SU0001130 - Laserfiche WebLink

Home Browse Search

Item No. 3 PC: 11-7-91 MS-92-31 Page 3 STAFF ANALYSIS BACKGROUND: In 1981, Angelo Fanos created a two-acre parcel (APN 011-180-30) for retirement purposes so that he could sell the remaining 40-acre farm (PM-81-67). In 1984, Mr. Fanos subdivided the 40-acre farm into 20-acre parcels for his children (PM-84-77). Both 20-acre sites were purchased by the applicants, Mark and Vicki Kidd, in 1985. On September 25, 1991, a Public Notice was sent to surrounding property owners. As a result of that notice, two letters and a petition in opposition were received (attached). Due to the high level of public opposition, this item is being referred to the Planning Commission. After notice for the public hearing was advertised, the applicant's agent notified staff that the subject property is for sale and is currently in escrow. POLICY CONSIDERATIONS: General Plan and Zoning: The General Plan designation for this site is Agriculture, and the zoning is AG-20. Under certain -- conditions, the Planning Title allows the creation of a homesite parcel to finance or refinance a residence for the owner-operator: 'Section 9-4010.2(a): '(A) Homesite Parcel For Owner-Operator. A homesite parcel containing a minimum of one and one-half (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...' The Planning Title defines owner-operator as follows: 'Section 9-3115.2. OWNER-OPERATOR. 'Owner-operator'means an individual,firm, association, syndicate, partnership, or corporation having sufficient proprietary interest in property to exert direct control over its use and development and in its day-to-day operations.' In their application,the applicants indicated that the proposed homesite parcel was being created to finance a residence for the owner-operator. However, because the applicants intend to sell the homesite parcel and the remainder parcel, they do not qualify to subdivide under the provisions of the Planning Title. The petition received during the referral process did not cite a reason for opposition. However, in one letter, a nearby property owner stated, 'This is a farming area, so if they want to build, it should be on 20 acres like it was divided originally.' Another property owner stated, 11 feel the applicants...are just hoping to make the property more appealing for resale. This is prime agriculture land, and I hate to see spec homes going up.' _