What appears to be a simple boundary line adjustment has been bouncing around the Amador County Planning Department for 3 1/2 years.

On Tuesday night, Amador County rancher and grapegrower, Ken Deaver, appealed the planning department's interpretation that the proposed reconfiguration of parcels of land that he owns in the Shenandoah Valley would violate the county code relating to farm labor quarters.

Existing Amador County Code Section 19.48.080.B allows issuance of a use permit for one mobile home for farm labor on any parcel in an A or AG zone. The altered boundaries in Deaver's proposal would place two farm labor quarters on one parcel.

"It is my belief that the housing element adopted in 2005 allows this," Deaver said at the beginning of the meeting.

County Planning Director Susan Grijalva replied, "The section in the (2005) housing element is a recommendation, not a regulation."

This began a lengthy exchange among planning commissioners and staff, revolving entirely around the question of whether increased density of farm labor housing was actually approved in 2005.

The 2005 housing element Section F contains a paragraph that includes a change to the existing housing element, which would allow "one farm worker dwelling per 20 acres, up to 4 dwellings per parcel."

The proposed change springs from recognition of the need for additional farm worker housing in the vicinity of the city of Plymouth and other agricultural lands countywide, as outlined in Appendix H of the 2005 county general plan housing element.

"The housing element is the only element that must be updated every five years," said Planning Commissioner Ray Ryan. "My concern is that we have updated the housing element, specifically farm worker housing, but haven't adopted regulations and recommendations."

Commission Chairman Andy Byrne and county Planner Heather Anderson both expressed concern that changes to the housing element would create a conflict with other elements.

"I'm completely uncomfortable," said Byrne, "with finding that the housing element takes precedence over the land use element."

Anderson supported Byrne, saying, "This would cause a conflict between the housing element and the health and safety element."

But Commissioner John Gonsalves took another opinion. "I don't think we should be punishing the applicant for our not having the opportunity to finalize the ordinances," he said.

Ryan read from the California Planning Guidelines: "Housing changes must be implemented and changes to the elements must be suggested in order to bring them into compliance with the new housing element."

Ryan's reading of the guidelines was not sufficiently persuasive to alter the opinions of Byrne or fellow Commissioner Denise Tober, who continued to agree with the planning department's interpretation.

In the end, the 2-2 deadlock of the commissioners sent the matter on to the Amador County Board of Supervisors for its consideration.