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

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Amendment Application No. 2006-01 August 14, 2006 Page 2 Project Description Mr. Benjamin Mendoza is requesting approval of a zone change to change the zoning designation of a property located at 2041 South Main Street from South Main Street Commercial (C-SM) to General Commercial (C-2) (Exhibit 3). If this action is approved, the applicant intends to demolish one existing building, remodel another building and construct two new buildings for the auto body business. The project is proposed to be developed in four phases. Upon completion of all phases, two existing open canopies are proposed to be removed and replaced by two work bay buildings: a 3,000 square foot (Phase 1) and a 5,000 square foot (Phase 2) facility. In addition, the existing 2,330 square foot building located along Main Street would be converted from a paint and body building into an office building (Phase 3). Finally, the existing office building located on Main Street would be demolished to provide additional parking for the use. At the completion of all phases, a total of 48 parking spaces will be provided for the project (Exhibits 4 and 5) . Analysis of the Issues In April 2000, the City Council adopted Ordinance No. NS-2420 to establish a new zoning district on South Main Street. This new zone, the Commercial South Main zoning district (C-SM), rezoned properties generally located between Walnut Street and Warner Avenue. The creation of this designation was in response to concerns regarding the desire to upgrade and revitalize one of the most unique streetscapes in the City. Since the South Main Street area was identified as a major commercial thoroughfare whose predominant development pattern differed from other commercially zoned properties, a new zoning designation was created for this area. The C-SM zone included several features that differed from other commercial designations found in the zoning code, such as allowing development on lots smaller than 15,000 square feet in size, provisions to allow off-site parking, allowing a reduction in the 15-foot front yard setback standard and modifications to permitted uses. The permitted uses in the C-SM zone were focused to create a greater commercial consistency of land uses, specifically pedestrian-friendly and neighborhood serving commercial uses. As a result, automotive related uses such as sales and service, including auto body facilities, were not incorporated into the C- SM standards. This action resulted in Kelly's Auto Body becoming a legal nonconforming use subject to the provisions of Article VI of Chapter 41 of the Santa Ana Municipal Code (SAMC), which establishes standards for the regulation of nonconforming buildings and uses. 75A-5