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~~ Kdo/12/04/01 RESOLUTION NO. 2001-60 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING AND ADOPTING, THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM FOR ENVIRONMENTAL REVIEW NO. 00-187 AND APPROVING VARIANCE NO. 2001-10 AS CONDITIONED FOR THE PROPERTY LOCATED AT 1401 EAST WARNER AVENUE C~ BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. The Mitigated Negative Declaration and the Mitigation Monitoring Program for Environmental Review No. 01-187 and Variance No. 2001-10 came before the Planning Commission of the City of Santa Ana for a public hearing on December 10, 2001. B. The Planning Commission determines that the following findings, which must be established in order to grant a variance from the provisions of the Santa Ana Municipal Code, have been established: 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, 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. Due to the long, narrow shape of the lot, the strict application of the zoning code would result in the removal of the existing office building and would result in the deletion of parking stalls due to the need to reconfigure the operation of the facility. The granting of the variance will allow Vulcan Materials Company the ability to make on-site improvements while allowing the office building to remain. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. r~ The granting of the variance to allow a reduced landscaped setback is necessary for the enjoyment of property rights as Resolution No. 2001-60 Page 1 of 3