Loading...
2000-106RESOLUTION NO. 2~00R-106 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT APPLICATION NO. 2000-04193 REINSTATING MASTER CONDITIONAL USE PERMIT NO. 3928 FOR A PERIOD OF FIVE YEAR(S) TO EXPIRE JUNE 13, 2005, AND AMENDING CERTAIN CONDITIONS OF APPROVAL RELATING THERETO AS SET FORTH IN RESOLUTION NO. PC97-56. WHEREAS, in 1957 the Planning Commission approved Variance No. 761 to permit construction of an 18-unit motel at 420 South Beach Boulevard; and that in 1979 the Commission granted Conditional Use Permit No. 1936 to expand the existing motel with waiver of maximum structural height; and that in 1986 the Commission granted Conditional Use Permit No. 2751 to construct an 18-unit addition to the existing 27-unit motel; and WHEREAS, On February 22, 1995, the Commission modified the above entitlements by adding conditions of approval designed to reduce the excessive number of calls for police service at this motel and to abate Code violations which had resulted in the determination that this property constituted a public nuisance as defined in Section 6.44.010 (Nuisances) of the Anaheim Municipal Code; and that the conditions of approval were amended to add a time limitation for this motel, to expire on November 12, 1999; and WHEREAS, on May 12, 1997, Resolution No. PC97-56 was adopted by the Anaheim City Planning Commission to grant Conditional Use Permit No. 3928 to retain the existing 45-unit motel at 420 South Beach Boulevard; and that said resolution included 21 conditions of approval, including Condition No. 21 which specifies that the use is permitted for a period of 30 months and will expire on November 12, 1999; and WHEREAS, this property is developed with a two story 45- unit motel (Best Budget Motel) located 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 also located within the West Anaheim Commercial Corridors Redevelopment Area and the West Anaheim Community Planning Area; and WHEREAS, the petitioner has requested reinstatement of Conditional Use Permit No. 3928 (which expired on November 12, 1999) under authority of Code Section 18.03.093 of the Anaheim Municipal Code in order to retain the existing 45-unit motel; and WHEREAS, on April 24, 2000, the Planning Commission did hold a duly noticed public hearing and, following said public hearing, did adopt its Resolution No. PC2000-49 approving reinstatement of Master Conditional Use Permit No. 3928 for the reasons set forth therein; and WHEREAS, within the time permitted by law, an interested party, or the City Council by its own action, did appeal the decision of the Planning Commission to the City Council; and WHEREAS, the City Council did hold a public hearing on said appeal at the City Hall in the City of Anaheim on June 13, 2000, notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, 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 City Council after due inspection, investigation and study made by itself and on its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine as follows: 1. The proposed use is properly one for which a conditional use permit is authorized by the Anaheim Municipal Code for the following reasons: (a) The property is developed with a two story, 45- unit motel, and has been zoned CL (Commercial, Limited) since 1979. The Anaheim General Plan Land Use Element Map designates this property for General Commercial land uses. This property is also located within the West Anaheim Commercial Corridors Redevelopment Area and the West Anaheim Community Planning Area. (b) Motels are a conditional use in the CL (Comraercial, Limited) Zone of the City pursuant to the provisions of Section 18.44.050.160 of the Anaheim Municipal Code; and 2. The proposed use, if operated in full compliance with the conditions imposed, will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located for the following reasons: (a) Between May 1999, and April 2000, 35 calls for police service were received at this motel (b) (c) (d) location. Out of the 35 calls, 16 were directly related to criminal activity at the location. The types of calls included family disturbances, medical aids, assault with a deadly weapon, trespassing, burglary, suspicious subjects/activity, disturbance landlord/tenant, disturbance boyfriend\girlfriend, and assault and battery. 38 of the 45 motel rooms were recently inspected by the Code Enforcement Division and some minor violations were observed including inoperable smoke detectors, deteriorated paint, leaking water faucet, missing light cover, missing window screen, and deteriorated wall. The inspection also revealed that ten rooms had long-term tenants based on an examination of the guest registration forms, and that four rooms had hot plates and toaster ovens for the long-term guests. Condition no. 3 (pertaining to the uniformed licensed security guard} and Condition no. 14 (pertaining to an application for an Administrative Adjustment to construct an 8-foot high block wall along the east property line adjacent to the single family residences) of Resolution No. PC97-56 have not been complied with. Numerous occupants of the motel appeared to be living in the rooms for long periods of time. This was further confirmed by the occupants and the motel owner stating that tenancies had ranged from several months to over two years. This was evidenced by site inspections that revealed kitchen appliances such as refrigerators, microwaves, hot plates, electric skillets, toasters, etc. Currently, there