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To : Planning Commission From: Thomas M. Gau Sub : MS-93-120/121 (Barton) Date: 1-20-94 Page: - 3 - PROJECT DESCRIPTION: The applicant's request is for two Minor Subdivision applications to create a total of four homesite parcels. The project site for Minor Subdivision Application No. MS-93-120 is designated as A/G (General Agriculture) by the General Plan, with a consistent implementing zone of AG-40 (General Agriculture; 40- acre minimum parcel size). The 121-acre parcel is under Williamson Act Contract. The project site for Minor Subdivision Application No. MS-93-121 is designated as A/G (General Agriculture) and OS/RC (Open Space/Resource Conservation) by the General Plan,with a consistent implementing zone of AG-40 (General Agricufture;40-acre minimum parcel size). The 339-acre parcel is under Williamson Act Contract. Minor Subdivision Application No. MS-93-120 would create three 10-acre homesite parcels and a designated remainder containing approximately 173 acres, 52 of which are located in Stanislaus County. The subject parcel is located on the east and west sides of McBride Avenue, at Lee Avenue, southeast of Escalon. Access to the homesite parcels and the designated remainder would be provided by direct frontage on McBride Avenue. On-site services would be utilized for future development on the site. Minor Subdivision Application No. MS-93-121 would subdivide a 339-acre parcel into a 10-acre homes to parcel and a designated remainder of 329 acres. The subject parcel is located at the east end of Milgeo Road, south of the road and adjacent to the Stanislaus River, east of Ripon. Access to the homesite parcel and the designated remainder would be provided by an existing 25-foot-wide private easement from the end of Milgeo Road to a homesite parcel previously created by the owner (see 'Background'). The homesite parcel and the designated remainder would utilize on-site services. BACKGROUND: The applicant has submitted two previous applications to subdivide agriculturally zoned property in the County. Division of Land Application No. DL-72-210, which was approved by staff on April 24, 1972, subdivided a 3.2-acre parcel from the subject parcel for the owner under Minor Subdivision Application No. MS-93-120. That parcel is still owned by the applicant. Parcel Map Application No. PM-8332,which was approved by staff on November 3, 1982, created a 1.94- acre homesite parcel for the applicant on the subject parcel for Minor Subdivision Application No. MS-93- 121. That parcel is still owned by the applicant. ISSUE: General Plan Consistency: As noted in Findings No. 1 and 2, these applications are inconsistent with General Plan Agricultural Objective No. 1, which is intended to preserve agricultural lands needed forthe continuation of commecial agricultural operations, due to the ongoing fragmentation of agricultural lands represented by the proposed creation of four new homesite parcels and the creation of two previous homesite parcels. Agricultural Policy No. 7 states that there shall be no further fragmentation of land designated for agricultural use, except in three specific cases. One exception under which this and other homesite subdivisions have been filed reads as follows: