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2000-150RESOLUTION NO. 2000R-150 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING THE CONDITIONS OF APPROVAL OF VARIANCE NO. 1229 AS HERETOFORE APPROVED BY RESOLUTION NO. 235, SERIES 1959-60, AS AMENDED, AND REINSTATING AND APPROVING A MOTEL USE FOR A PERIOD OF FIVE YEARS ONLY, TO EXPIRE ON JULY 25, 2005 (COVERED WAGON MOTEL). 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, the property is developed with a 70-unit motel (Covered Wagon Motel) in the CL (Commercial, Limited) zone, designated in the Anaheim General Plan Land Use Element for General Commercial land uses, and located within the West Anaheim Commercial Corridors Redevelopment Area and Community Planning Area No. 1; 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, which termination date was imposed due to abnormally high police activity and numerous Code violations. The permittee did not seek further administrative review of said decision and said decision became final on August 12, 1997; and WHEREAS, on August 3, 1998, the Planning Commission by its Resolution No. PC98-117 denied a request to reinstate the Variance, which had expired July 21, 1998. The Commission's decision was timely appealed to the City Council and 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, thereby reversing the Planning Commission's decision. The permittee did not seek further administrative review of said decision and said decision became final on December 11, 1998; and WHEREAS, on November 22, 1999, the Planning Commission considered a request to reinstate the Variance and adopted its Resolution No. PC99-202 modifying the conditions of approval of the variance (including Condition No. 3, which provides in part that guest rooms shall not be rented for more than thirty days within any ninety-day period) and permit the use until November 22, 2000. The Commission's decision was appealed to the City Council and on February 1, 2000, the City Council by its Resolution No. 2000R-19 upheld the Planning Commission's decision, including Condition No. 3, and approved reinstatement of the variance for a period of one year to expire on February 1, 2001. On March 7, 2000, the City Council denied the petitioner's request for rehearing and the decision became final on that date. The permittee did not seek judicial review of said decision; and WHEREAS, at its March 21, 2000 meeting the City Council (1) directed the Planning Commission to initiate a hearing to review Variance No. 1229 for the Covered Wagon Motel to determine compliance with conditions of approval and to consider modification of the conditions, including the 30-day in 90-day occupancy limitation, as recommended by the Motel Task Force [The City Council directed staff to develop for Planning Commission/City Council consideration a modification to the Variance at the Covered Wagon Motel that would provide for an orderly transition of the motels from long-term occupancy to their original intended uses, to possibly "grandfather in" current long-term occupants for 6 months, but not allow new long- term occupants to move in effective upon implementation of the modifications.]; and WHEREAS, on March 27, 2000, the Planning Commission initiated proceedings for modification of the Variance, pursuant to the provisions of Section 18.03.050 of the Anaheim Municipal Code, the purpose of said hearing being to provide for an orderly transition of the motel from long-term occupancy to its original intended use; and WHEREAS, on May 22, 2000, the City Planning Commission did hold a public hearing to consider a modification of the Variance at the City Hall in the City of Anaheim, notices of which public hearing were duly given as required by law and the provisions of Title 18, Chapter 18.03 of the Anaheim Municipal Code; and WHEREAS, the City Planning Commission, after due inspection, investigation and studies made by itself and in its behalf and after due consideration of all evidence and reports offered at the public hearing on May 22, 2000, adopted its Resolution No. PC2000-59 (amending Resolution No. 235, Series 1959-60, in connection with Variance No. 1229) modifying the conditions of approval of the Variance to permit the use until May 22, 2000 and modifying Condition No. 3, renumbered Condition No. 18, to retain the limitation that guest rooms shall not be rented for more than thirty days within any ninety-day period, and adding a procedure for orderly transition of existing long- term occupants); 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 July 25, 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: That the use, as reinstated for a period of five years, and subject to the conditions contained herein, is properly one for which a use permit is authorized by the Zoning Code. o That the use, as reinstated for a period of five years, will not adversely affect the adjoining land uses and the growth and development of the area in which it is located. 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. o 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. o 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. o That, as modified, the permit is being exercised substantially in the same manner and in conformance with all conditions and stipulations originally approved by the approval body. That reinstating the use for a period of five years, under the conditions imposed, will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the property is located. 