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SAN JOAQUIN CO6,,Y COMMUNITY DEVELOPMENT DEPARTMENT ' 1810 E.HAZELTON AVE.,STOCKTON,CA 95205.6232 DEVELOPMENT SERVICES PHONE:(209)466-3120 PLANNING PHONE:(209)468-3120 November 25, 1992 BUILDING PHONE:(209)468-3123 NEIGHBORHOOD PRESERVATION PHONE:(209)468-3021 Board of Supervisors DEC Q 4 1992 Courthouse Stockton, CA 95202 EN PERMIT�LNTAL LTH I SERVICES Dear Board Members: APPEAL OF TED AND CYNTHEA WITT OF THE PLANNING COMMISSION DENIAL OF MINOR SUBDIVISION APPLICATION NO. MS-92-133 OF TED AND CYNTHEA WITT (C/O KJELDSEN-SINNOCK & ASSOCIATES) (DISTRICT 4) IT IS RECOMMENDED: That the Board of Supervisors uphold the appeal of the Planning Commission denial of Minor Subdivision Application No. MS-92-133. BACKGROUND: The applicant's proposal is to subdivide a 126-acre parcel into a 10-acre owner-operator homesite parcel, a 30-acre parcel, a 46-acre parcel, and a 40-acre remainder parcel with a vesting tentative parcel map. The Planning Commission heard this matter at its meeting of October 15, 1992. At the meeting Ted Witt spoke in favor of the proposal. Speaking in opposition, Elmer Muller, stated that he was opposed to the project because of the 10-acre parcel's lack of agricultural viability. After considering all written and oral testimony, the Planning Commission voted 2 to 3 to approve Minor Subdivision Application No. MS-92- 133. Under the provisions of Section 9-1062{e} of the County Code, all decisions of the Planning Commission must be carried by an affirmative vote of the majority of the Planning Commission. The motion, therefore, failed and the project was deemed to have been denied. A subsequent motion was made to continue the matter to allow the two absent Commissioners to listen to the tape of the proceedings and cast their votes. This motion died for the lack of a second. On October 23, 1992, Ted Witt filed an appeal of the Planning Commission's action. In his appeal, the applicant made the following appeal statements: 1. APPEAL STATEMENT: 'The approval of Minor Subdivision No. MS-92-133 was recommended to the Planning Commission by staff.' RESPONSE: Staff's recommendation to the Planning Commission in the staff report was to approve the project. However, the Commission denied the application, based upon concerns regarding the intent behind the creation of the 10-acre owner-operator homesite parcel. BOS LETTER PAGE 1