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E. Long-term stay business hotels are not a conditionally permitted use within SD-12. As such, the City Council denies Conditional Use Permit No. 2005-28. F. The City Council's decision to deny Applicant's request for the Zoning Ordinance Amendment renders Variance No. 2005-62 moot. In addition, the property currently operates as a hotel and can continue to do so without the need of the proposed variance. Moreover, there is nothing unique about the size or shape of the property that would keep the project from meeting the zoning code and the variance is not needed for the preservation and enjoyment of the owner's substantial property rights as the property can continue to function as a hotel without the parking variance. G. The Site Plan is not in compliance with the regulations outlined within SD-12 as long-term stay hotels are not permitted within SD-12. H. In accordance with the California Environmental Quality Act, no Environmental Documentation is required for the proposed project due to the fact this project is denied. Section 2. The City Council of the City of Santa Ana, after conducting the public hearing, hereby denies Zoning Ordinance Amendment No. 2005-03, Conditional Use Permit No. 2005-28, Variance No. 2005-62 and Site Plan Review No. 2005-05. These decisions are based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for City Council Action dated January 17,2006 and exhibits attached thereto; and the public testimony written and oral, all of which are incorporated herein by this reference Section 3. This decision rendered by the City Council of the City of Santa Ana is final and is subject to judicial review pursuant to California Code of Civil Procedure section 1094.6. The Clerk of the Council shall give direct notice to the applicant of the Council's decision and these findings. ADOPTED this 17th day of Januarv. 2006 Resolution No. 2006-006 Page 2 of 3