200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
ITEM NO. 3
PLANNING COMMISSION REPORT
City of Anaheim
PLANNING AND BUILDING DEPARTMENT
DATE: FEBRUARY 28, 2022
SUBJECT: DEVELOPMENT PROJECT NO. 2022-00007
LOCATION: 837 South Beach Boulevard (Anaheim Lodge)
PROPERTY OWNER: The property owner is Shivam Hotel, LLC, represented by Mahendra Ahir.
REQUEST: This is a City -initiated request for revocation or modification of a conditional use permit (CUP) for an existing motel.
RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached resolution , determining that this request is categorically exempt under the California Environmental Quality Act (Class 1, Existing Facilities; and Class 21, Enforcement Actions by Regulatory Agencies ), and modifying Conditional Use Permit No. 2237.
BACKGROUND: With the support of the City Council, the mul ti-departmental “Rebuild Beach ” effort was launched in 2021 to improve the Beach Boulevard corridor and the quality of life for surrounding West Anaheim neighborhoods . The effort includes examining the significant and persistent challenges associated with problematic motels and other businesses , prosecution of criminal activity, enforcement of codes and land use entitlements , and community education. A Commercial Improvement Program is also underway to improve the streetscape.
Staff conducted a Rebuild Beach workshop at the February 14, 2022 Planning Commission meeting.
The criminal activity along Beach Boul evard primarily originates from problematic motels, where the privacy and anonymity afforded by the abundance of cheap rooms create an environment for drug dealers, illegal gambling halls known as “ slap houses”, and prostitution. These criminal activities lead to the assaults, shootings, drug overdose deaths, human trafficking, and property crimes that plague Beach Boulevard. Currently, there are 18 motels in the 1.4-mile stretch of Beach Boulevard located within the City of Anaheim.
DEVELOPMENT PROJECT NO. 2022-00007
February 28, 2022
As part of the Rebuild Beach effort, staff has identified several motels approved by conditional use permit (CUP) that contain few or no conditions of approval . The lack of conditions of approval hinders the City’s ability to enforce operational practices designed to improve property maintenance and reduce criminal activity. Staff has identified two motels as candidates for CUP modification or revocation, the Anaheim Lodge and the Travel Inn, both of which appear on tonight’s agenda.
The 45-room Anaheim Lodge, located on a 0.75- acre property near the intersection of Beach Boulevard and Ball Road, was approved in 1981 and has been operating since approximately 1984. The Anaheim Lodge was selected as a priority site in the Rebuild Beach effort because of the poor maintenance of the property and because, as described below, the significant amount of criminal activity that has occurred on the property has been harmful to public health and safety.
Aerial Photo
The Anaheim Lodge’s CUP included two conditions:
“1. That this Conditional Use Permit is granted subject to the completion of Reclassification No. 80-81-44, now pending.”
“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 singl e compartment sinks; except that the manager’s unit will be allowed to have full kitchen facilities.”
DEVELOPMENT PROJECT NO. 2022-00007
February 28, 2022
Amending the CUP to provide additional conditions of approval would assist staff in addressing site and public health and safety issues stemming from operation of the motel.
DISCUSSION:
According to Police Department, Code Enforcement, and Fire Department statistics, the Anaheim Lodge has significant criminal, code enforcement, and medical-emergency related activity.
Police Activity: As shown in the table below, t here has been a dramatic increase in arrests and calls for service at the Anaheim Lodge in recent years. Of the18 motels on Beach Boulevard, the Anaheim Lodge had the second highest calls for service in 2021. Arrests at the property jumped 473% between 2020 and 2021. Police statistics show that, between 2017 and 2021, five out of 18 motels in the Beach Blvd area account for 65% of total arrests, and the Anaheim Lodge accounts for 28% of those arrests.
Anaheim Lodge Crime Statistics
2019 2020 2021
Arrests 2 15 86
Calls for Service 44 121 371
Criminal activities have included assault, battery, drug use, firearms possession, and a homicide that occurred in April 2020. On June 4, and September 3, 2021, the Anaheim Police Department Gang Unit served several drug sale warrants in various rooms at the Anaheim Lodge, as depicted in the photos below.
June 4, and September 3, 2021 - Gang Unit Drug Sale Warrants
The Police Department notes that most crime goes unreported; therefore, while these statistics are a good indicator of the crime levels, they are not wholly representative of criminal activity at the Anaheim Lodge.
Code Enforcement: There has also been C ode Enforcement activity on the property . Code Enforcement records include complaints relating to lack of property maintenance including broken windows, landscape, and trash and debris.
