2018-038 - Approving Appeal No. 2017-05

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modes of transportation such as bicycling, walking, and transit. 4. That the land use, site design, and operational considerations in the proposed development plan have been planned in a manner that will result in a compatible and harmonious operation as specified in Section 7 of the MEMU overlay district. No significant negative impacts from noise, air quality, aesthetics, or traffic are expected except for temporary impacts arising during construction of the project. The site's design is intended to activate its frontage on Cabrillo Park Drive with the provision of publicly accessible open space, small-scale commercial uses, and a variety of seating and recreational amenities. F. The City Council of the City of Santa Ana determines that the following findings, which must be established in order to grant Variance Nos. 2017- 05 and 2017-06 for reduction in parking and increased side yard setback, respectively, have been established as required by SAMC Section 41-638: 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this Chapter. The proposed project is located in an area surrounded by office buildings, parking structures, and a freeway, which restrict the site from compliance with the side yard setback to the south property line and parking requirements. The site is surrounded by high-rise offices and parking structures that have ample parking with divergent peak hour demands from the residential component of the proposed project. Adjacent commercial sites are built out to minimum setbacks and abut a freeway, which limits the amount of developable area for habitable space, parking, and open space for future residents and visitors. Additionally, the site necessitates adequate emergency access to the rear of the property to serve the proposed development. In order to properly address life safety issues, the building massing which takes into account the parking garage and setbacks must be reduced to accommodate a larger setback for a fire lane and adequate ladder angles. 2. That the granting of the variances is necessary for the preservation and enjoyment of one (1) or more substantial property rights. Resolution No. 2018-038 Page 3 of 10