CITY COUNCIL AGENDA REPORT
City of Anaheim
PLANNING AND BUILDING DEPARTMENT
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
DATE: MAY 24, 2022
FROM: PLANNING AND BUILDING DEPARTMENT
SUBJECT: REQUEST FOR REHEARING - MODIFICATION OF
CONDITIONAL USE PERMIT NO. 2494 RELATING TO A
MOTEL AT 920 SOUTH BEACH BOULEVARD (TRAVEL
INN)
ATTACHMENT (Y/N): YES ITEM # 07
RECOMMENDATION:
That the City Council, by Motion, deny the request for a rehearing of the City Council’s decision on April 12, 2022, modifying Conditional Use Permit (CUP) No. 2494, to add conditions of approval for an existing motel at 920 South Beach Boulevard (Travel Inn).
DISCUSSION:
On February 28, 2022, following a public hearing, the Planning Commission approved the subject modification to the CUP. Within the time prescribed by law, the Planning Commission’s decision was appealed to the City Council by Mr. Frank A. Weiser (the “Appellant/Petitioner”).
At its meeting on April 12, 2022, the City Council held a public hearing to consider the action of the Planning Commission, to receive evidence and reports, and to provide all interested persons an opportunity to be heard. After consideration of all the information presented at the public hearing, the City Council denied the appeal of the item and upheld the Planning Commission’s decision to modify the CUP on a 6-0 vote (Council Member Diaz recused).
On April 25, 2022, Mr. Weiser, submitted a Request for Rehearing and Declaration of Merit (Attachment 1). Mr. Weiser claims the same grounds for rehearing as argued in his previous appeal letter dated March 7, 2022 (Attachment 2), as well as the First Amendment Freedom of Association Clause, the Fourth Amendment Search and Seizure Clause, Fifth Amendment Takings Clause, the Fourteenth Amendment’s substantive and procedural Due Process Clause, the Equal Protection Clause of the U.S. Constitution, and the U.S. Constitution’s Contract Clause.
Conditional Use Permit No. 2494
May 24, 2022
The request for rehearing is prompted by Section 1.12.100 of the Anaheim Municipal Code, which provides that any person aggrieved by a decision made by the City Council as a result of a proceeding in which by law a hearing is required to be given, evidence is required to be taken and discretion in the determination of facts is vested in the City Council, shall, as a prerequisite to seeking any judicial review or relief relating to such order or decision, request a rehearing of such matter by the City Council whenever certain specified grounds exist. Specifically, the Anaheim Municipal Code lists four grounds for rehearing as follows:
1. That the City Council has proceeded without, or in excess, of its jurisdiction;
2. That there was not a fair hearing and the petitioner was thereby deprived of any rights;
3. That there was a prejudicial abuse of discretion by the City Council within the meaning of Section 1094.5 of the Code of Civil Procedure of the State of California; or
4. That there was relevant evidence which, in the exercise of reasonable diligence, could not have been produced by the petitioner, or which was improperly excluded by the City Council, at the hearing.
Staff has reviewed the affidavit submitted in support of the request for rehearing and recommends that the request be denied as the Petitioner has not raised issues that would mandate a rehearing. Regarding the first and second grounds for rehearing, the City Council was authorized by the Anaheim Municipal Code to conduct a public hearing on appeal of the Planning Commission decision, and the Appellant was provided a fair hearing. Proper notice of the public hearing was provided, and the hearing was conducted in accordance with the procedural due process. Regarding the third grounds for rehearing, no evidence of prejudicial abuse of discretion was provided by the Petitioner. The Petitioner did not raise concerns related to the fourth grounds for rehearing.
IMPACT ON BUDGET:
The costs to process this CUP modification, appeal, and rehearing request are included in the Planning and Building Department’s FY 2021/22 General Fund budget.
Respectfully submitted,
Ted White
Planning and Building Director
Attachments:
1. Request for Rehearing and Declaration of Merit from Frank A. Weiser
2. Appeal of Planning Commission’s Decision
3. City Council Resolution No. 2022-036