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SAN JOAQUIN COUNTY r. Z\COMMUNITY DEVELOPMENT DEPARTMENT \C1 P�' 1810 E.HAZEL70N AVE„ STOCKTON,CA 95205-8272 likpAe+` PHONE:209/468.3121 FAX 209/468-3163 December 3, 1998 M E M O R A N D U M TO: Stan Mom Planning Commissioner FROM: Thomas M. Gau Senior Civil Engineer Development Service / Engineering Division SUBJECT: SITE APPROVAL APPLICATION!NO. SA-95-47 OF TERRY REMITZ 2120 S. PARADISE AVENUE, TRAY APN: 213-170-03 In response to your inquiry Tom Sweeso from our Enforcement Section conducted a field review of the Remitz site on Monday, November 30''. We have also reviewed the file for background, and comparison with the Conditions of Approval and the results of Tom Sweeso's field review. By way of background, Staff denied the above reference application on February 20, 1996 based on the inability to make Findings 1 and 2. These findings were not able to be made because Paradise Avenue was not classified as a minor arterial or higher classification road. Further, based on information received from the Department of Public Works, the paved width of Paradise Avenue was only 23 feet. At the time the application was filed the Special Use regulations in the Development Title Section 9-605.5(h) Equipment Sales and Repair- Farm Machinery Sales and Farm Machinery Repair required the use to be on an existing parcel that was Five acres or less and that the use be established on a road designated on the General Plan or minor arterial high classification roadway. Staff's denial of the application was appealed by Terry Remitz on March 1, 1996. The item was to be heard by the Planning Commission on April 4`h, but was continued to May 2, 1996 in order to allow time for the Pescadero Reclamation District to respond. During this time the Planning Commission Agricultural Subcommittee met on April 18, 1996, to review Development Title provisions for allowing Farm Machinery Sales and Repair in Agricultural zones. The Committee recommended that the requirements that the use be established on existing parcel five acres or less be deleted and second that the use be established on a road that is classified as a collector or higher. It is noted that the Remitz application was located on Paradise Avenue which is a minor road and still would not meet the criteria being recommended by the Agricultural Subcommittee. The appeal was heard by the Planning Commission on May 2, 1996, The Planning Commission voted 7-0 to deny the appeal also based on the inability to make Findings 1 and 2. On May 10'h Don Moyer of Moyer Consulting filed an appeal of the Planning Commission's denial of the above referenced Site Approval application. On June 25, 1996 the Board of Supervisors heard the appeal and voted 3-2 to uphold the appeal and approve Site Approval Application No. SA-95-47, subject to Conditions of Approval. The Board added a condition that Paradise Avenue shall be widened to a collector road standards with 40 feet of pavement across the project frontage.