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1. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a variance upon making certain findings. 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 the provisions of this chapter. Special circumstances exist in that this lot's location along two major arterial streets and adjacency to two built-out properties prevents the project from being able to meet the side yard setback requirements without resulting in a deficiency in another aspect of the site's requirements. The proposed plan addresses the intent of the side yard setback requirements by increasing the height of the existing wall to six feet and installing decorative vines. ii. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. • The granting of this variance would allow the property to be re-developed with a high quality fast-food restaurant which meets all other applicable development standards and is a permitted use in the C- 5zoning district. iii. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The proposed restaurant will have no detrimental impacts on the surrounding properties or neighborhood. The lot is currently developed with afast-food restaurant and drive-through facility which will be demolished and replaced with a similarly scaled nationally recognized fast-food facility. The project has been designed and conditioned to mitigate any potential impacts the new design may have. iv. That the granting of a variance will not adversely affect the General Plan of the City. Resolution No. 2009-06 Page 5 of 13