HomeMy WebLinkAbout2005-05KO -03/02/05
• RE TION NO. 2005-05
SOLU
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA DENYING VARIANCE NO.
2004-18 FORA REDUCTION IN REQUIRED ON-SITE
PARKING FOR THE PROPERTY LOCATED AT 419 EAST
FIRST STREET
BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF
SANTA ANA AS FOLLOWS:
Section 1. The Planning Commission 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.
• C. The Planning Commission determines that for Variance No. 2004-18 the
following findings, which must be established pursuant to Santa Ana
Municipal Code Section 41-638 in order to grant a variance from the
provisions of the Santa Ana Municipal Code, 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
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.
Resolution No. 2005-05
Page 1 of 3
The variance for reduction of required on-site parking stalls
• is not necessary to preserve property rights as the Santa
Ana Downtown Plaza will still maintain the ability to operate
all existing uses under the City's non-conforming use and
expand the building should some of the uses which require a
greater parking demand than retail uses be replaced by retail
uses.
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.
D. 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 Planning Commission of the City of Santa Ana after conducting
the public hearing hereby denies 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 Staff reports and exhibits attached thereto; and the public testimony all of which
are incorporated herein by this reference.
ADOPTED this 28th day of February, 2005 by the following vote:
AYES: Commissioners: Cribb,De La Torre,Gartner,Leo,Lutz,Mondo,Nalle(7)
NOES: Commissioners: None (0)
ABSENT: Commissioners: None (0)
ABSTENTIONS: Commissioners: None (0)
•
Resolution No. 2005-05
Page 2 of 3
•
GIen~Mondo
Chair erson
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
~ ~~
Kylee O. Qt o
Assistant pity Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and
certify the attached Resolution No.2005-05 to be the original resolution adopted by the
Planning Commission of the City of Santa Ana on February 28, 2005.
Date: ~
Clerk the Planning Commis n
City of Santa Ana
•
Resolution No. 2005-05
Page 3 of 3