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96-116 RESOLUTION NO. 96R-116 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING THE FINDINGS OF FACT AND RECOMMENDATIONS OF HEARING OFFICER REGARDING MODIFICATION OF CONDITIONS OF APPROVAL OF CONDITIONAL USE PERMIT NO. 1978. WHEREAS, on May 21, 1979 the Planning Commission granted Conditional Use Permit No. 1978, in part, under Resolution No. PC79-100 to permit a 23-unit motel (25 units requested) with waiver of minimum number of parking spaces, maximum structural height and limited landscape setback on property located at 426 South Beach Boulevard; and WHEREAS, May 15, 1995, the Planning Commission, by motion, set Conditional Use Permit No. 1978 for public hearing to consider revoking or modifying the use permit based on the use being exercised in a manner which may be detrimental to the public health, peace, safety, or welfare, or in such a manner as to constitute a public nuisance; and WHEREAS, on June 16, 1995, the property owners of record, Sumanbahai Patel and Nirmalaben Patel were notified, by certified mail, of the date, place and time of the public hearing to consider the revocation or modification of Conditional Use Permit No. 1978; and WHEREAS, on July 10, 1995, the Planning Commission held a public hearing at the Civic Center in the City of Anaheim, 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 consider whether Conditional Use Permit No. 1978 should be revoked or modified. The Commission by its Resolution No. PC95-78 amended Resolution No. PC79-100 to modify Conditional Use Permit No. 1978. Condition No. 14 of Resolution No. PC95-78 states: "That Conditional Use Permit No. 1978 shall expire six (6) months from the date of this resolution, on January 19, 1996." WHEREAS, Sumanbhai Patel, the property owner, submitted a letter, received by the City of January 3, 1996, requesting modification of Condition No. 14 of Resolution No. PC95-78 to retain the 23-unit motel; and WHEREAS, on February 5, 1996, the Planning Commission held a public hearing at the civic Center in the City of Anaheim, 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 determine whether grounds exist to modify the conditional use permit, as requested, to retain the 23-unit motel; and WHEREAS, on February 5, 1996, by its Resolution No. PC96-15, the Planning Commission denied the request to amend Condition No. 14 of Resolution No. PC79-100, as amended by Resolution No. PC95-78, to retain the 23-unit motel; and WHEREAS, on February 22, 1996, Hari S. Lal, Esq., of the Law Firm of Hari S. Lal & Associates, filed a timely appeal of the Planning Commission's decision on behalf of Sumanbahai Patel and Nirmalaben Patel, doing business as Pacific Inn Motel; and WHEREAS, on February 27, 1996, by motion, the City Council appointed a Hearing Officer to conduct a hearing on the matter and make recommendations to the City council pursuant to A.M.C. S1.12.110; and WHEREAS, a Notice of the Public Hearing before a Hearing officer regarding the appeal of the Planning Commission's decision was duly given by the City, and the matter was duly continued to April 24, 1996; and WHEREAS, on April 24, 1996, the Hearing Officer opened the public hearing relating to modification or termination of Conditional Use Permit Nos. 1978 and received oral and written testimony; and WHEREAS, the City of Anaheim appeared and was represented by Mark S. Gordon, Deputy City Attorney; Appellant Sumanbahai Patel personally appeared and was represented by attorney Hari S. Lal; and WHEREAS, substantial written evidence submitted by both side was received by the Hearing Officer; and WHEREAS, the parties stipulated to these recitals, findings and recommendations to the City Council; and WHEREAS, the Hearing Officer has, in accordance with Section 1.12.110 of the Anaheim Municipal Code, prepared, or caused to be prepared, the administrative record of the hearing; and WHEREAS, the Hearing Officer, having considered the exhibits received at the hearing, arguments and proposed findings of fact and recommendations of counsel, has prepared Findings of Fact and Recommendations of Hearing Officer to Anaheim City 2 Council pursuant to Anaheim Municipal Code Section 1.12.110 (the "Findings of Fact"); and WHEREAS, on June 4, 1996, the City received the administrative record and the proposed Findings of Fact submitted by the Hearing Officer; and WHEREAS, on June 18, 1996, the City Council did consider the administrative record and the written recommendations of the Hearing Officer. