RESOLUTION NO. 2022- 036
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING DEVELOPMENT PROJECT NO.
2022- 00008 AND MODIFYING CONDITIONAL USE PERMIT
NO. 2494, AND MAKING CERTAIN FINDINGS IN
CONNECTION THEREWITH
DEV2022- 00008)
920 SOUTH BEACH BOULEVARD)
WHEREAS, on November 24, 1975, and subject to certain conditions of approval, the PlanningCommissionof theCity of Anaheim ("PlanningCommission"), by its ResolutionNo.
PC75- 248, did approve Conditional Use Permit No. 1582 to construct a 22- room motel; on October 3, 1983, by its Resolution No. PC83- 183, did approve Conditional Use Permit No. 2494 to permit a 10-room expansionto the motel; and on July 17, 1989, by its Resolution No. PC89-188, did approve Conditional Use Permit No. 3179 to permit a 9-room expansion on that certain real property locatedat 920 SouthBeachBoulevard in theCity of Anaheim, as generallydepictedon the map attachedheretoasExhibit A and incorporatedherein by this reference (the "Property"); and
WHEREAS, Conditional Use Permit No. 3179 was never exercised by the property owner; and
WHEREAS, Planning Commission Resolution No. PC89-188 contained the following condition of approval:
111. The subject property shall be developed substantially in accordance with plans and specifications on file with the City of AnaheimmarkedExhibit Nos. 1through 3; provided, however, that kitchenefficiency unitsmay not beinstalledin nomorethantwenty- five percent (25%) of the motel units, with a maximum of 6-cubic foot refrigerators, two- bumer 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 0.51-acre Property is developed with a 32-room motel commonly referred to astheTravel Inn, that hasbeenoperatingsinceapproximately 1976and is ownedby The Ping Liu Family Trust, represented by Pravin Ahir (" Owner"); and WHEREAS, theProperty is locatedwithin theBeachBoulevard SpecificPlan (SP2017-1) ResidentialMedium DevelopmentArea, andthe Anaheim GeneralPlan designatesthe Property for Medium Density Residentialland uses; and
WHEREAS, overthepastseveralmonths, City staffbecameawareof publichealthand safetyissuesthat exist as a result of the motel operationsincluding, but not limited to, increased criminal activity and calls for emergency medical service; and WHEREAS, on December21, 2021 the City provided written notice to Owner that the Propertywas consideredaNuisancepursuantto Anaheim Municipal Code Section6.44.010.0709.
OnFebruary4, 2022, theCity providedwrittennoticeto theOwneradvisingthatahearingwould be held on February 28, 2022, at which time staff would requestthat the Planning Commission abate the nuisance and revoke or amend the Original CUP to add conditions of approval to ensure the useoperatesin a mannerthat is not detrimentalto public healthand safety; and WHEREAS, the PlanningCommissiondid hold apublic hearingat theCivic Center in the City of Anaheim on February28, 2022, notice of said public hearing having beenduly given as requiredby law and in accordancewith the provisions of Chapter18.60 of the Code, to hearand considerevidencefor and againstsaidproposedconditional usepermit amendmentor 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 itselfandin its behalf, andafterdueconsiderationof all evidenceandreportsofferedat said hearing with respectto the Original CUP, adoptedResolution No. PC2022-048 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 Pravin Abir ( the " Appellant"); and WHEREAS, thereafter, theCity Councildid setthematterfor a denovohearing, which public hearingwasduly noticedin the mannerprovided by law; and WHEREAS, the City Council did hold a public hearingat the Civic Centerin the City of Anaheim on April 12, 2022 at 5:30 p.m., noticeof saidpublic hearinghaving beenduly given as requiredby lawandin accordancewith theprovisionsof Chapter18.60of theCode, anddid give all personsinterestedthereinanopportunity to beheard, anddid receiveevidenceandreports, and did considertherecommendationsand action of thePlanningCommissionpursuantto theappeal provisions setforth in Chapter 18.60 of theCode; and
WHEREAS, at saidpublic hearing, this City Council, after due inspection, investigation and study madeby itself andin its behalf, andafterdueconsiderationof theall evidenceand reports offered at said hearing with respect to Conditional Use Permit No. 2494, does find and determinethe following facts:
1. The permit grantedis being, or recently hasbeen, exercisedcontrary to the termsor conditions of suchapproval, or in violation of any statute, ordinance, law, or regulation, because asa result of motel operationstherehasbeencriminal activity including, drug useand sales, and gambling on the Property.
