shall be printed on the face of the guest registration card to be completed by the
guest when registering, advising that the register is open for inspection by the Anaheim Police
Department or other City of Anaheim personnel for law enforcement purposes.
20. That no guest room(s) shall be rented or let to any person unless compliance is determined by
the appropriate City of Anaheim division or department, with statutes, ordinances, laws and/or
regulations of the State of California, as zdopted by the City of Anaheim, including the Uniform
Buiiding Code, Uniform Housing Code, Uniform Fire Code, Uniform Plumbing Code, National
Efectric Code, and Uniform Mechanical Code.
21. That this conditional use permit shall expire six (6) months from the date of this resolution, on
May 22, 2000.
22. That the subject property shall be developed substantially in accordance with plans and
specifications submitted to the City of Anaheim by the petitioner in conjunction with the approval
of Conditional Use Permit No. 1043 and which plans are on file with the Planning Department
marked Exhibit Nos. 1 through 6, and as conditioned herein.
23. That Condition Nos. 9, 11 and 20, above-mentioned, shall be complied with immediately.
24. That within a period of two (2) months from the date of the resolution, Condition Nos. 8, 17, 19
and 22, above-mentioned, shall be complied with.
25. That within a period of three (3) months frorti the date of this resolution, this conditional use
permit shall be reviewed by the Planning Commission as a"Reports and Recommendations" for
compliance with the conditions of approval herein and with other City and State laws and
regulations.
26. That approval of this application constitutes approvai of the proposed request only to the extent
that it complies with the Anaheim Municipal Zoiiing 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~applicabie ordinance, regulation or requirement.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
November 22, 1999.
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CHAIRPERSON, ANAHEIM CItY PLANNING COMMISSION
ATTEST:
~
SECRE ARY, AHEIM CITY PLANNING COMMISSION
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~
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 held on November 22, 1999, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOS'iWICK, BOYDSTUN, BRISTOL, KOOS, NP,POLES,
VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: CCMMISSIONERS: NONE •
IN WITNESS WHEREOF, I have hereunto set my hand this,.(~ day of
_~,, 1999.
SECRET RY, A EIM CITY PLANNING COMMISSION
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