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• mitigation monitoring plan 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, CAR § 735.5(a)(3), the payment of Fish and Game Department filing fees is not inquired in conjunction with this project. 2. The Planning Commission approves Variance No. 00-17 as conditioned in Exhibit A hereto, which is incorporated herein by this reference. This decision is based upon the evidence submitted at the abovesaid hearing upon which this Commission finds and determines as follows: A. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, that the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. • The subject property is 16.6 acres which is substantially larger than the majority of commercial centers constructed in the City. The development pattern of the site includes a five foot landscaped parkway, a five foot public sidewalk, and a 12 foot landscaped setback with a screen wall at the top of a six foot berm. The physical constraints created by the berm and wall reduces visibility into the commercial center and therefore a larger pylon sign along the primary street frontage (variance request no. 1) is justified. The strict application of the sign code with regard to the size and height of the pylon sign (variance request no. 1) is inappropriate given the topography of the site created by the landscaped berm. A four foot landscape planter will be provided around all sides of freestanding signs in accordance with City sign code requirements except where it is physically impossible to meet this City requirement due to the size and configuration of the approved landscape setback (variance request no. 3). Not allowing an increase in the size of the pylon sign and secondary signage for the center (request nos. 1-2 for a variance) would deprive the subject property of privileges that the City has provided other commercial centers of a similar size and nature. The proposed freestanding signs draw on the materials and form of the existing PacifiCenter signs, logo, artwork, and landscaping. The design is fully integrated with the on-site landscape theme. There are multiple