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<br />vehicular access. Similar commercial centers have <br />constructed expansions that are in compliance with the <br />City's parking code. Therefore, the strict application of the <br />zoning code would not deprive the subject property of <br />privileges. <br /> <br />2. That the granting of a variance is necessary for the preservation <br />and enjoyment of one or more substantial property rights. <br /> <br />The variance for reduction of required on-site parking stalls <br />is not necessary for the preservation of property rights as the <br />Santa Ana Downtown Plaza will maintain the ability to <br />operate all existing uses under the City's non-conforming <br />use regulations. In addition, should restaurant or medical <br />use tenants transition to retail tenants, the center would be <br />able to expand the buildings as it would be able to provide <br />the required number of on-site parking stalls. <br /> <br />3. That the granting of a variance will not be materially detrimental to <br />the public welfare or injurious to surrounding property. <br /> <br />The granting of a variance to reduce the required on-site <br />parking will be detrimental to the public welfare or injurious to <br />the surrounding properties by exacerbating the lack of <br />parking in the area. <br /> <br />4. That the granting of the variance will not adversely affect the <br />General Plan of the City. <br /> <br />The granting of the variance will adversely affect the General <br />Plan of the City since the proposed expansion will create <br />negative parking impacts which will impact surrounding <br />commercial and residential uses. This will be in conflict with <br />the City's goal to promote development which enhances the <br />quality of life of its residents. <br /> <br />E. In accordance with the California Environmental Quality Act (CEQA), the <br />recommended action is not considered a CEQA project. Therefore no <br />environmental documentation is required. <br /> <br />Section 2. The City Council of the City of Santa Ana after conducting the <br />public hearing, hereby denies Appeal No. 2005-02 and Variance No. 2004-18. This <br />decision is based upon the evidence submitted at the abovesaid hearing, which <br />includes but not is not limited to: the Request for City Council Action dated May 2, 2005, <br />2005 and exhibits attached thereto; and the public testimony written and oral, all of <br />which are incorporated herein by this reference <br /> <br />Resolution No. 2005-xx <br />Page 2 of 3 <br /> <br />758-43 <br />