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Recommendations Action It is recommended that the Planning Commission: 1. Approve the Negative Declaration; and 2. Approve Variance Application No. PA-0600208 with the Findings 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 classifications. • This finding can be made because the strict application of the Development Title Section 9-1150.15 (d) deprives the property of privileges enjoyed by other properties in the vicinity and under the identical zoning classification. Although this property and properties in the vicinity are zoned AG-40, there are thirty (30) PG&E power poles located on the property that would have to be relocated so that the roadway could be widened the fifty (50)feet required to meet the rural residential road standards. The other property owners do not have thirty (30) power poles located on their properties and would be able to meet this Development Title requirement in similar circumstances. 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 granting this Variance will not constitute a grant of special privileges. The zone minimum for the creation of new lots is forty (40) acres. If the Variance application is approved, the applicant can proceed with Minor Subdivision No. PA-0400488 to subdivide the property into six lots with a minimum lot size of 40 acres. There are limitations upon this property that are not also on the properties in the vicinity and zone because of the location of the thirty (30) power poles which would make it more burdensome to meet the Development Title Section 9-1150.15 (d) requirement to improved the roadway to San Joaquin County Improvement standards for public roads. 3. The Variance will not authorize a use or activity that is not otherwise expressly authorized by the regulation governing the parcel of property. • This finding can be made because the Variance application does not authorize a use that is not otherwise expressly authorized in the AG-40 zone. If approved,the applicant is proposing a minor subdivision application of six lots with a minimum lot size of 40 acres which is conditionally allowed in the zone. If the property is developed, private rights-of-way not built to public road standards must meet fire road requirements. These requirements include that all roads have a 20-foot minimum unobstructed with all-weather surfacing. Adequate drainage shall be provided and be shown on the roadway. (San Joaquin Fire Chiefs Association Standards, Exhibit A) San Joaquin County PA-0600208/Robinson Community Development Page 6