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,/oPawN SAN JOAQUIN Community Development Department L , ' � .� COU NTY - Planning Building Code Enforcement Fire Prevention GIS Greotness grows here . March 14 , 2023 MEMORANDUM TO : Development Committee FROM : Sol Jobrack , Assistant Planner SUBJECT : VARIANCE APPLICATION NO . PA-2300015 OF THE RONALD AND CAROL RUGANI TRUST ( C / O DILLON & MURPHY ) ( APN : 065 - 100 - 18 ) ( ADDRESS . 16701 EAST EIGHT MILE ROAD , LINDEN ) . This project is a Variance application requesting to reduce the minimum required parcel size in the AG - 40 ( General Agriculture , 40 - acre minimum ) zone from 40 acres to 33 . 40 acre and 4 . 10 acres in order to facilitate a Minor Subdivision . The project site is located on the north side of East Eight Mile Road , 3 , 100 feet east of North Tully Road , Linden . The project site has a zoning designation of AG40 ( Agriculture , 40 - acre minimum ) and General Plan designations of A/ G ( General Agriculture ) and OS/ RC ( Resource Conservation ) . The Community Development Department has reviewed the application and has the following comments : Background The project site has historically been utilized as an agricultural property growing cherries and walnuts . The property also contains two single family dwellings and is currently under a Williamson Act Contract ( WA- 70 - C1 - 101 ) . On August 29 , 1990 , the San Joaquin County Community Development Department approved Lot Line Adjustment No . LA- 90 - 0080 between two parcels to result in a 40 - acre parcel and the subject 37 . 52 - acre parcel . Underlying Project The underlying project is a Minor Subdivision to subdivide a 37 . 52 - acre parcel into a 4 . 10 - acre parcel and a 33 . 40 - acre parcel . If the Variance application is approved by the Planning Commission , the applicant must submit an application for a Minor Subdivision to complete the underlying project . The Minor Subdivision will be reviewed using the Staff Review with Notice procedure pursuant to Development Title Section 9 - 501 . 060 ( b ) ( 2 ) . A fee is associated with this application . Williamson Act Contract As previously stated , the subject parcel is under Williamson Act contract No . WA-70 - C1 - 101 , and if approved , the proposed variance would permit the applicant to apply for a Minor Subdivision to create a 33 . 40 -acre parcel and a 4 . 10 - acre parcel . The subject parcel is also designated as Prime Farmland and Unique Farmland by the Department of Conservation ' s Farmland Mapping and Monitoring Program . Pursuant to Government Code Section 51222 , agricultural lands which are subject to a Williamson Act contract shall be presumed to be in parcels large enough to sustain their agricultural 1810 E Hazelton Avenue I Stockton , California 95205 1 ( 209 ) 468 - 3121 1 www , sjgov . org / commdev