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that would create public health problems. The subdivisions proposed in Tentative Parcel Map No. 2005-08 will not affect the health or safety of persons residing in the vicinity since the project does not involve any new buildings on the project site. vi. The design or improvements of the proposed project will not conflict with easements necessary for public access through or use of the property within the proposed project. The subdivision proposed will not create any conflicts with existing easements found on the site. If approved, Covenants, Conditions and Restrictions (CC&Rs) will be required to ensure the appropriate easements such as access, egress, drainage, utility and other necessary easements are maintained over both parcels. D. Applicant is requesting approval of Variance No. 2005-61(a) to allow a reduction in parking spaces; Variance No. 2005-61(b) to allow a reduction in minimum setbacks; and Variance No. 2005-61(c) to allow a reduction in landscaping for the property located at 2106-2230 North Tustin Avenue 1. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a variance upon making certain findings. The • Planning Commission determines that the findings necessary to grant the Variances have not been established: i. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, that 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. There is no special circumstance applicable to the subject property. The subject site is approximately 3.17 acres in area, located on the southwest corner of Tustin and Santa Clara Avenues. The property is flat, slightly irregular in shape and is currently occupied by three commercial buildings with a total floor area of 31,100 square feet. The site is surrounded by commercial uses to the north, south and east and multi-family residential to the west. The adjacent commercial buildings are developed on sites with similar lot size and configurations. As such, the subject property is not being deprived of privileges that are not otherwise at variance with the intent and • purpose of the provisions of SAMC Chapter 41 because of strict application of the zoning ordinance. Resolution No. 2005-78 Page 3 of 6