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RES-2022-035 RESOLUTION NO. 2 0 7 2-0 3 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING DEVELOPMENT PROJECT NO. 2022-00007 AND MODIFYING CONDITIONAL USE PERMIT NO. 2237, AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2022-00007) (837 SOUTH BEACH BOULEVARD) WHEREAS, on September 21, 1981, and subject to certain conditions of approval, the Planning Commission of the City of Anaheim ("Planning Commission"), by its Resolution No. PC81-201, did approve Conditional Use Permit No. 2237 to construct a 45-room motel (herein referred to as the "Original CUP") on that certain real property located at 837 South Beach Boulevard in the City of Anaheim, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, Planning Commission Resolution No. PC81-201 contained the following conditions of approval: "1. That this Conditional Use Permit is granted subject to the completion of Reclassification No. 80-81-44,now pending. And, 2. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Revision No. 2 of Exhibit Nos. 1 through 3; provided; however, that kitchen efficiency units may be installed in no more than 25% of the units,with a maximum of 6-cubic foot refrigerators;two-burner stoves, excluding oven and baking facilities; and single compartment sinks; except that the manager's unit will be allowed to have full kitchen facilities." The conditions of approval which were the subject of the Original CUP shall be referred to herein collectively as the "Previous Conditions of Approval"; and WHEREAS,the 0.75-acre Property is developed with a 45-room motel commonly referred to as the Anaheim Lodge, that has been operating since approximately 1984 and is owned by Shivam Hotel, LLC, represented by Mahendra Ahir("Owner"); and WHEREAS,the Property is located within the Beach Boulevard Specific Plan(SP2017-1) Residential Medium Development Area, and the Anaheim General Plan designates the Property for Medium Density Residential land uses; and WHEREAS, over the past several months, City staff became aware of public health and safety issues that exist as a result of the motel operations including, but not limited to, increased criminal activity and calls for emergency medical service; and WHEREAS, on December 21, 2021 the City provided written notice to Owner that the Property was considered a Nuisance pursuant to Anaheim Municipal Code Section 6.44.010.0709. On February 4,2022,the City provided written notice to the Owner advising that a hearing would be held on February 28, 2022, at which time staff would request that the Planning Commission abate the nuisance and revoke or amend the Original CUP to add conditions of approval to ensure the use operates in a manner that is not detrimental to public health and safety; and WHEREAS,the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on February 28, 2022, notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 of the Code, to hear and consider evidence for and against said proposed conditional use permit amendment or revocation and to investigate and make findings and recommendations in connection therewith; and WHEREAS,the Planning 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 with respect to the Original CUP, adopted Resolution No. PC2022-047 modifying the conditions of approval of the Original CUP; and WHEREAS, on March 7, 2022, and within the time prescribed by Section 18.60.130 of the Anaheim Municipal Code, an appeal of the Planning Commission's action were filed by Frank A. Weiser on behalf of Mahendra Ahir (the "Appellant"); and WHEREAS, thereafter, the City Council did set the matter for a de novo hearing, which public hearing was duly noticed in the manner provided by law; and WHEREAS, the City Council did hold a public hearing at the Civic Center in the City of Anaheim on April 12, 2022 at 5:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 of the Code, and did give all persons interested therein an opportunity to be heard,and did receive evidence and reports,and did consider the recommendations and action of the Planning Commission pursuant to the appeal provisions set forth in Chapter 18.60 of the Code; and WHEREAS, at said public hearing, this City Council, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of the all evidence and reports offered at said hearing with respect to Conditional Use Permit No. 2237, does find and determine the following facts: 1. The permit 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, because as a result of motel operations there has been criminal activity including assault,battery,drug use, firearms possession, and a homicide that occurred in April 2020 on the Property. 2. The use 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. The motel has operated at this location for over 30 years and this approval includes additional conditions of approval that will serve to reduce criminal activity on the Property that has been detrimental to the public health and safety of the surrounding community,including assault,battery,drug use,firearms possession, and a homicide that occurred in April 2020. 