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SU2601489
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SU2601489
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Entry Properties
Last modified
10/12/2026 10:41:31 AM
Creation date
8/27/2026 9:08:18 AM
Metadata
Fields
Template:
EHD - Public
ProgramCode
2600 - Land Use Program
RECORD_ID
SU2601489
PE
2660 - WAIVER (W)
STREET_NUMBER
2122
Direction
W
STREET_NAME
SWAIN
STREET_TYPE
RD
City
STOCKTON
Zip
95207
APN
09719023
CURRENT_STATUS
Closed - Issued
QC Status
Approved
Scanner
SJGOV\gmartinez
Supplemental fields
Site Address
2122 W SWAIN RD STOCKTON 95207
Tags
EHD - Public
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FINDINGS FOR WAIVER <br /> PA-2600248 <br /> CHARLES H.&WINONA K. DALMAN TR/PHILLIP RAINONE <br /> 1. The granting of the Waiver will not be materially detrimental to other properties or land uses in the area <br /> or result in a change of land use or density that would be inconsistent with the requirements of this <br /> Title. <br /> • This finding can be made because the granting of the Waiver will not have a detrimental <br /> effect on other properties or land uses in the area. The property will remain zoned R-L(Low <br /> Density Residential), and the proposed setback from West Swain Road from 20 feet to 15 <br /> feet will not alter the character or density of development in the area,as the lot is surrounded <br /> by existing single-family residences. The reduction in setbacks is requested to allow <br /> construction of an Accessory Dwelling Unit.Given the size of the lot,the requested setbacks <br /> are proportional and reasonable. The proposed residence will remain compatible with <br /> surrounding properties and will not obstruct views, reduce light or air, or negatively impact <br /> neighboring property values. <br /> 2. The waiver is necessary due to the physical characteristics of the property and the proposed use or <br /> structure or other circumstances, including but not limited to, topography, noise exposure, irregular <br /> property boundaries, or other unusual circumstance. <br /> • This finding can be made because the parcel is a corner lot and the existing structure covers <br /> a majority of the property, it makes the setback requirement impractical. Adhering to the <br /> standard front and streetside would severely restrict the buildable area and result in a <br /> residence that is unreasonably small. The requested setback reductions address the <br /> physical constraints of the property while maintaining adequate separation from adjacent <br /> parcels and the right-of-way. <br /> 3. There are no alternatives to the requested waiver that could provide an equivalent level of benefit to <br /> the applicant with less potential detriment to surrounding owners and occupants or to the general public. <br /> • There are no feasible alternatives that would allow full development of the lot while meeting <br /> the standard R-L setbacks.Adjusting the building footprint to fully comply with the setbacks <br /> would significantly reduce usable space or result in a residence that is unreasonably small. <br /> The requested waiver is the least intrusive method to allow a functional Accessory Dwelling <br /> Unit. Additionally, the design of the house is consistent with other residences in the area, <br /> preserving compatibility with surrounding properties and maintaining the character of the <br /> neighborhood. <br /> 4. The strict application of the regulation deprives the property of privileges enjoyed by other properties in <br /> the vicinity. <br /> • This finding can be made because the property's particular lot configuration and existing <br /> improvements, compliance with the required street-side setback would substantially limit <br /> the feasible location of the proposed Accessory Dwelling Unit. The requires reduction is <br /> limited to the minimum extent necessary to accommodate the Accessory Dwelling Unit and <br /> would not materially alter the residential character of the property or create an unreasonable <br /> impact on adjacent properties. <br /> 5. The proposed use is consistent with the goals, policies, standards, and maps of the General Plan; any <br /> applicable Master Plan, Special Purpose Plan, and Specific Plan; and any other applicable plan <br /> adopted by the County. <br /> • This finding can be made because,although the proposed Accessory Dwelling Unit includes <br /> PA-2600248—Findings 1 <br />
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