DEVELOPMENT PROJECT NO. 2022-00007
February 28, 2022
The picture below is an example of inadequate property maintenance at the Anaheim Lodge.
General Trash and Debris Observed
Fire Department: Anaheim Fire & Rescue personnel generally respond to fires and medical emergencies. Since 2019, Anaheim Fire & Rescue responded to 35 calls for service for various medical emergencies. Specifically, there are calls for service related to drug overdoses/poisoning, seizures, mental/emotional/psychological issues, unconscious or unresponsive individuals, cardiac arrest, and even a fatal shooting in 2020 as previously referenced. Anaheim Fire & Rescue notes that a significant amount of resources are spent on Beach Boulevard including at the Anaheim Lodge which limits the availability of resources to other parts of the City.
On January 4, 2022, City staff met with the owners of four motels, including the Anaheim Lodge.
At this meeting, staff presented the owner with recommended guidelines for operation. This effort was an attempt to gain voluntary compliance with practices that would improve the motel property and reduce activities detrimental to public health and safety. While staff is encouraged by the owner’s expressed willingness to implement the recommended guidelines, staff believes it is prudent to memorialize these recommendations in the CUP to ensure long-term quality operations, and diminish public health and safety issues . Further, these conditions would remain with the property in perpetuity, ensuring consistent requirements if the property were to be sold to another entity. Accordingly, staff is recommending mo dification of the CUP to incorporate many of the aforementioned guidelines, as well as other operational requirements.
Revocation or Modification of Discretionary Permits: The Planning Commission may revoke or modify a conditional use permit if it finds that any of the following conditions exist:
1) That the approval was obtained by fraud;
DEVELOPMENT PROJECT NO. 2022-00007
February 28, 2022
2) That the use or variance for which such approval is granted is not being exercised within the time specified in such permit;
3) That the use or variance for which such approval was granted has ceased to exist or has been suspended or inoperative for any reason for a period of six (6) consecutive months or more;
4) That 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;
5) 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;
6) 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 findings for the original approval of such entitlement, as set forth in this chapter, no longer exist; or
7) 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.
A notice of this hearing before the Planning Commission on the proposed revocation or modification was mailed to the property owner on February 4, 2022. Staff also spoke on the phone with the property owner on February 7, 2022, informing him of the public hearing date and procedures. In accordance with Finding Nos . 4, 5, and 7, staff believes that the motel has been operating in a manner detrimental to the public health or safety, so as to constitute a nuisance, and that the imposition of additional conditions is reasonably necessary to protect the public peace, health, safety, and general welfare.
Staff recommends adding conditions to th e CUP to ensure operations that encourage property maintenance and discourage criminal activity. A draft resolution with a complete list of recommended conditions has been included as Attachment 1 . Conditions include, but are not limited to, the following:
• Provide a Security and Operations Plan for Police Department approval with annual review • Ensure minimum age of guest renting a room is 21 years • Ensure provision of 24-hour on-site management
• Ensure provision of daily cleaning service
• Prohibit short duration room rentals (12-hour minimum) • Ensure regular maintenance including landscaping, and removal or graffiti, trash, and drug paraphernalia
Environmental Impact Analysis: Staff recommends the Planning Commission find that the effects of the proposed project are Categorically Exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Section 15301, Class 1 (Existing Facilities) and Section 15321, Class 32 (Enforcement Actions by DEVELOPMENT PROJECT NO. 2022-00007
February 28, 2022
Regulatory Agencies). The Class 1 exemption consists of the repair, maintenance, and/or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of the use beyond that existing at the time of this determination. The Class 21 exemption consists of actions by regulatory agencies to enforce or revoke a lease, permit, license, certificate, or other entitlement for use issued, adopted, or prescribed by the regulatory agency or enforcement of a law, general rule, standard, or objective, administered or adopted by the regulatory agency. The proposed project is a request for revocation or modification of a conditional use permit for an existing motel therefore there is no expansion of the existing use in thi s enforcement action of an existing entitlement. Pursuant to Sections 15300.2 (c) , 15301, and 15321 of Title 14 of the California Code of Regulations, there are no unusual circumstances in respect to the proposed project for which staff would anticipate a significant effect on the environment and, therefore, the proposed project would be categorically exempt from the provisions of CEQA.
CONCLUSION: Staff believes that the lack of property maintenance and operation of the Anaheim Lodge is detrimental to p ublic health and safety , and recommends the Planning Commission modify the CUP to add new conditions of approval. In the event the property owner does not comply with these conditions, staff will continue to pursue compliance through Code Enforcement, CUP revocation, and/or the City Attorney’s office as necessary.
