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HomeMy WebLinkAbout2005-047 - Denying Variance No. 2004-18 KO -08/23/05 RESOLUTION NO. 2005-047 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DENYING VARIANCE NO. 2004-18 (APPEAL NO. 2005-02) FOR A REDUCTION IN REQUIRED ON-SITE PARKING FOR THE PROPERTY LOCATED AT 419 EAST FIRST STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Variance No. 2004-18, for a reduction in required on-site parking to allow the expansion of the retail establishment located at 419 East First Street. B. Variance No. 2004-18 came before the Planning Commission on February 14,2005 for a duly noticed public hearing. The Planning Commission continued the matter to February 28, 2005. On February 28, 2005, the Planning Commission denied Variance No. 2004-18 by a unanimous vote. The Planning Commission concluded that the proposed building expansion would exacerbate the existing lack of parking. C. On March 9, 2005, the applicant appealed the Planning Commission's decision, Appeal No. 2005-02. D. On May 2,2005, Variance No. 2004-18 (Appeal No. 2005-02) came before the City Council of the City of Santa Ana for a duly noticed public hearing. The City Council closed the public hearing and continued the matter to August 1, 2005. On August 1, 2005, the City Council further continued the matter to September 6, 2005. E. Santa Ana Municipal Code Section 41-638 authorizes the City Council to grant a variance upon making certain findings. The City Council determines that the findings necessary to grant Variance No. 2004-18 have not been established: 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. There are no special circumstances applicable to the subject site that necessitates a reduction of on-site parking for the Resolution No. 2005-047 Page 1 of 4 Santa Ana Downtown Plaza. The commercial center is situated on a flat, rectangular parcel of land with adequate vehicular access. Similar commercial centers have constructed expansions that are in compliance with the City's parking code. Therefore, the strict application of the zoning code would not deprive the subject property of privileges. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The variance for reduction of required on-site parking stalls is not necessary for the preservation of property rights as the Santa Ana Downtown Plaza will maintain the ability to operate all existing uses under the City's non-conforming use regulations. In addition, should restaurant or medical use tenants transition to retail tenants, the center would be able to expand the buildings as it would be able to provide the required number of on-site parking stalls. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of a variance to reduce the required on-site parking will be detrimental to the public welfare or injurious to the surrounding properties by exacerbating the lack of parking in the area. 4. That the granting of the variance will not adversely affect the General Plan of the City. The granting of the variance will adversely affect the General Plan of the City since the proposed expansion will create negative parking impacts which will impact surrounding commercial and residential uses. This will be in conflict with the City's goal to promote development which enhances the quality of life of its residents. F. In accordance with the California Environmental Quality Act (CEQA), the recommended action is not considered a CEQA project. Therefore no environmental documentation is required. Section 2. The City Council of the City of Santa Ana after conducting the public hearing, hereby denies Appeal No. 2005-02 and Variance No. 2004-18. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but not is not limited to: the Request for City Council Action dated May 2, 2005, 2005 and August 1, 2005 and the exhibits attached thereto; and the public testimony written and oral, 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 California Code of Civil Procedure Resolution No. 2005-047 Page 2 of 4 section 1094.6. The Clerk of the Council shall give direct notice to the applicant of the Council's decision and these findings. ADOPTED this 6th day of September, 2005 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney L~,13 ~' Miguel A. Pulido Mayor ~(s-q8s.r By: Kylee O. Assista ~. AYES: Councilmembers: Alvarez, Bist, Bustamante, Christy (4) NOES: Councilmembers: Solorio (1) ABSTAIN: Councilmembers: Pulido (1) NOT PRESENT: Councilmembers: Garcia (1) Resolution No. 2005-047 Page 3 of 4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2005-047 to be the original resolution adopted by the City Council of the City of Santa Ana on September 6. 2005. o- j ). _ 1 ~. ~~-CLeV. . Clerk of the Council ( City of Santa Ana , .' /' /,' ~ Date: / r;' CJ~ ~J-.:, Resolution No. 2005-047 Page 4 of 4