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the City Council hereby adopts those certain findings of fact and recommendations of the hearing officer attached hereto, marked Exhibit A, and incorporated herein by this reference as if set forth in full. BE IT FURTHER RESOLVED, based on the foregoing Findings and evidence, that the City Council: A. Grant the appeal as to Condition No. 14 of Conditional Use Permit No. 1978 and remove said condition which would have resulted in Conditional Use Permit No. 1978 expiring on January 10, 1996; and B. Grant the appeal for modification of Conditional Use Permit No. 1978 by deleting the 18 new conditions added by the Anaheim City Planning Commission on July 10, 1995 (Resolution No. PC95-78) and by adding the 15 new conditions as hereinafter described. BE IT FURTHER RESOLVED that Conditional Use Permit No. 1978, as approved by Resolution PC79-100 and amended by Resolution No. PC95-78, is hereby amended by the amendment and restatement of the conditions of approval thereof, in their entirety, to read as follows: 1. That a minimum of one (1) license uniformed security guard, approved by the Anaheim Police Department, shall be provided upon the premises between the hours of 7:00 p.m. and 3:00 a.m., from Wednesday through Saturday, specifically to provide security and discourage vandalism, trespass and/or loitering upon or adjacent to the subject property. 2. That the owner/manager shall maintain a complete guest registry or guest card system which includes the full name, address, date of birth, 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 which shall be made available upon demand by any police officer, 3 code enforcement officer, or license inspector of the City of Anaheim. 3. 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. 4. That guest rooms shall not be rented or let for periods of less than twelve (12) consecutive hours nor more than thirty (30) consecutive days, excluding one (1) manager's unit. 5. That every occupied guest room shall be provided with daily maid service. 6. 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. 7. That no guest room shall be rented or let to any person under eighteen (18) years of age, verified by a valid driver's license or other legal identification. 8. That all available room rates shall be prominently displayed in a conspicuous place within the office or lobby area clearly visible to motel guests, 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. 9. That the property owner/operator of the motel shall comply with the provisions of Section 2.12.020 of the Anaheim Municipal Code pertaining to the operator's collection duties regarding transient occupancy taxes. 10. That subject property, buildings and accessory structures shall comply with all 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. 11. That the property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, 4 removal of trash or debris, and removal of graffiti within forty- eight (48) hours from time of occurrence. 12. That the property owner shall pay the costs of Code Enforcement inspections twice each month for the first two (2) 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 for the purpose of gaining and/or maintaining compliance with State and local statutes, ordinances, laws or regulations. 13. That Conditional Use Permit No. 1978 shall expire on December 18, 1996. 14. That all Conditions above-mentioned shall be complied with immediately except Condition No. 1. 15. That Condition No. 1 shall be completed within a period of seven (7) days as of the date of the Resolution of the City Council. 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 the provisions of 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 18th day of June, 1996. R~//~C TY O~~HEI MAY OF THE M ATTEST: 5 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 96R-116 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 18th day of June, 1996, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Tait, Zemel, Felhaus, Lopez, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 96R-116 on the 18th day of June, 1996. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 18th day of June, 1996. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 96R-116 was duly passed and adopted by the City Council of the City of Anaheim on June 18th, 1996. CITY CLERK OF THE CITY OF ANAHEIM EXHIBIT "A" IN RE: TERMINATION OR ) MODIFICATION OF CONDITIONAL ) USE PERMIT NO. 1978 UNDER WHICH ) THE PACIFIC INN MOTEL OPERATES ) ) FINDINGS OF FACT AND RECOMMENDATIONS OF HEARING OFFICER TO ANAHEIM CITY COUNCIL PURSUANT TO A.M.C. § 1.12.110 This matter came on for hearing on April 24, 1996, on the appeal of Sumanbhai N. Patel and Nirmalaben S. Patel doing business as the Pacific Inn Motel, from a decision of the Anaheim Planning Commission denying amendment of Conditional Use Permit No. 1978 under which the Pacific Inn Motel operates. The amendment requested was to remove Condition No. 14 which provided for the expiration of Conditional Use Permit No. 1978 on January 19, 1996. Hari S. Lal, Esq. of Hari S. Lal & Associates appeared on behalf of Appellants and Mark S. Gordon, Deputy City Attorney, appeared on behalf of the City of Anaheim. The Hearing Officer, Victor J. Kaleta, having considered the testimony of witnesses at the hearing, exhibits received at the hearing, and arguments and stipulations of the parties finds as follows: FINDINGS 1. Proposed Recitals, Findings and Recommendations were submitted on behalf of the City of Anaheim by Mark S. Gordon, Deputy City Attorney. At the hearing, Mr. Lal was offered the opportunity to provide proposed Findings and Recommendations. Mr. Lal replied as follows: "What I will do, Mr. Kaleta, is to join with Mr. Gordon -- Apparently, he's going to prepare the proposed findings of fact and conclusions, if any. And if there are any amendments or modifications therein, I'll advise you. If not, then they'll be just jointly submitted to you, if that's acceptable to Mr. Gordon." (Transcript Page 21, lines 11-16) 2. No amendments or modifications were submitted by Mr. Lal. Therefore, the Proposed Recitals, Findings and Recommendations submitted on behalf of the City of Anaheim by Mark S. Gordon, Deputy City Attorney, will be deemed jointly submitted. 