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2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of the variance for the changeable copy sign, projecting sign, cabinet sign and the painted wall sign on the south elevation will allow the enjoyment of property rights. The location of the building, at a major City intersection and at the gateway to the Downtown/Artists Village, warrants the installation of unique, aesthetically pleasing signage for the restaurant. Additionally, the restaurant is 12,089 square feet, which is larger than a typical restaurant, and as such warrants the installation of additional signage. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The changeable copy, projecting, cabinet and painted wall sign on the south elevation will not be detrimental to the surrounding area as a condition of approval has been added that limits the amount of signage allowed on the site. This will assist in minimizing the visual clutter found on structures with multiple signs. 4. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance will not adversely affect the City's General Plan in any way as the land use designation of District Center (DC) allows signage in conjunction with restaurant uses in the land use designation. E. The Planning Commission determines that for Variance No. 2004-07 (A 1, A2, A3) for sign No.1; (C1, C3) for sign No.4; (03) for sign No.5; (F) for sign No.7; (G1, G2, G3) for sign No.8; (H) for sign No.9; and (I) for sign No. 10 the following findings, which must be established in order to grant a variance from the provisions of the Santa Ana Municipal Code, have not been established: 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. There are no special circumstances applicable to the subject site that necessitates several sign variances for the restaurant. The building is situated at a major City 31A-38 Resolution No. 2004-47 Page 4 of 7