SU0005261 - Laserfiche WebLink

Home Browse Search

Analysis Background On April 22, 1976, the San Joaquin County Board of Zoning Adjustment approved Use Permit No. U-76- 80 for a rice drying and storage facility. The 29.47 acre parcel was zoned GA-5- On April 19, 1990, the San Joaquin County Planning Division approved Lot Line Adjustment Application No. LA-90-55. The Lot Line Adjustment reduced the project parcel to 27.3 acres. On April 19, 1990, the San Joaquin County Planning Division also approved Minor Subdivision Application No. MS-90-76 for three lots. The parcel was zoned AL-10. Resultant Parcel 1 was a 1.3 acre homesite parcel for a family member. Parcel 2 was a 15.3 acre parcel that contained the rice drying facility. Parcel 3 was a 10.8 acre unimproved parcel. Area Exceptions An area exception for the Agricultural Processing Use Type is only applicable in the General Agriculture zone, not in the Limited Agriculture zone. Variance A Variance application provides a means of altering the requirements of the Development Title in specific instances where the strict application of those requirements would deprive a property of privileges enjoyed by other properties in the vicinity and under identical zoning because of special circumstances applicable to the property involved. For a Variance application to be approved, three Findings for a Variance(included in the staff report) must be made in the affirmative. Findings No. 1 and 2 cannot be made in the affirmative. Finding No. 1 requires that there be special circumstances which deprive the property of privileges enjoyed by other properties in the vicinity. In support of this Finding, the applicant states that"the existing dryer is the only operating rice dryer in the area"and that"its aggregate operations differ from that of the remainder parcel."There is no mention of special circumstances that deprive the property of privileges enjoyed by other properties. The parcel is a flat, roughly rectangular shaped lot that is similar to surrounding properties. Therefore, Finding No. 1 cannot be made in the affirmative. Finding No. 2 does not permit the granting of special privileges that are inconsistent with the limitations upon other properties in the vicinity and zone in which the property is located. The applicant states that "the existing land use and physical characteristics will not exceed the special privileges enjoyed by other properties in the vicinity, specifically the convenience supply store, veterinary clinic, auction yard, and welding shop." However, the convenience store and auction yard are in a different zone (AG-40). There is no land use permit for the welding shop, only a business license for a Home Occupation. Also, the veterinary clinic is on a parcel that was created as a homesite for a family member in 1990- A home was never built, the property was sold, and the new owner built the large animal veterinary clinic (SA-99-52). All the parcels in the vicinity under 10 acres were created when the zoning and the Development Title permitted such parcels. Creating parcels below ten (10) acres is not permitted under the current AL-10 zoning. Permitting one property to vary the limitations of the AL-10 zone, while all other properties in the vicinity must abide by these same limitations, constitutes special privileges. The effect of this application is to rezone the property through the Variance process. Therefore, Finding No. 2 cannot be made because San Joaquin County PA-0500477/Moffit Community Development Page 3