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Analysis Background on February 23, 2000, the San Joaquin County Community Development Department denied Minor Subdivision No. MS-99-24 due to the inability to make Finding No. 7. Finding No. 7 requires the review authority to find that the design of the subdivision or the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. This finding cannot be made because a secondary method of access to the proposed parcels, required by Development Title Section 9-1150.15(b),cannot be provided to serve the parcels. Section 9-1150.15(b) of the Development Title states that in nonagricultural areas, any private right-of-way that exceeds the length provided for in Section 9-1150.13 shall have a secondary method of access. Section 9-1150.13(a) states that cul-de-sac streets shall not have a length exceeding 1,000 feet. The attached site plan, submitted with the application, shows a proposed cul-de-sac well over 1,000 feet from the County maintained roadway. Therefore,secondary access is required by ordinance, and none has been provided. Section 9-1150.13(a)also states that the above length requirement may be waived where existing physical conditions make such limitations of length impractical. Staff has reviewed the site location for such physical conditions and found none. The project area is not hindered by any natural barrier such as waterways,and there are no structural improvements preventing the applicant from providing secondary access. Appeal Statement The applicant states that staff is incorrect in their interpretation of the Development Title. Response The applicant has indicated that he is unable to provide secondary access and is appealing this application on the basis that staffs interpretation of the Development Title is incorrect. The applicant has not provided evidence that this application should be exempted from the secondary access requirements as provided above. San Joaquin County MS-99-24\Lindberg Community Development Page 3