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November 27, 2007 Page 3 City of Santa Ana The Subdivision Creates New Zone Code Non-Conformance. It is important to note that the application before you does not propose any new development nor does it request any land use or development changes. This request is to allow for the creation of virtual lines to allow this development, specifically the rear office building, to be sold to an owner who will occupy the building and continue to run an existing successful business. This project and this request will adhere to the new "ICode" and comply with all of Chapter 8 regulations. The reason for the proposed lot line configuration or the "irregularly shaped lot" is to conform to these specific provisions. It is those regulations that drive the layout of the proposed lot configuration. Required Front Yard Setback The proposed project is not requesting any change to the setbacks of this "integrated shopping center" nor is it requesting any new development. As discussed in a previous paragraph, Section 41-608(a) of the city's zoning ordinance authorizes the Zoning Administrator to regulate and make modifications to the Yard Regulations of this chapter. This section states "Since the general yard provisions of this chapter have to be applied to numerous types of conditions and shapes of parcels occasioned by varying street layouts and subdivisions of property, it is not advisable to attempt to define herein those cases which warrant exceptions and modifications "This section goes on to state "therefore, authority is hereby given to the zoning administrator, as part of his functions to determine in writing the application of specific requirements of this chapter" (Ibid). This section clearly outlines the purpose and intent of this chapter and authorizes the approval of this application by the zoning administrator. Drive Aisle Width As indicated in other sections of this letter, the approval of this application in no way inhibits or reduces the location, size, width or other provisions of the city's development standards. By applying this strict adherence to the letter of the code, this center, along with many other centers, would fail to meet almost all of this sections references as it currently has several property lines that subdivide, among other things, driveways, parking spaces, landscape planters and buildings. The proper creation of CC&R's would regulate this issue and insure that the proposed lot is regulated to allow for future redevelopment. Loading Zone and Trash Enclosure The staff report suggests that "disputes" could occur and that these critical functions (loading zones & Trash Enclosures) should not be located on different parcels. In this instance, the majority of the retailers are all ready using a loading zones and trash 1234 East Seventeenth Street, Santa Ana, CA 92701 32A-15