75A - KELLY'S AUTO - 2041 S. MAIN ST.

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E. On October 2, 2006 the City Council continued the matter to December 4, 2006. F. On December 4,2006, the City Council held a duly noticed de novo public hearing to consider adopting one of the following actions: 1. Adopting a resolution denying Amendment Application No. 2006- 01, or 2. Adopting an ordinance approving Amendment Application No. 2006-01 , or 3. Adopt an ordinance approving a Zoning Ordinance Amendment No. 2006-04 to allow automotive repair and servicing uses in the C- SM zoning district subject 0 a conditional use permit. G. In April 2000, the City Council established a new zoning district for both sides of South Main Street, known as the C-SM zone. Among its purposes is to provide opportunities for neighborhood-serving uses consistent with a pedestrian-friendly area. H. The C-SM zone prohibits new automobile repair and servicing uses or expansion of existing automobile repair and servicing uses, such as the one located on the subject property for numerous years. Thus the applicant's existing use has been legally nonconforming for over six (6) years. I. The City of Santa Ana does not amortize legally nonconforming uses; the applicant can continue to operate its automobile repair and servicing use on the subject property in perpetuity. However, the applicant may not expand its use under the current zoning, since it is nonconforming. As such there is no incentive for the subject property to revitalize or recycle. Therefore without rezoning, the applicant would not have the ability to reinvest in his use, and the subject property could well become a blight on the community. The blighting effect would be counter productive to the C- SM's pedestrian-friendly and neighborhood-serving commercial purpose. J. Additionally, there is two-family residence (R-2) zone and well-established residential uses immediately adjacent on both the north and south of the rear half of the subject property. Therefore, if the subject property becomes blighted it would negatively affect this existing residential neighborhood, which could have a ripple effect upon multiple properties. K. Based upon the evidence referenced herein, including all oral testimony before the Planning Commission and the City Council at their respective public hearings, the proposed Amendment Application No. 2006-01 to rezone property located at 2037 and 2041 South Main Street from South Main Street Commercial (C-SM) to General Commercial (C-2) bears a substantial and reasonable relationship to the public welfare. 75A-19