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Analysis Property History Use Permit Application No. U-84-98 was approved by the Board of Zoning Adjustment on April 12, 1984, to convert the existing building on the site, formerly the Old River School, into a day care facility for 60 children. The facility was approved to operate Monday through Friday, from 7:00 a.m. to 6:00 p.m., and be staffed by five employees. Since being approved to operate, the facility has been converted to a migrant Head Start facility and expanded to 95 pre-school-aged children and 23 employees. An existing residence on the property has been converted to a classroom building to accommodate the increased number of children. The applicant at the time the previous Use Permit application was approved has since purchased the property and is now requesting this Site Approval application to both permit the previous expansion (from 60 to 95 children) and the proposed expansion to allow 30 infants at the facility. Two other Use Permit applications have been submitted for institutional uses on the site. Use Permit Application No. U-82-5,for a substance abuse treatment facility,was denied by the Board of Supervisors on November 12, 1981, and Use Permit Application No. U-83-93, submitted for a maternity care home, was withdrawn at the request of the applicant. Each of these applications was submitted by the previous owner, who also submitted the Use Permit application for the day care facility. Neighborhood Opposition One letter from an adjacent property owner and a petition containing the signatures of 23 people in the vicinity of the project site, all in opposition to the project, were received in response to the application referral. In addition,two letters were received from people who had earlier supported the project but who now are in opposition to the proposed expansion of the facility. Opposition to the project is based on the following issues: land use conflicts, a need for the use to be near emergency services, and the safety of the former school building. Land Use: The subject parcel is located in an area that is composed primarily of almond and apple orchards, with widely scattered residential uses. The opponents to the project state that the expansion of the facility will expose the children and adults on the site to the pesticides and herbicides that must be applied to the surrounding orchards. People on the site would also be subject to dirt and noise that result from agricultural practices on those orchards. In addition,the opposition states that the presence of so many people on the site will lead to restrictions on current agricultural practices and increase agricultural costs. In preparing the Initial Study for the project, staff found that the proposed expansion of the existing facility would not result in any significant, adverse land use conflicts related to the application of chemicals to the surrounding orchards. This conclusion was based on restrictions on the application of such chemicals by State regulation. These regulations, administered by the County Agricultural Commissioner, in many cases require the applicator to secure an approved permit, submit a notice of intent to apply chemicals, and to post notices in areas to be sprayed. The regulations also require the chemicals being applied to be contained on the parcels being San Joaquin County SA-93-45/Temple Community Development Page 4