3. The Proposed Recitals, Findings and Recommendations read: "I. RECITALS: THE HISTORY OF THIS PROCEEDING: WHEREAS, on May 21, 1979 the Planning Commission granted Conditional Use Permit No. 1978, in part, under Resolution No. PC79-100 to permit a 23-unit motel (25 units requested) with waiver of minimum number of parking spaces, maximum structural height and limited landscape setback on property located at 426 South Beach Boulevard; and WHEREAS, May 15, 1995, the Planning Commission, by motion, set Conditional Use Permit No. 1978 for public hearing to consider revoking or modifying the use permit based on the use being exercised in a manner which may be detrimental to the public health, peace, safety, or welfare, or in such a manner as to constitute a public nuisance; and WHEREAS, on June 16, 1995, the property owners of record, Sumanbhai Patel and Nirmalaben Patel were notified, by certified mail, of the date, place and time of the public hearing to consider the revocation or modification of Conditional Use Permit No. 1978; and WHEREAS, on July 10, 1995, the Planning Commission held a public hearing at the Civic Center in the City of Anaheim, 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 consider whether Conditional Use Permit Noo 1978 should be revoked or modified. The Commission by its Resolution No. PC95-78 amended Resolution No. PC79-100 to modify Conditional Use Permit No. 1978. Condition no. 14 of Resolution No. PC95-78 states: "That Conditional Use Permit No. 1978 shall expire six (6) months from the date of this resolution, on January 19, 1996." WHEREAS, Sumanbhai Patel, the property owner, s~bmitted a letter, received by the City of January 3, 1996, requesting modification of Condition No. 14 of Resolution No. PC95-78 to retain the 23-unit motel; and WHEREAS, on February 5, 1996, the Planning Commission held a public hearing at the Civic Center in the City of Anaheim, 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 determine whether grounds exist to modify the conditional use permit, as requested, to retain the 23-unit motel; and WHEREAS, on February 5, 1996, by its Resolution No. PC96-15, the Planning Commission denied the request to amend Condition No. 14 of Resolution No. PC79-100, as amended by Resolution No. PC95-78, to retain the 23-unit motel; and WHEREAS, on February 22, 1996, Hari S. Lal, Esq., of the Law Firm of Hari S. Lal & Associates, filed a timely appeal of the Planning Commission's decision on behalf of Sumanbhai Patel and Nirmalaben Patel, doing business as Pacific Inn Motel; and WHEREAS, on February 27, 1996, by motion, the City Council appointed a Hearing Officer to conduct a hearing on the matter and make recommendations to the City council pursuant to A.M.C. ~1.12.110; and WHEREAS, a Notice of the Public Hearing before a Hearing Officer regarding the appeal of the Planning Commission's decision was duly given by the City, and the matter was duly continued to April 24, 1996; and WHEREAS, on April 24, 1996, the Hearing Officer opened the public hearing relating to modification or termination of Conditional Use Permit Nos. 1978 and received oral and written testimony. WHEREAS, the City of Anaheim appeared and was represented by Mark S. Gordon, Deputy City Attorney; Appellant Sumanbhai Patel personally appeared and was represented by attorney Hari S. Lal; and WHEREAS, substantial written evidence submitted by both side was received by the Hearing Officer; and WHEREAS, the parties stipulated to these recitals, findings and recommendations to the City Council. II. BASIS FOR TERMINATION OR MODIFICATION OF C.U.P.: Section 18.03.092 of the Anaheim Municipal Code provides for the modification or termination of conditional use permits and variances on one or more of the following grounds: .010 That the approval was obtained by fraud; .020 That the use or variance for which such approval is granted is not being exercised within the time specified in such permit; .030 That the use or variance for which such approval was granted has ceased to exist or has been suspended for one year or more; 3 .040 That the permit or variance granted is being, or recently has been exercised contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law or regulation; .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; .055 That the use or variance for which the approval was granted has not been exercised, and that based upon additional information or due to changed circumstances, the facts necessary to support one or more of the required showings for the issuance of such entitlement as set forth in this chapter no longer exists. .