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CUP No. 2013-26 and VA No. 2013-09 August 26, 2013 Page 5 Variances 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. The applicant is proposing to obtain variances to allow a reduction in parking as well as to exceed the allowable height. The first variance is to allow an eight space (seven percent) reduction in parking. Section 41-1411 of the SAMC requires a minimum of 123 parking spaces for this project, while the applicant proposes to provide 115 parking spaces. The applicant contends that the meditation center does not operate like the traditional churches found in the neighborhood as it does not offer the structured worship services found in a traditional church. According to the applicant, a typical Sunday session consists of about 20 members visiting the site for prayer at any given time. However, in order to address the shortage of eight parking spaces, the applicant proposes to maintain an off-site parking agreement with the Santa Ana Unified School District and provide additional parking at Lincoln Elementary School, which is approximately 1,000 feet north of the meditation center site. To address parking concerns during special events, a condition of approval has been incorporated into the project that requires the applicant to submit a Special Event Parking Management Plan. This plan will include specifics on off-site parking, bussing and transportation, hours of operation and traffic management, all in an effort to minimize impacts to the surrounding neighborhoods. The second variance is to allow the building to exceed the allowable height in the R1 zoning district. Section 41-233 of the SAMC establishes the maximum height of buildings to 27 feet and two stories in height in the R1 zone. The SAMC provides the ability to vary from the design standards contained in the code where there is a condition unique to size, shape, topography, location or surroundings of the site. Regulating building height preserves the quality of the visual environment by ensuring that new development is harmonious in scale and character with existing 31 C-7