HomeMy WebLinkAbout2003-010 - Denying Conditional Use Permit No. 2002-14RESOLUTION NO. 2003-010
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA DENYING CONDITIONAL USE PERMIT NO.
2002-14 TO ALLOW AN INDOOR SVV'AP MEET AND
VARIANCE NO. 2002-09 FROM THE OFF-STREET
PARKING AND LANDSCAPING REQUIREMENTS FOR THE
PROPERTY LOCATED AT 2027-29 WEST FIRST STREET
(APPEAL NO. 2002-04)
bk/1/10/03
BE IT RESOLVED BY THE CITY COUNCIL OF T. HE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
Applicant is seeking approval of Conditional Use Permit No. 2002-14 to
allow an indoor swap meet, and Variance No. 2002-09 for a variance from
the off-street parking and landscaping requirements for the property located
at 2027-29 West First Street.
On October 28, 2002, the Planning Commission conducted a public hearing
on Conditional Use Permit No. 2002-14 and Variance No. 2002-09 for the
property located at 2027-29 West First Street. After conducting the public
hearing the Planning Commission voted by a vote of 5:1 (Leo opposing,
Doughty absent) to deny Conditional Use Permit number 2002-14 and
Variance No. 2002-09.
The applicant appealed the Planning Commission decision to the City
Council of the City of Santa Ana.
On January 21, 2003 the City Council of the City of Santa Ana conducted a
public hearing on Conditional Use Permit No. 2002-14 and Variance No.
2002-09 (Appeal No. 2002-04) for the property located at 2027-29 West First
Street.
Conditional Use Permit No. 2002-14 has been filed with the City of Santa
Ana seeking to allow an indoor swap meet for the property located at 2027-
29 West First Street.
The City Council of the City of Santa Ana determines that the
following findings, which pursuant to Santa Ana Municipal Code
Section 41-638, must be established- in order to grant a Conditional
Use Permit, have not been established:
Resolution No. 2003-010
Page 1 of 6
ii.
iii.
iv.
Will the proposed use provide a service or facility which will
contribute to the general well being of the neighborhood or
community?
The indoor swap meet use will not provide a service to
the community since parking and landscaping will not
be provided per the City standards. Given the design
of the uses and alleys-in the vicinity of the applicant,
overflow parking would spill over into neighboring uses.
There are other commercial establishments in the
vicinity that offer clothing and general household goods
similar to what is offered at this location; therefore, the
indoor swap meet use will not contribute to the general
well being of the neighborhood or the community.
Will the proposed use under the circumstances of the
particular case be detrimental to the health, safety, or general
welfare of persons residing or working in the vicinity?
The indoor swap meet use will be detrimental to
persons residing and working in the area because
parking and landscaping required by code will not be
provided for the site, which may cause a parking
problem to adjacent businesses. Additionally, the front
yard setback and landscape planters are required to
provide visual screening and architectural
enhancement. Lack of landscaping is a sign of
dilapidation, which is detrimental to the general welfare
of the area.
Will the proposed use adversely affect the present economic
stability or future economi~ development of properties
surrounding the area?
While the indoor swap meet use will generate City tax
revenue and employment in the community, legalizing
the indoor swap meet would be a detriment to the
inevitable recycling of this site and the surrounding area
into more economically.productive and stable uses.
Will the proposed use comply with the regulations and
conditions specified in Chapter 41 for such use?
The indoor swap meet use will not be in compliance
with the parking and landscaping requirements of
Chapter 41 of the Santa Ana Municipal Code thus will
Resolution No. 2003-010
Page 2 of 6
not contribute to the general well being of the
neighborhood or community.
Will the proposed use adversely affect the General Plan or any
specific plan of the City?
The proposed use will adversely affect the General
Plan of the City since it does not satisfy several of the
policies contained within the Land Use Element. The
proposed indoor swap meet is in an area designated
General Commercial (GC) in the General Plan.
"General Commercial districts a re key components in
the economic developnlent of the City." General Plan
page A-19. The proposed project has insufficient
parking and landscape as required by code, which will
impact the quality of life in the City. Policy 2.5.
