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Recommendations <br /> Action <br /> It is recommended that the Planning Commission: <br /> 1. Approve the Negative Declaration; <br /> 2. Approve Variance Application No. VR-99-2 based on the ability to make the Findings for a <br /> Variance contained in the staff report;and <br /> 3. Approve Site Approval Application No. SA-99-53 with the Findings and Conditions of Approval <br /> contained in the staff report. <br /> Findings for a Variance <br /> 1. Because of special circumstances applicable to the property, including size, shape, topography, <br /> location, or surroundings, the strict application of the regulation deprives the property of privileges <br /> enjoyed by other properties in the vicinity and under identical zone classification. <br /> This finding can be made because the structures where the chickens will be housed <br /> already exist within the required setback and are not able to be moved. <br /> 2. The granting of the Variance will not constitute a grant of special privilege inconsistent with the <br /> limitations on other properties in the vicinity and zone in which the property is situated. <br /> This finding can be made because the past use has been a poultry farm, the proposed <br /> use is for a poultry farm, and currently there exists similar poultry farms in the immediate <br /> vicinity. <br /> 3. The Variance will not authorize a use or activity which is not otherwise expressly authorized by the <br /> regulation governing the parcel of property. <br /> This finding can be made because the Variance application is for setback requirements <br /> that would allow for a permitted use in the Agricultural zone and would not authorize a <br /> use or activity which is not otherwise expressly authorized by the regulation governing <br /> this parcel of property. <br /> Findings for a Site Approval <br /> 1. The proposed use is consistent with the goals, polices, standards, and maps of the General Plan, any <br /> applicable Master Plan, Specific Plan, and Special Purpose Plan, and any other applicable plan <br /> adopted by the County. <br /> This finding can be made because poultry farms may be conditionally permitted in the <br /> AG-40 zone. <br /> San Joaquin County VR-99-2, SA-99-53\Kahn <br /> Community Development Page 4 <br />