31A - CUP - HDMM ENTERPRISE 3825 WEST FIRST STREET

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CUP No. 2012-22 & VA No. 2012-08 October 8, 2012 Page 5 The proposed use will not adversely affect the economic stability of the area but will instead identify the site as a viable site to conduct business. The site was previously vacant and is proposed to be occupied by a use that is consistent with the zoning for the property. The reuse of the site, in conjunction with the improvements that will be made to the site, will enhance the economic viability of the area. • The use will be in compliance with all regulations and provisions of Chapter 41 (Zoning Code) of the Santa Ana Municipal Code. Site improvements are proposed to the parking lot that will bring the site into compliance with the Zoning Code, in conjunction with a requested variance for a reduction in the vehicle stacking requirement for the drive-through lane. The proposed use will not adversely affect the General Plan, but rather support its goals. Goal 1 of the Land Use Element 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. Variance Popeye's Louisiana Kitchen proponent is seeking a variance to allow a 23 feet reduction, the equivalent of 1.3 cars in length, from the required drive-through lane stacking distance. 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: Variance requests are governed by Section 41-638 of the SAMC, and 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. 31A-7