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Resolution No. 2019-xx Page 4 of 9 to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this Chapter. There are special circumstances related to the existing dimensions of the property. The property is located at the northeast corner of Grand and Fairhaven avenues and contains 18,483 square feet. In order to provide vehicular access which is needed for any commercial business, a variance from the development standards of the Arterial Commercial (C-5) zoning district is required. In addition, the project proposes to utilize existing legal-nonconforming driveways; no new driveway cuts are proposed, and both existing driveways will be reconstructed to improve safety for vehicles, pedestrians, and ADA access. In addition, the proposed project will improve the existing conditions by reconstructing new curb and sidewalks constructed to City standards and allowing the site to be developed with a commercial use and drive-through window service without negatively affecting the adjacent commercial property. 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. The proposed tenant Starbucks is requesting to utilize two existing driveways along Grand and Fairhaven avenues to provide direct access for customers traveling in multiple directions, which will reduce impacts on any one particular street frontage. Grand Avenue is a north-south arterial street with access to the Garden Grove (SR-22) Freeway and provides local access to east-west arterials such as Fairhaven Avenue. Providing vehicular access from both Grand and Fairhaven avenues will increase opportunities for sales and will reduce vehicular impacts to the overall site. 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 driveways. The design of the driveways, drive aisles and parking areas are safe and practical. Additionally, the property owner for the adjacent, multiple- tenant commercial development did not want vehicles from the subject property to negatively impact their site, so the 3-28