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<br />ORDINANCE NO. NS- <br /> <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF <br />SANTA ANA REZONING THE PROPERTY LOCATED AT <br />2037 AND 2041 SOUTH MAIN STREET FROM SOUTH <br />MAIN STREET COMMERCIAL (C-SM) TO GENERAL <br />COMMERCIAL (C-2) (AA NO. 2006-01) <br /> <br />THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS <br />FOLLOWS: <br /> <br />Section 1. The City Council of the City of Santa Ana does hereby find, <br />determine and declare as follows: <br /> <br />A. Amendment Application No. 2006-01 has been filed with the City of Santa <br />Ana to rezone the property located at 2037 and 2041 South Main Street <br />from South Main Street Commercial (C-SM) to General Commercial (C-2). <br /> <br />B. The Planning Commission of the City of Santa Ana held a duly noticed <br />public hearing on August 14, 2006 on Amendment Application <br />No. 2006-01. The Planning Commission determined by a vote of 6:0:1 <br />(Benavides abstaining) to recommend that the City Council adopt a <br />resolution denying Amendment Application No. 2006-01. <br /> <br />C. On September 5, 2006, the City Council of the City of Santa Ana held a <br />duly noticed public hearing on Amendment Application No. 2006-01. On <br />September 5, 2006 the City Council continued the matter to October 2, <br />2006. <br /> <br />D. In April 2000, the City Council established a new zoning district for both <br />sides of South Main Street, known as the C-SM zone. Among its <br />purposes is to provide opportunities for neighborhood-serving uses <br />consistent with a pedestrian-friendly area. <br /> <br />E. The C-SM zone prohibits new automobile repair and servicing uses or <br />expansion of existing automobile repair and servicing uses, such as the <br />one located on the subject property for numerous years. Thus the <br />applicant's existing use has been legally nonconforming for over six (6) <br />years. <br /> <br />F. The City of Santa Ana does not amortize legally nonconforming uses; the <br />applicant can continue to operate its automobile repair and servicing use <br />on the subject property in perpetuity. However, the applicant may not <br />expand its use under the current zoning, since it is nonconforming. As <br /> <br />75A-17 <br />