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REL:ms 10/25/79 RESOLUTION NO. 79-193 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA OVERRULING THE PLANNING COMMISSIONS'S DENIAL OF VARIANCE APPLICATION NO. 79-29, GRANTING SAID VARIANCE, AND GRANTING APPEAL NO. 410. WHEREAs, a public hearing was duly held before the City Council of the City of Santa Aha on October 15, 1979, on the action taken by the Planning Commission in denying Variance Application No. 79-29, which application seeks to allow construction of classrooms for religious instruction, waiving a portion of the required parking, at 1432-1436 West Washington in the R1 District; and WHEREAS, prior to taking action on said Variance Application, this Council has reviewed and considered the Negative Declaration (I.S. 79-131) prepared for the project; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: 1. That based on such public hearing and the oral and documentary evidence submitted therein, the City Council does hereby overrule the action of the Planning Commission denying said Variance Application No. 79-29, does hereby grant said variance, and does hereby grant Appeal No. 410. 2. That the City Council hereby adopts as its findings of fact for the approval of Variance No. 79-29, the following: (a) The subject site is in near proximity to Santa Ana College parking facilities and is proposed for use primarily by students at Santa Ana College. The applicant will require students to park at such college facilities while using the classrooms on the subject site, with the consent and approval of the College. The proposed use will therefore not create on-street parking problems. There is no alternative location providing such nearby parking facilities available for use by the students attending the classrooms to be constructed on the subject site. Because of these special circumstances, the strict application of the City's zoning laws would deprive the subject property of the privilege of being used in a manner which is consistent with the intent and purpose of the City's zoning laws. (b) The granting of the variance is necessary for the preservation and enjoyment of the right to use the subject property in a manner compatable with the uses of neighboring property, which is a substantial property right. (c) Because of the use of college parking facilities, and because the City is requiring architectural design of the proposed buildings to be compatible with nearby residential property, the granting of this variance will not be materially detrimental to the public welfare or injurious to surrounding property.