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mecommenaailons Action It is recommended that the Planning Commission: I. Approve the Negative Declaration; and 2. Approve Variance Application No. PA-0400339 based on the ability to make the Findings for a Variance contained in the staff report. Findings 1. 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. • This finding can be made because the property has restrictions placed upon it because it is adjacent to commercial property with a 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 configuration severely limits the type of development and the size of the buildings that can be put 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. 2. 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. • 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. San Joaquin County PA-0400339/Kundert Community Development Page 5