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Analysis :0 'Background ouna On March.9, 2005, the Community Deveipprrment Department approved Minor Subdivision .: ppiication PA-0460304 which,created a 2.50 acre homesite parcel frmAloa86 acre.pace. 'The:remainder parcel, which contains 39.36 acres, is the subject'parcel`fo`r'thIs Vanance.aNN' �lication The applicant contends that the Community Development Department advise'&him to-'apply.for'a Minor Subdivision application and then apply fora L6i"Line'Adlustrrment application to adjust the property lines of the remainder parcel of PA-0400304 with the neighboring parcel to the west to create.a 28.59 acre parcel and a 21.19 acre parcel. However, the Community Development Departme`nt's policy on remainder parcels from a homesite subdivision is that the remainder parcel can only be adjusted to less acreage'`if the homesite parcel acreage is increased. This will ensure compliance with the density requirement of one primary dwelling unit per 20 gross acres pursuant to General'°Plan Policy 2(b)., 'The.,applicant could adjust . the remainder parcel to a minimum of 35 acres if the hornesrte parcel were to be increased to S.acres, which is the maximum permitted size of a homesite parcel per Development Title Section 9-610.3(a)(2). The surrounding parcels on the south side of Bowman Road range in size from 1.50 acres to 17.62 acres. The 1992 zoning classification for the subject parcel and surrounding parcels on the south side of Bowman Road was AL-10 (Limited Agriculture, 10-acre minimum lot size). Agency Responses The project site is located within the Sphere of Influence of the City of Lathrop. The City of Lathrop sent a letter of opposition dated January 18, 2008, stating that the subject Variance request constitutes the granting of a special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is situated. Additionally, the granting of the Variance may also diminish the future viability of urban development that is anticipated upon future annexation of this area into the City of Lathrop. The San Joaquin Farm Bureau Federation sent a response letter dated January 23, 2008, stating they oppose the Variance application as it would allow for the creation of two substandard parcels. Pacific Gas and Electric sent a letter dated January 10, 2008, requesting that the owner dedicate a ten foot wide public utility easement. If the project is approved, this request will be reviewed when a Lot Line Adjustment application is filed. Policy Considerations A Variance application provides a means of altering the requirements of the Development Title in specific instances where the strict application of those requirements would deprive a property of privileges enjoyed by other properties in the vicinity and under identical zoning because of special circumstances applicable to the property involved. The Community Development Department has reviewed the proposed Variance application and recommends denial based on the inability to make two of the three required findings. San Joaquin County PA-0700364/Noceti Community Development Page 3