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FINDINGS FOR VARIANCE Finding 1: Special Circumstances 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 classification. • This finding can be made because the strict application of the regulation does deprive the property of privileges enjoyed by other properties in the vicinity under the same zoning classification because the County project is held to the standards of the San Joaquin County Development Title, not the zoning regulations for the City of Stockton, which govern all other properties in the vicinity. As a result, the proposed project is not permitted the same setback allowances as other properties in the area under the same or similar zoning and in the area. Because the project site is located within the city limits of the City of Stockton,a reduction of the street side setback for the proposed facility will provide the property the same building envelope as other properties in the vicinity. Finding 2: No Special Privileges 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 the granting of this Variance will not constitute a grant of special privileges for the proposed Public Health Services facility. The proposed Variance will allow the proposed facility to maintain the same setbacks as all other properties within the vicinity. The City of Stockton zoning regulations permit for a ten (10) foot setback, as is proposed, and approval of this Variance will provide the same privileges to this property as others in the vicinity and zone of the project site. Findinq 3: Use Authorized The Variance will not authorize a use or activity, which 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 by the General Plan or Development Title. If the Variance application is approved, the applicant must apply for the applicable building permits to construct the new Public Health Services facility. Planning Commission Staff Report, Item # 3 12/19/2019 - PA-1900223 (VR) 2