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There must be an existing residence for a bed and breakfast inn to be approved. The existing residence is a 5,000 square foot estate with at least five bedrooms that overlooks the Mokelumne River. It is also adjacent to a winery that has been approved for up to twenty-four (24) marketing events per year. There is no non- contracted land in the vicinity that contains a suitable existing residence that is for sale. Bed and Breakfast The Site Approval application will continue to be processed concurrently with the Williamson Act Cancellation application. If the Williamson Act Cancellation application is approved, then the Site Approval can be approved. Building Division The Universal Building Code classifies the existing residence as an R-3 occupancy. A bed and breakfast inn is classified as an R-1 occupancy. The structure must be brought into compliance with all current code provisions including structural, plumbing, mechanical, electrical, energy, and disabled access requirements. A licensed architect or registered engineer must prepare all documents. A restroom that conforms with all disabled access requirements will be required as a condition of approval. The application has been tentatively scheduled for the Planning Commission meeting on December 17, 2009. However, a response to the Notice of Application to Cancel Williamson Act Contract has not been received from the Department of Conservation. A response is needed before the Williamson Act Cancellation application can be placed on the Planning Commission agenda. The Community Development Department has reviewed the Williamson Act Cancellation and Site Approval applications and, providing any outstanding issues can be resolved, will be recommending that the Planning Commission: 1. Forward Williamson Act Cancellation application No. PA-0900263 to the Board of Supervisors with a recommendation to tentatively approve the application with the Findings contained in the Staff Report; and 2. Forward Site Approval application No. PA-0900264 to the Board of Supervisors with a recommendation of approval with the Findings and Conditions of Approval contained in the Staff Report. Conditions of Approval for PA-0900264 Site Approval Application No. was approved by the Community Development Department on . The effective date of approval is . This approval will expire on , which is 18 months from the effective date of approval, unless (1) all Conditions of Approval have been complied with, (2) all necessary building permits have been 3