SU0012697 - Laserfiche WebLink

Home Browse Search

Analysis French Camp Road The portion of French Camp Road involved in the Variance application is located within the City of Stockton and acts, in part, as access for Units 49, 72, 73 and 63 of Weston Ranch as well as a future school and sports facility/community park. The City of Stockton shows the existing right-of-way for French Camp Road as 52 feet and the ultimate right-of—way as 104 feet, which extends to the south into property located in the County. San Joaquin County Public Works does not have an existing and ultimate right-of—way for this portion of French Camp Road. If the Variance were to be approved at the proposed location, the developer would, concurrent with constructing the masonry wall, extend French Camp Road 12 feet to the south, leaving eight feet between the masonry wall and the edge of pavement. General Plan The County General Plan designation for the property is A/G, and the zoning designation is AG-40. The City of Stockton General Plan Use/Circulation Diagram for the property is also agricultural. French Camp Road is shown as a Major Arterial Road on the General Plan Map. Policy Considerations - The applicant has submitted findings for approval with his application. The first finding requires special circumstances that deprive the property of privileges enjoyed by other properties in the vicinity. The applicants first finding states, "The request for variance is to minimize the impact a major arterial, 750 new houses, and a new high school will have on the property." Although there is residential development to the north of the property,there is no documentation that there are special circumstances specific to this property that have deprived the property of privileges enjoyed by other properties in the area -specifically,the ability to be used for agricultural purposes. Also, both the City of Stockton's General Plan Use/Circulation Diagram and the County's designation for the property is Agriculture. Therefore, the Community Development Department cannot make this finding. The second finding does not permit granting special privileges that are inconsistent with the limitations on other properties in the vicinity and zone in which the property is situated. The applicant states,"The request is unusual due to the proximity of new development and the need to protect the property. Since the fence is temporary,granting such variance will not constitute a special privilege." This finding cannot be made because the property is zoned AG-40(Agricultural with a 40-acre minimum parcel size). All parcels zoned AG-40 must abide by the same fencing requirements-specifically,a 30-foot setback from the ultimate right- of-way for all solid fences over three feet in height. Approval of the variance would grant special privileges inconsistent with the limitations imposed on all other properties in the zone because the applicant is requesting a setback of 20 feet for the masonry wall when all parcels in the AG-40 zone must have a 30-foot setback for solid fencing over three feet in height. The third finding states that the Variance will not authorize a use or activity which is not otherwise expressly authorized. The applicant has stated that"The Vanance will allow for a controlled separation between y development and agricultural." The Community Development Department can make this finding because ' fencing is an allowed use in the AG-40 zone. Department of Public Works For safety reasons, Public Works is requesting that the proposed masonry wall be set back 30 feet from the edge of the proposed pavement to provide a recovery zone for out of control vehicles. San Joaquin County VR-01-11Long Community Development Page 3