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encourages uses that promote a balance of land uses that <br />address basic community needs. Goal 2 encourages uses <br />that enhance the City's economic and fiscal viability. Goal 5 <br />ensures that the impacts of development are mitigated. In <br />addition, the proposed restaurant use is consistent with the <br />concepts and policies of the North Harbor Specific Plan to <br />promote uses that enhance and support the residential uses <br />surrounding Harbor Boulevard, and Goal 5 supports the <br />enhancement of the economic viability of the Harbor <br />Boulevard area. The restaurant will further these policy <br />goals as it will occupy a vacant space within a major <br />commercial center, thereby identifying this center as a viable <br />and successful economic center. <br />E. Santa Ana Municipal Code Section 41-1341 requires each drive-through <br />eating establishment to have vehicular stacking lanes of at least 80 feet <br />from the pick-up window to the order point, and 80 feet from the order point <br />to the end of the drive-through lane. The proposed project only provides 57 <br />feet between the entry point of the drive-through lane and the food order <br />window. <br />F. Santa Ana Municipal Code Section 41-638(a)(2) authorizes the Planning <br />Commission to grant a variance upon making certain findings. <br />That because of special circumstances applicable to the subject <br />property, including size, shape, topography, location or <br />surroundings, the strict application of the zoning ordinance is found <br />to deprive the subject property of privileges not otherwise at <br />variance with the intent and purpose of the provisions of this <br />chapter. <br />The project site has a special circumstance related to its <br />size, shape and location. The property is located adjacent to <br />First Street on one side, and surrounded by an existing fully <br />developed commercial center to the north, east and west. <br />The subject parcel and the surrounding commercial parcel <br />are integrated with shared parking and common access, <br />they are separate legal parcels. The existing drive-through <br />stacking lane has been expanded, within the existing <br />surrounding physical limitations of the site. The existing <br />building footprint, parking and onsite circulation has limited <br />the feasibility of providing the full vehicle stacking distance <br />required for a drive-through lane. Therefore, special <br />circumstances exist that warrant a variance from vehicle <br />stacking requirements. <br />2. That the granting of a variance is necessary for the preservation <br />and enjoyment of one or more substantial property rights. <br />Resolution No. 2012-xx <br />31 A-19 Page 3 of 6