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RESOLUTION NO.2003-46
Koo/1 /12/04
A RESOLUTION OF THE ZONING ADMINISTRATOR OF
THE CITY OF SANTA ANA REVOKING HOME
OCCUPATION PERMIT NO. 2001-147 FOR A TOW
SERVICE OFFICE AT 1430 SOUTH BIRCH STREET
BE IT RESOLVED BY THE ZONING ADMINISTRATOR OF THE CITY OF SANTA
ANA AS FOLLOWS:
Section 1. The Zoning Administrator of the City of Santa Ana hereby finds,
determines and declares as follows:
A. Review of Home Occupation Permit No. 2001-147 for revocation came
before the Zoning Administrator of the City of Santa Ana for a public hearing
on December 3, 2003.
1. On December 3, 2003 the Zoning Administrator continued the matter
until January 28, 2004.
•
B. On May 1, 2001, Mr. Efrain Davalos was issued Home Occupation Permit
No. 2001-147 for a tow service office for the property located at 1430 South
Birch Street.
C. A home occupation is permitted as a use accessory to a residential use
provided that:
1. It is conducted in compliance with the regulations set forth in Santa
Ana Municipal Code Section 41-192.2.
2. That a permit has been obtained and remains in effect in accordance
with Santa Ana Municipal Code Section 41-192.3 through 41-192.5.
3. That any business license required by Chapter 21 of the Santa Ana
Municipal Code has been obtained.
D. The Zoning Administrator determines that the home occupation has not
been conducted in compliance with the regulations set forth in Section 41-
192.2, 41-192.3.
1. In violation of Santa Ana Municipal Code Section 41-192.2(c),
Vehicles are being dropped off on the driveway by tow trucks which
• indicates the conduct of work and storage of vehicles outside of a
fully enclosed structure.
Resolution No. 2003-46
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• 2. In violation of Santa Ana Municipal Code Section 41-192.2(d), the
operation of a tow truck service is altering the residential character of
the neighborhood.
The operation of a tow truck service within asingle-family
residential area is inconsistent with a residential neighborhood.
Double-parking of tow trucks, delivery of vehicles, and
dispatching of persons or equipment are not typical
characteristics of a residential neighborhood but rather one of
an industrial nature.
3. In violation of Santa Ana Municipal Code Section 41-192.2(e), which
prohibits "frequent meetings or gatherings of any kind such as may
generate traffic and parking congestion, noise, or disturbances
beyond that which is normal to residential use", the increase in tow
truck traffic in the residential neighborhood has generated traffic and
parking congestion, which is not normally found within a residential
neighborhood.
4. In violation of Santa Ana Municipal Code Section 41-192.2(1),
dispatching is being conducted out of the residence as evidenced in
the police report number 03-34642 dated August 8, 2003.
• E. In accordance with the California Environmental Quality Act, the proposed
project is Categorically Exempt. No further environmental review is needed.
Environmental Review No. 03-238 will be filed for this project.
Section 2. The Zoning Administrator of the City of Santa Ana after conducting
the public hearing hereby revokes Home Occupation Permit No. 2001-147. 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.
ADOPTED this 28th day of January 2004.
~~~~~~
Kenneth Adams
Zoning Administrator
•
Resolution No. 2003-46
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APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By: ~ ~'"`
Kylee O. Otto
Deputy City ~ ttorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
C
•
I, MARTHA RAMIREZ, Clerk of the Zoning Administrator, do hereby attest to and certify
the attached Resolution No. 2003-46 to be the original resolution adopted by the Zoning
Administrator of the City of Santa Ana on ~ ~ ~~ .~4a~L,:
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Date: ~~1 D ~U
~~~~ - ~~ ;
Clerk of the Zoning Administr or
City of Santa Ana
Resolution No. 2003-46
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