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HomeMy WebLinkAbout2003-010 - Denying Conditional Use Permit No. 2002-14RESOLUTION NO. 2003-010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DENYING CONDITIONAL USE PERMIT NO. 2002-14 TO ALLOW AN INDOOR SVV'AP MEET AND VARIANCE NO. 2002-09 FROM THE OFF-STREET PARKING AND LANDSCAPING REQUIREMENTS FOR THE PROPERTY LOCATED AT 2027-29 WEST FIRST STREET (APPEAL NO. 2002-04) bk/1/10/03 BE IT RESOLVED BY THE CITY COUNCIL OF T. HE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: Applicant is seeking approval of Conditional Use Permit No. 2002-14 to allow an indoor swap meet, and Variance No. 2002-09 for a variance from the off-street parking and landscaping requirements for the property located at 2027-29 West First Street. On October 28, 2002, the Planning Commission conducted a public hearing on Conditional Use Permit No. 2002-14 and Variance No. 2002-09 for the property located at 2027-29 West First Street. After conducting the public hearing the Planning Commission voted by a vote of 5:1 (Leo opposing, Doughty absent) to deny Conditional Use Permit number 2002-14 and Variance No. 2002-09. The applicant appealed the Planning Commission decision to the City Council of the City of Santa Ana. On January 21, 2003 the City Council of the City of Santa Ana conducted a public hearing on Conditional Use Permit No. 2002-14 and Variance No. 2002-09 (Appeal No. 2002-04) for the property located at 2027-29 West First Street. Conditional Use Permit No. 2002-14 has been filed with the City of Santa Ana seeking to allow an indoor swap meet for the property located at 2027- 29 West First Street. The City Council of the City of Santa Ana determines that the following findings, which pursuant to Santa Ana Municipal Code Section 41-638, must be established- in order to grant a Conditional Use Permit, have not been established: Resolution No. 2003-010 Page 1 of 6 ii. iii. iv. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The indoor swap meet use will not provide a service to the community since parking and landscaping will not be provided per the City standards. Given the design of the uses and alleys-in the vicinity of the applicant, overflow parking would spill over into neighboring uses. There are other commercial establishments in the vicinity that offer clothing and general household goods similar to what is offered at this location; therefore, the indoor swap meet use will not contribute to the general well being of the neighborhood or the community. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The indoor swap meet use will be detrimental to persons residing and working in the area because parking and landscaping required by code will not be provided for the site, which may cause a parking problem to adjacent businesses. Additionally, the front yard setback and landscape planters are required to provide visual screening and architectural enhancement. Lack of landscaping is a sign of dilapidation, which is detrimental to the general welfare of the area. Will the proposed use adversely affect the present economic stability or future economi~ development of properties surrounding the area? While the indoor swap meet use will generate City tax revenue and employment in the community, legalizing the indoor swap meet would be a detriment to the inevitable recycling of this site and the surrounding area into more economically.productive and stable uses. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The indoor swap meet use will not be in compliance with the parking and landscaping requirements of Chapter 41 of the Santa Ana Municipal Code thus will Resolution No. 2003-010 Page 2 of 6 not contribute to the general well being of the neighborhood or community. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use will adversely affect the General Plan of the City since it does not satisfy several of the policies contained within the Land Use Element. The proposed indoor swap meet is in an area designated General Commercial (GC) in the General Plan. "General Commercial districts a re key components in the economic developnlent of the City." General Plan page A-19. The proposed project has insufficient parking and landscape as required by code, which will impact the quality of life in the City. Policy 2.5. Additionally, Policy 2.8 which states, "[s]upport developments that create a business environment that is... attractive", will not be satisfied by this project due to the insufficient front yard setback and landscape planters which are reciuired by the code in order to provide visual screening and architectural enhancement. Lack of landscaping is a sign of dilapidation, which is detrimental to the quality of life and attractiveness of a project. Variance No. 2002-09 has been filed with the City of Santa Ana seeking a variance from the off-street parking and land.scaping requirements. The City Council of the City of Santa Ana determines that the following findings, which pursuant to Santa Ana Municipal Code Section 41-638, must be established in order to grant a Variance, have not been established: That because of special circumstances applicable to the subject property, including size., shape, topography, location or surroundings, that the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at vadance with the intent and purpose of the provisions of this Chapter. There are no special circumstances applicable to the subject property. The subject site is located on the north side of First Street between Townsend and Clara Streets. The property is surrounded by commercial and industrial uses. The property is irregular in shape, Resolution No. 2003-010 Page 3 of 6 ii. iii. iv. 2.6 acres in size and is currently occupied by two commercial buildings, which is similar to other properties in the vicinity. The granting of a vadance is not necessary for the preservation and enjoyment of one or more substantial property rights. That the granting of a variance is necessary for the preservation and enjoyment-of one or more substantial property rights. The granting of the variance is not necessary as the project site was approved for a single tenant commercial use that is consistent with the General Commercial (C2) zoning district. An indoor swap meet is required to be brought into compliance with the current commercial development standards including parking, landscaping and signage. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the variance will be materially detrimental to the pul~lic welfare or injurious to the surrounding property, because parking and landscaping required by code will not be provided for the site, which may cause a problem to adjacent businesses. Additionally, the front yard setback and landscape planters are required to provide visual screening and architectural enhancement. Lack of landscaping is a sign of dilapidation, which is detrimental to the general welfare of the area. That the granting of a variance will not adversely affect the General Plan of the City. The g ranting o f t he variance will adversely affect t he General Plan of the City since it does not satisfy several of the policies .,contained within the Land Use Element. The proposed project is in an area designated General Commercial (GC) in the General Plan. "General Commercial districts are key components in the economic development of the City." General Plan page A-19. The proposed project has insufficient parking and landscape as required by code, which will impact the quality of life in the City. Policy Resolution No. 2003-010 Page 4 of 6 2.5. Additionally, Policy 2.8 which states, "[s]upport developments that create a business environment that is... attractive", will not be satisfied by this project due to the insufficient, front yard setback and landscape planters which are required by the code in order to provide visual screening and architectural enhancement. Lack of landscaping is a sign of dilapidation, which is detrimental to the quality of life and attractiveness of a project. In accordance with the California Environmental Quality Act, Statutory Exemption Environmental Review No..01-76 will be filed for this project. Section 2. The City Council of the City of Santa'Ana after conducting the public hearing hereby denies Conditional Use Permit number 2002-14 and Variance No. 2002-09 (Appeal No. 2002-04). This decision is based upon the evidence submitted at the abovesaid hearing, which includes but not is not limited to: the Staff report and exhibits attached thereto; and the public testimony 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 Califomia Code of Civil Procedure section 1094.6. ADOPTED this 7t~ day of April, 2003. /M~bel A. Pulido ..' Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney Resolution No. 2003-010 Page 5 of 6 AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers: Councilmembers: Councilmembers: Councilmembers: Alvarez, Bist, Christy, Franklin, Garcia, Pulido, Solorio (7) None (0) None (0) None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2003-010 to be the original resolution adopted by the City Council of the City of Santa Ana on April 7, 2003. Date: Clerk of the Council City of Santa Ana Resolution No. 2003-010 Page 6 of 6