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oe4�kN APPLICATION - DEVIATION SAN JOAQUIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT � i FILE NUMBER: DV- GlFOtr� FINDINGS The following findings of fad must be made by the County before a Deviation can be granted. Indicate what facts in the case of this application support each of the findings. 1. The granting of the Deviation will not be materially detrimental to other properties or land uses in the area. The winery will be located in a heavy agricultural area. High production of almonds and walnuts. It is surrounded by orchards with minimal residences. It will not create traffic,as this will be by appointment only,with no open public access. The entire property is completely fenced and gated in. It will not impact the environment by noise or air quality. The property is located on a very busy,noisy road,River Road. Any visitors would come in by appointment from our access on Burwood(d3 on site plan). In addition,we are located to a busy train track(runs 24/7). In addition,there is a nut hauler processing plant across the street which creates ambient noise day and night during harvest season.We have many trees on the premises that also act as a buffer(see site plan). This is a very small production which will have minimal impact to environment and surrounding area. 2. There are exceptional or extraoramary circumstances ur 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 is a very small winery/agricultural business in comparison to those in vicinity. The two other wineries located on River Rd have much larger production: McManis Winery and Lucca Winery. In order to comply with the minimum setbacks(middle of our property),we would have to remove our inground pool,concrete patio and landscape which is part of our residence,and is not an option. 3. The strict application of the regulation deprives the property of privileges enjoyed by other properties in the vicinity. The setback restrictions are not met;therefore,asking for acceptance of the proposed deviation. There are 2 other wineries located on River Road. 1 4. The granting of the Deviation is consistent With the General Plan. The proposed General Plan is consistent with granting the Deviation.This small winery with limited public visitation/use will have little to no impact on the other properties in the vicinity. AUTHORIZATION SIGNATURES ONLY THE OWNER OF THE PROPERTY OR AN AUTHORIZED AGENT MAY FILE AN APPLICATION. I, the Owner/Agent agree, to defend, indemnify, and hold harmless the County and its agents, officers and employees from any claim,action or proceeding against the County arising from the Owner/Agent's project. I,further, certify under penalty of perjury that I am (check one): 54 Legal property owner(owner includes partner, trustee, trustor, or corporate officer)of the property(s) involved in this application, or ❑ Legal agent(attach proof of the owner's consent to the application of the proper, ' s application and have been authorized to file on their behalf., and that the fo[gWing application tr a and correct. Print Name:/MleOdP_ 1�Yrs Signature: Date: Pint Name: rI/lP 1 VG4r 4 vYfW7 Signature: C Date:-311131 Print Name: Signature: Date: Print Name: Signature: Date: Print Name: Si nature: Date: F:\DEVSVC\Planning Application Forms\Deviation.doc. (Revised 5-11-09) Page 5 of 8