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spaces as overflow parking. As a result of this agreement, the <br />effective parking deficit for the proposed hotel is 46 spaces. <br />2. The City Council determines that the following findings which must be <br />established, pursuant to Santa Ana Municipal Code Section 41-638, <br />in order to grant a variance, have been established: <br />That because of special circumstances applicable to the subject <br />property, including size, shape, topography, location or <br />surroundings, that the strict application of the zoning ordinance <br />is found to deprive the subject property of privileges not <br />otherwise at variance with the intent and purpose of the <br />provisions of this Chapter. <br />The MacArthur Place South site is a contained site <br />surrounded by existing commercial and residential <br />developments. The shared parking analysis, prepared <br />by Fehr & Peers has determined that sufficient parking <br />will be provided for the project during times of peak <br />demand. The parking variance will allow the applicant <br />the ability to use the property in a manner that is <br />consistent with similar surrounding commercial, <br />residential and professional uses. <br />ii. That the granting of a variance is necessary for the <br />preservation and enjoyment of one or more substantial property <br />rights. <br />The granting of the variance to allow reduction in <br />parking requirement will preserve the property owner's <br />ability to develop the property with a high quality hotel <br />that is consistent with the Specific Development No. 76 <br />(SD-76) zoning district. The shared parking analysis, <br />prepared by Fehr & Peers has determined that <br />sufficient parking will be provided on site in a <br />combination of surface and structured parking during <br />times of peak demand. <br />iii. That the granting of a variance will not be materially detrimental <br />to the public welfare or injurious to surrounding property. <br />The granting of the variance to allow reduction in <br />parking requirement will not be materially detrimental to <br />the public welfare or injurious to surrounding property. <br />Conditions have been added requiring the submittal of <br />a parking management plan for the surface parking lot <br />Resolution No. 2009- <br />758-116 Page 4 of 30 <br />