3. That any such modification, including the imposition of any additional conditions, is reasonably necessary to protect the public peace,health,safety,or general welfare,or necessary to permit reasonable operation under the permit as.granted. WHEREAS, the City Council determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that negate the findings made in this Resolution. The City Council expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve the modification of Conditional Use Permit No. 2237 based on the following findings: 1. The permit 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, because as a result of motel operations there has been criminal activity including assault,battery,drug use, firearms possession,and a homicide that occurred in April 2020 on the Property. 2. The use 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. The motel has operated at this location for over 30 years and this approval includes additional conditions of approval that will serve to reduce criminal activity on the Property that has been detrimental to the public health and safety of the surrounding community,including assault,battery,drug use,firearms possession, and a homicide that occurred in April 2020. 3. That any such modification, including the imposition of any additional conditions, is reasonably necessary to protect the public peace,health,safety,or general welfare,or necessary to permit reasonable operation under the permit as granted. BE IT FURTHER RESOLVED that this City Council does hereby approve Development Project No. 2022-00007, thereby modifying the Original CUP. BE IT FURTHER RESOLVED that the conditions of approval attached to this Resolution as Exhibit B amend the Previous Conditions of Approval and hereby replace the Previous Conditions of Approval in their entirety and, therefore, reflect the amendment and restatement of the Prior Conditions of Approval. The conditions of approval attached to this Resolution as Exhibit B shall control and govern the Property. BE IT FURTHER RESOLVED that this permit is approved without limitations on the duration of the use. Amendments, modifications, and revocations of this permit may be processed in accordance with Chapters 18.60.190(Amendment to Permit Approval)and 18.60.200 (City-Initiated Revocation or Modification of Permits)of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the time within which a rehearing 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 12 day of Apri 1 , 2022, by the following roll call vote: AYES: Mayor Sidhu and Council Members O'Neil, Ma 'ae, Moreno, Valencia and Faessel NOES: None ABSENT: None ABSTAIN: Council Member Diaz (recusal ) CITY O tIAHEIM I By: _ Al HE T,Y 0 ANAHEIM EST: CITY CLE K OF THE CITY OF ANAHEIM EXHIBIT "A" DEV NO. 2022-00007 APN: 079-164-12 WARD ST W STONYBROOK DR __,) • MEI mmil ._ W ROME AVE -O rffi W ROME AVE W TERANIMAR DR r- 1) en cc 0 Q > 3 \ \ 299' m 41,40- c b o 2 = L.)`^ 299 w - an v7 11111- W LYNROSE DR 0 W GLEN HOLLY DR m a 2 H U Lt)LU Q CC W U m Q N O . _ -)N. Lel 0 v Source: Recorded Tract Maps and/or City GIS. F_p. Please note the accuracy is+/-two to five feet. Exhibit B NO. CONDITIONS OF APPROVAL REVIEW BY TO BE COMPLETED WITHIN 30 DAYS OF APPROVAL 1. Security and Operations Plan: Within 30 days of the Police adoption of this resolution,the property owner shall procure Department the services of a licensed security services company to prepare a Security and Operations Plan and shall submit the plan for review and approval by the Anaheim Police Department. Annual Review: The property owner shall be responsible for coordinating an annual review of the Security and Operations Plan as specified below in Condition No. 8. Plan Requirements and Procedures: The Security and Operations Plan shall be implemented within 90 days of the adoption of this resolution; and shall include, but not be limited to, the following: • The proposed number of licensed security personnel, days and hours of on-site security patrol, as determined adequate by the Anaheim Police Department. • The roles and responsibilities of security personnel, including expectations for communication and coordination with the Anaheim Police Department, discouraging criminal activities,vandalism,trespassing, and loitering upon or adjacent to the property. • A Security Alarm System Plan(silent or audible) covering,at minimum,the perimeter building and access route protection, high valued storage areas, and perimeter fencing and security gates. • A video surveillance plan including a minimum of 30- day video storage requirement, description of the type, number, and location of security cameras. The surveillance system shall cover, at minimum, lobby entrances,building perimeters,and parking areas. • Lighting Plan designed to ensure that parking lots, passageways,recesses, and grounds contiguous to buildings shall be provided with sufficient lighting to make clearly visible the presence of any person on or about the premises during the hours of darkness and Exhibit B provide a safe, secure environment for all person, property, and vehicles on-site. • Guest and Vehicle Registry Policies and Procedures. All guests and their visitors must