RESOLUTION NO. 2072- 035
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 PlanningCommissionof the City of Anaheim ("PlanningCommission"), by its ResolutionNo.
PC81- 201, did approve Conditional Use Permit No. 2237 to construct a 45- room motel ( herein referredto as the "Original CUP") on that certain real property locatedat 837 South Beach Boulevardin theCity of Anaheim, asgenerallydepictedonthemapattachedheretoasExhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, PlanningCommissionResolutionNo. PC81-201 containedthe 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. Thatsubjectpropertyshallbedevelopedsubstantiallyin accordance with plansandspecificationson file with theCity of Anaheimmarked Revision No. 2 of Exhibit Nos. 1 through 3; provided; however, that kitchenefficiency units may be installedin no morethan 25% of the units, with a maximum of 6-cubic foot refrigerators; two- burner stoves, excludingoven and baking facilities; and single compartmentsinks; 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 collectivelyasthe "PreviousConditionsof Approval"; and
WHEREAS,the0.75-acrePropertyis developedwith a45-roommotelcommonlyreferred to as the AnaheimLodge, that hasbeenoperatingsinceapproximately1984andis ownedby ShivamHotel, LLC, representedby MahendraAhir(" Owner"); and WHEREAS,thePropertyis locatedwithin theBeachBoulevardSpecificPlan(SP2017-1) Residential Medium Development Area, and the Anaheim General Plan designatesthe Property for Medium Density Residential land uses; and
WHEREAS, overthe pastseveralmonths, City staff becameawareof public healthand safetyissuesthatexistasa resultof themoteloperationsincluding, butnotlimitedto, increased criminal activity andcallsfor emergencymedicalservice; and WHEREAS, on December21, 2021the City providedwritten noticeto Ownerthat the PropertywasconsideredaNuisancepursuanttoAnaheimMunicipalCodeSection6.44.010.0709.
OnFebruary4,2022,theCityprovidedwrittennoticetotheOwneradvisingthatahearingwould be heldon February28, 2022, at which time staff would requestthat the PlanningCommission abatethe nuisanceand revoke or amendthe Original CUP to add conditions of approval to ensure theuseoperatesin amannerthatis not detrimentalto publichealthandsafety; and WHEREAS,thePlanningCommissiondid holdapublic hearingattheCivic Centerin the City of Anaheimon February28, 2022, noticeof saidpublic hearinghavingbeenduly givenas requiredby law andin accordancewith theprovisionsof Chapter18.60 of the Code, to hearand consider evidence for and againstsaid proposedconditional usepermit amendmentor revocation and to investigate and make findings andrecommendationsin connection therewith; and WHEREAS,thePlanningCommission,afterdueinspection, investigationandstudymade byitselfandin its behalf, andafterdueconsiderationof all evidenceandreportsofferedatsaid hearingwith respectto the Original CUP, adoptedResolutionNo. 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 appealof the Planning Commission's action were filed by FrankA. Weiseron behalf of MahendraAhir ( the "Appellant"); and WHEREAS, thereafter, theCity Councildid setthematterfor a denovohearing, which publichearingwasduly noticedin themannerprovidedby law; and WHEREAS, theCity Council did hold apublic hearingat theCivic Centerin theCity of Anaheimon April 12, 2022at 5:30 p.m., noticeof saidpublichearinghavingbeenduly givenas requiredbylawandin accordancewiththeprovisionsof Chapter18.60of theCode, anddidgive all personsinterestedthereinanopportunitytobeheard,anddidreceiveevidenceandreports,and did considertherecommendationsandactionof thePlanningCommissionpursuantto theappeal provisionssetforth in Chapter18.60of theCode; and
WHEREAS, at saidpublic hearing, thisCity Council, after due inspection, investigation and studymadeby itselfandin its behalf, andafterdueconsiderationof theall evidenceand reportsofferedat saidhearingwith respectto ConditionalUsePermitNo. 2237, doesfind and determinethe following facts:
1. Thepermitgrantedis being, or recentlyhasbeen,exercisedcontraryto thetermsor conditionsof suchapproval, or in violation of anystatute, ordinance, law or regulation, because asaresultof moteloperationstherehasbeencriminalactivity includingassault,battery,druguse, firearms possession, and a homicide that occurred in April 2020 on the Property.
2. The use for which the approvalwas grantedhas beenso exercisedas to be detrimentalto thepublichealthor safety,or soasto constituteanuisance. Themotelhasoperated at this locationfor over30yearsandthis approvalincludesadditionalconditionsof approvalthat will serveto reducecriminalactivity onthePropertythathasbeendetrimentalto thepublic health andsafetyof thesurroundingcommunity,includingassault,battery,druguse,firearmspossession, and a homicide that occurred in April 2020.
3. Thatanysuchmodification, includingtheimpositionof anyadditionalconditions, isreasonablynecessaryto protectthepublicpeace,health,safety,or generalwelfare,or necessary to permitreasonableoperationunderthepermitas.granted.
