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building to meet the current setback and landscape • standards. b. 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 restaurant and retail space that is consistent with the Community Commercial (C1) zoning district. c. 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 restaurant and retail space will not generate additional operational impacts to surrounding property. A Mitigated Negative Declaration was prepared and mitigation measures have been incorporated into the • project. d. 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 restaurant and retail space was designed in conformance with City Zoning, Development, and General Plan requirements. C. Minor Exception No. 2004-03 has been filed with the City of Santa Ana seeking to allow a reduction in the parking requirement. 1. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a minor exception upon making certain findings. a. 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 minor exception with the intent and purpose of the provisions of this Chapter. Resolution No. 2004-14 Page 2 of 5