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commercial properties and encourages increased levels of <br />• capital investment. <br />D. Santa Ana Municipal Code Section 41-638 authorizes the City Council to <br />grant a Variance upon making certain findings. <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 is <br />found to deprive the subject property of privileges not otherwise at <br />variance with the intent and purpose of the provisions of this <br />Chapter. <br />The Riverview West Marketplace is a contained site <br />surrounded by existing commercial development. The <br />shared parking analysis, prepared by Douglas MacPherson, <br />Traffic Engineer, has determined that sufficient parking will <br />be provided for the project during times of peak demand. <br />The variance will allow the applicant the ability to use the <br />property in a manner that is consistent with similar <br />surrounding commercial uses. <br />2. That the granting of a variance is necessary for the preservation <br />• and enjoyment of one or more substantial property rights. <br />The granting of the variance will preserve the owner's ability <br />to provide new development within an underutilized <br />shopping center. The proposed tenants will bring additional <br />revenue and clientele to the existing shopping center and will <br />not create any encumbrances to property rights. <br />3. That the granting of a variance will not be materially detrimental to <br />the public welfare or injurious to surrounding property. <br />The granting of the variance will not be materially detrimental <br />to the public welfare or injurious to surrounding property <br />because the proposed tenant pads are within an existing <br />shopping center that will not generate additional operational <br />impacts to the surrounding areas. A mitigated negative <br />declaration was prepared which incorporated various <br />mitigation measures to ensure that any impacts are reduced <br />to below any level of significance. <br />4. That the granting of a variance will not adversely affect the General <br />Plan of the City. <br />The granting of the variance will not adversely affect the <br />• General Plan of the City since both the drive-though <br />Resolution No. 2005-26 <br />Page 3 of 5 <br />