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SAN JOAQUIN COUNTY r' ? COMMUNITY DEVELOPMENT DEPARTMENT a: a ' 1810 E.HAZELTON AVE.,STOCKTON,CA 95205-6232 DEVELOPMENT SERVICES PHONE:(209)468.3120 PLANNING PHONE:(209)468-3120 BUILDING PHONE:(209)468-3123 January 4, 1993 NEIGHBORHOOD PRESERVATION PHONE:(209)468.3021 Board of Supervisors Courthouse JAN 0 6 1993 Stockton, CA 95202 ENVIRONMENTAL HEALM Dear Board Members: PERMIT/SERVICES APPEAL BY ROBERT AND BARBARA BYINGTON C/O MICHAEL HAKEEM) OF THE PLANNING COMMISSION'S DENIAL OF GENERAL PLAN AMENDMENT NO. GP-92-12 AND ZONE RECLASSIFICATION APPLICATION NO.ZR-92-14 OF SAN JOAQUIN COUNTY (DISTRICT 4) IT IS RECOMMENDED: That the Board of Supervisors deny the appeal and uphold the Planning Commission's action to deny General Plan Amendment Application No. GP-92-12 and Zone Reclassification Application No. ZR-92-14. BACKGROUND: On April 23, 1992, Robert and Barbara Byington submitted an application for a Zone Reclassification from AG-40 to AL-5 for two parcels containing 19.94 acres. This rezoning would have allowed for a subsequent application to subdivide an existing 16.37-acre parcel into three five-acre parcels and to attach the remainder to an existing 3.57-acre parcel, creating a parcel just under five acres. The Planning Commission denied the application on June 18, 1992. An appeal was filed, and on September 22, 1992 the Board of Supervisors denied the appeal without prejudice, referring the matter back to the PlanninL� Commission for consideration of a larger area of Limited Agriculture zoning. I� This new proposal of the Community Development Department would amend the General Plan and reclassify nine parcels, a total of 37 acres, from General Agriculture/AG-40 to Limited Agriculture/AL-5. Only the Byingtons' 16.37-acre parcel is large enough to be subdivided if this project and a subsequent Minor Subdivision application were approved. The Planning Commission held a Public Hearing on these applications on November 5, 1992. Attorney Michael Hakeem, representing the Byingtons, spoke in favor. Amedeo Nicora; Julia DiCarlo, representing Larry Celle; and Attorney Christopher Green, representing San Tomo Partners and G&W Farms; asked to be included in the area to be reclassified and rezoned. These requests for inclusion in the Limited Agriculture area would add 149.7 acres to the project. Bruce Blodgett, representing the San Joaquin Farm Bureau, spoke against the proposals; Farm Bureau President Paul Sanguinetti submitted a letter in opposition. Included in the staff report packet was a letter received on October 27, 1992 from Art and Marian Turbetti expressing opposition. After considering all written and oral testimony, and noting that the Limited Agriculture designation is appropriate only for existing small parcels, the Planning Commission voted 4-2 to deny the applications. APPEAL: On November 12, 1992, Robert and Barbara Byington filed an appeal of the Planning Commission's action. In their appeal, the applicants listed the following bases for the appeal: