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Analysis Background On November 15, 2018, the Community Development Department opened Code Enforcement case No. EN-1800486 for the construction of a 10-foot tall solid fence within the front setback. Because the fence is a solid material and exceeds permitted fence height, the fence is subject to structure setbacks. Pursuant to Development Title Table 9-610.2, structures must be set back a minimum of thirty (30) feet from the front property line, on the subject parcel. On March 7, 2019, the applicant submitted Variance application No. PA-1900044 to reduce the minimum required front yard setback for a ten (10) foot tall solid fence in the AG-40 (General Agriculture, 40-acre minimum)zone from thirty(30)feet to one and a half(1.5)feet from the front property line. Fire Access The property has access to North Davis Road from two (2) access points, with driveways integrated into the existing wall. The site plan depicts the northern driveway as 20-feet wide and the southern driveway as 13-feet wide. In an e-mail dated May 16, 2019, Chief Butler of the Woodbridge Fire District stated the existing access meets applicable fire code requirements. However, a Knox Box would be required at both gates at the time of Building Permit. Neighboring Properties A field survey conducted by the Community Development Department identified three (3) properties in the vicinity of the subject property with similar solid fences. However, these fences were built pursuant to the existing building code and Development Title standards. As a result, no additional review is necessary. Policy Consideration In order to approve a Variance application, three(3)findings must be made in the affirmative.The applicant submitted findings for the approval of the application. The Community Development Department has reviewed the applicant's findings and is recommending that the Planning Commission deny the Variance application because Findings Number 1 and Number 2 cannot be made in the affirmative. If the Planning Commission approves this Variance application, the applicant must obtain a Building Permit. Fees are associated with this process. Finding No. 1: Special Circumstances Because of the special circumstances applicable to the property, including size, shape, topography, location, or surroundings, the strict application of the regulation deprives the property of privileges enjoyed by other property in the vicinity and under identical zoning classification. Applicant's Statement: "The Applicant's property is on a dead end road and is part of the existing agricultural community which currently has many other residences with fences similar in both height and placement as compared to the fence on the applicant's property". • This finding cannot be made because the property has no special circumstances. The applicant's proposed finding is not related to the size, shape, topography, location, or surroundings of the parcel. The property has not been denied a privilege enjoyed by other property in the vicinity and under identical zoning classifications; surrounding property San Joaquin County PA-1900044/Panella Community Development Page 4