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Item No. 4 PC: 11-1-90 MS-91-7 Page 3 STAFF ANALYSIS BACKGROUND: The applicant acquired the subject property in 1978 as a 52 . 1-acre parcel . In 1984, Application No. 's PM-84-136 and RW-84-18 were submitted to subdivide the 52 . 1-acre parcel into three parcels, consisting of two 1-acre parcels and a 50. 1-acre remainder, and to receive private right-of-way approval for one of the homesite parcels. The application stated that homesite Parcel A was for the owner-operator and that homesite Parcel B was for a family member, Michel Etcheverry. The Planning Division denied the Right-of-Way and conditioned the subdivision by requiring that "Parcels A and B shall be reoriented so that both have at least 100 feet of frontage on Banta Road. " The applicant appealed staff 's decision to the Planning Commission, who upheld staff ' s denial of the Right-of-Way and conditionally approved the subdivision at the Planning Commission hearing of August 2 , 1984, with the parcels both fronting on Banta Road. Subsequent to the filing of the Parcel Map, which oriented Parcels A and B on Banta Road, the applicant entered into litigation over the issue of their access rights to the 25-foot-wide fee strip bordering their property to the south. A court order has affirmed the applicant' s right to utilize the 25-foot-wide feet strip owned by L. and K. Frigard. As a result, on March 31, 1989, the applicant submitted LA-89-47 to shift the frontage of the homesite parcels back onto the private easement, and the Planning Division approved the Lot Line Adjustment. POLICY CONSIDERATIONS: Staff is referring this Minor Subdivision application to the Planning Commission for resolution of two issues. The first issue is whether the applicant qualifies for an agricultural owner- operator homesite under Section 9-4010. 2 (a) of the County Planning Title. This Section states that "a homesite parcel containing a minimum of one-and-one-half (1-1/2) acres may be created from a parcel twenty (20) acres or larger in size to finance or refinance a residence for the owner-operator. Though it does not specifically state in the ordinance that an owner-operator may create only one owner-operator homesite parcel from a parcel of land, staff has consistently applied that interpretation. As discussed under "Background, " the applicant was granted two homesite parcels in 1984 , one for the owner-operator and one for a family member.