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<br />that would create public health problems. The <br />subdivisions proposed in Tentative Parcel Map No. <br />2005-08 will not affect the health or safety of persons <br />residing in the vicinity since the project does not <br />involve any new buildings on the project site. <br /> <br />vi. The design or improvements of the proposed project will not <br />conflict with easements necessary for public access through <br />or use of the property within the proposed project. <br /> <br />The subdivision proposed will not create any conflicts <br />with existing easements found on the site. If <br />approved, Covenants, Conditions and Restrictions <br />(CC&Rs) will be required to ensure the appropriate <br />easements such as access, egress, drainage, utility <br />and other necessary easements are maintained over <br />both parcels. <br /> <br />D. Applicant is requesting approval of Variance No. 2005-25(a) to allow a <br />reduction in parking spaces; Variance No. 2005-25(b) to allow a reduction <br />in minimum setbacks; and Variance No. 2005-25(c) to allow a reduction in <br />landscaping for the property located at 2106-2230 North Tustin Avenue <br /> <br />1. Santa Ana Municipal Code Section 41-638 authorizes the Planning <br />Commission to grant a variance upon making certain findings. The <br />Planning Commission determines that the findings necessary to <br />grant the Variances have not been established: <br /> <br />i. That because of special circumstances applicable to the <br />subject property, including size, shape, topography, location <br />or surroundings, that the strict application of the zoning <br />ordinance is found to deprive the subject property of <br />privileges not otherwise at variance with the intent and <br />purpose of the provisions of this Chapter. <br /> <br />There is no special circumstance applicable to the <br />subject property. The subject site is approximately <br />3.17 acres in area, located on the southwest corner of <br />Tustin and Santa Clara Avenues. The property is flat, <br />slightly irregular in shape and is currently occupied by <br />three commercial buildings with a total floor area of <br />31,100 square feet. The site is surrounded by <br />commercial uses to the north, south and east and <br />multi-family residential to the west. The adjacent <br />commercial buildings are developed on sites with <br />similar lot size and configurations. As such, the <br />subject property is not being deprived of privileges <br />that are not otherwise at variance with the intent and <br />purpose of the provisions of SAMC Chapter 41 <br />because of strict application of the zoning ordinance. <br /> <br />32A-12 <br /> <br />Resolution No. 2005-78 <br />Page 3 of 6 <br />