75B - PH - AMEND DEVELOPMENT AGMT 2005-02

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Amend DA No. 2005-02, CUP No. 2011-05 VA No. 2011-04, SPR No. 2011-01 March 14, 2011 Page 6 • The use will comply with all applicable provisions of Chapters 34 and 41 of the Santa Ana Municipal Code as well as the provisions of the SD-76 zoning district except for the tandem parking requirement. A variance, with appropriate justification, has been submitted in this regard. The proposed use will not adversely affect the General Plan as multi-family residential development is conditionally permitted within the Specific Development No. 76 (SD-76) zoning district. Further, the project is in compliance with Policy 1.3 of the General Plan Land Use Element, which encourages high-density residential development within the City's District Centers and Policy 1.4, which promotes the maintenance and fostering of a variety of residential land uses in the City. Variance Variance requests are governed by Section 41-638 of the SAMC. Variance requests may be granted when it can be shown that the following can be established: • That there exists a special circumstance related to the property, such as size, shape, topography, location or surroundings. • That the granting of the variance is necessary for the preservation and enjoyment of substantial property rights. • That the granting of the variance will not be detrimental to the public or surrounding property • That the granting of the variance will not adversely affect the General Plan If these findings can be made, then it is appropriate to grant the variance. Conversely, the inability to make these findings would result in a denial. Using this information, staff has prepared the following analysis, which forms the basis for the recommendation contained in this report. In analyzing the variance request staff believes that the following findings of fact warrant approval of the variance. • The project site has a special circumstance related to its size, shape and location. The project is on a contained site surrounded by existing commercial and residential developments. Tandem parking will only be used as assigned parking for the residents. The variance will allow the applicant the ability to use the property in a manner that is consistent with similar surrounding commercial, residential and professional uses. 75B-8