RESOLUTION NO. _______
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 CU P") on that certain real prope rty 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 Commissi on 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 de veloped 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 inst alled 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 oper ating since approximate ly 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 severa l months, City staff became aware of public health and safety issues that exist as a re sult of the motel operations incl uding, but not limited to, increased criminal activity and calls for emergency medical service; and
WHEREAS, on December 21, 2021 the City prov ided 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 sta ff would request that th e 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 havi ng been duly given as required by law and in accordance with the provisi ons 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 considerat ion 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 Ma hendra 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 he aring 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 respec t 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, includ ing 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 C ouncil determines that the eviden ce in the reco rd constitutes substantial evidence to support th e actions taken and the findings made in this Resolution, that the facts stated in this Resolu tion are supported by substantial ev idence in the record, including testimony received at the public he aring, the staff presentations, the staff report and all materials in the project files. There is no substantial ev idence, nor are there other facts, that negate the findings made in this Resolution. The City C ouncil expressly declares that it considered all evidence presented and reached these findings afte r 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, includ ing 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 c onditions of approval attached to this Resolution as Exhibit B amend the Previous C onditions of Approval a nd hereby replace the Previous Conditions of Approval in their entirety and, therefor e, 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, modifica tions, 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 re hearing 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 decisi ons 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 _____ day of ______________, 2022, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ANAHEIM
By: __________________________________
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
______________________________________
CITY CLERK OF THE CITY OF ANAHEIM
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
adoption of this resolution, the property owner shall procure 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
Police
Department
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
Burglary/Robbery Alarm Permit application, Form APD 516.
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.
Police
Department
3. Rooftop Address: Within 30 days of the adoption of this resolution, the property owner shall provide rooftop address 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- Police
Department
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 address numbers are positioned so as to be readily readable 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.
Code
Enforcement
5. No Trespassing Signs: The property owner shall install signs containing the words “No Trespassing 602(k) P.C.” posted at 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.
Code
Enforcement
6. Parking Enforcement Signs: The property owner shall install signs at all entrances to parking areas per 22658(a) C.V.C., to 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.
Code
Enforcement
7. Criminal Activity Signs: Within 30 days of the adoption of this resolution, the property owners shall post at least three (3) 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.”
Code
Enforcement
OPERATIONAL CONDITIONS
Exhibit B
8. Annual Review: The Security and Operations Plan, along with an updated and executed contract with the licensed 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.
Police
Department 9. On-Site Manager: The property owner shall ensure that a manager is present on the property at all times and provides 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.
Police
Department
10. Criminal Activity: The property owner, property managers, and all employees must report any illegal activities to the 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 would persuade such person to act in favor of criminal
activity.
Police
Department
11. Loitering or Prostitution: The property owner and property managers shall ensure that rooms are not allowed for use by persons engaged in criminal activity, including loitering for the purpose of engaging in prostitution or the housing and/or business use of sex workers.
Police
Department
12. Rental Duration: The property owner shall ensure that rooms shall not be rented, let, or occupied by any individual for 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.
Police
Department
Exhibit B
13. Vehicle Registration: The property owner shall ensure that an on-site manager and security service monitors the parking lot 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.
Police
Department
14. Guest Age: The property owner shall ensure that an on-site manager does not allow anyone under the age of 21 to rent a room.
Police
Department
15. Daily Cleaning Schedule: The property owner shall ensure that every occupied room is cleaned daily. Each room shall be posted with a notice that daily room cleaning service is required.
Code
Enforcement
16. Rules of Conduct: The property owner shall institute a set of “Rules of Conduct” for all patrons and guests at the motel.
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.
Code
Enforcement
17. Property Maintenance: The property owner shall ensure that the property is permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, and removal of trash, debris, or drug paraphernalia.
Code
Enforcement
18. Graffiti Removal: The property owner shall ensure that any graffiti painted or marked upon the premises or on any
adjacent area under the control of the property owner shall be removed or painted over within 24 hours.
Code
Enforcement
19. Parking Areas: The property owner shall not fence or enclose for storage purposes any area required for parking.
Code
Enforcement
Exhibit B
20. The property owners shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “Indemnitees”) from any and all claims, actions or
proceedings brought against Indemnitees to attack, review, set 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.
Planning &
Building
Department
Planning Services
Division
21. The property shall be developed substantially in accordance with plans and specifications submitted to the City of
Anaheim by the applicant and which plans are on file with the Planning Department and as conditioned herein.
Planning &
Building
Department,
Planning Services
Division