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Avenue is an arterial street that was constructed according to City specification. C. The City Council of the City of Santa Ana determines that the following findings have 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. The Tustin Center/LA Fitness site is a contained site surrounded by existing commercial developments. The setback and landscaping reduction are necessary due to the current driveway location and the design restrictions of a health club. The setback and landscaping variance will allow the applicant the ability to use the property in a manner that is consistent with similar surrounding commercial and professional uses. ii. 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 will preserve the property owner's ability to develop the property with awell-designed office and health club facility that is consistent with the Professional and Administrative Office (PAO) zoning district.. iii. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the variance will not be materially detrimental to the public welfare or injurious to surrounding property because the proposed health club and office building will not generate additional operational impacts on Tustin Avenue. An EIR was prepared when this project was originally entitled, mitigation measures have been incorporated into the project approval. iv. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance will not adversely affect the • General Plan of the City since the proposed health club and Resolution No. 2003-07 Page 3 of 4