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K.LEINFELD S. HEISER <br /> ATTORNEYS AT LAW <br /> December 3, 1987 <br /> San Joaquin County Planning Division <br /> Page 3 <br /> contract pursuant to this chapter, which is sufficiently <br /> close to land which is so restricted that it can serve as a <br /> practical. alternative for the use which is proposed for the <br /> restricted land. " <br /> The same section states that "as used in this <br /> subdivision ' suitable ' for the proposed use means that the <br /> salient features of the proposed use can be served by land <br /> not restricted by contract pursuant to this chapter . " <br /> No other definitions are given by the Act and case law <br /> has not been helpful so far in interpreting the other words <br /> of the finding, such as the word "available" and the words <br /> "more continguous patterns of urban development" . <br /> The proposed alternative use of the subject parcel is <br /> the prospective expansion of the Auto Center . It is a <br /> logical move and would enhance the auto row image desired by <br /> the Auto Center by extending its exposure on its primary <br /> access road, Hammer Lane . Further, with the parcel lying <br /> adjacent to Hammer Lane, extension of public services and <br /> utilities to the project should be quite workable . <br /> The only noncontracted land in the vicinity of the <br /> Auto Center offering an alternative for the use which is <br /> proposed for the subject parcel lie south and east of the <br /> Auto Center. Such land, however, would not appear to be <br /> available (applicant does not believe it is for sale ) , it <br /> would not appear to be a practical alternative to the subject <br /> parcel by virtue of its distance from Hammer Lane and/or the <br /> Auto Center, and it would not appear to be able to provide <br /> the above-described salient features of the proposed use. <br /> Moreover, with phase 2 of the Auto Center being <br /> developed in the direction of the subject parcel , development <br /> of the subject parcel would obviously provide a more <br /> contiguous pattern of urban development than development of <br /> any noncontracted land in the vicinity . <br /> -5- <br />