Additionally, Policy 2.8 which states, "[s]upport
developments that create a business environment that
is... attractive", will not be satisfied by this project due
to the insufficient front yard setback and landscape
planters which are reciuired by the code in order to
provide visual screening and architectural
enhancement. Lack of landscaping is a sign of
dilapidation, which is detrimental to the quality of life
and attractiveness of a project.
Variance No. 2002-09 has been filed with the City of Santa Ana seeking a
variance from the off-street parking and land.scaping requirements.
The City Council of the City of Santa Ana determines that the
following findings, which pursuant to Santa Ana Municipal Code
Section 41-638, must be established in order to grant a Variance,
have not been established:
That because of special circumstances applicable to the
subject property, including size., shape, topography, location or
surroundings, that the strict application of the zoning ordinance
is found to deprive the subject property of privileges not
otherwise at vadance with the intent and purpose of the
provisions of this Chapter.
There are no special circumstances applicable to the
subject property. The subject site is located on the
north side of First Street between Townsend and Clara
Streets. The property is surrounded by commercial
and industrial uses. The property is irregular in shape,
Resolution No. 2003-010
Page 3 of 6
ii.
iii.
iv.
2.6 acres in size and is currently occupied by two
commercial buildings, which is similar to other
properties in the vicinity. The granting of a vadance is
not necessary for the preservation and enjoyment of
one or more substantial property rights.
That the granting of a variance is necessary for the
preservation and enjoyment-of one or more substantial
property rights.
The granting of the variance is not necessary as the
project site was approved for a single tenant
commercial use that is consistent with the General
Commercial (C2) zoning district. An indoor swap meet
is required to be brought into compliance with the
current commercial development standards including
parking, landscaping and signage.
That the granting of a variance will not be materially
detrimental to the public welfare or injurious to surrounding
property.
The granting of the variance will be materially
detrimental to the pul~lic welfare or injurious to the
surrounding property, because parking and
landscaping required by code will not be provided for
the site, which may cause a problem to adjacent
businesses. Additionally, the front yard setback and
landscape planters are required to provide visual
screening and architectural enhancement. Lack of
landscaping is a sign of dilapidation, which is
detrimental to the general welfare of the area.
That the granting of a variance will not adversely affect the
General Plan of the City.
The g ranting o f t he variance will adversely affect t he
General Plan of the City since it does not satisfy
several of the policies .,contained within the Land Use
Element. The proposed project is in an area
designated General Commercial (GC) in the General
Plan. "General Commercial districts are key
components in the economic development of the City."
General Plan page A-19. The proposed project has
insufficient parking and landscape as required by code,
which will impact the quality of life in the City. Policy
Resolution No. 2003-010
Page 4 of 6
2.5. Additionally, Policy 2.8 which states, "[s]upport
developments that create a business environment that
is... attractive", will not be satisfied by this project due
to the insufficient, front yard setback and landscape
planters which are required by the code in order to
provide visual screening and architectural
enhancement. Lack of landscaping is a sign of
dilapidation, which is detrimental to the quality of life
and attractiveness of a project.
In accordance with the California Environmental Quality Act, Statutory
Exemption Environmental Review No..01-76 will be filed for this project.
Section 2. The City Council of the City of Santa'Ana after conducting the public
hearing hereby denies Conditional Use Permit number 2002-14 and Variance No. 2002-09
(Appeal No. 2002-04). This decision is based upon the evidence submitted at the
abovesaid hearing, which includes but not is not limited to: the Staff report and exhibits
attached thereto; and the public testimony all of which are incorporated herein by this
reference.
Section 3, This decision rendered by the City Council of the City of Santa Ana is
final and is subject to judicial review pursuant to Califomia Code of Civil Procedure section
1094.6.
ADOPTED this 7t~ day of April, 2003.
/M~bel A. Pulido
..' Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
Resolution No. 2003-010
Page 5 of 6
AYES:
NOES:
ABSTAIN:
NOT PRESENT:
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
Alvarez, Bist, Christy, Franklin, Garcia, Pulido,
Solorio (7)
None (0)
None (0)
None (0)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Resolution No. 2003-010 to be the original resolution adopted by the City
Council of the City of Santa Ana on April 7, 2003.
Date:
Clerk of the Council
City of Santa Ana
Resolution No. 2003-010
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