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Conditional Use Permit No, 2016 -06 Variance No. 2016 -01 March 28, 2016 Page 3 congregation and the surrounding community. The proposed church supports several goals and policies of the General Plan, including Policy 5.1 of the Land Use Element which encourages development which has a net benefit to the community and Policy 1.8 of the Land Use Element which encourages the development of non - profit recreational facilities and services. Variance The SAMC also regulates the required landscaped setbacks for properties in the A -1 zoning district. The purpose of regulating setbacks is to preserve the quality of the visual environment by ensuring that new development is harmonious in scale and character with existing development in the area. In this case the applicant is requesting approval to reduce the required setback along both Grand and Santa Clara Avenues to 10 feet. Section 41 -627 of the SAMC establishes the minimum landscaped setback of 15 feet for a church use. Through the variance process, the SAMC also provides for 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. In this case, there are special circumstances of the subject site that would warrant a variance from the landscaped setback standard. The following outlines the unique challenge of this particular parcel of land. The project site is located on a corner lot fronting both Grand and Santa Clara Avenues, major arterial streets as defined by the Circulation Element of the General Plan. Additionally, the site is occupied by a structure that was constructed in 1966 when the development standards were substantially less than currently exists in the Zoning Code. The current placement of the building and configuration of the existing parking spaces makes it infeasible to reoccupy the building without a variance as almost half of the spaces would need to be removed to provide the 15 -foot setback. As a result, staff is supportive of the applicant's request for a setback variance. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt for further review per Section 15061(b)(3). The general rule exemption allows projects to be exempt from CEQA if it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. As the project will be in compliance with all provision of the Municipal Code with the exception of the landscaped setback standard, and no adverse environmental impacts will result from the variance, it has been determined that the project will not have an effect on the environment. Statutory Exemption Environmental Review No. 2015 -76 will be filed for this project. 31 C -5