are 146 hotels and motels throughout the City and the vast majority of these are well managed and maintained. However, some of the older motels with lesser amenities have resorted to long-term, as opposed to transient occupancies and thus operate with occupancy similar to apartment complexes. These long-term occupancies of motel rooms have, in some instances, created unsafe and dangerous living conditions. In the past, staff has responded to complaints regarding these substandard conditions at motels on a reactive basis. (e) Recently, there has been a major concern expressed by citizens regarding criminal activities and substandard living conditions at certain motels located primarily in the western portion of the City. In order to address these concerns, staff identified 22 motels that have a history of criminal activities and code violations. Staff, in conjunction with the Orange County Health Department, proactively inspected all of these businesses and were able to obtain compliance at all but seven of the motels. The Best Budget Motel is one of these seven motels; and (f) The conditions hereinafter set forth are reasonably necessary to prevent long-term occupancies of motel units designed and constructed for short-term occupancy by tourists and other persons needing short-term occupancy and to protect the public health and safety from criminal activities and unsafe housing practices prevalent in the past at this property. 3. That the size and shape of the site is adequate to allow the full development of the use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare; and 4. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and 5. The granting of this approval, under the conditions imposed herein, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim for the reasons set forth in paragraph 2 above; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that Conditional Use Permit No. 3928 be, and the same is hereby, reinstated and extended for a period of five (5) years to expire on June 13, 2005, subject to compliance with the conditions of Resolution No. PC97-56 as hereinafter amended. BE IT FURTHER RESOLVED that Condition Nos. 5 and 21 of Resolution No. PC97-56, as amended and as adopted in connection with Conditional Use Permit No. 3928, are hereby amended to read: 5. That guest rooms shall not 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, subject to the following: (a) Existing guest who have occupied a unit on the premises for a continuous period over thirty (30) days and are occupants on June 13, 2000 shall be permitted to remain on the premises until and including January 15, 2001. (b) The owner shall provide the Code Enforcement Manager with a list, certified under penalty of perjury, of all existing guests who satisfy the conditions of subparagraph (a) (the ~qualifying long-term guests"). (c) Following the vacating of any unit by a qualifying long-term guest, or on January 15, 2001, whichever occurs earlier, any occupancy of any unit shall be for a period not more than thirty (30) days within any ninety (90) day period. (d) The owner shall notify all guests of the occupancy limitations set forth herein within thirty (30) days of the date of this resolution, and shall continue to notify all guests of said limitations upon occupancy. 21. That this conditional use permit shall expire five (5) years from the date of this Resolution, on June 13, 2005. BE IT FURTHER RESOLVED that the Resolution No., PC97-56 is hereby amended to add the following new conditions thereto: 22. That appliances for heating and preparing food shall not be permitted in the guest rooms. 23. That within a period of sixty (60) days from the date of this resolution, Condition No. 14, above mentioned, shall be complied with. 24. That effective immediately, Condition No. 3, above- mentioned, shall be complied with. 25. That guests vacating the premises shall be required to remove all personal belongings from the guest rooms. 26. That within a period of sixty (60) days from the date of this resolution, 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. 27. 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. 28. That within a period of sixty (60) days from the date of this resolution, smoke alarms in the guest rooms shall be hard- wired rather than battery operated and shall thereafter be maintained in good working order at all times. 29. That three (3) foot high address numbers shall be displayed on the roof of the building in a color which contrasts with the roof material. The numbers shall not be visible to the street or adjacent properties. 30. That guest rooms shall not be rented or let for periods of less than twelve (12) consecutive hours. BE IT FURTHER RESOLVED that, except as expressly amended herein, the provisions of Resolution No. PC97-56 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 June, 2000. MA~~E I M ATTEST: 28586.1 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-106 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 13th day of June, 2000, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: Tait, Kring ABSENT: MAYOR/COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 2000R-106 on the 13th day of June, 2000. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 13th day of June, 2000. ~C~CLEI~KLOOF G:)J2-4(~ 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. 2000R-106 was duly passed and adopted by the City Council of the City of Anaheim on June 13th, 2000. F THE CITY OF ANAHEIM