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Item No. 5 PC: 1-2-92 MS-92-48 _ Page 3 STAFF ANALYSIS POLICY CONSIDERATIONS General Plan and Zoning The General Plan designation for most of this site is Agriculture, with the area along the Mokelumne River designated as Conservation. The Conservation General Plan category identifies those areas which are intended to remain in open space in order to conserve natural resources or to protect development from probable hazards. Natural Resource Principle No. 2 states: 'The waterways of the County will be protected by adhering to water quality standards, supporting programs to improve water quality, preventing overuse and misuse, and retaining riparian vegetation along the waterways.' The Department of Fish and Game noted in its letter of November 21, 1991, that there'is a strand of mature riparian vegetation along both banks of the Mokelumne River.' The Department recommended that the subdivision be conditioned 'so that a 100-foot nonstructural buffer is established along the Mokelumne River.' With such a condition (see 'Conditions, if Approved'), this proposal is consistent with the Conservation General Plan designation. A Minor Subdivision application is usually reviewed at staff level. However, this project is being referred to the Planning Commission to determine whether or not the applicant qualifies to create a retirement homesite parcel. The Planning Title provides area exceptions for the creation of a homesite parcel for retirement purposes: 'SECTION 9-4010.2(c). 'Homesite Parcel For Retirement Purposes. A homesite parcel containing a minimum of one and one-half (1 1/2) acres may be created from a parcel twenty (20) acres or larger in size to permit the owner-operator to retain his existing residence and to sell the remainder for agricultural purposes, subject to the following conditions: (relating to properties under Williamson Act Contract.)' The property is not under Williamson Act Contract. The application indicates that Bill Ferreira has owned and operated the property for three years. However, he has indicated that he does not live on the site, nor does he intend to move to the site in the near future or retire soon. The Planning Commission is being asked to determine whether or not the applicant meets the intent of the retirement homesite provision. Subdivision Map Act: The Map Act requires local agencies to provide for public access to rivers and streams unless the agency finds that reasonable public access is available within a reasonable distance from the