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oAqM! SAN JOAQUIN COUNTY i•—..Et� .oJ/f /iz1COMMUNITY DEVELOPMENT DEPARTMENT ,/ 'An /"'ea) 1810 E.HAZELTON AVE.,STOCKTON,CA 95205-6232 PHONE:209/468-3121 FAX:209/488-3163 May 24, 2002 MEMORANDUM TO: Development Committee FROM: Jennifer Jolley � itu I;r Associate Planner SUBJECT: A PRIVATE RIGHT-OF-WAY/SITE APPROVAL APPLICATION PA-0200165 OF DAVID FRANKE (C/O DILLON & MURPHY) (APN: 021-030-47). The applicant is proposing to establish a private right-of-way to parcel 9 of the Small Farms Improvement Tract Division N antiquated subdivision. The parcel is also located within an area designated OS/RC (Open Space Resource Conservation) in the General Plan. Establishing a private right-of-way in an antiquated subdivision, and constructing a residence in an area with a General Plan designation of OS/RC require a Site Approval application. The parcel is located on the northeast end of Tully Road, 1,700 feet north of Collier Road, Acampo. The parcel is designated A/G (General-Agriculture) and OS/RC (Open Space Resource Conservation) in the General Plan and is zoned AG-40 (General- Agriculture-40 acre minimum). Riparian Habitat Riparian habitat is present along Coyote Creek, which runs through the middle of the five (5) acre parcel. Development Title Section 9-1510.5 states that, parallel to any natural bank of a waterway, a natural open space for riparian habitat and waterway protection shall be maintained to provide nesting and foraging habitat and the protection of waterway quality. The minimum width of said open space shall be one-hundred (100) feet, measured from the mean high water level of the natural bank or fifty (50) feet back from the existing riparian habitat, whichever is greater. Water-dependent uses may be permitted in this buffer. The applicant shall be required to comply with this Development Title requirement as a condition of approval.