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Recommendations Action It is recommended that the Planning Commission: 1. Approve the Negative Declaration; 2. Approve Deviation Application No. DV-97-1 with the Findings and Conditions of Approval contained in the staff report; and 3. Approve Site Approval Application No. SA-97-11 with the Findings and Conditions of Approval contained in the staff report. Findings for Deviation No. DV-97-1 1. The granting of the Deviation will not be materially detrimental to other properties or land uses in the area. • This finding can be made because the Deviation is for less than 40 percent of the front yard setback and less than 30 percent of the rear yard setback, and the underlying use is permitted in the AU-20 zone. 2. There are exceptional or extraordinary circumstances or conditions applicable to the property or to the intended uses that do not apply to other properties in the same zoning district in the vicinity. • This finding can be made because of the extremely irregular shape of the subject parcel and the location of 1-5 and South Manthey Road. 3. The strict application of the regulation deprives the property of privileges enjoyed by other properties in the vicinity. This finding can be made because the location of the proposed structure will best fit on the irregular, triangular shaped parcel. Although the cellular facilities could be located on another portion of the site and meet setbacks, the proposed location works best given the irregular shape of the subject parcel. 4. The granting of the Deviation is consistent with the goals, policies, standards, and maps of the General Plan, any applicable Master Plan, Specific Plan, and Special Purpose Plan, and any other applicable plan adopted by the County. • This finding can be made because the proposed wireless communications facility meets all other requirements of the Development Title, and no other plans apply. San Joaquin County DV-97-1, SA-97-11/Robinson Community Development Page 6