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FINDINGS FOR DEVIATION PA-2000137 BILL COOK I DILLON & MURPHY 1. The granting of the Deviation will not be materially detrimental to other properties or land uses in the area. Applicant's Statement: "Granting this deviation will not be detrimental to other properties or land uses. The building for which the deviation is being requested is already existing. It has been there for more than 27 years. It is approximately 134 feet from the roadway and even further away from neighboring properties to the north or south." • This finding can be made because the zoning of the property and the surrounding properties will remain AG-40 (General Agriculture, 40 acre minimum) the same if the Deviation is granted. The reduction in the required front yard setback from 200 feet to 134 feet will not change the look or character of the neighborhood or prevent the surrounding property owners from enjoying the full use of their properties. 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. Applicant's Statement: "The building for which we are requesting a deviation has been at the existing location historically, before the current setbacks were in place. The building is just being remodeled for safety purposes and to be able to serve as an offsite wine cellar. This building was not recently built to serve as a wine cellar and is not gaining any benefits by remaining at its current location." • This finding can be made because the required 200 foot front yard setback would not allow the existing building to be utilized for the proposed use, an offsite wine cellar. Prior to the August 23, 2016 adoption of the revised winery ordinance, the applicant would have been permitted to construct buildings for a winery within the 200 foot front yard setback area. 3. The strict application of the regulation deprives the property of privileges enjoyed by other properties in the vicinity. Applicant's Statement: "The subject building is less than 80 feet from being compliant with the current regulation and more than 67% of the distance required, allowing it to qualify for a deviation. There are other wineries or wine cellars that are closer to the right of way then this existing building." • Prior to the August 23, 2016 adoption of the revised winery ordinance, wineries were permitted to place buildings intended for use in a winery operation within the 200 foot front yard setback area. 4. The proposed use is consistent with the goals, policies, standards, and maps of the General Plan; any applicable Master Plan, Specific Plan, and Special Purpose Plan; and any other applicable plan adopted by the County. Applicant's Statement: "The offsite wine cellar is allowed within the current General Plan." • This finding can be made because the Development Title allows consideration of up to a 40% alteration in the front yard setback. This application is requesting a 34% reduction in the front yard setback.The Deviation will not authorize a use or activity that is not authorized in the AG-40 (General Agriculture,40 acre minimum).The underlying project,an offsite wine cellar, may be conditionally permitted in the AG-40 zone subject to an approved Site Approval application. An approved Deviation application would permit the applicant to submit a Site Approval application for the Community Development Department to review an offsite wine cellar. PA-2000137— Findings 1