2004-081 - Approving Appeal No. 2004-08

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8 KO-09/27/04 RESOLUTION NO. 2004-081 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING APPEAL NO. 2004-08, APPROVING AND ADOPTING THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM, AMENDING CONDITIONAL USE PERMIT NO. 2003-17 AS CONDITIONED TO ALLOW A DRIVE-THROUGH WINDOW SERVICE AND APPROVING VARIANCE NO. 2004-05 AS CONDITIONED FOR A REDUCTION IN THE ON-SITE PARKING FOR THE PROPERTY LOCATED AT 2701 NORTH BRISTOL STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: 8 8 A. Applicant requested approval of Variance No. 2004-05 to allow a reduction in the off-street parking requirement and an amendment to Conditional Use Permit No. 2003-17, which permitted drive-through window service, for a new commercial development at 2701 North Bristol Street. B. The Mitigated Negative Declaration and Monitoring Program, Environmental Review No. 2004-181, the amendment to Conditional Use Permit No. 2003-17 and Variance No. 2004-05 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on August 9, 2004. The Planning Commission voted by a vote of 5:2 (De La Torre, and Sinclair opposed) to approve and adopt the Mitigated Negative Declaration and Monitoring Program, Environmental Review No. 2004-18, approve the amendment to Conditional Use Permit No. 2003-17 and Variance No. 2004-05 as conditioned. C. Applicant appealed Planning Commission's decision, specifically objecting to Condition NO.8 of the Conditional Use Permit No. 2003-17, which read, U[t]he four proposed tenant spaces shown on the southwest corner of the site plan (Exhibit 3) shall be reduced to three tenant spaces. The overall square footage may remain unchanged." Resolution No. 2004-081 Page 1 of 10