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There are special circumstances applicable to the <br />• subject property. The subject site is located on the <br />southeast corner of Tustin Avenue and Lenita Street, <br />which is a contained site surrounded by existing <br />commercial developments. The number of parking <br />spaces provided will be sufficient since the site will be <br />used by pedestrians from the adjacent retail, office <br />and residential buildings. <br />b. That the granting of a minor exception is necessary for the <br />preservation and enjoyment of one or more substantial <br />property rights. <br />The granting of the minor exception is necessary to <br />develop the property with awell-designed restaurant <br />and retail building that is consistent with the <br />Community Commercial (C1) zoning district. <br />c. That the granting of a minor exception will not be materially <br />detrimental to the public welfare or injurious to surrounding <br />property. <br />The granting of the variance will not be materially <br />• detrimental to the public welfare or injurious to <br />surrounding property because the proposed restaurant <br />and retail space will not generate additional <br />operational impacts to surrounding property. A <br />Mitigated Negative Declaration was prepared and <br />mitigation measures have been incorporated into the <br />project approval. <br />d. That the granting of a minor exception will not adversely <br />affect the General Plan of the City. <br />The granting of the minor exception will not adversely <br />affect the General Plan of the City since the proposed <br />coffee house building is designed in conformance with <br />the Community Commercial (C1) zoning district <br />development standards and General Plan <br />requirements. <br />Section 2. The Planning Commission has reviewed and considered the <br />information contained in the initial study and the mitigated negative declaration and <br />mitigation monitoring program for Environmental Review No. 99-152 prepared with <br />respect to this Project. It is determined that, as required pursuant to the California <br />Environmental Quality Act ("CEQA") and the State CEQA Guidelines, a mitigated negative <br />declaration and mitigation monitoring program adequately addresses the expected <br />Resolution No. 2004-14 <br />Page 3 of 5 <br />