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<br />additional use would not deprive the property owner of the <br />privilege to use property. <br /> <br />2. That the granting of a variance is necessary for the preservation <br />and enjoyment of one or more substantial property rights. <br /> <br />The denial of the variance will not significantly impact the <br />rights of the property owner to enjoy the use of their <br />property. The property owner is able to continue to operate <br />the existing legal nonconforming industrial business on this <br />site. The denial of a parking variance to allow an office use <br />would not impact the existing nonconforming industrial <br />business. <br /> <br />3. That the granting of a variance will not be materially detrimental to <br />the public welfare or injurious to surrounding property. <br /> <br />The granting of a variance will be detrimental to the <br />surrounding residential uses, when considering that the <br />existing industrial business is located immediately adjacent <br />to residential uses which are considered to be a sensitive <br />land use. The approval of a variance and the addition of the <br />proposed office use would increase the parking impacts to <br />the surrounding residences. As a result of the <br />nonconforming on site parking, spillover parking will impact <br />the residential neighborhood. Additionally, state and local <br />codes state that a variance shall not be granted for a parcel <br />of property which authorizes a use that is not expressly <br />permitted by the zone district governing the parcel of <br />property, such as the case on this site. <br /> <br />4. That the granting of a variance will not adversely affect the General <br />Plan ofthe City. <br /> <br />i. The proposed office use is allowed by the current <br />Community Commercial (C2) zoning district and General <br />Commercial General Plan Designation. However, section <br />41-686 of the City's nonconforming code prohibits the <br />addition of uses where existing legal nonconforming uses <br />exist, even though the proposed use is allowed in the zone. <br />Additionally, the State of California Government Code <br />Section 65906 prohibits the granting of variances for uses <br />which are not allowed by the local zoning code governing the <br />property. <br /> <br />ii. In addition, Policies 5.4 of the City's General Plan Land Use <br />Element state that measures to insure that the impacts of <br /> <br />Resolution No. 2006-014 <br />Page 2 of 4 <br /> <br />31A-14 <br />