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Analysis This application, which would normally be reviewed by staff, is being referred to the Planning Commission due to its history and public opposition. History On April 14, 1987,the Planning Department approved Minor Subdivision No. MS-87-48 of John and Cindy Scofield to create a 3-acre homesite with a 36.4-acre remainder (see History Map No. 1). The homesite is shown on subsequent tentative maps as PM 16-70. On October 22, 1990,the Community Development Department approved Lot Line Adjustment No. LA-91- 23 of John and Cindy Scofield to reconfigure two parcels of approximately 38 and 46 acres, one with frontage on Bender Road, one without, to become two parcels of approximately 42 acres each, both with frontage on Bender Road (see History Map No. 2). On May 12, 1993, the Community Development Department approved Minor Subdivision No. MS-93-13 to reconfigure two existing parcels to create three additional homesites and two parcels of 40.6 and 40.8 acres (see History Map No. 3). On June 24, 1993, J. Thomas Seibly and Brad Lange appealed the approval to the Planning Commission. On August 19, 1993, the Planning Commission denied the appeal. On August 30, 1993, J. Thomas Seibly and Brad Lange appealed the Planning Commission's action to the Board of Supervisors. On December 7, 1993 the Board of Supervisors approved the appeal and denied Minor Subdivision No. MS-93-13. Opposition One letter in opposition and one petition in opposition with 23 signatures were received by the Community Development Department (attached). Zoning and General Plan Section 9-610.3(a) of the Development Title provides for the creation of homesite parcels. To summarize this provision, one homesite parcel of 2 to 5 acres may be created from an existing parcel provided that the General Plan density is not exceeded (homesite parcels created prior to July 29, 1992, do not count). The property owner must have owned the property for a period of 10 years and shall not transfer the homesite parcel for another period of 10 years. In addition, the owner shall pull residential building permits concurrently with approval of the Parcel Map. The proposed subdivision meets these requirements. San Joaquin County MS-96-4/Scofield Community Development Page 8