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. III. EXTENSIONS OF CONDITIONAL USE PERMITS: Section 18.03.093 of the Anaheim Municipal Code states that the Planning Commission or City Council may approve a conditional use permit or variance upon condition, or subject to the limitation, that such approval shall expire after a specified period of time or upon a specified date. Such condition or limitation may, but need not, provide that the Planning Commission or City Council shall have the right to review said permit or variance and approve an extension of the time limitation contained therein. Any conditional use permit or variance containing any such time limitation ..... may be extended for an additional period or periods of time, or such time limitation may be deleted or modified, by the Planning Commission regardless of whether such condition or limitation includes an express authorization for review or time extensions for such permit or variance and further regardless of whether any such condition specifies that review shall be by either the Planning Commission or City Council, provided, among other requirements: That the permit or variance is being exercised in a manner not detrimental to the particular area and surrounding land uses, nor to the peace, health, safety and general welfare; and, with regard only to any deletion of a time limitation. Subsection .041 of Section 18.03.093 of the Anaheim Municipal Code. 4 IV. FINDINGS OF FACT: A. The subject property is currently developed with a one- and two-story, 23-unit motel, and has been zoned CL (Commercial Limited) since July 1972. It is a rectangularly- shaped parcel of land consisting of approximately 0.36 acres having a frontage of approximately 66 feet on the east side of Beach Boulevard, and being located approximately 461 feet north of the centerline of Orange Avenue, with a street address of 426 South Beach Boulevard. The motel is operated under the business name of Pacific Inn Motel. B. A hotel/motel is a conditionally permitted use in the CL (Commercial Limited) Zone subject to the approval of a Conditional Use Permit. C. Conditional Use Permit No. 1978 (to permit a 23-unit motel with waiver of minimum required parking, maximum structural height, and minimum landscape setback) was granted by the Planning Commission on May 21, 1979. D. The subject property is one of several motel establishments located along Beach Boulevard which is a primary source of police calls for police service and citizen complaints. E. The Anaheim Police Department and Code Enforcement Division are jointly conducting an ongoing investigation and abatement effort to significantly reduce the criminal activity in this area, and to address those primary sources or locations that contribute to the criminal activity. F. Conditional Use Permit 1978 is being, or recently has been, exercised contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law or regulation, justifying modification or termination of said permit pursuant to Subsection .060 of Section 18.03.092 of the Anaheim Municipal Code, based on the following: 1. The July 10, 1995 Planning Commission action (to revoke or modify Conditional Use Permit No. 1978) was initiated by the City's Code Enforcement Division due to numerous complaints received from citizens pertaining to the conditions or activities taking place on, or in the immediate vicinity of the subject premises. The records of the Anaheim Police Department indicate that calls for service are disproportionately high and have increased over the past three years by 63 percent. Between March 1992 and April 1995 the police department received 349 calls for service resulting in 193 arrests involving disturbing the peace, narcotics and weapons related offenses, prostitution, and burglary. 2. The Code Enforcement Division of the City of Anaheim has also responded to its share of complaints originated by citizens. Between January 1992 and November 1994 code enforcement handled 32 calls for service resulting in 120 code violations° After July 10, 1995, complaint of substandard housing conditions was investigated and resulted in 38 code violations being cited. The violations included hazardous plun~bing, exposed electrical wiring, deteriorated walls, inadequate fire protection, and property maintenance violations. G. In order to reduce the number of calls for service the property owner has stipulated to provide a minimum of one (1) license uniformed security guard, approved by the Anaheim Police Department, who shall be present upon the premises between the hours of 7:00 p.m. and 3:00 a.m., from Wednesday through Saturday, specifically to provide security and discourage vandalism, trespass, loitering and/or unlawful activity upon or adjacent to the subject property. H. A subsequent inspection by Code Enforcement on or about March 20, 1996, revealed that all code violations which had been cited, including, hazardous plumbing, exposed electrical wiring, deteriorated walls, inadequate fire protection, and property maintenance violations had been corrected. I. The