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10/25/79
RESOLUTION NO. 79-193
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA OVERRULING THE PLANNING
COMMISSIONS'S DENIAL OF VARIANCE APPLICATION
NO. 79-29, GRANTING SAID VARIANCE, AND
GRANTING APPEAL NO. 410.
WHEREAs, a public hearing was duly held before the
City Council of the City of Santa Aha on October 15, 1979,
on the action taken by the Planning Commission in denying
Variance Application No. 79-29, which application seeks to
allow construction of classrooms for religious instruction,
waiving a portion of the required parking, at 1432-1436 West
Washington in the R1 District; and
WHEREAS, prior to taking action on said Variance
Application, this Council has reviewed and considered the
Negative Declaration (I.S. 79-131) prepared for the project;
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Santa Ana as follows:
1. That based on such public hearing and the
oral and documentary evidence submitted therein, the City
Council does hereby overrule the action of the Planning
Commission denying said Variance Application No. 79-29, does
hereby grant said variance, and does hereby grant Appeal No.
410.
2. That the City Council hereby adopts as its
findings of fact for the approval of Variance No. 79-29, the
following:
(a) The subject site is in near proximity to
Santa Ana College parking facilities and is proposed for use
primarily by students at Santa Ana College. The applicant
will require students to park at such college facilities
while using the classrooms on the subject site, with the
consent and approval of the College. The proposed use will
therefore not create on-street parking problems. There is
no alternative location providing such nearby parking facilities
available for use by the students attending the classrooms
to be constructed on the subject site. Because of these
special circumstances, the strict application of the City's
zoning laws would deprive the subject property of the privilege
of being used in a manner which is consistent with the
intent and purpose of the City's zoning laws.
(b) The granting of the variance is necessary
for the preservation and enjoyment of the right to use the
subject property in a manner compatable with the uses of
neighboring property, which is a substantial property right.
(c) Because of the use of college parking
facilities, and because the City is requiring architectural
design of the proposed buildings to be compatible with
nearby residential property, the granting of this variance
will not be materially detrimental to the public welfare or
injurious to surrounding property.
RESOLUTION NO. 79-193
(d) The proposed use pursuant to this variance
will not adversely affect the future development of surrounding
property in accordance with the low-density residential
designation. The proposed use is compatible with such
residential use. Because of the use of college parking
facilities, the local street designation of Pacific Avenue
will not be adversely impacted by on-street parking problems.
3. For the reasons set forth in the Negative
Declaration (I.S. 79-131) prepared for this project, the
Council approves and adopts the said Negative Declaration
and its finding that the project will not have a significant
effect on the environment.
4. The said variance is approved subject to all
requirement set forth in sections 6 and 7 of that certain
"Finding of Fact, Variance Application 79-29" submitted by
the Planning Commission, on file in the office of the Clerk
of the Council, and incorporated by reference herein as
though fully set forth, and subject to the additional condition
that any and all construction shall be in accord with site
and architectural plans approved by the Planning Commission
as being compatible and harmonious with the neighboring
residentially used property.
ADOPTED this 5th day of
the following vote:
November , 1979, by
AYES:
COUNCILMEN: Bricken, Markel, Serrato, Ward, Yamamoto
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Griset, Luxembourger
ATTEST:
APPROVED AS TO FORM:
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MAYOR