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and the Mitigated Negative Declaration and Mitigation Monitoring Program in support of this resolution and the findings made herein. E. Variance No. 2008-03 has been filed with the City of Santa Ana seeking to reduce the required building setback along MacArthur Boulevard from fifteen (15) feet to ten (10) feet. Section 41-369 of the Santa Ana Municipal Code requires a 15-foot landscaped setback. F. Santa Ana Municipal Code Section 41-638 authorizes the City Council to grant a variance upon making certain findings. 1. 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 provisions of this Chapter. The proposed reduction in the front yard setback will allow the applicant the ability to construct a new addition to the Gateway Plaza retail center. Due to the conveyance of land for the widening of MacArthur Boulevard, the placement of the new buildings was constrained. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of the setback variance will preserve the property owner's ability to develop the property with a project that will be consistent with the General Commercial (C-2) zoning district and with a project that is consistent with the goals and policies of the General Plan. A condition of approval has been incorporated that will require additional, enhanced landscaping along MacArthur Boulevard to mitigate the loss of setback area. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the setback variance will not be detrimental to the public welfare or injurious to surrounding property. The proposed buildings will be buffered by landscaping and outdoor plaza area and will allow the buildings to be placed at the rear of the site, thereby reducing the impact to the adjacent residential uses. 4. That the granting of a variance will not adversely affect the General Plan of the City. Resolution No. 2008-033 Page 2 of 5