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RESOLUTION NO. 2004-17
KO - 06/08/04
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA DENYING CONDITIONAL USE
PERMIT NO. 2004-06 SEEKING TO ALLOW AN
AUTOMOBILE SERVICE USE FOR THE PROPERTY
LOCATED AT 1935 EAST SEVENTEENTH 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. Conditional Use Permit No. 2004-06 came before the Planning
Commission of the City of Santa Ana for a duly noticed public hearing on
May 10, 2004.
B. The applicant, America's Tire Company, is requesting approval of
Conditional Use Permit No. 2004-06 to allow an automobile servicing use
in the Arterial Commercial (C5) zoning district at 1935 East Seventeenth
Street.
. C. Santa Ana Municipal Code Section 41-424.5 (f) of the Santa Ana Municipal
Code (SAMC) allows automobile servicing subject to the issuance of a
conditional use permit of the Santa Ana Municipal Code (SAMC).
D. Santa Ana Municipal Code Section 41-638 authorizes the Planning
Commission to grant a conditional use permit upon making certain
findings. The Planning Commission determines that the findings
necessary to grant a conditional use permit have not been established:
1. Will the proposed use provide a service or facility, which will
contribute to the general well being of the neighborhood or the
community?
The proposed tire store will not contribute to the general well
being of the neighborhood and the community because it is
providing another automotive service to an area that is
already saturated with tire stores (6 tire stores within one
mile of this location and 17 tire stores within two miles).
Additionally, because of the noise impacts associated with
the operation of the tire store, the proposed use is not
compatible with the existing surrounding residential and
professional offices.
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2. 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 noise impacts associated with the proposed tire store
will adversely affect the health, safety and general welfare of
the surrounding businesses and residents.
3. Will the proposed use adversely affect the present economic
stability or future economic development of properties surrounding
the area?
The proposed tire store will adversely affect the present
economic stability of properties surrounding the area by
providing another automotive service to an area that is
already saturated with tire stores (6 tire stores within one
mile of this location and 17 tire stores within two miles).
Additionally, the tire store is not a compatible use with the
existing surrounding land uses that are residential and
professional offices; as such the future stability of these uses
is at risk. Moreover, this retail center and surrounding
centers are upscale retail facilities; as such the introduction
of a tire store would adversely affect the future economic
development of this center and surrounding centers.
• 4. Will the proposed use comply with the regulations and conditions
specified in Chapter 41 for such use.
The proposed use will not comply with section 41-1,
subdivisions (a) and (f), because (a) the proposed project is
not the most appropriate use for the site, in that the site is a
high-end, integrated development site formerly occupied with
a retail computer store and the site could fail to grow or
develop to its maximum potential if a tire store is permitted,
and (b) this fact, and the others specified in this resolution if
this use were approved, would fail to promote the general
welfare of the people of Santa Ana.
5. Will the proposed use adversely affect the General Plan or any
specific plan of the City?
Because of the large number of tire stores within a one and
two mile radius of this location, approval of this conditional
use permit would be contrary to the following goals of the
Land Use Element of the General Plan: Goal 1 ("Promote a
balance of land uses to address basic community needs"),
Goal 2 ("Promote land uses which enhance the City's
economic and fiscal viability"), Goal 4 ("Protect and enhance
development sites and districts which are unique community
• assets that enhance the quality of life"). Because of its
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adjacency to a residential neighborhood both north and east,
• approval of the conditional use permit for a use with the
noise impacts testified to at the public hearing would be
contrary to Goal 3 ("Preserve and improve the character and
integrity of existing neighborhoods").
E. In accordance with the California Environmental Quality Act, this is not a
project; no environmental documentation is necessary for this project.
Section 2. The Planning Commission of the City of Santa Ana after conducting
the public hearing, hereby denies Conditional Use Permit No. 2004-06. This decision is
based upon the evidence submitted at the abovesaid hearing, which includes but not is
not limited to: the Request for Planning Commission Action dated May 10, 2004 and
exhibits attached thereto; and the public testimony written and oral, all of which are
incorporated herein by this reference
ADOPTED this 10th day of May, 2004 by the following vote:
AYES: Commissioners: Cribb, De La Torre, Leo, Lutz, Mondo (5)
NOES: Commissioners: Nalle, Sinclair (2)
ABSENT: Commissioners: None (0)
ABSTENTIONS: Commissioners: None (0)
Glen Mondo
Chairperson
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By: .~ ~~
Kylee O. O `
Deputy Cit Attorney
C
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CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and
certify the attached Resolution No. 2004-17 to be the original resolution adopted by the
Planning Commission of the City of Santa Ana on May 10, 2004.
Date:
Clerk of the Planning Com fission
City of Santa Ana
Resolution No. 2004-17
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