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ATTACHMENT "C" PLANNING COMMISSI,--, MINUTES 5. MINOR SUBDIVISION APPLICATION NO. MS-94-42 OF YOUSIF HALLOUM (CIO NOLTE F ASSOCIATES) : An appeal by Flag City Partners (c/o Jose Alva) of staff ' s approval of a Minor Subdivision application to divide a 41. 9-acre parcel into two parts. Parcel 1 is to contain 1. 014 acres, and a designated remainder is to contain -1 40 acres (vesting map) . The project site is located on the south side of State Route 12 , 2700 feet east of Interstate 5, west of Lodi (Supervisorial District 4) . Chandler Martin, Associate Planner, introduced the staff report into the record. PUBLIC HEARING OPENED: PROPONENTS (APPELLANT) : Jose Alva (7510 Shoreline Drive, Stockton) , representing Flag City Partners, said this proposed subdivision should be looked at in conformity with the surrounding area 's circulation. Parcel 1 should be extended south to be in line with the future continuation of Banner Street. The developer of Parcel 1 should be required to put in the remaining portion of Banner Street to link up with Flag City Boulevard. Originally, in 1987, Republic Way was to continue north to Highway 12 , and Flag City Boulevard was not going to be constructed, but because Caltrans found they had made an error, Flag City Boulevard was shifted over. All these years, we have been under the assumption that Banner Street would continue across to Flag City Boulevard. We stubbed out facilities to Mr. Halloum' s west property line. The proposed relocation of Flag City Boulevard will involve the rezoning of about 1. 5 acres without having to go through the process of a rezoning application and public hearings . In addition, the project would allow the disposal of drainage water into Flag City' s pond and connection to discharge lines without payment of the applicant ' s proportionate fair share of the costs for using these facilities. He said he does not think Findings 7 and 9 can be made. Frank Alegre (802 N. Cluff, Lodi) said he has been trying to get DeBroggi Road put through to his truck yard. He has access on Highway 12 with Caltrans, but he would prefer DeBroggi Road for safety factors. He has been trying to work with Mr. Halloum to go through his property but to no avail. He and Flag City are willing to put in a "T" and extend DeBroggi, but Mr. Halloum wants $100, 000. Now with this subdivision he wants a zoning change. He should have to pay his fair share. This project should be denied, or it should be conditioned to put in the "T" and dedicate the right-of-way for DeBroggi Road to be extended. OPPONENTS (APPLICANT) : Don Geiger (311 E. Main Street, Stockton) , representing Mr. Halloum, said that when the Flag City subdivision was approved, PC MINUTES PC: 3-16-95 -12-