31A - CUP - HDMM ENTERPRISE 3825 WEST FIRST STREET

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CUP No. 2012-22 & VA No. 2012-08 October 8, 2012 Page 6 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 must be able to show that findings can be made that support the criteria listed above. 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 proposed restaurant is also designed to comply with the development standards set forth in Chapter 41 of the Santa Ana Municipal Code including front yard setbacks and landscaping. • The granting of the variance is necessary for the preservation and enjoyment of substantial property rights. Allowing the restaurant to be improved and reoccupied with a reduction in the drive-through stacking lane will allow the owner the ability to utilize the property with a well- designed commercial use that is consistent with the North Harbor Specific Plan zoning district (SP-2). Shifting the structure or relocating the menu board or pick-up window to comply with the 80 foot stacking requirement, as measured from the menu board to the end of the drive- through lane, would reduce the feasibility of the proposed commercial endeavor. The granting of the variance will not be materially detrimental to the public or surrounding properties as the building and site have been designed to comply with all applicable development standards. The new restaurant building and related site improvements and landscaping will enhance this property as well as the surrounding properties. The ledger stone veneer at the main entries and stucco materials, as well as decorative metal awning, faux shutters, and wrought iron features are proposed to enrich the elevation and contribute to the character and aesthetics of the adjacent business community and neighborhood. 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 the development are mitigated. Public Notification The project site is located within with the Riverview West Neighborhood Association and west of the Santa Anita Neighborhood Association boundaries. Upon request, staff attended the Riverview Neighborhood Association on September 18, 2012 to share the project plans and development 31A-8