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Analysis Background On July 31, 1998,the Community Development Department approved Minor Subdivision No. MS-98-23. That approval is to merge three existing lots and resubdivide to result in two lots. On August 10, 1998, John Wallis appealed staffs action to approve the project to the Planning Commission. A water well is located on the northwest comer of proposed Parcel 2. That well served the existing residence on proposed Parcel 1 and a residence located on Assessor Parcel No. 015-130-02, located 50 feet west of the project site and owned by John Wallis,the appellant. Appeal Statement In his appeal, the appellant made the following statement: Approval of project will cause me to lose my water supply, creating a health hazard. Approval requires that my existing water well be destroyed. No provision is made for replacement water supply. Response to Appeal Statement As a Condition of Approval, the existing well shall be destoyed, and new lots shall be served with public water. As a result of destroying the well, Mr. Wallis' property shall also be served by public water. However, Mr. Wallis' property must be served by public water even if the appeal is approved. Michael Bruner, the applicant, has indicated that the residence on proposed Parcel 1 has been recently disconnected from the well and is being served by public water. Public Health Services has indicated that the existing well must be abandoned even if the applicant does not subdivide the property. Public Health has also indicated that Mr. Wallis must acquire public water and cannot drill a private well. The relevant Conditions of Approval are listed below: Public Health Services Condition No. 1 Prior to recording the final parcel map, the existing abandoned water well on parcel #2 shall be properly destroyed. An Environmental Health Division permit and inspection are required. Public Health Services Condition No. 3 Connection to an approved public water supply system as required by Section 9-1120.2 of the San Joaquin County Development Title at the time of development for Parcel#2. Public Works Condition No. 6 (in part) The project shall be served by a public water system conforming to the requirements of the San Joaquin County Public Health Services Environmental Health Division and the Department of Public Works. (Development Title Section 9-1115.2) San Joaquin County Bender\MS-98-23 Community Development Page 5