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HomeMy WebLinkAbout2004-17 RESOLUTION NO. 2004-17 KO - 06/08/04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA DENYING CONDITIONAL USE PERMIT NO. 2004-06 SEEKING TO ALLOW AN AUTOMOBILE SERVICE USE FOR THE PROPERTY LOCATED AT 1935 EAST SEVENTEENTH STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Conditional Use Permit No. 2004-06 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on May 10, 2004. B. The applicant, America's Tire Company, is requesting approval of Conditional Use Permit No. 2004-06 to allow an automobile servicing use in the Arterial Commercial (C5) zoning district at 1935 East Seventeenth Street. . C. Santa Ana Municipal Code Section 41-424.5 (f) of the Santa Ana Municipal Code (SAMC) allows automobile servicing subject to the issuance of a conditional use permit of the Santa Ana Municipal Code (SAMC). D. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. The Planning Commission determines that the findings necessary to grant a conditional use permit have not been established: 1. Will the proposed use provide a service or facility, which will contribute to the general well being of the neighborhood or the community? The proposed tire store will not contribute to the general well being of the neighborhood and the community because it is providing another automotive service to an area that is already saturated with tire stores (6 tire stores within one mile of this location and 17 tire stores within two miles). Additionally, because of the noise impacts associated with the operation of the tire store, the proposed use is not compatible with the existing surrounding residential and professional offices. Resolution No. 2004-17 Page 1 of 4 2. 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 noise impacts associated with the proposed tire store will adversely affect the health, safety and general welfare of the surrounding businesses and residents. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed tire store will adversely affect the present economic stability of properties surrounding the area by providing another automotive service to an area that is already saturated with tire stores (6 tire stores within one mile of this location and 17 tire stores within two miles). Additionally, the tire store is not a compatible use with the existing surrounding land uses that are residential and professional offices; as such the future stability of these uses is at risk. Moreover, this retail center and surrounding centers are upscale retail facilities; as such the introduction of a tire store would adversely affect the future economic development of this center and surrounding centers. • 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use. The proposed use will not comply with section 41-1, subdivisions (a) and (f), because (a) the proposed project is not the most appropriate use for the site, in that the site is a high-end, integrated development site formerly occupied with a retail computer store and the site could fail to grow or develop to its maximum potential if a tire store is permitted, and (b) this fact, and the others specified in this resolution if this use were approved, would fail to promote the general welfare of the people of Santa Ana. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? Because of the large number of tire stores within a one and two mile radius of this location, approval of this conditional use permit would be contrary to the following goals of the Land Use Element of the General Plan: Goal 1 ("Promote a balance of land uses to address basic community needs"), Goal 2 ("Promote land uses which enhance the City's economic and fiscal viability"), Goal 4 ("Protect and enhance development sites and districts which are unique community • assets that enhance the quality of life"). Because of its Resolution No. 2004-17 Page 2 of 4 adjacency to a residential neighborhood both north and east, • approval of the conditional use permit for a use with the noise impacts testified to at the public hearing would be contrary to Goal 3 ("Preserve and improve the character and integrity of existing neighborhoods"). E. In accordance with the California Environmental Quality Act, this is not a project; no environmental documentation is necessary for this project. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing, hereby denies Conditional Use Permit No. 2004-06. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but not is not limited to: the Request for Planning Commission Action dated May 10, 2004 and exhibits attached thereto; and the public testimony written and oral, all of which are incorporated herein by this reference ADOPTED this 10th day of May, 2004 by the following vote: AYES: Commissioners: Cribb, De La Torre, Leo, Lutz, Mondo (5) NOES: Commissioners: Nalle, Sinclair (2) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) Glen Mondo Chairperson APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: .~ ~~ Kylee O. O ` Deputy Cit Attorney C Resolution No. 2004-17 Page 3 of 4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2004-17 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on May 10, 2004. Date: Clerk of the Planning Com fission City of Santa Ana Resolution No. 2004-17 Page 4 of 4