Prepared by, Submitted by,
Nick Taylor, AICP Niki Wetzel, AICP
Senior Planner Deputy Director of Planning and Building
Attachments:
1. Draft Planning Commission Resolution
2. Original Planning Commission Resolution
SP 2017-1
R-M
ANAHEIM LODGE
SP 2017-1
R-M
RAINBOW INN
SP 2017-1
R-M
SAHARA MOTEL
RS-2
SINGLE FAMILY RESIDENCE
SP 2017-1
R-M
COVERED WAGON MOTEL
SP 2017-1
R-M
MOTEL MOONLIGHT
SP 2017-1
R-M
ARAB AMERICAN
COMMUNITY CENTER
SP 2017-1
R-M
ROBIN HOOD MOTEL
SP 2017-1
R-M
COBBLESTONE
APARTMENTS
34 DU
SP 2017-1
R-M
LYNROSE MANOR
APARTMENTS
72 DU
SP 2017-1
MU- M
APARTMENTS 49 DU
SP 2017-1
R-M
COBBLESTONE
APARTMENTS
30 DU
SP 2017-1
R-M
LYNROSE MANOR
APARTMENTS
72 DU
SP 2017-1
R-M
SHADOW PARK INN
& SUITES
SP 2017-1
R-M
TRAVEL INN MOTEL
SP 2017-1
N-C
CAR WASH
SP 2017-1
N-C
SERVICE STATION
SP 2017-1
N-C
RETAIL
SP 2017-1
R-M
VILLA INN
SP 2017-1
MU- M
RETAIL
SP 2017-1
MU-M
BAYMONT INN & SUITES
SP 2017-1
MU-M
RAMADA LIMITED
SP 2017-1
R-M
STONYBROOK GARDEN
APARTMENTS
56 DU
SP 2017-1
MU-M
AUTO DEALERSHIP
SP 2017-1
MU-M
SINGLE FAMILY RESIDENCE
RM-2
CONDOMINIUMS/
TOWNHOUSES
5 DU
RS-2
SINGLE FAMILY RESIDENCE
SP 2017-1
MU-M
BAYMONT INN
& SUITES
RS-2
SINGLE FAMILY RESIDENCE
RS-2
SINGLE FAMILY RESIDENCE
RS-2
SINGLE FAMILY RESIDENCE
RS-3
SINGLE FAMILY
RESIDENCE
RS-3
SINGLE FAMILY
RESIDENCE
RS-2
SINGLE FAMILY RESIDENCE
RS-2
SINGLE FAMILY RESIDENCE
RS-2
SINGLE FAMILY RESIDENCE
RS-2
SINGLE FAMILY RESIDENCE
RS-2
SINGLE FAMILY RESIDENCE
RS-2
SINGLE FAMILY RESIDENCE
RS-2
SINGLE FAMILY RESIDENCE
RS-2
SINGLE FAMILY RESIDENCE
RS-2
SINGLE FAMILY RESIDENCE
RS-2
SINGLE FAMILY RESIDENCE
S BEACH BLVD
S BEACH BLVD
S HAYWARD ST
W ROME AVE
W GLEN HOLLY DR
W TERANIMAR DR
W LYNROSE DR
W STONYBROOK DR
W ROME AVE
W LYNROSE DR
W HAYWARD ST
S LASSEN CT
W. BALL RD
W. ORANGE AVE
S. DALE AVE
S. KNOTT AVE
. CERRITOS AVE
S. MAGNOLIA AVE
S. WESTERN AVE
W. BROADWAY
W. LINCOLN AVE W. LINCOLN AVE
837 S Beach Blvd
DEV No. 2022-00007
Subject Property
APN: 079-164-12
°
0 50 100
Feet
Aerial Photo:
May 2021
R-M
DEV-2022-00007
ANAHEIM LODGE
S BEACH BLVD
S BEACH BLVD
S HAYW
ARD ST
W ROME AVE
W GLEN HOLLY DR
W TERANIMAR DR
W LYNROSE DR
W STONYBROOK DR
S OAKCREST PL
W ROME AVE
W LYNROSE DR
W HAYWARD ST
S LASSEN CT
W. BALL RD
W. ORANGE AVE
S. DALE AVE
S. KNOTT AVE
W. LINCOLN AVE
. CERRITOS AVE
S. M
AG
NOLIA AVE
S. W
ESTERN AVE
W. BROADWAY
W. LINCOLN AVE
837 S Beach Blvd
DEV No. 2022-00007
Subject Property
APN: 079-164-12
°
0 50 100
Feet
Aerial Photo:
May 2021