181022_RESO 2018-32_2301 N TUSTIN AVENUE

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business, a variance from the development standards of the Arterial Commercial zoning district is required. In addition, the proposed project will improve the existing conditions, by eliminating three (3) existing driveways to the site and replacing them with curb and sidewalks constructed to City standards and allowing the site to be developed with a less intense commercial use. 2. That the granting of a variance is necessary for the preservation and enjoyment of one (1) or more substantial property rights. Granting this variance is necessary for the preservation and enjoyment of substantial property rights. Vehicular access is required for the viability of any commercial business. In addition, the proposed tenant Starbucks is requesting a driveway along Tustin Avenue to provide direct access for customers traveling north. Tustin Avenue is a north -south arterial street with access to the State Route 22 highway and provides local access to east -west arterials. Providing vehicular access from both Tustin and Santa Clara Avenues will increase opportunities for sales. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. Granting this variance will not be detrimental to the public or surrounding properties. The Public Works Agency reviewed the proposed plans and did not identify concerns regarding the location of the driveway. The design of the driveways, drive aisles and parking areas are safe and practical. Additionally, the property owner to the north did not want vehicles from the subject property on their site, so the driveway will provide customers with direct access to the subject site. 4. That the granting of a variance will not adversely affect the General Plan of the city. The variance for vehicle access will not adversely affect the General Plan. The project is located in a General Commercial (GC) General Plan land use designation which allows for commercial uses such as retail, service and eating establishment uses. The project is consistent with several goals and policies of the General Plan, including the Economic Development Element, Land Use Element, and Urban Design Element. Land Use Element Goal 1 promotes a balance of land uses to address basic community needs. Policy 1.10, encourages the location of commercial centers at arterial roadway intersections in commercial districts. The project will provide for a new commercial building on two arterial streets. Resolution No. 2018-32 Page 2 of 7