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~J <br />RESOLUTION NO. 2009-05 <br />bk:6/17/09 <br />A RESOLUTION OF THE ZONING ADMINISTRATOR OF <br />THE CITY OF SANTA ANA ADOPTING MINOR <br />EXCEPTION NO. 2009-03 TO PERMIT A THREE PARKING <br />SPACE MINOR EXCEPTION FOR UNIT D OF THE <br />COMPLEX LOCATED AT 2302 SOUTH BRISTOL STREET <br />r~ <br />~J <br />BE IT RESOLVED BY THE ZONING ADMINISTRATOR OF THE CITY OF <br />SANTA ANA AS FOLLOWS: <br />Section 1. The Zoning Administrator of the City of Santa Ana hereby finds, <br />determines and declares as follows: <br />A. The applicant is requesting approval of a minor exception to allow the <br />expansion of an existing business located in Unit D of the site, Cancun <br />Juice, by a total of 392 square feet into an adjacent unit (Unit C) in order <br />to increase its dining area. The project consists of minor interior tenant <br />improvements with no proposed exterior modifications to the existing <br />commercial building. In addition to the expansion, the applicant is <br />proposing to add a 112 square foot outdoor patio area surrounded with a <br />36-inch high wrought iron fence along Bristol Street for patrons who <br />choose to eat outdoors. <br />B. The site contains 30 parking spaces, and the expansion would, under the <br />City's parking Code, require 33 parking spaces. <br />C. Minor Exception No. 2009-03 came before the Zoning Administrator of the <br />City of Santa Ana for a public hearing on June 17, 2009. <br />D. Santa Ana Municipal Code Section 41-1341 would bar the proposed <br />expansion unless 33 parking spaces could be provided. The Code has a <br />higher parking demand (10 spaces per 10,000 square feet) for restaurant <br />uses such as Cancun Juice, than for the retail use (5 spaces per 10,000 <br />square feet) Cancun Juice is proposing to partially replace. <br />• <br />E. The proposed 112 square foot outdoor patio area is exempt from any <br />parking requirement since it is not greater than 25 percent of the gross <br />floor area of the eating establishment. <br />F. Santa Ana Municipal Code Section 41-638.1 authorizes the Zoning <br />Administrator to grant a minor exception upon making certain findings. <br />1. That the granting of a minor exception to allow two or more <br />independent uses to share the required parking stalls will not result <br />in a conflict between parking for one use and parking for another due <br />to differences in time of primary utilization of parking. <br />Resolution No. 2009-05 <br />Page 1 of 5 <br />