2. Theusefor which theapprovalwasgrantedhasbeensoexercisedasto bedetrimental to the public health or safety, or so as to constitute a nuisance. The motel has operated at this locationfor over45yearsandthisapprovalincludesadditionalconditionsof approvalthatwill serveto reducecriminal activity on thePropertythat hasbeendetrimentalto thepublic healthand safetyof the surroundingcommunity, including drug abuse, assault, andgambling.
3. That anysuchmodification, including theimposition of any additionalconditions, is reasonablynecessaryto protectthe public peace, health, safety, or generalwelfare, or necessary to permit reasonable operation under the permit as granted.
WHEREAS, the City Council determinesthat the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts statedin this Resolutionare supportedby substantialevidencein the record, including testimonyreceivedat the public hearing, the staff presentations, the staff report andall materials in the project files. There is no substantialevidence, nor are thereother facts, that negate the findings made in this Resolution. The City Council expressly declares that it considered all evidencepresentedand reachedthesefindings after due considerationof all evidencepresented to it.
NOW, THEREFORE, BE IT RESOLVED that the City Council doesherebyapprovethe modification of Conditional Use PermitNo. 2494basedon thefollowing findings:
1. Thepermit grantedis being, or recentlyhasbeen, exercisedcontrary to thetermsor conditions of suchapproval, or in violation of any statute, ordinance, law, or regulation, because as a result of motel operations there has been criminal activity including, drug use and sales, and gambling onthe Property.
2. The usefor which theapprovalwasgrantedhasbeensoexercisedasto bedetrimental to the public health or safety, or so as to constitutea nuisance. The motel has operatedat this location for over 45 years andthis approval includesadditional conditions of approval that will serve to reduce criminal activity on the Property that has been detrimental to the public health and safetyof thesurroundingcommunity, including drug abuse, assault, andgambling.
3. Thatanysuchmodification, includingtheimpositionof anyadditionalconditions, is reasonablynecessaryto protectthepublicpeace, health, safety, or generalwelfare, or necessary to permit reasonableoperationunderthepermit asgranted.
BE IT FURTHER RESOLVED that this City Council does hereby approve Development ProjectNo. 2022-00008, therebymodifying theOriginal 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 approvedwithout limitations on the durationof theuse. Amendments, modifications, andrevocationsof thispermitmaybeprocessed 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 governedby the provisionsof Section1.12.100of theAnaheimMunicipalCodeandthe time withinwhichjudicial reviewof final decisionsmustbesoughtis governedby Section1094.6 of theCodeof Civil ProcedureandAnaheim City Council ResolutionNo. 79R-524.
THE FOREGOINGRESOLUTIONis approvedandadoptedby theCity Councilof the City of Anaheimthis 12 dayof April , 2022, by the following roll call vote:
AYES: Mayor Sidhu and Council Members O' Neil, Was,
Moreno, Valencia and Faessel
NOES: None
ABSENT: None
ABSTAIN: Council Member Diaz ( recusal)
CIT
In
CITY CL RK OF THE CITY OF ANAHEIM
EXHIBIT " A"
DEV NO. 2022- 00008
Exhibit B
NO. CONDITIONS OF APPROVAL REVIEW BY
TO BE COMPLETED WITHIN 30 DAYS OFAPPROVAL
I. Security and Operations Plan: Within 30daysof the Police adoptionof thisresolution, thepropertyownershallprocure Department the services of a licensed security services company to prepare aSecurityandOperationsPlanandshallsubmittheplanfor
review andapprovalby the Anaheim Police Department.
Annual Review: The property owner shallbe responsiblefor coordinatinganannualreview of the SecurityandOperations Plan as specified below in Condition No. 9.
