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Board of Supervisors <br /> 09/11/2003 <br /> Page 2 <br /> Response to Appeal Statement No. 1. <br /> The Planning Commission was unable to make Finding 4. in the affirmative <br /> because of the potentially significant and detrimental health and safety issues to <br /> children who could potentially be visiting or reside at the project site. <br /> Appeal Statement No. 2 <br /> In his appeal, Don Moyer states: <br /> "5. The use is compatible with adjoining land uses. <br /> Staff Finding: `This finding can be made because the 100 acre parcel will <br /> continue in agricultural production, and 30-acres of the 40-acre parcel will <br /> also remain in agricultural production. The surrounding properties are in <br /> agricultural production, with the exception of a few scattered residences. <br /> Construction will occur on approximately 10-acres of the 40-acre parcel <br /> and the Conditions of Approval will mitigate any potentially significant <br /> impacts to adjacent properties to less than significant.' <br /> Commission Finding: The commission could not make this finding because <br /> they did not believe a lease on the additional 100-acres was valid. The <br /> commission erred because leases are completely legal and very common <br /> in San Joaquin County and elsewhere." <br /> Response to Appeal Statement No. 2. <br /> The Planning Commission was unable to make Finding 5. in the affirmative <br /> because the proposed project did not adequately meet the proposed use type <br /> Group Care-Farm Related as defined in Development Title Section 9-115.115(d) <br /> and that 100-acres of farmland was not sufficient to support the proposed <br /> operation. In addition, the Planning Commission stated that the proposed project <br /> should be located near urban services <br /> FISCAL IMPACT: None. <br /> ACTION TO BE TAKEN FOLLOWING APPROVAL: None. <br /> S�i�inc,erely, <br /> BEN HULSE <br /> DIRECTOR <br /> BH:JJ:jw <br /> Enclosures: Appeal, P.C. Minutes, Rein & Rein Letter, Staff Report <br /> C: Don Moyer <br /> Art Cabral <br /> Clifford Vander Veen <br /> DEVSVC\Pa-03-1648L <br />