VARIANCE AND LOT LINE ADJUSTMENT APPLICATION NO. PLN2024-0072- BYRD

VARIANCE AND LOT LINE ADJUSTMENT APPLICATION NO. PLN2024-0072- BYRD

Request for a variance to Section 21.20.060 of the Zoning Ordinance to allow a parcel (Assessor’s Parcel Number [APN] 008-005-031) to be adjusted to less than 40-acres in size. The Variance is required to approve the adjustment of the lot lines of four parcels in the General Agriculture (A-2-40) zoning district from 75.62± (Parcel 1), 81.70± (Parcel 2), 41.80± (Parcel 3), and 40.49± (Parcel 4) acres to 50.94±, 117.24±, 41.88±, and 29.55± acres respectively. The purpose of this lot line adjustment is to separate the water retention areas and the Tuolumne River from viable agricultural land and to align the property lines with the river, which currently bisects the existing 40.49-acre parcel (APN 008-005-031 and APN 008-005-032). If approved, Parcel 4 will consist of a single legal parcel divided by the Tuolumne River. The new 29.55-acre portion will be located entirely north of the river and have access to Yosemite Boulevard, while the remaining portion will be situated entirely to the south of the river. The residential density allowed on each parcel will not increase as a result of this project; Accordingly, no additional vehicle trips will occur as a result of this project. The project site holds existing discretionary mining rights under a use permit (UP No. 1211) associated with mining ID #91-50-0006; however, the project site is no longer actively mined and has been fully reclaimed. The proposed variance and lot line adjustment will not affect the development capacity, the approved reclamation responsibility plan, or agricultural use of the parcels, and no construction is proposed as part of this request. Parcel 1 and 4 are included in the Variance request; after adjustment the mining rights will only exist on adjusted Parcel 4. Currently, Parcel 1 is developed with one single-family dwelling and two barns and Parcel 4 is developed with two barns. Parcel 2 and 3 are included in the Lot Line Adjustment request but are not included in the Variance request. However, the Lot Line Adjustment cannot be approved without approval of the Variance request. Parcel 2 is undeveloped, with no structures and Parcel 3 contains two single-family dwellings, four barns, and three outbuildings.

Waterford

Stanislaus

Citywide, Countywide

California Air Resources Board (ARB), California Department of Conservation (DOC), California Department of Fish and Wildlife, Central Region 4 (CDFW), California Department of Fish and Wildlife, North Central Region 2 (CDFW), California Department of Forestry and Fire Protection (CAL FIRE), California Department of Parks and Recreation, California Department of Toxic Substances Control (DTSC), California Department of Transportation, District 10 (DOT), California Department of Water Resources (DWR), California Fish and Game Commission (CDFGC), California Governor's Office of Emergency Services (OES), California Highway Patrol (CHP), California Native American Heritage Commission (NAHC), California Natural Resources Agency, California Regional Water Quality Control Board, Central Valley Sacramento Region 5 (RWQCB), California State Lands Commission (SLC), Central Valley Flood Protection Board, Delta Protection Commission, Delta Stewardship Council, Office of Historic Preservation, State Water Resources Control Board, Division of Drinking Water, State Water Resources Control Board, Division of Drinking Water, District 10, State Water Resources Control Board, Division of Water Quality, State Water Resources Control Board, Division of Water Rights, State Water Resources Control Board, Divison of Financial Assistance

Other (Agricultural lot line adjustment)

Variance

None identified