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Variance No. 2004-18 February 28, 2005 Page 1 of 2 Findings of Fact A. 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 subj ect site that necessitates a reduction of on-site parking for the Santa Ana Downtown Plaza. The commercial center is situated on a flat, rectangular parcel of land with adequate vehicular access. Similar commercial centers have constructed expansions that are in compliance with the City's parking code. Therefore, the strict application of the zoning code would not deprive the subject property of privileges. B. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The variance for reduction of required on-site parking stalls is not necessary for the preservation of property rights as the Santa Ana Downtown Plaza will maintain the ability to operate all existing uses under the City's non-conforming use regulations. In addition, should restaurant or medical use tenants transition to retail tenants, the center would be able to expand the buildings as it would be able to provide the required number of parking stalls. C. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of a variance to reduce the required on-site parking will be detrimental to the public welfare or injurious to the surrounding properties by exacerbating the lack of parking in the area. EXHIBIT 7 758-31