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would not be allowed. Therefore, development of the project will be disruptive to the neighborhood beyond the confines of adjacent properties." Response to Appeal Statement No. 5: The Department of Public Works has indicated that Option 1 in the East Stockton sewer nistrict is not v further ecessary to o struct a new sewer l nen Ma nStreet connecting directly into System #6, as indicated in the City of Stockton Will Serve letter. APPEAL OF TAE OH: On May 29, 2001, Tae Oh, the applicant, appealed the Department of Public Works Conditions 2.m and 2.n. Appeal Statement No. 1: The applicant is requesting that the Department of Public Works "allow the applicant to utilize Option 1 of the City of Stockton wwill serve letter for sewer purposes (no action taken on this issue by commissioners as it was not within, their jurisdiction)." Response to Appeal Statement No. 1: Department of Public Works Condition 2.m. states: The project shall be served by a public sewer collection and treatment system constructed in conformance with the requirements of the City of Stockton, the Environmental Health Division of San Joaquin County Public Health Services, and the Department of Public Works. Sewer capacity in the East Stockton sewer system (system #4) is not available for this project. Therefore, Option 1 as specified by the Will Serve letter dated January 26, 2001, from the City of Stockton, shall not be approved by San Joaquin County (Development Title Section 9-1105.2). The Department of Public Works has indicated that Option 1 in the East Stockton Sanitary Sewer District is not available to properties outside the District. Three resolutions were adopted by the Board of Supervisors limiting connections to the East Stockton Sanitary Sewer Project to parcels within the District. These Resolutions are summarized as follows: On August 5,1986,the Board of Supervisors adopted Resolution R-86-771, which established a policy for administering the sewer capacity for the East Stockton Sanitary Sewer Project (ESSSP). The Resolution directed that priority for the use of any additional transmission capacity in the ESSSP be assigned to development within Improvement District No. 51 for an initial period of time to be recommended in a report prepared by the Department of Public Works. This original resolution limited connections to the ESSSP to parcels within the District. On April 16, 1996, the Board of Supervisors adopted Resolution R-96-194, modifying Resolution R-86-771, to allow development within the North Collector System, using BOS LETTER PAGE 4