HomeMy WebLinkAbout81-067RE L: adg
4/28/81
RESOLUTION NO. 81-67
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA OVERRULING THE PLANNING
COMMISSION'S DENIAL OF VARIANCE APPLICATION
NO. 80-73, GRANTING SAID VARIANCE, AND
GRANTING APPEAL NO. 435, FOR PROPERTY AT
1200 E. MCFADDEN AVENUE.
WHEREAS, a public hearing was duly held before the
City Council of the City of Santa Ana on April 20, 1981, on
the action taken by the Planning Commission in denying
Variance Application No. 80-73, which application seeks to
allow development of less than four acres at 1200 East
McFadden Avenue in the C4 District; and
WHEREAS, prior to taking action on said Variance
Application, this Council has reviewed and considered the
Negative Declaration (I.S. 80-260) 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. 80-73, does
hereby grant said Variance, and does hereby grant Appeal No.
435.
2. That the City Council hereby adopts as its
findings of fact for the approval of Variance No. 80-73, the
following:
(a) The fact that the subject property
cannot be developed at all in accordance with
the minimum lot size requirement of the C4
Zone constitutes special circumstances applica-
ble to the subject property justifying a
Variance from such requirement.
(b) The granting of the Variance is
necessary to preserve the owner's right to
develop and use the property.
(c) Compliance with the conditions of
approval of this Variance will avoid any
detrimental effect on the public welfare or
surrounding property.
(d) The proposed use is consistent with
the City's general plan.
3. For the reasons set forth in the Negative
Declaration (I.S. 80-260) 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
requirements set forth in sections 6 and 7 of that certain
"Finding of Fact, Variance Application 80-73" 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, except as follows:
RESOLUTION NO. 81-67
PAGE TWO
(a) Requirement 7.A(2)(b) is deleted.
(b) The second sentence of Requirement
7.A(3) is deleted.
(c) A new Requirement is added, to read:
"No pin-ball machines, electronic gaming
devices, or similar recreational uses shall
be maintained on the premises."
ADOPTED this
by the following vote:
4th day of May , 1981,
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
Acosta, Bricken, Griset, Luxembourge~,
Markel, McGuigan, Serrato
None
ABSENT: COUNCILMEMBERS: None
ATTEST:
APPROVED AS TO FORM:
MAYOR
CITY ATTORNEY~