Resolution-PC 99-72RESOLUTION NO. PC99-72
A~:cSOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
AMENDING RESOLUTION NO. PC81-170
AND APPRnVING CONDITIONAL USE PERMIT NQ. 2231,
AND FOR A PERIOD OF S!X (6) MONTHS
WHEREAS, on August 10, 1981, the Anaheim City Planning Canmission adopted
Resolution No. PC81-170 to grant Conditional Use Permit No. 2331 and permit a 43-unit motel in the CL
"Commercial, Limited" zone with wa(ver of rnaximum structural height on property focated at 831 South
Beach Boulevard; and that the motel was reduced to 41-units in connection with revised plans; and
WHEREAS, this property is developed with a 41-unit, 2-story motel (Rainbow Inn) in the
CL zone; that the Anaheim General Plan designatas the property for General Commercial land uses; and
that the property is located in the West Anaheim Commercial Corridors Redevelopment Area; and
WHEREAS, this petition was advertised for pub{ic hearing as requested by the Planning
C~mmission on March 29, 1999, based on a city-initiated (Code Enforcement Division and Police
Department) request to consider revocation or modification of Conditi~nal Use Permit No. 2231; and
WHEREAS, the City Planning Commission cid hoid a public hearing at the Civic Center in
the City of Anaheim on May 10, 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 that the hearing was caitinued from
the April 26, 1999 meeting; and
WHEREAS, said Commission, after due inspection, investigation ard 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 Sec!ion 18.03.092 of the Anaheim Municipal Code provides for the
modification or termination of conditional use permits based upon on one or more of seven criteria; ~nd
that the criteria in the following three subsections appiy to this property:
18.03.092.040. That the permit or variance granted is being, or recently has been, exercised
contrary to the term ot conditions of such approval, or in violation of any statute, ordinance, law or
regulation; and
18.03.G92.050. That the use or variance for which the approval was granted has been so exercised
as to be detrimental to the public health or safety, or so as +o constitute a nuisance; and
18.03.092.060. That any such mudification, including the imposition of any additional conditions
theretu, is reasonably necessa~~ to protect the public psace, health, safety or general welfare, or
necessary to permit reasonable opera2ion under the conditional use permit or variance zs granted.
2. That Conditional Use Permit No. 2231 is currently, and over a period of several
years has been, exercised in violation of the Anaheim Municipai Code, as documented by the Code
Enforcement Division, and in violation of law, as documented by the Police Department (Subsection
18.03.092.040).
3. That Conditional Use Permit No. 2231 has been exercised so es to be detrimental
to the public health or safety, or so as to constitute a nuisance bssed on the information provided in
paragraFhs 8, 9, 10 and 11 of this report and is a contributing factor to blight in the surrounding area
(Subsection 18.03.097_.050).
CR3623PK.DOC -1- PC99-72
4. That modification of this conditional use permit, including the imposition of
additional conditions thereto, is reasonably necessary to protect the public peace, health, safety or general
welfare (Subsection 18.03.092.060).
5. That one person indicated their presence at the public hearing in favor of revocation
or modification of this conditional use permit, that no one indicated their presence in opposition, and that
no correspondence was received either ir. favor or in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING; The Pianning Director's
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, therefare, categoricaily exempt from the requirei ient to prepare an EIR.
NOW, THEREFOP,E, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby amend the conditions of approval of Resolution No. PC81-170, in their entirety as adopted in
connection with Conditional Use Perm~t No. 2231, as follows:
1. That a minimum of one (1) licensed uniformed security guard, approved by the Anaheim Police
Department, shall be provided upon the premises at ali times to specifically provide security, and to
discourage vandalism, trespassing and/or loitering upon or adjacent to ths subject property.
2. That the owner/manager shali maintain a complete guest registry or guest card system which includes
the full name, address, and verified driver's license or legal identification and vehicie registration
number of all registered guests, date of registration, length of stay, and room rate; and that said
registry or guest card system shall be made available upon demand by any police officer, code
enforcement o~cer, or license inspector of the City of Anaheim during reasonable business hours.
3. 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 one
(1) manager's unit.
4. That every occupied guest room shall be provided with daily maid service.
5. That the owner and/or management shall not knowingly rent or let any guest room to a known
prostitute for the purposes of pandering, soliciting or engaging in the act ar prostitution, or to any
person for the purpose of seiling, buying, or otherwise dealing, manufacturing or ingesting an illegal
drug or controlled subs!ance; or for the purpose of committing a criminal or immoral act.
