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i - - including one of which shall be van accessible. Parking spaces necessary to meet off-street parking are normally located on the same lot; however, the applicant is proposing to use the adjacent lot east of the parcel for additional parking spaces. The applicant has provided the Community Development Department with a lease agreement from Union Pacific Railroad allowing Banta Inn to use the parcel for additional parking. t . Deviation Development Title Section 9-824 allows for a modification of the side yard setbacks for patio covers and additional height requirements for fences. For a Deviation application to be approved, four findings must be made in the affirmative.' Below is a discussion and analysis of the findings: 1. The granting bf the Deviation will not be materially detrimental to other properties,or land uses in the area. This finding can be made because the proposed patio cover is to cover an existing outdoor eating area, and screening adjoining residential uses is required for commercial and industrial projects. Additionally,granting a deviation for the proposed fence and patio cover will not be materially detrimental to other properties or seta significant land use precedent because the bair and restaurant will continue to operate and the property will remain commercial. No outdoor entertainment is being-proposed under the patio cover, and as a condition of approval,the applicant has agreed to no outdoor entertainment. 2. There are exceptional circumstances or conditions applicable to the property or to the intended uses that do oot apply to other properties in the same zoning district in the vicinity. This finding can be made because the existing bar and restaurant are commercial uses over 100 years old and clustered around the Grant Line Rail Road crossing in the Banta Community. Lots in the original town site were typically developed on 1,006to 3,000 square feet and under current ordinance requirements do not meet the minimum lot width and size requirements for C-RS (Rural Service Commercial). 3. The strict appjication of the regulation deprives the property of privileges enjoyed by other properties in the vicinity. This finding can be made because many of the existing lots in the project vicinity are developed commercially under the original conditions and restrictions as adopted by the Official Map of Banta in 1873. Granting the deviation is needed so that the property owner can enjoy the same privileges that other property owners in the vipinity enjoy. ` 4. The granting of the Deviation is consistent with the General Plan. This finding can be made because the Deviation does not result in an increase in the General Plan density for Rural Service Commercial properties. In addition the Deviation is consistent with the Objectives and Policies for Rural Service Commercial contained in Volume I of the General Plan (Community Organization and Development Pattern,Volume 1, IV-24). San Joaquin County, PA-08002891PA-0800291\Banta Inn Properties Page 4 Community Development