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SU0014917
Environmental Health - Public
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MS-89-06
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SU0014917
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Last modified
5/18/2022 5:12:41 PM
Creation date
5/13/2022 2:42:03 PM
Metadata
Fields
Template:
EHD - Public
ProgramCode
2600 - Land Use Program
RECORD_ID
SU0014917
PE
2600
FACILITY_NAME
MS-89-06
STREET_NUMBER
1100
Direction
N
STREET_NAME
PELTIER
STREET_TYPE
RD
City
LODI
Zip
95242-
APN
01308028
ENTERED_DATE
5/6/2022 12:00:00 AM
SITE_LOCATION
1100 N PELTIER RD
P_LOCATION
99
P_DISTRICT
004
QC Status
Approved
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EHD - Public
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Item No. 5 <br /> PC: 10-6-88 <br /> MS-89-6 <br /> Page 3 <br /> STAFF ANALYSIS <br /> BACKGROUND: <br /> The applicant proposes to subdivide a 27-acre parcel into two <br /> parcels . Parcel 1 is to be a 10-acre homesite for the owner- <br /> operator ; Parcel 2 will contain 17 acres . The General Plan <br /> designation is Agriculture . The zoning is GA-40 (General <br /> Agriculture) , which allows for agricultural uses with a minimum <br /> lot size of 40 acres . The homesite provision is an exception to <br /> the 40-acre minimum lot size requirement . The parcel is under <br /> Williamason Act contract . Ordinarily, homesite parcels are sized <br /> under three acres. Since this parcel is under Williamson Act <br /> contract , the minimum parcel size allowed is 10 acres . <br /> Therefore, the result of providing a homesite parcel for a <br /> 27-acre parcel under Williamson Act contract is a 10-acre parcel <br /> and a 17-acre parcel . <br /> The Planning Commission is being asked to review this application <br /> to decide policy issues and because of the public controversy <br /> involved. Letters of opposition were received from eight <br /> surrounding property owners . They are concerned that the sub- <br /> division will further reduce agricultural production viability on <br /> land in an area zoned at a 40-acre minimum. <br /> POLICY CONSIDERATIONS : <br /> Section 9-4104 (b) ( 1 ) states that "one parcel of land may be <br /> created for the purpose of financing a residence for not more <br /> than one ( 1 ) owner-operator of an agricultural enterprise. " An <br /> owner-operator is defined as an individual , firm, association, <br /> syndicate, partnership, or corporation having sufficient <br /> proprietary interest in property to exert direct control over its <br /> use and development in its day-to-day operations. <br /> Four letters from surrounding property owners opposing this <br /> application have been received. <br /> ISSUES : <br /> Staff has identified the following two issues : <br /> 1 . Is the applicant the operator of the agricultural enterprise? <br /> Response: <br /> The applicant has not presented evidence that he has day-to- <br /> day control over the operation on the property being sub- <br />
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