San Joaquin County planning commission approves variance, major subdivision for North Tretheway Road property

The San Joaquin County Planning Commission on an unanimous vote approved a variance and a major subdivision to split a 14.77-acre property on the east side of North Tretheway Road into six parcels and a designated remainder.

Planning staff recommended approval after concluding required findings could be made, subject to conditions including groundwater and septic review, on-site stormwater retention, road easement recording and a revised tentative map date. The motion adopted the findings in the staff report and amended condition 1a to correct the tentative map date to May 22, 2025.

The commission heard a staff presentation from Assistant Planner Jacob Pahuli, who described the application as a request to reduce the minimum lot size required in the AG-40 zone to parcels as small as 2 acres and to reduce required lot widths from 330 feet to 315, 321 and 264 feet to allow a six-lot subdivision with a designated remainder. Pahuli said the site has a general plan and zoning designation of general agriculture (AG-40) and that the parcels would be served by private wells, septic systems and on-site stormwater systems.

Applicant Patrick Estes told the commission he owned the property and that he had farmed it for years but envisioned selling smaller parcels to families who might build homes. "We think it's a project that's gonna obviously benefit our county and state, county and state that has issues with housing," Estes said. He confirmed the resulting parcels would be about 2 acres each.

A neighboring resident, Caitlin Sullenberger, urged denial in public comment, saying she and her family chose their home because of the farmland and raised concerns about well contamination and increased flooding if the property were developed. "Replacing the farmland with rooftops and pavement would destroy the very character of the place we call home," Sullenberger said.

Staff and county counsel addressed objections from the San Joaquin Farm Bureau Federation and the Sierra Club, which had submitted letters raising concerns about loss of agricultural land, groundwater nitrate levels, consistency with the general plan and state law. Pahuli told the commission the site is not in active production and that about 70% of parcels within a quarter mile are already 2 acres or smaller. The environmental health department required a soil suitability and nitrate-loading study prior to parcel map approval and the Department of Public Works required on-site stormwater retention and a minimum 25-foot private access and utility easement for Parcels 1–6 before nonagricultural building permits may be issued.

County counsel and staff explained that a variance can reduce parcel size or width where findings of unnecessary hardship and special circumstances are met, and that the variance does not authorize a use not already permitted in the AG-40 zone. As staff summarized, single-family residences and accessory dwelling units are allowed uses in the zone and the variance would not change that. An initial study dated 07/25/2025 prepared for the project concluded impacts could be reduced to less-than-significant levels with mitigation; if approved the county will file a mitigated negative declaration and require a mitigation monitoring and reporting program.

During deliberations commissioners agreed to adopt the findings in the staff report (Attachment E) and the conditions of approval (Attachment F), with the single amendment substituting the correct tentative map date of May 22, 2025 into condition 1a. The final roll call recorded votes of "yes" from Commissioner Rhodes, Commissioner Rustag, Commissioner Tuhi Tabuchi and Commissioner Senghas; the motion carried.

The approval is subject to the stated conditions: completion of the environmental health-required soil/nitrate study, on-site stormwater retention measures enforced by Public Works, recording and construction of the access easement to county standards, and the mitigation monitoring program tied to the mitigated negative declaration. If the project proceeds to parcel map recordation and subsequent building permits, the county's conditions must be satisfied before nonagricultural building permits are issued.

The commission moved on to other agenda items after the vote. County staff noted the record will reflect the mitigated negative declaration and the adopted conditions and that the applicant must meet the listed preconditions before further approvals or permits are issued.