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• The variance required is for existing site conditions. The strict application of the zoning code would not allow the gas station use on this site without requiring that an existing eight-foot wall that is covered in landscaping be demolished and moved five feet into the site on Maple Street and moved 15-feet into the site along Columbine Avenue. The relocation of the wall would be a hardship on the applicant. A variance from this requirement will allow the property to be utilized in a manner that is consistent with surrounding industrial uses in the area. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of the variance for a reduction in landscaping will preserve the property owners ability to develop the property with a use that will benefit the community by providing an alternative fuel source to the public and a project that is consistent with the City's service station standards. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The project will not be materially detrimental to the public • welfare or injurious to surrounding property as proposed. Additional trees are being added to the site and chainlink fencing is being removed and replaced with a wrought iron material which will enhance the projects appearance from the street. 4. That the granting of a variance will not adversely affect the General Plan of the City. The granting of a variance will not adversely affect the General Plan of the City since the proposed CNG gas station is designed in conformance with City zoning, development and General Plan requirements. The variance for setback and landscape buffer reduction is necessary in order to allow this property to be utilized in a manner that is consistent with similar surrounding industrial use. Section 2. The Planning Commission has reviewed and considered the information contained in the initial study and the mitigated negative declaration prepared with respect to this Project. The Planning Commission has, as a result of its consideration and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA • Guidelines, a Mitigated Negative Declaration and the Mitigation Monitoring Program adequately addresses the expected environmental impacts of this Project. On the basis of this review, the Planning Commission finds that there is no evidence from which it can be Resolution No. 2002-13 Page 2 of 4