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configuration severely limits the type of development and the size of the buildings that can he mit on the property. By strictly applying the setback requirement, there would be little or no room to fit the required number of parking spaces for the uses proposed for the site. Regardless of the setback, as a Condition of Approval for the Site Approval application, a solid masonry wall six(6)to seven (7) feet in height shall be erected along the abutting property line with the residences surrounding the property. Since the applicant will be required to have a masonry wall between the subject lot and the adjacent non-conforming mobile home park to the east, the rear wall of the proposed Building #2 would serve as an extension of the masonry wall, providing screening for the mobile home residents from the business activities. Findinq Two: 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: "There are no side yard setbacks upon properties zoned General Commercial. We are asking for what is allowed for this zone." • This finding can be made because all other Development Title ordinance requirements can be satisfied. The applicant is not asking for a privilege that is not consistent with requirements in the C- G zone. The applicant will still be required to build a masonry wall to buffer the adjacent mobile home park from the commercial business operations proposed for the parcel. Absent the existing non- conforming residential use on the adjacent property, the applicant would still abide by the regular side yard setback requirement for parcels in the C-G zone. There are no required side yard setbacks in the C-G zone unless the parcel abuts property with residential uses, property zoned residentially, or property shown on the General Plan Map for residential development. As a result, the granting of the Variance application will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone. Finding Three: 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: `If this Variance is granted, it will not authorize a use or activity that is not allowed in this zone. It will allow this property to fully utilize the space available and appreciate the benefits available to properties in a General Commercial zone." • 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. The applicant is proposing to have businesses with use types that are consistent with the C-G zone housed on the property. The parcel is currently zoned for commercial uses. San Joaquin County PA-0400339/Kundert Community Development Page 4