Plan Requirements and Procedures: The Security and
Operations Plan shall be implemented within 90 days of the adootion ofthis resolution; and shall include, but not be limited to, the following:
Theproposednumberof licensedsecuritypersonnel,
daysandhoursof on -site securitypatrol, asdetermined
adequate by the Anaheim Police Department.
The rolesandresponsibilitiesof securitypersonnel,
includingexpectationsfor communicationand
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, atminimum, theperimeter building andaccess
routeprotection, highvaluedstorageareas, and
perimeter fencing andsecuritygates.
A videosurveillanceplanincludingaminimumof 30-
day video storagerequirement, descriptionof thetype,
number, and location of security cameras. The
surveillancesystemshallcover, at minimum, lobby
entrances, building perimeters, andparking areas.
Lighting Plandesignedto ensurethat parking lots,
passageways, recesses, andgroundscontiguousto
buildings shall beprovided with sufficient lighting to
makeclearlyvisiblethepresenceof anypersononor
aboutthe premisesduring the hoursof darknessand
Exhibit B
provide a safe, secure environment for all person,
property, and vehicles on -site.
GuestandVehicle RegistryPoliciesand Procedures.
All guestsandtheir visitors mustregisteratthe office
before entering the premises. Unregistered visitors shall besubjectto prosecutionfor trespassing. At
registration, eachguestshall showtwo piecesof I.D.,
one of which must be a drivers license or other type of governmentissuedphoto identification. The following
information shall be included in the completed
registration:
o full time
o home address
o home telephone number
o date of birth
o governmentID numberandID type
o state and country of ID issuance
o time of arrival
o number of assigned or visited room
o lengthof stay
o room rates
A copy of eachform of identification shallbekept by
the owner/ manager with the registration information.
Vehicle registrationinformation that shall bekept 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 alamt activation. This form is available at the Police Department front counter, or at:
htty:// www. anaheim. net/ 260/ Alarm- Pemits
The property ownershall beresponsiblefor arrangingan
inspection and approval for this system within 30 days of the adoption date of this resolution.
3. Rooftop Address: Within 30daysof the adoptionof this Police
Department
resolution, theproperty owner shallprovide rooftop address numbersto bevisible by the policehelicopter. 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- inchesapart. Numbersshall bepaintedor constructedin a
Exhibit B
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 propertyowner shallensure Code
Enforcement
addressnumbers are positioned so as to be readily readable from thestreet. The numbersshall beilluminated 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 heightof 4". The propertyowner shall arrangeinspectionby the Police Department within 30 days of the adoption of this resolution.
5. NoTrespassingSigns: Thepropertyownershallinstallsigns Code
Enforcement
containingthewords "No Trespassing602(k) P.C." postedat the entrances of parking lots and located in other appropriate places. Signsshall beat least2 feet x 1feet in overall size, with white backgroundandblack 2 inch lettering. The
property owner shallarrangeinspectionby CodeEnforcement within 30 days of the adoption of this resolution.
6. Parking Enforcement Signs: Theproperty owner shall install Code
Enforcement
signsatall entrancesto parkingam per22658(a) C. V.C., to assist in removal of vehicles at the property at the
owners/managersrequest. The propertyowner shall arrange inspectionby CodeEnforcementwithin 30 daysof the
adoption of this resolution.
7. Criminal Activity Signs: Within 30 daysof theadoptionof Code
Enforcement
this resolution, theproperty ownersshall postat leastthree (3) large signs in visible and conspicuous locations around the outsideof the premises. The signsshouldreadasfollows:
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."
Termination of CUP 3179: Within 30 days of the adoption of Planning & this resolution, theproperty owner shallsubmit a letter to the Building I8.
PlanningandBuilding Director requestingthetermination of Department,
CUP 3179, which was never exercised.
sPlanning Services
Division
Exhibit B
OPERATIONAL CONDITIONS
9. Annual Review: The Securityand OperationsPlan, along Police
with an updated and executed contract with the licensed Department
security serviceshall be providedto the AnaheimPolice
Departmentannually. Theproperty owner shallcoordinatean annual meeting with the Anaheim Police Department to
review andmodify the SecurityandOperationsplan, with any modifications determined to be necessary by the Anaheim Police Department. The applicant shall coordinate the annual review on or beforethe anniversarydateof the adoptionof this resolution.
