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The application of the County of San Joaquin's side street setback distance regulation does not align with the setback distance regulation of neighboring properties in the vicinity, in which the City of Stockton side street setback distance is followed. • The strict application of the regulation does deprive the property of privileges enjoyed by other properties in the vicinity under the same zoning classification because the County project is held to the standards of the San Joaquin County Development Title, not the zoning regulations for the City of Stockton, which govern all other properties in the vicinity. As a result, the proposed project is not permitted the same setback allowances as other properties in the area under the same or similar zoning and in the area. Because the project site is located within the city limits of the City of Stockton, a reduction of the street side setback for the proposed facility will provide the property the same building envelope as other properties in the vicinity. Finding 2: No Special Privileges The granting of the Variance will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the property is situated. Applicant's Statement: The granting of this Variance does not constitute special privileges. Properties in the surrounding vicinity and zoning areas are within the City of Stockton limits, and are, therefore, held to the City of Stockton setback regulations of ten (10) feet for side streets as identified within Table 2-3 of the Stockton Municipal Code, Section 16.24.200. The San Joaquin County Public Health Service variance aligns with the City of Stockton regulations for side street setback distance of ten (10) feet. The request of this variance only applies to the side street setback reduction to ten (10) feet. • The granting of this Variance will not constitute a grant of special privileges for the proposed Public Health Services facility. The proposed Variance will allow the proposed facility to maintain the same setbacks as all other properties within the vicinity. The City of Stockton zoning regulations permit for a ten (10) foot setback, as is proposed, and approval of this Variance will provide the same privileges to this property as others in the vicinity and zone of the project site. Finding 3: Use Authorized The Variance will not authorize a use or activity, which is not otherwise expressly authorized by the regulation governing the parcel of property. Applicant's Statement: The request for the reduced side street setback variance to ten (10) feet would not authorize any uses or activities not permitted by the zone regulation governing the parcel of property. The use and activities of the property will continue to serve the constituents of San Joaquin County, providing Public Health and Lab Services, as they have done so for the past fifty (50) years. • This finding can be made because the Variance application does not authorize a use that is not otherwise expressly authorized by the General Plan or Development Title. If the Planning Commission Staff Report, Item # 3 12/19/2019 - PA-1900223 (VR) 6