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<br />E. Long-term stay business hotels are not a conditionally permitted use <br />within SD-12. As such, the City Council denies Conditional Use Permit <br />No. 2005-28. <br /> <br />F. The City Council's decision to deny Applicant's request for the Zoning <br />Ordinance Amendment renders Variance No. 2005-62 moot. In addition, <br />the property currently operates as a hotel and can continue to do so <br />without the need of the proposed variance. Moreover, there is nothing <br />unique about the size or shape of the property that would keep the project <br />from meeting the zoning code and the variance is not needed for the <br />preservation and enjoyment of the owner's substantial property rights as <br />the property can continue to function as a hotel without the parking <br />variance. <br /> <br />G. The Site Plan is not in compliance with the regulations outlined within SD-12 <br />as long-term stay hotels are not permitted within SD-12. <br /> <br />H. In accordance with the California Environmental Quality Act, no <br />Environmental Documentation is required for the proposed project due to the <br />fact this project is denied. <br /> <br />Section 2. The City Council of the City of Santa Ana, after conducting the <br />public hearing, hereby denies Zoning Ordinance Amendment No. 2005-03, Conditional <br />Use Permit No. 2005-28, Variance No. 2005-62 and Site Plan Review No. 2005-05. <br />These decisions are based upon the evidence submitted at the abovesaid hearing, <br />which includes, but is not limited to: the Request for City Council Action dated January <br />17, 2006 and exhibits attached thereto; and the public testimony written and oral, all of <br />which are incorporated herein by this reference <br /> <br />Section 3. This decision rendered by the City Council of the City of Santa Ana <br />is final and is subject to judicial review pursuant to California Code of Civil Procedure <br />section 1094.6. The Clerk of the Council shall give direct notice to the applicant of the <br />Council's decision and these findings. <br /> <br />ADOPTED this <br /> <br />day of January, 2006 <br /> <br />Miguel A. Pulido <br />Mayor <br /> <br />75A-68 <br /> <br />Resolution No. 2006-xx <br />Page 2 of 4 <br />