2000-015RESOLUTION NO. 2000R-15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM APPROVING AN AMENDMENT TO CERTAIN
CONDITIONS OF APPROVAL OF CONDITIONAL USE
PERMIT NO. 1043, AND AMENDING RESOLUTION
NO. 68R-540, TO PERMIT THE USE AUTHORIZED
THEREBY TO CONTINUE UNTIL JULY 25, 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 the 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 designates the
property for General Commercial land uses; and that the property
is located within the West Anaheim 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 modify
Conditional Use Permit No. 1043 under the authority of Code Section
18.03,092 and based on the written 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,
investigation and study made by itself and in its behalf, and after
due consideration of all evidence and reports offered at said
hearing, did adopt its Resolution No. PC99-203 amending the
conditions of approval of said Conditional Use Permit No. 1043 and
providing that said permit would expire and the motel use permitted
thereby would be required to terminate six (6) months thereafter;
and
WHEREAS, within the time permitted by law, the property
did appeal the decision of the Planning Commission to the City
Council; and
WHEREAS, the City Council held a duly noticed public
hearing on January 25, 2000, at which hearing the City did receive
and consider evidence, both oral and documentary, relating to said
appeal; and
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 violation of the law as documented
by the Police Department (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
to constitute a nuisance based on the information provided in
paragraphs 14, 15, 16 and 17 of the November 22, 1999 Staff Report
to the Planning Commission and the attachments thereto and,
therefore, contributes to blight in the surrounding area
(subsection 18.03.092,050).
3. That the modification of this conditional use permit,
consisting of the imposition of additional conditions thereto, is
reasonably necessary to protect the public peace, health, safety
and/or general welfare (subsection 18.03.092.060).
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City
Council does hereby add the following new conditions of approval to
Resolution No. 68R-540, adopted in connection with Conditional Use
Permit No. 1043, to read as follows:
"8. 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 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
information 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.
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11. That guest rooms shall not be rented, let, or occupied by
any individual for periods of less than twelve (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 to remove all personal belongings from
the guest room.
12. That every occupied guest room shall be provided with
daily maid service.
13. 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
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 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.
16. 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 duties regarding
collection of transient occupancy taxes.
17. That the on-site landscaping shall be refurbished and
permanently irrigated and maintained, including regular removal of
trash or debris, and that graffiti shall be removed within twenty
four (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 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.
21. That this conditional use permit shall expire six (6)
months from the date of this resolution, on July 25, 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 from 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 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."
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 5th ay of January, 2000.
MAy~O~~FTHE51~~
E CITY O ANAHEIM
CITY CL~OF THE CITY OF ANAHEIM
34383.1
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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. 2000R-15 was introduced and adopted at a regular meeting provided by law, of the
Anaheim City Council held on the 25th day of January, 2000, by the following vote of the members
thereof:
AYES:
MAYOR/COUNCIL MEMBERS: Feldhaus, McCracken, Daly
NOES:
MAYOR/COUNCIL MEMBERS: Kring, Tait
ABSENT:
MAYOR/COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution
No. 2000R-15 on the 25th day of January, 2000.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 25th day of January, 2000.
CITY'~'E~RK 0~E 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. 2000R-15 was duly passed and adopted by the City Council of the
City of Anaheim on January 25th, 2000.
~.-, .. ,,,,.
THE CITY OF ANAHEIM