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<br />KO - 06/14/04 <br /> <br />RESOLUTION NO. 2004-044 <br /> <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF <br />SANTA ANA DENYING CONDITIONAL USE PERMIT NO. <br />2004-06 SEEKING TO ALLOW AN AUTOMOBILE <br />SERVICE USE FOR THE PROPERTY LOCATED AT 1935 <br />EAST SEVENTEENTH STREET (APPEAL NO. 2004-06) <br /> <br />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS <br />FOLLOWS: <br /> <br />Section 1. The City Council of the City of Santa Ana hereby finds, determines <br />and declares as follows: <br /> <br />A. <br /> <br />B. <br /> <br />The applicant, America's Tire Company, is requesting approval of <br />Conditional Use Permit No. 2004-06 to allow an automobile servicing use <br />in the Arterial Commercial (C5) zoning district at 1935 East Seventeenth <br />Street. <br /> <br />Conditional Use Permit No. 2004-06 came before the Planning <br />Commission of the City of Santa Ana for a duly noticed public hearing on <br />May 10, 2004. The Planning Commission, by a vote of 5:2 (Nalle and <br />Sinclair opposed) voted to deny Conditional Use Permit No. 2004-06. <br /> <br />On, June 21, 2004 the City Council of the City of Santa Ana held a duly <br />noticed public hearing on Conditional Use Permit No. 2004-06 (Appeal No. <br />2004-06). <br /> <br />Santa Ana Municipal Code Section 41-424.5 (f) of the Santa Ana Municipal <br />Code (SAMC) allows automobile servicing subject to the issuance of a <br />conditional use permit of the Santa Ana Municipal Code (SAMC). <br /> <br />Santa Ana Municipal Code Section 41-638 authorizes the City Council to <br />grant a conditional use permit upon making certain findings. The City <br />Council determines that the findings necessary to grant a conditional use <br />permit have not been established: <br /> <br />1. Will the proposed use provide a service or facility, which will <br />contribute to the general well being of the neighborhood or the <br />community? <br /> <br />The proposed tire store will not contribute to the general well <br />being of the neighborhood and the community because it is <br />providing another automotive service to an area that is <br />already saturated with tire stores (6 tire stores within one <br />mile of this location and 17 tire stores within two miles). <br />Additionally, because of the noise impacts associated with <br />the operation of the tire store, the proposed use is not <br /> <br />C. <br /> <br />D. <br /> <br />E. <br /> <br />758-52 <br /> <br />Resolution No. 2004-xx <br />D,......... -t .....ç. A <br />