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A - - 0- - ' Anmysis Background In March 2004, the applicant submitted an application for a Site Approval to build three multi-tenant commercial buildings to be constructed in two phases over a five year period. The buildings will be used for tenants with specific approved uses that are permitted in the C-G (General Commercial) zone. Phase 1 includes Building #1 at 9,000 square feet and existing Building #3 at 3,500 square feet. Phase 2 includes Building #2 at 19,800 square feet, and building permits shall be issued within five years from the date of approval. The approved site plan for the Site Approval application with the location of Building #2 will be determined based on the final outcome of this Variance application. In 1995, the owner of the adjacent parcel to the east obtained a Business License to operate a mobile home park. That same mobile home park has been continually in existence since before 1979. The zoning of the adjacent parcel is also C-G (General Commercial) with a General Plan designation of C/G (General Commercial). The mobile home park is a non-conforming use on the adjacent parcel. Reason for Variance The property where the proposed Site Approval is located is zoned C-G (General Commercial). In the C-G zone, the side yard setback is zero feet. However, the property abuts a parcel that has a non-conforming mobile home park. Development Title Section 9-410.5(b)(1) states that if a side yard abuts property developed with residential uses, property zoned residentially, or property shown on the General Plan Map for residential development, said side yard shall be increased to twenty (20) feet in width. This limitation would severely limit the number of proposed parking spaces on the applicant's property because of the size and shape of the parcel and thus restrict the types of uses that can be put on the property. Policy Considerations For a Variance application to be approved, three Findings for a Variance must be made in the affirmative. The applicant submitted findings for approval of the application. The Community Development Department has determined that all three Findings can be made in the affirmative. Finding One: 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: "Since the mobile home park is an existing non-conforming use, e.g. residential use on property zoned General Commercial, it deprives the property of complete utilization. Because of the property shape, long and narrow, it is important to push the building to the property line." • This finding can be made because the property has restrictions placed upon it because it is adjacent to commercial property with a non-conforming residential use. For parcels zoned C-G that are adjacent to another parcel also zoned C-G, there is no side yard setback requirement. However, if the subject lot abuts property developed with residential uses, property zoned residentially, or property shown on the General Plan Map for residential development, said side yard shall be increased to twenty (20) feet in width (Development Title Section 9-410.5[b][1]). The shape of the parcel is long and narrow: it is 666 feet deep, and at the widest, it is 126 feet wide. This parcel San Joaquin County PA-0400339/Kundert Community Development Page 3