WHEREAS, the City Council determinesthat the evidencein the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the factsstatedin this Resolutionaresupportedby substantialevidencein the record, including testimonyreceivedat the public hearing, thestaff presentations, the staff reportandall materials in theproject files. Thereis no substantialevidence, nor arethereother facts, that negate the findings made in this Resolution. The City Council expresslydeclaresthat it consideredall evidencepresentedandreachedthesefindings after dueconsiderationof all evidencepresented to it.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve the modification of Conditional Use Permit No. 2237 basedon the following findings:
1. Thepermitgrantedis being,or recentlyhasbeen, exercisedcontraryto thetermsor conditionsof suchapproval, or in violation of any statute, ordinance, law or regulation, because asaresultof moteloperationstherehasbeencriminalactivity includingassault,battery,druguse, firearmspossession,anda homicidethatoccurredin April 2020ontheProperty.
2. The use for which the approvalwas grantedhas been so exercisedas to be detrimentalto thepublichealthor safety,or soasto constituteanuisance. Themotelhasoperated atthis locationfor over30yearsandthis approvalincludesadditionalconditionsof approvalthat will serveto reducecriminal activity onthePropertythathasbeendetrimentalto thepublic health andsafetyof thesurroundingcommunity,includingassault,battery,druguse,firearmspossession, and a homicide that occurred in April 2020.
3. Thatanysuchmodification, includingtheimpositionof anyadditionalconditions, isreasonablynecessaryto protectthepublicpeace,health,safety,or generalwelfare,or necessary to permitreasonableoperationunderthepermitasgranted.
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 PreviousConditions of Approval in their entirety and, therefore, reflect the amendmentand 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 processedinaccordancewithChapters18.60.190(AmendmenttoPermitApproval)and18.60.200 City-InitiatedRevocationorModificationof Permits)of theAnaheimMunicipalCode.
BE IT FURTHERRESOLVEDthatthetime within which a rehearingmustbe soughtis governedby theprovisionsof Section1.12.100of theAnaheimMunicipalCodeandthetime withinwhichjudicialreviewof finaldecisionsmustbesoughtis governedby Section1094.6 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 )
CITYO tIAHEIM
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By:
Al HE T,Y 0 ANAHEIM
EST:
CITY CLE K OF THE CITY OF ANAHEIM
EXHIBIT " A"
DEV NO. 2022- 00007
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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 servicesof a licensed security servicescompany to prepare a Security and Operations Plan and shall submit the plan for review and approval by the Anaheim Police Department.
Annual Review: Thepropertyownershallberesponsiblefor
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 implementedwithin 90 days of the adoption of this resolution; and shall include, but not be limited to, the following:
Theproposednumberof licensedsecuritypersonnel,
days and hours of on-site security patrol, asdetermined adequateby the Anaheim Police Department.
The roles and responsibilities of security personnel,
including expectationsfor 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 storageareas, and
perimeterfencingandsecuritygates.
A video surveillance plan including a minimum of 30-
day video storagerequirement, 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 designedto ensurethat parking lots,
passageways,recesses, and grounds contiguous to
buildings shall be provided with sufficient lighting to make clearly visible the presenceof any personon or
about the premises during the hours of darkness and
Exhibit B
providea safe, secureenvironmentfor all person,
property, and vehicles on-site.
Guestand Vehicle Registry Policies andProcedures.
All guestsand their visitors must register at the office beforeenteringthepremises. Unregisteredvisitorsshall
be subject to prosecution for trespassing. At
registration, eachguest shall show two piecesof I.D.,
one of which must be a driver' s license or other type of government issuedphoto 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 governmentID numberandID type
o stateand country of ID issuance
o time of arrival
o number of assigned or visited room
o length of stay
o room rates
A copyof eachform of identificationshallbekeptby
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
Thepropertyownershallberesponsiblefor arrangingan
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
numbersto 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 arrangeinspection 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 Trespassing602( k) P. C." posted at Enforcement
the entrancesof 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 arrangeinspection 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
assistin removal of vehicles at the property at the
owners/managersrequest. 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 asfollows:
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 Departmentannually. Thepropertyownershallcoordinatean
annual meeting with the Anaheim Police Department to
review and modify the Security and Operations plan, with any modifications determined to be necessaryby 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 managementand control of the property. The
propertyownershallrequireregularinspectionand
supervision of the premisesby the manager. The property owner shall employ only those people who have had a
background check performed and who have no history either by arrestor 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
engagingin criminal activity or who have beenpreviously arrestedon or adjacentto the motel premises. The property owner, property managers,and all employeesshall not engage in, or aid in any way, any illegal activities including, but not limitedto, reportingpolicearrivalsto personswith criminal acts or intent and/ or accepting any form of payment that Exhibit B
would persuadesuch personto 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
personsengagedin 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 lessthan twelve ( 12) consecutivehours. Rooms shall not be discounted for the rental of rooms for less than a 24-hour period. All daily room ratesshall 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 beenregisteredmay be parked in the lot. A parking permit will be issuedandmust 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 Therulesshallincludea provisionthatstatesthatany
violation of the rules is grounds for eviction andthat the rules will be strictly enforced in an effort to createa safe
environment for all concerned; require eachpatron and guest to review and sign a copy of the rules to be placed in the appropriate room file to ensureeachperson's awarenessof the rules; place an additional copy of the rules on the inside door of the room or in someother conspicuousplace 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
throughtheprovisionof regularlandscapingmaintenance, 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
adjacentareaunder 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
concerningthispermitor anyof theproceedings,actsor
determinations taken, done, or madeprior to the decision, or to determinethereasonableness, legalityor validity of any condition attached thereto. The Applicant' s indemnification is intended to include, but not be limited to, damages, fees and/or costs awardedagainst or incurred by Indemniteesand costsof 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)