10. On -Site Manager: The property owner shall ensure that a Police
manager is present on the property at all times and provides Department
effective managementandcontrol of theproperty. The
property owner shall requireregular inspectionand
supervisionof thepremisesby themanager. Theproperty
owner shall employ only thosepeoplewho havehad a
backgroundcheckperformedandwho haveno history either
by arrestor conviction for any narcotics, prostitution, weapons, or violent offense.
11. Criminal Activity: The propertyowner, propertymanagers, Police
Department
andall employeesmustreportany illegal activitiesto 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 anyway, any illegal activities including, but not limited to, reportingpolice arrivalsto personswith criminal acts or intent and/or accepting any form of payment that would persuade such person to act in favor of criminal
activity.
12. Loitering or Prostitution: The propertyowner andproperty Police
Department
managersshallensurethat roomsare not allowed for useby
personsengagedin criminalactivity, includingloiteringfor thepurposeof engagingin prostitution or thehousingand/or business use of sex workers.
13. Rental Duration: The property owner shall ensure that rooms Police
shall not berented, let, or occupiedby any individual for Department
nods of less than twelve 12 consecutive hours. Rooms
Exhibit B
shall not be discounted for the rental of rooms for less than a 24-hour period. All daily room rates shall apply.
14. Vehicle Registration: The property owner shall ensure that an Police
on -site managerandsecurityservicemonitorstheparking lot Department
andthat only vehiclesthat have beenregisteredmay be parked in thelot. A parking permit will be issuedandmust be
displayedon the dashboard. Vehicleswithout permitsshallbe towed atthe owner'sexpense. All vehiclesmustbeparked
front -first into the parking spaces. No " back -in" parking is allowed.
15. Guest Age: The propertyowner shall ensurethatan on -site Police
manager does not allow anyone under the age of 21 to rent a Department
room.
16. Daily Cleaning Schedule: The property ownershall ensure Code
Enforcement
that every occupiedroom is cleaneddaily. Eachroom shallbe postedwith anoticethatdailyroomcleaningserviceis
required.
17. 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 includea provision that statesthat any
violation of the rules is groundsfor eviction andthat therules will be strictly enforcedin an effort to createa safe
environmentfor all concerned; requireeachpatronand guest to review andsigna copy of the rulesto beplacedin the
appropriateroom file to ensureeachperson's awarenessof 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.
18. Property Maintenance: The property owner shall ensure that Code
Enforcement
the property is permanently maintained in an orderly fashion throughtheprovision of regular landscapingmaintenance, and removal of trash, debris, or drug paraphernalia.
19. Graffiti Removal: The property owner shall ensure that any Code
Enforcement
graffiti paintedor markeduponthe premisesor on any
adjacent area under the control of the property owner shall be removedor paintedover within 24 hours.
20. Parking Areas: The property owner shall not fence or enclose Code
Enforcement
for storagepurposesany arearequiredfor parking.
Exhibit B
21. The propertyownersshall defend, indemnify, andhold Planning & harmlessthe City andits officials, officers, employeesand Building agents (collectively referredto individually andcollectively as Department Indemnitees") from any and all claims, actions or Planning ServicesproceedingsbroughtagainstIndemniteesto attack, review, set Division aside, void, or annul the decision of the Indemnitees
concerningthis permit or anyof theproceedings, actsor
determinations taken, done, or made prior to the decision, or to determinethe 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 costsawardedagainstor incurredby Indemniteesand
costsof suit, claim or litigation, including without limitation attomeys' fees and other costs, liabilities and expenses incurredby Indemniteesin connectionwith suchproceeding.
22. The property shall be developed substantially in accordance Planning & with plans and specificationssubmittedto theCity of Building Anaheim by theapplicant andwhich plansareon file with the Department, PlanningDepartmentandasconditionedherein. PlanningServices 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. 2022-036 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
INWITNESS WHEREOF, I have hereunto set my hand this 13th day of April. 2022.
CITY CL RK OF THE CITY OF ANAHEIM
SEAL)