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r ut" p APPLICATION - DEVIATION SAN JOAQUIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT _ FILE NUMBER: DV- FINDINGS The following findings of fact must be made by the County before a Deviation can be granted. Indicate what facts in the case of this a lication su ort each of the findin s. 1. The granting of the Deviation will not be materially detrimental.to other properties or land uses in the area. Granting of the deviation will facilitate a new parking lot design that will increase onsite parking and eliminate one existing curb cut to concentrate ingress and egress to and from curb cuts that are further away from the intersection of Pacific Avenue and Douglas Road, which will improve traffic flow and enhance public safety for all other properties and land uses in the area. 2. There are exceptional or extraordinary circumstances or conditions applicable to the property or to the intended uses that do not apply to other properties in the same zoning district in the vicinity. The City of Stockton and the County of San Joaquin have adopted a specific plan to widen Pacific Avenue, which will result in a loss of parking in the Shopping Center of which the Property is a part. This exceptional condition does not apply to other properties in the same zoning district in the vicinity. Granting of this deviation will not only increase parking, it will increase the Property's sidewalk width from 5 to 10 feet, which will increase public safety and allow the utilization shopping carts, which are not used by most other 10.000 square foot tenants in the vicinitv. 3. The strict application of the regulation deprives the property of privileges enjoyed by other properties in the vicinity. 61 Lincoln Centre is setback 6 feet from Pacific Avenue and 15 feet from Ben Holt Drive. 995 Lincoln Centre is also setback 15 feet from Ben Holt. The City of Stockton's LandMaster printout designates our Property as C-2,which has a 10 foot setback requirement. The building recently constructed on the SWC of Hammer& Etna is setback 11 feet from Hammer. The building on the SWC of Pacific& Bianchi is setback 5 feet from Pacific and 5 from Bianchi. Reducing our Douglas Road setback from 20 to 15 feet will allow our Property to enjoy the same rights and privileges enjoyed by similar properties in the vicinity. 4. The granting of the Deviation is consistent with the General Plan. Applications for Deviations may be accepted for setback requirements, which may be reduced up to forty percent of the front yard setback, but no closer to the property line than fifteen (15)feet(Ord. 3675). Therefore, our Application to reduce our Douglas Road setback from 20 to 15 feet is consistent with your current planning guidelines. AUTHORIZATION SIGNATURES ONLY THE OWNER OF THE PROPERTY OR AN AUTHORIZED AGENT MAY FILE AN APPTION- I, the Owner/Agent agree, to defend, indemnify, and hold harmless the County and its agents, officers and employees from any claim, action or proceeding against the Owner/Agent's project. I, further, certify under penalty of perjury that I am (check one): �] Legal property owner(owner includes partner, trustee, trustor, or corporate officer) of the property(s)involved in this application, or ❑ Legal agent (attach proof of the owner's consent to the application of the roperty's involved in this application and have be r authorized to file on their behalf., and that the oinq tatements are true and correct. Print I �if/� Ezl� Signatur : G Date: ds Print Name: Signature: Date: Print Name: Signature: Date: Print Name: Signature: Date: Print Name: Signature. Date: F:\DEVSVC\Planning Application Forms0eviation.doc.(Revised 6-03-04) Page 4 of 6