register at the office before entering the premises. Unregistered visitors shall be subject to prosecution for trespassing. At registration,each guest shall show two pieces of I.D., one of which must be a driver's license or other type of government issued photo identification. The following information shall be included in the completed registration: o full name o home address o home telephone number o date of birth o government ID number and ID type o state and country of ID issuance o time of arrival o number of assigned or visited room o length of stay o room rates • A copy of each form of identification shall be kept by the owner/manager with the registration information. • Vehicle registration information that shall be kept by the owner/manager for a minimum of seven days. 2. Alarm System: The property owner shall complete a Police Burglary/Robbery Alarm Permit application, Form APD 516. Department The form shall be submitted to the Police Department prior to initial alarm activation. This form is available at the Police Department front counter,or at: http://www.anaheim.net/260/Alarm-Permits The property owner shall be responsible for arranging an inspection and approval for this system within 30 days of the adoption date of this resolution. 3. Rooftop Address: Within 30 days of the adoption of this Police resolution,the property owner shall provide rooftop address Department numbers to be visible by the police helicopter. The numbers shall be a minimum size of 4-feet in height and 2-feet in width. The lines of the numbers are to be a minimum of 6- inches thick. Numbers should be spaced 12-inches to 18- Exhibit B inches apart. Numbers shall be painted or constructed in a contrasting color to the roofing material. Numbers shall face the street to which the structure is addressed. Numbers shall not be visible from ground level. 4. Street-Facing Address: The property owner shall ensure Code address numbers are positioned so as to be readily readable Enforcement from the street. The numbers shall be illuminated during hours of darkness. All entrance doors shall be numbered with the hotel room number and shall be completed within 30 days of adoption of this resolution. The number shall be a minimum height of 4". The property owner shall arrange inspection by the Police Department within 30 days of the adoption of this resolution. 5. No Trespassing Signs: The property owner shall install signs Code containing the words"No Trespassing 602(k)P.C."posted at Enforcement the entrances of parking lots and located in other appropriate places. Signs shall be at least 2 feet x 1 feet in overall size, with white background and black 2 inch lettering. The property owner shall arrange inspection by Code Enforcement within 30 days of the adoption of this resolution. 6. Parking Enforcement Signs: The property owner shall install Code signs at all entrances to parking areas per 22658(a)C.V.C.,to Enforcement assist in removal of vehicles at the property at the owners/managers request. The property owner shall arrange inspection by Code Enforcement within 30 days of the adoption of this resolution. 7. Criminal Activity Signs: Within 30 days of the adoption of Code this resolution,the property owners shall post at least three (3) Enforcement large signs in visible and conspicuous locations around the outside of the premises. The signs should read as follows: "NO LOITERING,NO WEAPONS,NO CONSUMPTION OF ALCOHOL, AND NO CRIMINAL ACTIVITY WILL BE TOLERATED." and"THE ANAHEIM POLICE DEPARTMENT MAKES REGULAR AND FREQUENT PATROLS OF THESE PREMISES AND MANAGEMENT WILL EMPLOY ALL LAWFUL MEANS OF PREVENTING CRIMINAL ACTIVITY ON THESE PREMISES." OPERATIONAL CONDITIONS Exhibit B 8. Chain Link Fence and Gate: The property owner shall Planning& ensure that the existing 6-foot high chain link fence and gate Building enclosing the landscape setback area at the rear(west)of the Department property remain locked whenever the area is not in use. Planning Services Division 9. Rear Block Wall: The property owner shall obtain permits Planning& and construct an 8-foot high block wall along the west Building property line. Department Planning Services Division 10. South Block Wall: The property owner shall increase the Planning& height of the existing block wall to a minimum of 6-feet high Building along the south property line, from the southwest corner of the Department existing motel building to the west property line. Planning Services Division 11. Annual Review: The Security and Operations Plan,along Police with an updated and executed contract with the licensed Department security service shall be provided to the Anaheim Police Department annually. The property owner shall coordinate an annual meeting with the Anaheim Police Department to review and modify the Security and Operations plan, with any modifications determined to be necessary by the Anaheim Police Department. The applicant shall coordinate the annual review on or before the anniversary date of the adoption of this resolution. 