6. That no guest room shail 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.
7. That all available room rates shali be prominently displayed in a conspiuuous place within the office
area, 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.
8. 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 of transient
occupancy taxes.
9. That this property and these buildings and accessory structures shall be brought into compliance with
the statutes, ordinar.ces, laws or regulations of the State of California, as adopted by the City of
Anaheim, inciuding the Uniforr,: 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.
CR3623PK.DOC -2- PC99-72
10. That on-site landscaping shall be refurbished and permanently irrigated and maintained, including
regular removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of
occurrence.
11. 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, or as deemed necFssary by the City's Code Enforcement
Division to gain and/or maintain compliance with State and loual statutes, ordinances, laws or
regulations.
12. That a statement shail be printed on the face of the 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.
13. That no guest room(s) shall be rented •;r 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 Plumbing Code, National Electric Code, and Uniform Mechanical
Code.
14. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed,
damaged, diseased and/~r dead.
15. That the property owner shall submit a letter to the Zoning Division requesting termination of Variance
No. 2338 (to permit a medical office building with waiver of minimum setback, required six foot high
block wall, required tree screening and maximum permitted building height).
16. That the existing six (6) foot high masonry wall adjacent to the west property line shall be maintained
in good condition and that the landscaped buffer area between this wall and the building shall consist
of groundcover and trees and shall remain enclosed with a six (6) foot high chainlink fence with gates
to disco~rage prowlers in accordance with the originai aoproval of this conditional use permit. That
this area shall be cleared of all debris and dead landscaping materials, and shall be maintained in
good condition at all times.
17. That hot plates shall not be permitted in the guest rooms.
18. That smoke alarms in the guest rooms shall be hard-wired rather than battery operated and shall be
maintained in good working order at all times.
',9. 'i'hat the subject property shall be developed, as conditioned herein, and substantially in accordance
with plans and sp~cifcations submitted to the City of Anaheim by the petitioner in conjunction with the
approval of this conditional use permit, and which plans are on file with the Planning Department
marKed Exhibit Nos. 1 through 4, and as conditioned herein.
20. That Condition Nos. 1, 2, 3,1, 5, 6, 7, 8, 12, 13 and 17, above-mentioned, shall be complied with
immediately.
21. That within a period of two (2) months from the cJate of this resolution, Condition Nos. 9, 10, 15, 16, 18
and 19, above mentioned, shall be complied with.
22. That within a period of three (3) months from the date of this resolution, this conditional use permit
shall be reviewed by the Planning Commission as a"Reports and Recommendations" item, to
determine compliance with the conditiors of approval and with other City and State laws and
regulations.
CR3623PK.DOC -3- PC99-72
23. That a aublic hearing shall be scheduled six {6) months from the date of this resolution, on or about
November 10, 1999, to reconsider revocation or further modification of this conditional use permit.
24. That approval of this applicafion constitutes approval of the proposed request only to the extent that it
compiies with the Anaheim Municipal Zoning Code and any otY,er applicable City, State ard Federal
reyulations. Approval does not include any action or findings as to compliance or approval of the
request regarding any other applicable ordinance, regulation or reyuirement.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and datermine that adoption of this Resolution is expressly predicated upon a~~plicanPs compliance
with each and all of the canditions hereinabove set forth. Should any suc 'condition, or any part thereof,
be declared invalid or unenforceable by the final ju~gment of riy court of ompetentjurisdiction, then this
Resolu#ion, and any approvals herein contained, shall be de~med null ai~ void.
THE FOREGOING RESOLUTION ~vas~ado~ted a~ the~Plan fng Commission meeting of
May 10, 1999. \ r V i.
ATTEST:
~CItCJ~
SECRETARY, AHEIM CIIY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
IfVG COMMISS~ON
I, Margarita Solorio, Secretary of the Anaheim City Pianning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Pianning
Commission held on May 10, 1999, by the following vote of the members thereof:
AYES: COMPJIISSIONERS: BOSTWICK, BG~YDSTUN, BRISTOL, ESPING, KOOS, NAPOLES
NOES: COMMISSIO~FRS: NONE
ABSENT: COMMISSIONERS: ONE VACANT SEAT
IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of
~, 1999.
~1 Q/~~.~i,l~J ~e~a~
SECRETARY, A(~H~IM CITY PLANNING COMMISSION
CR3623PK.DOC ~}_ PC99_72