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ORDINANCE NO. NS-I$07 ' <br />PAGE TWELVE <br /> <br />(2) <br /> <br />Variances from and minor exceptions <br />to the provisions of the Municipal <br />Code, other than minor exception <br />permits for sale of alcoholic beverages, <br />when it appears that all of the <br />following have been established: <br /> <br />(a) That because of special circumstances <br /> applicable to the subject property, <br /> including size, shape, topography, <br /> location or surroundings, <br /> the strict application of the <br /> zoning ordinance is found to <br /> deprive the subject property <br /> of privileges not otherwise <br /> at variance with the intent and <br /> purpose of the provisions of <br /> this chapter; <br />(b) That the granting of a <br /> variance or minor exception <br /> is necessary for the <br /> preservation and enjoyment <br /> of one or more substantial <br /> property rights; <br />(c) That the granting of a <br /> variance or minor exception <br /> will not be materially <br /> detrimental to the public <br /> welfare or injurious to <br /> surrounding property; <br /> (d) That the granting of a <br /> variance or minor exception <br /> will not adversely affect <br /> the general plan to the <br /> city. <br /> <br />(b) <br /> <br />In granting any conditional use <br />permit, variance or minor exception, <br />the zoning administrator, planning <br />commission or council may impose <br />such conditions as are deemed <br />necessary and desirable to protect <br />the public health, safety or welfare <br />in accordance with the purpose and <br />intent of this chapter. <br /> <br /> SECTION 13: That section 41-640 of the Santa <br />Ana Municipal Code, is hereby amended to read as follows: <br /> <br />Sec. 41-640. <br /> <br />Zoning administrator to make <br />finding of fact - Referral to <br />planning commission for hearing. <br /> <br /> In granting or denying a conditional use permit, <br />variance or minor exception, when authority to so act has <br />been authorized in the manner prescribed in Section 41-630, <br />subsection (b) of this article, the zoning administrator <br />shall make a written finding which shall specify all facts <br />relied upon in rendering his decision and in attaching <br />conditions and safeguards. A copy of the decision together <br />with the written finding of fact shall be filed with the <br />clerk of the council, with the planning commission, with the <br />city planning department, and mailed to the applicant. All <br />decisions of the zoning administrator on applications for <br />conditional use permits and variances shall be reviewed by <br />the planning commission. All decisions of the zoning admin- <br />istrator on applications for minor exceptions shall be final <br /> <br /> <br />