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Variance No. 2007-09 <br />Minor Exception No. 2007-04 <br />January 28, 2008 <br />Page 2 <br />The property is located in the Arterial Commercial (C5) zoning district <br />and has a General Plan land use designation of General Commercial (GC). <br />The site is surrounded by commercial uses to the north, south and east, <br />and a pre-school and multi-family residential development to the west <br />(Exhibits 1 and 2). <br />Project Description <br />The applicant is proposing to construct a new 6,170 square foot building <br />on the vacant northern portion of the site. Although the uses have yet to <br />be identified, the applicant is proposing to lease the building to a <br />restaurant use(s) that requires parking at one space per 100 square feet <br />of gross floor area. A total of 39 parking stalls are being provided for <br />the new building while 62 spaces are required. A total of 206 parking <br />spaces will be provided for the entire project site while 252 spaces are <br />required (Exhibits 3 and 4). <br />Analysis of the Issues <br />The subject site is legal nonconforming as the site does not comply with <br />various provisions of the zoning code, including parking, setbacks and <br />landscaping. Section 41-681 of the Santa Ana Municipal Code (SANG), which <br />governs nonconforming buildings and sites, requires the site to conform to <br />all applicable provisions of the zoning code when a new building is <br />proposed on a nonconforming site. As a result, the applicant is applying <br />for a variance and minor exception to allow the proposed building. <br />Landscaped Setback Variance <br />The applicant is requesting approval of a variance from Section 41-427 <br />of the SAMC to allow a reduction in required landscaped setbacks in <br />conjunction with the new retail building. This section requires a 15- <br />foot landscaped setback along Tustin Avenue and a five-foot setback <br />along the west (rear) property line where parking is adjacent to a <br />residential use. <br />Currently, a five-foot setback is provided on the southern section of the <br />site where the parking lot fronts Tustin Avenue and a 10-foot setback is <br />provided adjacent to the existing north building. These two buildings <br />were built in compliance with the zoning code but have become <br />nonconforming due to changes to the development standards. In order to <br />comply with the current front yard setback standards, approximately 350 <br />31 C-3 <br />