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 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: The existing motel facility was approved as a motel use not as an apartment house. o The existing motel facility was constructed in accordance with the standards and building codes applicable to motel facilities and not apartment houses. o 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-ter~' 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. 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. The maximum density for apartments allowed by the City's current zoning standards would permit up to 36 dwelling units per acre. This density could only be achieved if development standards such as recreational leisure area, landscaped setbacks, minimum uni sizes, parking, and similar considerations could be met in order to make the units livable. If the Covered Wagon Motel were considered an apartment complex, it would have a density of 54 dwelling units per acre and would not comply with the City's minimum development standards. 10. 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. 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. 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. Although the permittee has recently significantly reduced the number of code violations on the property, allowing the existing motel facility to be used for long-term tenancies has previously resulted in, and, unless the conditions hereinafter set forth are imposed, may 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; and (c) accumulation of grease on ceilings and walls due to cooking in unvented rooms thereby creating a fire hazard. 11. 12. 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 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 (b lack of yards and recreational areas for children which would be required for apartment houses; (c conditions at the motel contributed to the blight which led to the creation of the West Anaheim Commercial Corridors Redevelopment Area, which now includes the subject property. The property has had a history of criminal activity, which although a substantial drop from its peak, has continued and has shown a recent increase, as indicated in the memorandum dated July 18, 2000 from Investigator Joe Tocco to Sergeant Randy West, Vice detail and in testimony of Mr. West to the Planning Commission and City Council as follows: so From July 16, 1997 through July 15, 1998 there were 182 instances of police activity on the property. bo From July 16, 1998 through July 15, 1999 there were 106 instances of police activity on the property. From July 16, 1999 through July 16, 2000 there were 135 instances of police activity on the property. During the 1999 calendar year, there were 60 instances of police activity on the property. If the rate of police activity for the year 2000 is maintained at its present rate, the result will eo go be approximately 155 instances of police activity for the year 2000. From January 1, 2000 through July 16, 2000, there were 84 instances of police activity on the property, of which 33 were directly attributable to the property. If the instances of police activity directly attributed to the property is maintained at its present rate, the result will be approximately 61 instances directly attributed to the property. From January 1, 2000 through March 31, 2000, there were 38 instances of police activity on the property, of which 9 were directly attributable to the property. Consequently, 24 calls directly attributable to the property have occurred since April 1, 2000, an increase in such calls compared to the first three months of the year. Police activity on the property has included a Fullerton parolee arrested on January 26, 2000; a prostitute arrested at a room on the property on February 10, 2000; a prostitute arrested on Beach Boulevard March 15, 2000 who stated that she had a room at the Covered Wagon Motel; an arrest for assault and battery of a male assaulting a female in a room on the property; a disturbance call where female employed as maid at the hotel, later revealed to be a known prostitute, had offered a tenant sex for money and attempted to sell him methamphetamine; an arrest for possession of narcotic paraphenalia on the property on April 20, 2000; an arrest for possession of marijuana on April 22, 2000 of a subject sleeping in his vehicle at the motel; arrest of person under the influence of a controlled substance on the property parking lot on May 5, 2000; arrest of a woman drunk in public who said she had an argument with the manager on May 28, 2000; security guard assaulted on the property on July 2, 2000; arrest of husband for spousal abuse on July 8, 2000; officers responded to call that guests were intoxicated and causing a disturbance on July 13, 2000, and the police advised the guests, who complied. Sergeant West testified about an additional call which does not appear on the July 17, 2000 memorandum because it was attributed to another address. On July 13, 2000, a male subject from a room at Covered Wagon allegedly was told by the management of the motel to go to Denny's, which is down the street, to call the police so the call would not be attributed to the property. The gentleman who called the police was threatened with a knife by another man in his room at the Covered Wagon and the male suspect was subsequently arrested at another motel. Comparison police activity data on other motels on Beach Boulevard was provided indicating that police activity was higher at the Covered Wagon Motel than at other similarly situated motels on Beach Boulevard [except for the Pacific Inn, for which the City Council denied an application for a conditional use permit on July 11, 2000] as follows: MOTEL NUMBER OF POLICE ROOMS ACTIVITY ATTRIBUTABLE TO PROPERTY Moonlight Motel 42 20 (.48)* 5 (.12)** Best Budget 41 18 (.44)* 9 (.22)** Anaheim Lodge 45 25 (.56)* 12 (.27)** Americana Motel 44 17 (.39)* 11 (.25)** Pacific Inn*** 23 27 (1.17)* 17 (.74)** Covered Wagon 70 84 (1.2)* 33 (.47)** Total Instances of Police Activity Per Room Instances of Police Activity Directly Attributable to Property [The City Council denied an application for a conditional use permit for the Pacific Inn on July 11, 2000.] 