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04116/2009 10: 33 2098797928 RIVER ISLANDS PAGE 82/eu low RIVER ISLANDS A T L A T H R Q P April 14, 2009 Kevin. Swanson, Senior Planner San Joaquin. County Community Development Department 1810 East Hazelton Avenue Stockton, CA 95202 RE: Continuance of Public Hearin - Poultry Farm PA-0500729 {Olivera Limited Partnership) Dear Mr, Swanson: We have been contacted in writing by the applicant's legal counsel.regarding the applicant's request to continue the public hearing until such time that certain baseline environmental documents are drafted for the proposed project. While we have no objection v,ith the request for a continuance, we note that no amount of studies will resolve the fund amental land use conflicts arising from placing nearly one half million chickens on property adjacent to the urbanized uses found in the River islands project, and we do not want the Applicant to treat any grant of continuance as a implied approval of the project or endorsement of a negative declaration.. We further believe that the Commission and staff should be aware of the fallowing in considenng the applicant's request: • CEQA Review - The Applicant's counsel suggests that the preparation of environmental studies at this time does not commit his client to drafting an Environmental Impact Report. We believe that the determination as to the level of CEQA review in this case is with the County and not the applicant. Again, as we have mentioned previously on the record, we believe that an ETR is in fact warranted, not just for the potential for adverse environmental impacts,but due to the controversial nature of this project. The County should carefully review the baseline documents that are prepared and redraft an initial study based on this new information and in light of the controversy that continues to surround this project. We also will request from the applicant and the County that we receive the opportunity to review the baseline documents for any deficiencies or shortcomings in the methodology and/or findings of the reports. • Project Site Location: —the Commission and staff should remember that the primary problem with the proposed project is its proximity to sensitive receptors Ti4p CAMRAY GROUP, INC. 73 W_ Stewart Road. Lathrop CA 95,330 209.879.7900 Fax 209.879.7928 WWXV.rivcrialands.com