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SU0007408
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SU0007408
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Entry Properties
Last modified
5/7/2020 11:33:02 AM
Creation date
9/6/2019 10:45:47 AM
Metadata
Fields
Template:
EHD - Public
ProgramCode
2600 - Land Use Program
RECORD_ID
SU0007408
PE
2631
FACILITY_NAME
PA-0800304
STREET_NUMBER
37100
Direction
S
STREET_NAME
KOSTER
STREET_TYPE
RD
City
TRACY
APN
26509009
ENTERED_DATE
10/6/2008 12:00:00 AM
SITE_LOCATION
37100 S KOSTER RD
RECEIVED_DATE
10/6/2008 12:00:00 AM
P_LOCATION
99
P_DISTRICT
005
QC Status
Approved
Scanner
SJGOV\rtan
Supplemental fields
FilePath
\MIGRATIONS\K\KOSTER\37100\PA-0800304\SU0007408\APPL.PDF \MIGRATIONS\K\KOSTER\37100\PA-0800304\SU0007408\CDD OK.PDF \MIGRATIONS\K\KOSTER\37100\PA-0800304\SU0007408\EH COND.PDF \MIGRATIONS\K\KOSTER\37100\PA-0800304\SU0007408\EH PERM.PDF
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EHD - Public
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(2) <br /> The Community Development Department offers the following comments on the findings <br /> proposed by Mr. Towers: <br />' Page 2, third paragraph: It is not clear that "Sector C-8 was specifically excluded from <br />" Significant Resource Sectors identified in General Plan Figure'Vl4." Nor is it clear that it <br /> was not excluded. The findings conclude that "Extractive Policy 1 does not apply, nor do <br /> any of the implementation measures associated with Policy 1". Policy 1 does not restrict <br /> implementation measures or County ordinances from protecting extractive resources <br /> more broadly than expressed in the policy. The Resource Conservation designation on <br /> the General Plan does not exactly follow the MRZ-2 zone, and it definitely includes most <br /> of the Towers property. Development Title Sections 9-605.60) and 9-1525 rely on the <br /> Resource Conservation designation, not on General Plan Extraction Policy 1. The <br /> result, relative to this issue, is that a Site Approval is required for this project, and the <br /> Commission must determine that this project does not require a significant capital <br /> investment in facilities and structures. The Community Development Department has <br /> made that determination in finding 1 in the staff report. <br /> The Community Development Department has no comment on Mr. Towers' proposed <br /> findings B, C, and D which correspond to findings 2, 3, and 4 in the staff report. <br /> The Community Development Department is recommending that finding 5 <br /> (corresponding to finding E in the Towers submittal) can be made for the corporation <br /> yard and cannot be made for the residence. Mr. Towers makes two basic arguments for <br /> making finding 5 for the residence. First, he cites the California Mineral Resource <br /> Management Policies definition of compatible land use which includes "very low density <br /> residential". The Development Title and the Uniform Building Code do not define <br /> compatible use. Pursuant to Section 9-110.2 of the Development Title, if a term is not <br /> defined in the Development Title or the Uniform building Code, the definition provided in <br /> Webster's Third New International Dictionary shall be used. So a definition in the <br /> California National Resource Management Policies is not relevant. <br /> In the second argument, Mr. Towers notes that the Initial Study prepared by the <br /> Community Development Department did not find a significant land use conflict, and the <br /> EIRs for the adjacent quarries (DSS and CEMEX) suggest there would not be significant <br /> impacts from those quarries on a residence at this site. The Planning Commission may <br /> find, pursuant to CEQA, that the residence does not pose a potentially significant impact <br /> relative to land use, and still find that the residence is incompatible with the existing <br /> quarries. If the Planning Commission chooses to use Mr. Towers' recommended <br /> findings, the Community Development Department recommends that the discussion <br /> regarding nuisance (No. 5) be dropped as it is not relevant. <br /> Attachments <br /> The Community Development Department has no comment on the attachments to the i <br /> packet submitted by Mr. Towers. <br />
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