20121008_2012-11_3825WFirst St - Laserfiche WebLink

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• encourages uses that promote a balance of land uses that address basic community needs. Goal 2 encourages uses that enhance the City's economic and fiscal viability. Goal 5 ensures that the impacts of development are mitigated. In addition, the proposed restaurant use is consistent with the concepts and policies of the North Harbor Specific Plan to promote uses that enhance and support the residential uses surrounding Harbor Boulevard, and Goal 5 supports the enhancement of the economic viability of the Harbor Boulevard area. The restaurant will further these policy goals as it will occupy a vacant space within a major commercial center, thereby identifying this center as a viable and successful economic center. E. Santa Ana Municipal Code Section 41-1341 requires each drive-through eating establishment to have vehicular stacking lanes of at least 80 feet from the pick-up window to the order point, and 80 feet from the order point to the end of the drive-through lane. The proposed project only provides 57 feet between the entry point of the drive-through lane and the food order window. F. Santa Ana Municipal Code Section 41-638(a)(2) authorizes the Planning Commission to grant a variance upon making certain findings. • 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. The project site has a special circumstance related to its size, shape and location. The property is located adjacent to First Street on one side, and surrounded by an existing fully developed commercial center to the north, east and west. The subject parcel and the surrounding commercial parcel are integrated with shared parking and common access, they are separate legal parcels. The existing drive-through stacking lane has been expanded, within the existing surrounding physical limitations of the site. The existing building footprint, parking and onsite circulation has limited the feasibility of providing the full vehicle stacking distance required for a drive-through lane. Therefore, special circumstances exist that warrant a variance from vehicle stacking requirements. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. • Resolution No. 2012-11 Page 3 of 6