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SU0012803
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SU0012803
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Entry Properties
Last modified
1/7/2020 2:05:00 PM
Creation date
9/4/2019 10:17:17 AM
Metadata
Fields
Template:
EHD - Public
ProgramCode
2600 - Land Use Program
RECORD_ID
SU0012803
PE
2622
FACILITY_NAME
MS-91-7
STREET_NUMBER
27598
Direction
S
STREET_NAME
BANTA
STREET_TYPE
RD
City
TRACY
Zip
95376-
APN
25211005
ENTERED_DATE
1/7/2020 12:00:00 AM
SITE_LOCATION
27598 S BANTA RD
P_LOCATION
99
P_DISTRICT
005
QC Status
Approved
Scanner
SJGOV\sballwahn
Supplemental fields
FilePath
\MIGRATIONS\B\BANTA\27598\MS-91-07\CDD OK.PDF
Tags
EHD - Public
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Item No. 4 <br /> PC: 11-1-90 <br /> MS-91-7 <br /> Page 4 <br /> Attached is a letter from the applicant which states that it was <br /> not their intention to create an owner-operator homesite in 1984 <br /> and that both homesites were for their children. Attached to the <br /> applicant's letter was a copy of the staff report for PM-84-136 <br /> which stated, "The property owner proposes to divide two parcels <br /> for children who work the property. " Current assessor roles show <br /> that Michel Etcheverry, the applicant' s son, acquired title in July <br /> 1989 to one of the homesite parcels created in 1984 and that <br /> Bernadette Etcheverry, the applicant's daughter, acquired title to <br /> the other homesite parcel at the same time. Michel Etcheverry has <br /> built a home on his homesite parcel and is involved in the farming <br /> operation. The homesite parcel owned by Bernadette Etcheverry has <br /> not been built upon. The applicant has not supplied any evidence <br /> that Bernadette Etcheverry qualifies for a homesite parcel. <br /> A discrepancy between the staff report and the application is <br /> apparent. However, staff has concluded upon listening to the tape <br /> recordings from the Planning Commission hearings of July 19 and <br /> August 2 , 1984 , that the Planning Commission action was to <br /> conditionally approve the parcel map to create two homesite <br /> parcels, one for the owner-operator and one for a family member. <br /> At the Planning Commission hearing of July 19, 1984 , the homesite <br /> parcels are referred to three times as homesites for the owner- <br /> operator and a family member: (1) By the staff planner in the <br /> description of the project, (2) by the staff planner in a response <br /> to a question by a Planning Commissioner, and (3) by Dave Olmstead, <br /> representing the applicant, in his explanation of why the <br /> applicants did not wish to have frontage on Banta Road. At no time <br /> was it stated that the homesites were for two family members other <br /> than the owner-operator. <br /> The second issue is whether the design of the subdivision is <br /> consistent with Section 9-9380 of the Planning Title which states: <br /> "All parcels of land developed, created, or modified under the <br /> provision of this division shall be provided with access by <br /> frontage on a public roadway subject to the following <br /> exceptions: <br /> " (c) Parcels of land created by Minor Subdivision which, <br /> because of existing improvements physical conditions <br /> or other unique circumstances cannot have frontage may <br /> be created provided, however, that each lot so created <br /> is provided with a twenty-five (25) foot wide strip of <br /> land joined to the parcel it serves and further provided <br /> that the design is such that said access strips may be <br />
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