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SU0009195 (3)
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SU0009195 (3)
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Last modified
5/7/2020 11:33:53 AM
Creation date
9/9/2019 10:33:17 AM
Metadata
Fields
Template:
EHD - Public
ProgramCode
2600 - Land Use Program
RECORD_ID
SU0009195
PE
2656
FACILITY_NAME
PA-1200063
STREET_NUMBER
151
Direction
W
STREET_NAME
TADDEI
STREET_TYPE
RD
City
ACAMPO
APN
00317010 54
ENTERED_DATE
5/21/2012 12:00:00 AM
SITE_LOCATION
151 W TADDEI RD
RECEIVED_DATE
5/18/2012 12:00:00 AM
P_LOCATION
99
P_DISTRICT
004
QC Status
Approved
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SJGOV\rtan
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\MIGRATIONS\T\TADDEI\151\PA-1200063\SU0009195\REV EH COND 2.PDF \MIGRATIONS\T\TADDEI\151\PA-1200063\SU0009195\CDD OK.PDF \MIGRATIONS\T\TADDEI\151\PA-1200063\SU0009195\APPEAL.PDF \MIGRATIONS\T\TADDEI\151\PA-1200063\SU0009195\MISC.PDF
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EHD - Public
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5 <br /> nor "subordinate" to "the primary agricultural use," as required by County policy. And <br /> regardless of their nomenclature, having 150 people routinely gathering more than twice a <br /> month for social events of the size and scope proposed is incompatible with the ambiance <br /> of this particular agricultural area as required by the County Code. <br /> D.2. Residential Neighborhood,Not Factually an "AG40" Setting <br /> These"marketing events' are taking place in a community neighborhood setting, in <br /> which over twenty families live in close proximity to one another, in a residential, <br /> subdivision-fashion land-use setting. <br /> D.3. The Project's Impacts Would Constitute a Nuisance in San Joaquin <br /> County Neighborhoods Elsewhere <br /> These "marketing events"would never be permitted in any area which(a) contains <br /> a subdivision cluster of neighborhood homes like those here, and (b) is not zoned <br /> "Agriculture." The unavoidable nature of the activities inherent in the proposed <br /> "marketing events"would constitute a nuisance if conducted in the same type of residential <br /> setting in an area of San Joaquin County zoned other than Agriculture. <br /> Stated differently, the mere fact of a zoning designation does not make a nuisance <br /> into a non-nuisance. If your next-door neighbors are having a large outdoor party with a <br /> hundred or more people at a wedding, social gathering, etc., and loud music is being <br /> played, etc., as proposed here, that activity is a nuisance regardless of the zoning in which <br /> you live. This would never be allowed but for the land's"AG-40"zoning designation. <br /> HI FINDINGS OF FACT MADE BY THE STAFF WHICH WERE WRONG,WITH <br /> REASONS: <br /> A. Findings 1,4,and 5 are Wrong; Finding 2 is Highly Suspect <br /> The Community Development Department's staff report recommended five <br /> findings to the Planning Commission, all of which were accepted as proposed. Three of <br /> these five findings are factually incorrect and cannot be supported by the facts presented or <br /> assumed,and a fourth is highly suspect. Findings 1, 4, and 5, are incorrect and are not <br /> be supported by the facts. Further, some of the material "facts" presented are Rgand <br /> incorrect,hence they are not"facts"at all. Much of the logic given in support of these <br /> three findings is tautological, stating that(a) simply because the San Joaquin County Code <br /> technically allows such a thing, (b) that technicality justifies the thing being allowed `in <br /> this case.' Such logic is employed to make a finding, recommendation, or condition <br /> presumptively correct, but not factually correct. Presumutions are inadequate to support <br /> formal findings of fact. <br />
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