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pq�!H SAN JOAQUIN COUNTY y DEPARTMENT OF PLANNING AND BUILDING INSPECTION 1810 E. HAZELTON AVE., STOCKTON. CA 95205 CHET DAVISSON c"��Fo"aN�P PLANNING PHONE: 209/944-3722 Director BUILDING PHONE: 209/944-3701 JERRY HERZICK Deputy Director August 12 , 1987 TOM WALKER Deputy Director MEMORANDUM TO: Development Committee FROM: Planning Division SUBJECT: Minor Subdivision Application No. MS-88-3 of G. Charles Jagir to Subdivide a 47 Acre Parcel into Two Parts of 2 . 0 Acres and 45 Acres. ------------------------------------------------------------------ Comments: ° The applicant proposes to create a 2 . 0 acre parcel for himself as an owner-operator of an agricultural enterprise per Section 9-4104 (b) (1) of the County Planning Title. ° A similar request (MS-86-60) to create two 1 . 0 acre parcels for the owners was reviewed by the Planning Division on February 28 , 1986 . The Division intended to approve only one homesite, but referred that application to the Planning Commission after receiving letters in opposition to this action. On May 1 , 1986 the Planning Commission heard the matter and approved the Minor Subdivision for one homesite, subject to several con- ditions. Subsequently, the Commission' s action was appealed by a neighbor to the Board of Supervisors. The Board considered the appeal on June 16 , 1986 and after taking it under submission approved the appeal on June 30 , 1986 . Thus, the project was denied. Section 9-1113 of the Planning Title prohibits a similar application with one year of the date of denial. ° This proposal meets the language as well as the intent of the Title. On the basis of the information provided, the project qualifies for a owner-operator homesite as defined in the Planning Title: "Owner-operator" means an individual, firm, association, syndicate, partnership, or corporation having sufficient proprietary interest in property to exert direct control over its use and development and in its day-to-day operations. ° Any action taken at staff level may be appealed to the Planning Commission if the appeal is filed within ten (10) days of the final action.