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ANALYSIS Background This Variance application is proposed as part of a San Joaquin County project to replace the existing Public Health Services building. The proposed new Public Health Services facility will be constructed within the existing parking area of the current Public Health Services facility to allow for the current operations to continue throughout the construction process. Upon completion of construction of the new facility, the existing Public Health Services building will be demolished, and on-site improvements will be completed. The Variance application proposes to reduce the street side yard setback from twenty (20)feet to ten (10) feet. The proposal is consistent with the City of Stockton regulations for street side yard setbacks in the applicable zone, but does not meet the requirements of the San Joaquin County Development Title. Because the proposed project is a County project, the County development regulations apply. As a County project on County-owned property, the underlying project is not subject to any additional land use permitting. CEQA Exemption This application is a Variance, and the underlying development is not subject to discretionary land use permitting. Pursuant to the California Environmental Quality Act (CEQA), a project is not defined by the application, but the whole of an action that has the potential for resulting in impacts to the environment. As a result, the environmental review for the Variance encompassed the development of the new Public Health Services facility, which will replace the existing facility. The Community Development Department determined that the proposed project is exempt from CEQA under a Class 2 Categorical Exemption (CEQA Guidelines Section 15302). This exemption states that projects involving the replacement or reconstruction of existing structures or facilities on the same site and having substantially the same purpose and capacity are exempt from CEQA review. Findings In order to approve the Variance application, the Planning Commission is required to make three (3) findings in the affirmative pursuant to Development Title Section 9-827.5. Finding 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 request of this Variance is for the County of San Joaquin to permit a reduction to the side street setback distance from the County's regulation of twenty(20) feet and permit the project to adhere to the City of Stockton side street setback regulation of ten (10) feet. The project site is located within the City of Stockton limits and properties in the surrounding vicinity and zone are held to the City of Stockton regulations of a side street setback of ten (10) feet. Planning Commission Staff Report, Item # 3 12/19/2019 - PA-1900223 (VR) 5