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 Quality Act ("CEQA"} 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 amended, does hereby reinstate said Variance No. 1229 for a 70-unit motel for a period of five (5) years until July 25, 2005; and BE IT FURTHER RESOLVED that the City Council of the City of Anaheim does hereby find that modification of the Variance, 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, and BE IT FURTHER RESOLVED that the City Council does hereby adopt the following conditions which are found to be a necessary prerequisite to the proposed reinstatement of the use of subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: That this Variance shall terminate five (5) years from the date of this resolution, on July 25, 2005. o 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, and/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. That appliances for the heating and preparation of food shall not be permitted in the guest rooms. That smoke alarms in the guest rooms shall be hard- wired (rather than battery operated), and shall thereafter be operable and maintained in good working order at all times. That the trash storage areas shall be refurbished to comply with approved plans on file with the Maintenance Department, Streets and Sanitation Division. o That licensed uniformed security guards in such number (not to exceed two (2)), as required and approved by the Anaheim Police Department, shall be provided upon the premises specifically to provide security and to discourage vandalism, trespassing and/or loitering upon or adjacent to the subject property. o 10. 11. 12. 13. 14. That the owner/manager shall maintain a complete guest registry or guest card system which includes the full name, address, verified driver's license or legal identification and vehicle registration number of all registered guests, date of registration, length of stay and rood rates; 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. That every occupied guest room shall be provided with daily maid service. 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 to any person for the purpose of committing a criminal or immoral act. 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. 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. 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 duty to collect transient occupancy taxes. That this property and these buildings and accessory structures shall be maintained in 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. That the on-site landscaping shall be refurbished as necessary and permanently irrigated and maintained, 15. 16. 17. 18. including the regular removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrence. That a statement shall be printed on the face of the guest registration card to be completed by each 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. That no guest room(s) shall be rented or let to any person unless compliance is determined by the appropriate City 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. 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. That guest rooms shall not be rented, let or occupied by any individual for more than thirty (30) days within a ninety (90) day period, excluding one (1) manager's unit, subject to the following: (a) Existing guests who have occupied a unit on the premises for a continuous period over thirty (30) days and are occupants on May 22, 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) above (the "qualifying long-term guests"). (c) Following vacating of any unit by a qualifying long-term guest, or on January 15, 2001, whichever occurs earlier, any occupancy of said unit shall be for a period not more than thirty (30) days within any ninety (90) day period. (d) Within a period of thirty (30) days from the date of this resolution, the owner shall notify all guests of the occupancy limitations set forth herein and shall continue to notify all guests of said limitations upon occupancy. 19. That any new signage, beyond that legally existing on the date of this resolution, shall be submitted to the Planning Commission for review and approval as a ~Reports and Recommendations" item. 20. That within a period of sixty (60) days from the date of this resolution, Condition Nos. 4, 5 and 13, above- mentioned, shall be complied with. 21. 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 the conditions of approval of Resolution Nos. 235 (Series 1959-60), PC97-89, 98R-249 and 2000R-19, adopted in connection with Variance No. 1229, are hereby superceded in their entirety by the above-mentioned Condition Nos. 1 through 21. BE IT FURTHER RESOLVED that the Anaheim City Council does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. 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 2~th day of July, 2000 MA OR OF TH~-~ITY OF A~HEIM ATTEST: ICkY CI~ERK OF THE CITY OF ANAHEIM 36627.1 12 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-150 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 25th day of July, 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 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 25th day of July, 2000. Cl'l'~ CLERI~'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. 2000R-150 was duly passed and adopted by the City Council of the City of Anaheim on July 25th, 2000. ~TY CLER~ OF THE CITY OF ANAHEIM