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PLANNING COMMISSION MINUTES OCTOBER 15, 1992 3 . MINOR SUBDIVISION APPLICATION NO. MS-92-133 OF TED & CYNTHEA WITT (C/O KJELDSEN-SINNOCK & ASSOCIATES) 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 project site is located at the northwest corner of Roberts Road and Rollerson Road, southwest of Stockton (Supervisorial District 3) . Associate Planner Richard Larrouy introduced a staff report into the record. He noted that letters of opposition were included in the report. PUBLIC HEARING OPENED PROPONENTS: Ted Witt said this property has been in the family for four generations. He said the 40-acre parcels would allow him to pass some land on to his children. He said he does not intend to change his cattle operation. OPPONENTS: Elmer Muller, owner of adjacent property, said that the Roberts Union Farm Center was supposed to be represented at this hearing but did not appear to be present. He said he objected to the creation of a 10-acre parcel because it is not a viable farm parcel . At one time, the Delta was a bay; the only usable water is adjacent to the river; and the rest of the water is sea water. He dug 16 wells on his ranch and a neighbor dug 32 wells. The property is below the flood level; there would have to be imported fill dirt to bring the homesite above the floodplain and that would be very expensive. He had no objection to a house for a subsequent generation on the ranch, but he objected to a 10-acre parcel size in that area. REBUTTAL: Mr. Witt said he was aware of the flood level and he had no plans to build a house there now, but may decide to in the future. There are other 40 acre parcels on Roberts Island that are farmed and people do make a living on them. Regarding the creation of a 10 acre homesite, he said he wanted to take advantage of the 1995 General Plan provision for a homesite in case he wants to put a home there in the future. PUBLIC HEARING CLOSED Comm. Morri asked if there was a time limit on the creation of a homesite parcel. Chief Deputy County Counsel Mike McGrew said there is no time limit in the ordinance, but under the 1995 Plan it was the "intent" to create a homesite parcel for the purpose of financing. A factual determination is necessary for retirement parcels. . Under the 2010 Plan there is no "intent" requirement.