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• accommodate both accessibility requirements and lower front yard fence rules. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The variance will allow for the consistent application of a design approach throughout the Cornerstone Village project while providing accessibility ramps and landings. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The project is part of an overall improvement plan to enhance the Cornerstone Village area. 4. That the granting of a variance will not adversely affect the General Plan of the City. The Cornerstone Village program and constituent parts are consistent with the objectives of residential preservation and rehabilitation of the General Plan. Section 2. The Planning Commission has reviewed and considered the information contained in the initial study and the 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 Negative Declaration 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 fairly argued that the Project will have a significant adverse effect on the environment. The Planning Commission hereby certifies and approves the negative declaration and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Pursuant to Title XIV, California Code of Regulations ("CCR") § 735.5(c)(1), the Planning Commission has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. • Section 3. After conducting the public hearing, the Planning Commission hereby approves and adopts the Negative Declaration for Environmental Review No. 00-158. Resolution No. 2000-71 Page 2 of 3