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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 T orre,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 3 758-34