12. On-Site Manager: The property owner shall ensure that a Police manager is present on the property at all times and provides Department effective management and control of the property. The property owner shall require regular inspection and supervision of the premises by the manager. The property owner shall employ only those people who have had a background check performed and who have no history either by arrest or conviction for any narcotics,prostitution, weapons, or violent offense. 13. Criminal Activity: The property owner, property managers, Police and all employees must report any illegal activities to the Department Police Department and shall not rent rooms to persons engaging in criminal activity or who have been previously arrested on or adjacent to the motel premises. The property owner,property managers,and all employees shall not engage in,or aid in any way,any illegal activities including, but not limited to,reporting police arrivals to persons with criminal acts or intent and/or accepting any form of payment that Exhibit B would persuade such person to act in favor of criminal activity. 14. Loitering or Prostitution: The property owner and property Police managers shall ensure that rooms are not allowed for use by Department persons engaged in criminal activity, including loitering for the purpose of engaging in prostitution or the housing and/or business use of sex workers. I 5. Rental Duration: The property owner shall ensure that rooms Police shall not be rented, let, or occupied by any individual for Department periods of less than twelve (12)consecutive hours. Rooms shall not be discounted for the rental of rooms for less than a 24-hour period. All daily room rates shall apply. 16. Vehicle Registration: The property owner shall ensure that an Police on-site manager and security service monitors the parking lot Department and that only vehicles that have been registered may be parked in the lot. A parking permit will be issued and must be displayed on the dashboard. Vehicles without permits shall be towed at the owner's expense. All vehicles must be parked front-first into the parking spaces. No"back-in"parking is allowed. 17. Guest Age: The property owner shall ensure that an on-site Police manager does not allow anyone under the age of 21 to rent a Department room. 18. Daily Cleaning Schedule: The property owner shall ensure Code that every occupied room is cleaned daily. Each room shall be Enforcement posted with a notice that daily room cleaning service is required. 19. Rules of Conduct: The property owner shall institute a set of Code "Rules of Conduct"for all patrons and guests at the motel. Enforcement The rules shall include a provision that states that any violation of the rules is grounds for eviction and that the rules will be strictly enforced in an effort to create a safe environment for all concerned; require each patron and guest to review and sign a copy of the rules to be placed in the appropriate room file to ensure each person's awareness of the rules; place an additional copy of the rules on the inside door of the room or in some other conspicuous place in the room for further reference. 20. Property Maintenance: The property owner shall ensure that Code the property is permanently maintained in an orderly fashion Enforcement Exhibit B through the provision of regular landscaping maintenance, and removal of trash, debris, or drug paraphernalia. 21. Graffiti Removal: The property owner shall ensure that any Code graffiti painted or marked upon the premises or on any Enforcement adjacent area under the control of the property owner shall be removed or painted over within 24 hours. 22. Parking Areas: The property owner shall not fence or enclose Code for storage purposes any area required for parking. Enforcement 2 3. The property owners shall defend, indemnify,and hold Planning& harmless the City and its officials, officers, employees and Building agents(collectively referred to individually and collectively as Department "Indemnitees") from any and all claims, actions or Planning Services proceedings brought against Indemnitees to attack,review, set Division aside, void,or annul the decision of the Indemnitees concerning this permit or any of the proceedings,acts or determinations taken,done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant's indemnification is intended to include,but not be limited to,damages,fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys' fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. 24. The property shall be developed substantially in accordance Planning& with plans and specifications submitted to the City of Building Anaheim by the applicant and which plans are on file with the Department, Planning Department and as conditioned herein. Planning Services Division CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Resolution No. 2022-035 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 12th day of April 2022 by the following vote of the members thereof: AYES: Mayor Sidhu and Council Members O'Neil, Ma'ae, Moreno, Valencia, and Faessel NOES: None ABSTAIN: Council Member Diaz (Recusal) ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand this 15th day of April, 2022. r____— , CITY CLERK OF THE CITY OF ANAHEIM (SEAL)