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• RESOLUTION NO. 2008-35 ROH- 12/8/08 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2008-20 AS CONDITIONED TO REDUCE THE REQUIRED PARKING FOR THE PROPERTY LOCATED AT 3960 SOUTH MAIN STREET, UNIT C BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Variance No. 2008-20 to reduce the required parking standards for a sandwich shop at 3960 South Main Street, Unit C. B. Variance No. 2008-20 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on December 8, 2008. • C. 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 apply to the subject site that necessitates a parking variance for the project. The site is a small infill retail center within a built out area of the City. The site is surrounded by residential uses on two sides and streets on the other two. Due to its location, the applicant is unable to acquire additional land to meet the parking code. 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 variance to reduce the required on-site parking is necessary for the preservation and enjoyment of the applicant's right to occupy a unit on a retail center that has remained vacant since its construction. This variance Resolution No. 2008-35 Page 1 of 5