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2000-019RESOLUTION NO. 2000R-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 235, SERIES 1959-60, ADOPTED IN CONNECTION WITH VARIANCE NO. 1229, AS AMENDED, AND REINSTATING AND APPROVING THE USE FOR A PERIOD OF ONE YEAR ONLY, TO EXPIRE FEBRUARY 1, 2001. WHEREAS, on April 18, 1960, the Planning Commission adopted Resolution No. 235, Series 1959-60, approving Variance No. 1229 and permitting construction and operation of a 70-unit motel and coffee shop at 823 South Beach Boulevard; and WHEREAS, on July 21, 1997, the Planning 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 shall 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, to 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 Commercial land uses; and that the property is located within the West Anaheim Commercial Corridors Redevelopment Area and Conununity 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, all of the violations had been corrected. WHEREAS, the City Planning Commission did hold a public hearing on November 22, 1999, 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 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, adopted its Resolution No. PC99-202 amending Resolution No. 235, Series 1959-60, in connection with Variance No. 1229; and: WHEREAS, thereafter, within the time permitted by law, the property owner appealed said decision to the City Council; and WHEREAS, the City Council held a duly noticed public hearing on February 1, 2000, at which hearing the City Council did receive and consider evidence, both oral and documentary, relating to said request; and WHEREAS, after due inspection, investigation and study made by itself or on its behalf, and after due consideration of all evidence and reports offered at said public hearing, the City Council of the City of Anaheim does hereby find and determine as follows: 1. That the use, as reinstated for a period of one year, and subject to the conditions contained herein, 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 affect the adjoining land uses and the growth and development of the area in which it is 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 general welfare. 4. That the traffic generated by the use, as reinstated, will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 5. That reinstating the use, under the conditions imposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. WHEREAS, the City Council does further find and determine, based upon the evidence and reports presented and considered at said public hearing, that said motel use for which said variance 2 was granted has been so exercised as to be detrimental to the public health or safety, and that the modification of the existing conditions of said variance, and the imposition of the additional conditions, as hereinafter provided and described, including specifically the limitation on the period of occupancy permitted for any guests of the motel, are reasonably necessary to protect the public peace, health, safety or general welfare for the following reasons: 1. The existing motel facility was approved as a motel use not as an apartment house. 2. The existing motel facility was constructed in accordance with the standards and building codes applicable to motel facilities and not apartment houses. 3. Hotel and motel facilities are designed, intended and generally occupied by persons for short durations ranging from one day and usually not exceeding thirty days in length (hereinafter referred to sometimes as "short-term" occupancies). The required amenities, construction codes and zoning restrictions applicable to motels are designed to protect the public health, safety and welfare with regard to such short-term occupancies. 4. Apartment houses are designed, intended and generally occupied by persons for periods ranging from one month to unlimited duration (hereinafter referred to as "long-ter~' tenancies). The required amenities, construction codes and zoning restrictions for apartment houses are designed to protect the public health, safety and general welfare with regard to such long-term tenancies. 5. The existing motel facility was approved by the City of Anaheim under Variance No. 1229 as temporary guest rooms for sojourners and travelers needing temporary lodging while away from home and visiting the City of Anaheim and surrounding locales. Said motel facility was neither approved, intended nor authorized by the City as long-term housing for dwellers, or lodgings to be occupied predominantly by persons needing or seeking long-term residency. 6. The existing motel facility, as a temporary guest facility, fails to contain and provide the amenities required for, or generally provided in, apartment houses for long-term tenants, such as kitchens, stoves, sinks, garbage disposal units, yard areas and open space. 7. The existing motel facility has a history of being used, and is currently predominantly being used, for long-term tenancies. Requiring tenants to vacate the premises for one day per month, as is the property owner's current practice and requirement, does not effectively prevent the facility from being used primarily for long-term tenancies nor does such practice resolve or eliminate the health and safety problems and concerns associated with the use of such facility as a de facto apartment house as hereinafter described. 8. Allowing the existing motel facility to be used for long-term tenancies has resulted in, and, unless the conditions hereinafter set forth are imposed, will result in: (a) tenants improperly and illegally using the guest rooms for cooking purposes without the benefit of proper appliances and ventilation; (b) disconnection, deactivation or disabling of room smoke alarms due to unvented smoke from such cooking activities causing the activation of such alarms; (c) accumulation of grease on ceilings and walls due to cooking in unvented rooms thereby creating a fire hazard; (d) Lack of sufficient long-term living area in rooms which were designed and built as sleeping facilities for travelers rather than as dwelling units, and lack of yard areas and open spaces required or normally provided for tenants in apartment houses resulting in a high concentration of people in a small amount of space which, when combined with the long-term tenancies by a substantial number of the occupants, has resulted in a disproportionately high number of calls for police service and need for police protection at the motel facility; and (e) lack of yards and recreational areas for children which would be required for apartment houses; all of the above of which are detrimental to the public health, safety and general welfare of the occupants of such motel facility, to persons residing in the vicinity of such facility, and to the citizens and residents of the City of Anaheim. 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 IT RESOLVED that the City Council of the City of Anaheim does hereby amend Resolution No. 235, Series 1959-60, as adopted in connection with Variance No. 1229 and as 4 amended, does hereby reinstate said Variance No. 1229 for a 70- unit motel for a period of one (1) year until February 1, 2001; and BE IT FURTHER RESOLVED that the City Council of the City of Anaheim does hereby amend Condition Nos. 3, 11 and 13 of said resolution, as amended, to read as follows: "3. 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 four (4) employee units. Guests vacating the premises shall be required to remove all personal belongings from the guest room. 11. That the property owner shall pay the cost of random Code Enforcement Division inspections totaling twelve (12) during this one (1) year reinstatement period 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. 13. That this Variance shall terminate one (1) year from the date of this resolution, on February 1, 2001." BE IT FURTHER RESOLVED that the City Council of the City of Anaheim does hereby add the following conditions of approval: "21. That hot plates shall 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." BE IT FURTHER RESOLVED that the time within which rehearings must be sought is governed by the provisions of Section 1.12.100 of the Anaheim Municipal Code and the time within which judicial review of final decisions must be sought is governed by Section 1094.6 of the Code of Civil Procedure and Anaheim City Council Resolution No. 79R-524. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 1st day of February, 2000 ~A ·  HElM MAY ATTEST: CI THE CITY OF ANAHEIM 34497.1 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-19 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 1st day of February, 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 No. 2000R-19 on the 1 st day of February, 2000. Resolution IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this I st day of February, 2000. F ITY 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-19 was duly passed and adopted by the City Council of the City of Anaheim on February 1 st, 2000. FF~'7~" ANAHEIM