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Resolution-PC 97-44~ ~ RE ,QLUTION NO. PC97-d4 A RESOLUTION OF THE ANAHEIM CITY PLAN~EING GOMMISSION REVOKING RESOLUTION NO. PC81-B9 AND TERMINATING ALL PROCEEDINGS fN CONNECTION WITH CONDITIONAL USE PERMIT NO. 2199 WHEREAS, on April 18, 1960, the Planning Commisslon adopted Resolutlon No. 235, Series 1959~60 in connectfon with Variance No. 1229 to construcc and operate a 70-unft motel and coffee shop at 823 South Beach Boulevard; WHEREAS, on Ap~il 20, 196i, tha Ranning Commfssion adopted Resolu[ton No. PC81-891n connectbn wfth Conditional Use PermR No. 2199 to permft a cocktail lounge in the existing motel wfth waiver ofi the minimum n~mber of paricing spaces; WHEREAS, subject property is developed wfth a 70-unit motel (Covered Wagon Motel) tn the CL (Commercial, Limfted) Zone. WHEREAS, on March 17,1997, the Planning Commisslon dfrected that Conditiona! Use Permit No. 2199 be scheduled for public hearing to consider the revocatio~ or modiflcatton therefor due to the use for which approvat was granted being exercised in a manner which may be detrimental to the publ(c heaith, peace, safety or welfare, so as to constftute a public nuisance, under the authority of Sections 18.03.091 and 18.03.092 of the Anaheim Municipal Code; WHEREAS, the Cfty Plann(ng Commission did hdd a pubiic hearing at the CNic Center in the Ciry of Anaheim on Aprll 28, 1997, at 1:30 p.m., notice of sald public hearing having bee~ duly given as required by Iaw and in accordance with the provisions of the Anaheim Munictpal Code, Chapter 18.03, to hear and conslder evidence for and against said proposed amerulment and to Irnestigate and make flndings and recommendations tn connection therewith; and WHEREAS, satd Commission, after due inspectfon, investigation and study made by ftself and in Rs behalf, and after due consideratlon of all evidence and reports offered at said hearing, dces flrxl and determine the fdlowing facts: 1. That, in accordance with Section 18.03.092.030 of the Anahefm Municipal Code, a condftionai use p~rmit m~y be terminated on the basis that the use for whtch such approval was grantai has ceased to exist or has been suspended for one yeur or more; 2. That based on thA testimony received during the public hearing, including the Staff Report to the Planning Commission dated April 28, 1997, it is evldent that the use (a cockta~l lounge in an existin~ motel with a parking waNer) permitted tn connectlon with Conditional Use PeRnft No. 2199 does not exist and/or has ceased to exist and/or has been suspended tor one year or more; and 3, That one (1) person fndicated her presence at said pubtic hearing (n favor of the proposed revocation or modKication; that four people indicated their presence In opposition to the proposal; and that no correspondence was receNed regarding the proposal. c'ALIFORNIA ENVIRONMENTAL QUAUTY ACT FINGING: The Planni~ig Director's authorized representative has determined that the proposed proje~.^t falls wfthin the deflnftion of Categorical Exemptions, qass 21, as dRfined in the Siate Environmernal Impact Report (EIR) Guideiines and is, therefore, categorically exempt nom the requirement to prepare an E!R. CR28t32PLWP -1- PC97-44 ~ ~ T~IEREFORE, BE IT RESOLVED that the Maheim City Planning Commission does hereby revoke Resdution No. PC81-89, adopted in connection wfth Condftfonai Use Permft No. 2199. THE FOREGOING r~ESOLUTION was adopted at~n Commfssion meetfng of April 2B, 1997. CHAIRPERSON, ANAHEIM PLANNING COMMISSION ATTEST: SECRETARY, EIM CITY PLANNING COMMISSION STATE OF CAUFORNIA ) GOUMY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Margarita Sdorio, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolutlon was pessed and adopted .:t a meetfng of the Anaheim Gfry Planning Commission held on April 28, 1997, by the fdlowing vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, HENNINGER,MESSE, PERA7A NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MAYER ItJ WITHESS'NHEREOF, I have hereunto set my hand this ~0~ day of _~%, 1997. \~~'n.W UA T ~ SECRET Y, AN HEIM CITY PLANNING COMMISSION ~ -2- PC97-44