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Item No. <br /> PC: 10-4-90 <br /> MS-91-7 <br /> Page 3 <br /> STAFF ANALYSIS <br /> BACKGROUND: <br /> Property History: <br /> The applicant acquired the subject property in 1978 as a 52 . 1- <br /> acre parcel. In 1979 , under DP-79-39 , the applicant applied <br /> for and received approval for a walnut huller/dryer at this <br /> location. In 1984 , Parcel Map No. PM-84-136 and Right-of-Way <br /> No. RW-84-18 were submitted to subdivide the 52 . 1-acre parcel <br /> into three parcels, consisting of two 1-acre parcels and a <br /> 50. 1-acre remainder, and to receive private right-of-way <br /> approval for one of the homesite parcels. The application <br /> states that homesite Parcel A is for the owner-operator and <br /> that homesite Parcel B is for a family member, Michel <br /> Etcheverry. <br /> The Planning Division denied the Right-of-Way and conditioned <br /> the Parcel Map by requiring that "Parcels A and B shall be <br /> reoriented so that both have at least 100 feet of frontage on <br /> Banta Road. " The applicant appealed staff ' s decision to the <br /> Planning Commission, who upheld staff ' s denial of the Right- <br /> of-Way and conditional approval of the Parcel Map at the <br /> Planning Commission hearing of August 2 , 1984 . <br /> Subsequent to the filing of the Parcel Map, which oriented <br /> Parcels A and B on Banta Road, the applicant entered into <br /> litigation over the issue of their access rights to the 25- <br /> foot-wide fee strip bordering their property to the south. <br /> A court order has clarified the applicant ' s right to utilize <br /> the 25-foot-wide feet strip owned by L. and K. Frigard. On <br /> March 31, 1989, under LA-89-47 , the Planning Division approved <br /> the realignment of Parcels A and B to allow access via the 25- <br /> foot-wide access easement. <br /> POLICY CONSIDERATIONS: <br /> Staff is referring this Minor Subdivision application to the <br /> Planning Commission for resolution of the issue of whether the <br /> applicant qualifies for an agricultural owner-operator homesite <br /> under Section 9-4010 . 2 (a) of the County Planning Title. This <br /> Section states that "a homesite parcel containing a minimum of one- <br /> and-one-half (1-1/2) acres may be created from a parcel twenty (20) <br /> acres or larger in size to finance or refinance a residence for the <br /> owner-operator. Though it does not specifically state in the <br /> ordinance that an owner-operator may create only one owner-operator <br />