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Item No. 5 PC. 5-21-92 MS-92-72 Page 2 STAFF ANALYSIS BACKGROUND: On March 12, 1992, Development Services staff approved Minor Subdivision Application No. MS-92-72 subject to Conditions of Approval. On March 23, 1992, Don Moyer appealed Public Health Services' Condition No. 2.a., which required connection to a public sewer system. Mr. Moyer bases his appeal on the fact that Clements does not have a public sewer system, and the Ordinance does permit septic systems an an interim basis in Rural Centers. APPEAL STATEMENT: Mr. Moyer's first basis for appeal is that Clements does not have a public sewer system to hook up to. RESPONSE TO APPEAL STATEMENT: Clements does not have a public sewer system. However, the Planning Title states that if no system is available, a new district can be formed in accordance with Section 9-10004. The absence of an existing system, in itself, does not necessarily mean an individual project does not need a public sewer system. The approval of an interim septic system is discretionary. APPEAL STATEMENT: Mr. Moyer's second basis for appeal is that Section 9-10101(c) permits septic systems on an interim basis in Rural Centers. RESPONSE TO APPEAL STATEMENT: Section 9-10101(c)states that sewage disposal aa.Lb1QLovLq&d on an interim basis provided the County determines that the area proposed for septic tank usage is suitable. 1. The Environmental Health Division has no evidence that this area would be suitable for individual sewage disposal systems, especially on the small parcels being proposed for commercial development. 2 This is a subdivision of commercial property, and therefore, development would be expected to be commercial. Public Health Services has numerous commercial projects around the County that have experienced major septic tank failures. In extreme cases, either the use of the facility has to be curtailed or periodic pumping of the system is required. ENVIRONMENTAL CONSIDERATIONS: The Environmental Initial Study prepared for this Minor Subdivision concluded that the project would not have a significant, adverse effect on the environment. On this basis, a Negative Declaration and a California Department of Fish and Game Certificate of Fee Exemption have been prepared.