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Raymond Hoo Community Development Department 2 June 14, 2004 It is reported that your office may not be concerned about the potential conflict between residential uses and existing agricultural uses due to the so-called"right to farm defense". The code section referred to, Civil Code section 3482.5, merely provides that an existing agricultural operation shall not become a nuisance in the event of a changed condition in the locality, after the agricultural operation has been in use for three (3) years if it was not a nuisance at the time. This does not,however, exclude other theories of liability. Indeed, I was recently involved in a case in which a farmer was sued, despite fully qualifying for the defense set forth in Civil Code section 3482.5. In that case, claims were stated on theories other than for nuisance,and the matter proceeded to a conclusion by jury trial. Although the farmer ultimately prevailed, there was considerable expense involved in the defense. The bottom line remains that conflict between agricultural and residential uses is inevitable. An additional area of concern to us is the proposed 25-foot wide access easement shown on the tentative parcel map. This proposed access easement is obviously for roadway purposes, and would divide Parcels 1 through 5 in half, as well as dividing Parcel 6. This is indicative of a plan to divide these parcels yet again so that there are ultimately created a total of 12 parcels. A further concern that we have is that the access to these parcels apparently has been from Sola Road, but there is a proposed 35-foot reservation for roadway purposes along the easterly edge of Parcel 1 and the northerly edges of Parcels 1, 2, 3 and 4. This would allow traffic along the southerly boundary of my client's property. Unless the roadway is paved, this will result in dust problems which create insect infestations in crops. Since the entire roadway from Parcel 1 to the north and then east to the point where it turns north at the northeast corner of Parcel 6 is more than one and one-half miles, it should be reasonably anticipated that vehicle operators will not maintain their speed at a level that avoids the creation of dust. The next area of concern is the potential impact that the development of these parcels may have on water quality. It is set forth on the tentative map that sewage disposal will be by septic tank and leach lines. These parcels are in close proximity to Little Johns Creek, and the proposed water supply is by private well. Before proceeding, it should be determined that there will be no impact on water quality in the area. The tentative parcel map further states that a parcel map waiver is also being requested at this time. We would object to the waiver of a parcel map, particularly in view of these comments. Finally, it is indicated that a negative declaration is being proposed for adoption. We would request that you please provide a copy of the initial study and the proposed negative declaration. In our view, a negative declaration is completely inappropriate in this matter since it is quite obvious that this project may have a significant impact on the environment.