property owner wishes to retain Conditional Use Permit No. 1978, subject to conditions which will ensure that the premises will be operated in compliance with state and local statutes, ordinances, laws and regulations. I. Based upon the preceding facts, it would appear that a modification, including the imposition of additional conditions of approval, is reasonably necessary to protect the public peace, health, safety, or general welfare. J. The property owner and staff concur that such modification of Conditional Use Permit No. 1978, including the imposition of the following additional conditions stipulated to by the property owner, is reasonably necessary to protect the public peace, health, safety and general welfare, or necessary to permit reasonable operation under the conditional use permit as granted, based upon the evidence set forth herein. V. MODIFIED CONDITIONS OF APPROVAL-C.U.P. N0.1978: The following conditions are submitted by various City departments acting as an interdepartmental committee and were provided concerning the modification of Conditional Use Permit No. 1978. 1. That a minimum of one (1) license uniformed security ~uard, approved by the Anaheim Police Department, shall be provided upon the premises between the hours of 7:00 p.m. and 3:00 a.m., from Wednesday through Saturday, specifically to provide security and discourage vandalism, trespass and/or loitering upon or adjacent to the subject property. 2. That the owner/manager shall maintain a complete guest registry or ~uest card system which includes the full name, address, date of birth, 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 which shall be made available upon demand by any police officer, code enforcement officer, or license inspector of the City of Anaheim. 3. That a statement shall be printed on the face of the ~uest registration card to be completed by the ~ues~ 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. 4. That guest rooms shall not be rented or let for periods of less than twelve (12) consecutive hours nor more than thirty (30) consecutive days, excluding one (1) manager's unit. 5. That every occupied guest room shall be provided with daily maid service. 6. 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. 7. That no guest room shall be rented or let to any person under eighteen (18) years of age, verified by a valid driver's license or other legal identification. 8. That all available room rates shall be prominently displayed in a conspicuous place within the office or lobby area clearly visible to motel guests, 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. 9. That the property owner/operator of the motel shall comply with the provisions of Section 2.12.020 of the Anaheim Municipal Code pertaining to the operator's collection duties regarding transient occupancy taxes. 7 10. That subject property, buildings and accessory structures shall comply with all 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. 11. That the property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti within forty- eight (48) hours from time of occurrence. 12. That the property owner shall pay the costs of Code Enforcement inspections twice each month for the first two (2) 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 for the purpose of gaining and/or maintaining compliance with State and local statutes, ordinances, laws or regulations. 13. That Conditional Use Permit No. 1978 shall expire six (6) months from the date of the resolution of the City Council. 14. That all Conditions above-mentioned shall be complied with immediately except Condition No. 1. 15. That Condition No. 1 shall be completed within a period of seven (7) days as of the date of the Resolution of the City Council. VI. CONCLUSION: Based on the foregoing findings and evidence, it is requested that the Hearing Officer recommend that Conditional Use Permit No. 1978 be modified with the additional conditions set forth above." 4. There is evidentiary support for the Finding of Facts listed in the Proposed Recitals, Findings and Recommendations in the Exhibits and the Transcript of this hearing. 5. At the hearing, Mr. Patel agreed to the Additional Conditions of Approval (Joint Exhibit 1) which are now incorporated as the Modified Conditions of Approval in the Proposed Recitals, Findings and Recommendations. (Transcript Page 18, line 15, to Page 19, line 14) 8 RECOMMENDATIONS Based on the foregoing Findings and evidence, the Hearing Officer recommends that the City Council: 1. Grant the appeal as to Condition No. 14 of Conditional Use Permit No. 1978 and remove said condition which would have resulted in Conditional Use Permit No. 1978 expiring as of January 19, 1996. 2. Grant the appeal for modification of Conditional Use Permit No. 1978 by deleting the 18 new conditions added by the Anaheim City Planning Commission on July 10, 1996, (Resolution No. PC95-78, City Exhibit 10) and by adding the 15 new conditions described in Joint Exhibit 1 and repeated in Finding 3 as Modified Conditions of Approval. Respectfully submitted this 2nd day of June 1996, Victor J. K~leta Hearing Officer 9