99-156RESOLUTION N0. 99R-156
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING AN AMENDMENT TO CERTAIN
CONDITIONS OF APPROVAL IN CONDITIONAL USE
PERMIT N0. 2231 AND AMENDING RESOLUTION NO.
PC81-170.
WHEREAS, on August 10, 1981, the Anaheim City Planning
Commission 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 waiver of maximum structural height on property
located 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 designates 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 public hearing
as requested by the Planning Commission on March 29, 1999, based on
a city-initiated (Code Enforcement Division and Police Department)
request to consider revocation or modification of Conditional Use
Permit No. 2231; and
WHEREAS, the City Planning Commission did hold 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 continued from the April 26,
1999 meeting; 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, adopted its Resolution No. PC99-72 amending Conditional
Use Permit No. 2331 and Resolution No. PC81-170; and
WHEREAS, within the time permitted by law, the permit
holder appealed the decision of the Planning Commission to the City
Council as provided in Chapter 18.03 of the Anaheim Municipal Code;
and
WHEREAS, the City Council held a duly noticed public
hearing on July 13, 1999, at which hearing the City Council did
receive and consider evidence, both oral and documentary, relating
to said request; and
WHEREAS, on sound evidence, the City Council hereby finds
and determines as follows:
1. That the Section 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; and that the
criteria in the following three subsections apply to this property:
18.03.092.040. That the permit or variance granted is being,
or recently has been, exercised contrary to the term or
conditions of such approval, or in violation of any statute,
ordinance, law or regulation; and
18.03.092.050. 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 to constitute a nuisance;
and
18.03.092.060.That any such modification, including the
imposition of any additional conditions thereto, is reasonably
necessary to protect the public peace, health, safety or
general welfare, or necessary to permit reasonable operation
under the conditional use permit or variance as 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 Municipal 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 as to be detrimental to the public health or safety, or so as to
constitute a nuisance based on the information provided in
paragraphs 8, 9, 10 and 11 of this report and is a contributing
factor to blight in the surrounding area (Subsection
18.03.092.050).
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).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim that the conditions of approval of Resolution No.
PC81-170, as adopted in connection with Conditional Use Permit No.
2231., be, and the same are hereby, amended in their entirety to
read 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 to specifically provide security, and to
discourage vandalism, trespassing and/or loitering upon or adjacent
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to the subject property. Said licensed security guard shall be
present on the premises on Fridays, Saturdays and Sundays from
10:00 p.m, to 6:00 a.m. of the following morning.
2. That the owner/manager 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
registry or guest card system shall be made available upon demand
by any police officer, code enforcement officer, 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 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.
6. 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.
7. That all available room rates shall be prominently
displayed in a conspicuous 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,
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.
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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 necessary by the City's Code Enforcement Division to
gain and/or maintain compliance with State and local statutes,
ordinances, laws or regulations.
12. 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 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 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 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/or 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 discourage prowlers in accordance with the original approval 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
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working order at all times.
19. That the subject property shall be developed, as
conditioned herein, and substantially in accordance with plans and
specifications 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, 4, 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 date 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 conditions of approval and with
other City and State laws and regulations.
23. That a public 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 application constitutes approval 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, except as expressly amended
herein, Resolution No. PC81-170 shall remain in full force and
effect.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 13th day of July, 1999.
~ ~
YOR OF TH CITY OF ANAHEIM
Ph'~ T~iy
ATTEST:
ITY CLE K OF THE CITY OF ANAHEIM
31999.1
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 99R-156 was introduced and adopted at a regular meeting provided by law, of the
Anaheim City Council held on the 13th day of July 1999, by the following vote of the members
thereof:
AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait
NOES: MAYOR/COUNCIL MEMBERS: McCracken, Daly
ABSENT: MAYOR/COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No.99R-
156 on the 13th day of July, 1999.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 13th day of July, 1999.
G~ ~. ~~
~~ CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original of Resolution No. 99R-156 was duly passed and adopted by the City Council of the
City of Anaheim on July 13th 1999.
~'`~'/• CITY CLERK OF THE CITY OF ANAHEIM