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<br />KO - 09/27/04 <br /> <br />RESOLUTION NO. 2004-044 <br /> <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF <br />SANTA ANA DENYING CONDITIONAL USE PERMIT NO. <br />2004-06 SEEKING TO ALLO'N AN AUTOMOBILE <br />SERVICE USE FOR THE PROPERTY LOCATED AT 1935 <br />EAST SEVENTEENTH STREET (APPEAL NO. 2004-06) <br /> <br />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS <br />FOLLOWS: <br /> <br />Section 1. The City Council of the City of Santa Ana hereby finds, determines <br />and declares as follows: <br /> <br />A. The applicant, America's Tire Company, is requesting approval of <br />Conditional Use Permit No. 2004-06 to allow an automobile servicing use <br />in the Arterial Commercial (C5) zoning district at 1935 East Seventeenth <br />Street. <br /> <br />B. Conditional Use Permit No. 2004-06 came before the Planning <br />Commission of the City of Santa Ana for a duly noticed public hearing on <br />May 10, 2004. The Planning Commission, by a vote of 5:2 (Nalle and <br />Sinclair opposed) voted to deny Conditional Use Permit No. 2004-06. <br /> <br />C. On, June 21, 2004, Conditional Use Permit No. 2004-06 (Appeal No. <br />2004-06) came before the City Council of the City of Santa Ana for a duly <br />noticed public hearing. The City Council continued the hearing to July 19, <br />2004. <br /> <br />D. On July 19, 2004 the City Council further continued the hearing to August <br />16, 2004. On August 16, 2004, the City Council further continued the <br />hearing to September 20, 2004 and on September 20, 2004 the City <br />Council continued the hearing to October 4, 2004. <br /> <br />E. Santa Ana Municipal Code Section 41-424.5 (f) of the Santa Ana Municipal <br />Code (SAM C) allows automobile servicing subject to the issuance of a <br />conditional use permit of the Santa Ana Municipal Code (SAMC). <br /> <br />F. Santa Ana Municipal Code Section 41-638 authorizes the City Council to <br />grant a conditional use permit upon making certain findings. The City <br />Council determines that the findings necessary to grant a conditional use <br />permit have not been established: <br /> <br />1. Will the proposed use provide a service or facility, which will <br />contribute to the general well being of the neighborhood or the <br />community? <br /> <br />The proposed tire store will not contribute to the general well <br />being of the neighborhood and the community because it is <br /> <br />75A-57 <br /> <br />Resolution No. 2004-xx <br />Page 1 of 4 <br />