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A. There are exceptional or extraordinary circumstances or conditions applicable to the property or the intended use that do not apply generally to other properties or uses in the same vicinity and zone because the property is located in the 100-year flood zone, and the practicality of complying with an urban form design standard that requires 50 percent of the buildiing frontages to be located within the 10-foot building setback line is impractical because of these unique physical constraints. Compliance with the application set -back requisition would require substantially tall retaining wails along the frontage of Eureka Street and Stuart Avenue, which would be visually obtrusive and contrary to the intent of this set back standard, which is to locate buildings near the street to improve the pedestrian character of the downtown area. B. The variance is necessary for the preservation and enjoyment of a substantial property right possessed by other properties in the same vicinity and zone district, but which is denied to the property in question because there are other colmnercial properties that have been constructed pursuant to the provisions of the Downtown Specific Plan which have less than 50 percent of the 10 foot building setback line occupied by building frontage as a result of the need to accommodate elevation changes and necessary ramping to keep building floors outside of the floodplain and meeting accessibility requirements. These properties include the Chipotle project (CRA 673) which was built in 1996 and has the entire building setback at 25 feet, 15 feet beyond the 10 foot setback line; "The Patio" commercial center located at 623-633 Orange Street was built in 1999 and has the buildings setback at 15 feet, 5 feet beyond the 10 foot setback line; the Packing House Phase I shopping center at Eureka and Stuart which has a number of buildings all elevated and located beyond the 10 foot setback line. All of these coiminercial projects would not have been possible without the majority of the building being placed beyond the 10 setback line. Therefore the variance for the buildings in the proposed project to be placed outside of the 10 foot setback line is necessary for the preservation and enjoyment of a substantial property right possessed by other properties in the same vicinity and zone district, namely the ability to construct a viable commercial building outside of the floodplain and accessible entrances for all. C. The granting of the variance will not be detrimental to the public welfare or injurious to the property or improvements of others in the vicinity because the project does not cause harem to the general welfare or the public, nor is the project injurious to surrounding property. By allowing the buildings to be set back beyond the maximum 10-foot building line, retaining walls are kept at a minimal height, and negative visual 'impacts and circulation visibility will be avoided. D. The granting of the variance will not adversely affect the City of Redlands General Plan because the project is located in the Commercial designation of the General Plan and the proposed retail and commercial center is a permitted land use in the General Plan and a recommended land use in the Downtown Specific Plan. Approval of the variance would not adversely affect the General Plan as there are no policies that pertain to this issue. Section 2. The proposed project is subject to the California Enviromnental Quality Act (CEQA), the City has prepared an Addendum to the Environmental Impact Report in accordance with the State CEQA Guidelines and there is no substantial evidence of environmental impacts beyond what was analyzed in the Enviromnental Impact Report. -2- IAResolutionslRes 7900-7999\7985 Variance No.802.doc