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Resolution-PC 99-196RESOLUTION NO. PC99-196 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION REVOKING CONDITIONAL USE PERMIT NO. 2231 WHEREAS, on August 10, 1981, the Anaheim City Planning Commission adopted Resolution No. PC81-170 to permit a 43-unit motel in the CL "Commercial, Limited" zone with waiver of maximum structural height; and that on May 10, 1999, Commission modified this use permit by adding certain conditions of approval intended to remedy the numerous Code violations existing on the property; and, upon appeal by the property owner, on July 13, 1999 the City Council adopted Resolution No. 99R- 156 and upheld Commission's modification of this use permit; and WHEREAS, the property is developed with a 41-unit, two-story motel (Rainbow Inn) in the CL "Commercial, Limited" zone; that the General Plan designates the property for General Commercial land uses; and that the property is located in the West Anaheim Commercial Corridors Redevelopment Area; and WHEREAS, Condition No. 23 of Resolution 99R-156, above-mentioned, specifies that a public hearing be scheduled within six months from the date of said resolution to consider modification and/or revocation; and WHEREAS, the City Planning Commission did hold a pubiic hearing at the Civic Center in the City of Anaheim on November 8, 1999 at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for an~ against said proposed modification and/or revocation and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself a~id in its behalf, and after due consideration of all evidence and rpports offered at said hearing, including the November S, 1999 Staff Report to the Planning Commission plus attacnments, does find and determine the following facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by the Anaheim Municipal Code and that modification or revocation of subject use permit is authorized under Section Nos. 18.03.091 and 18.03.092 of the Anaheim Municipal Code. 2. That this conditional use permit is hereby revoked based upon evidence submitted at the public hearing, including that the use permit, as approved and modified, is being or recently has been exercised contrary to the terms or conditions of such approval and/or modification, and in violation of certain statutes, ordinanc~s, laws and/or regulations. 3. That the use for which the approval was granted and modified has been so-exercised as to be detrimental to the public health oc safety, or so as to constitute a nuisance; 4. That the use, as it is being exercised, has adversely affected the adjoining land uses and the grnwth and deveiopment of the area in which it is located. 5. That the size and shape of the site for the use, as it is being exercised, is not adequate to allow full development oF the use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare of the Citizens of the City of Anaheim. 6. That the traffic generated by the use, as it is being exercised, has imposed an undue burden upon the streets and highways designed and improved to carry the tra~c in the area. CR3804PK.DOC -1- PC99-196