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Mr. Herum responded that if the Commission wished to wait to receive a report, the applicant would be willing to do that. Comm. Gabbard said that was not his preference. PUBLIC HEARING CLOSED James Miller , Local Health District, asked to clarify some of his com- ments made at the beginning of the hearing. He noted that an inspec- tion was made on the property on September 14 , 1988 by Mr . Beiderman of the Local Health District. There were approximately 200 head of cattle and there was no fly or odor problem. Planning staff member, Harry Islas , also visited the site several times in the mid-afternoon. The most recent visit was two months ago with someone from the Local Health District. The first distinct problem with odor was in September 1987 . Subsequent visits to the site indicated that there was no odor problem. Chairman Bozzano said that this is in an agricultural zone and it is an agricultural use. The Use Permit must be conditioned so that there will not be a nuisance situation. It is the Commission ' s respon- sibility to determine if there is , or is not, a nuisance involved. Comm. Morri said that there is no way that this operation could be considered as resource recovery. The material is "raw material. " He said that this operation must not be injurious to the people in the vicinity. Chairman Bozzano said that if the odor is beyond what would be expected in an agricultural zone, an extreme, extra-ordinary problem, then that would be a consideration for the Commission. Comm. Morri said he lives in the vicinity of the Tracy sewage treat- ment plant and near the Holly Sugar Company. He said he knew that the odor coming from the Ronyak property was worse than the odors coming from the Tracy sewage treatment plant and the Holly Sugar Company. Comm. Carter said that this appeared to be a very intense use on a small parcel. It is not possible to do, successfully, all the things that the applicant would like to do on this 36-acre parcel. This is what is causing the problems to the people in the area. Comm. Jungeblut said that the consistency of the silage is the problem as well as the liquid coming out of he trucks and going into the silage pit. He said he had smelled it and it would "gag a maggot. Comm. Gabbard said he could not make Finding No. 4, which states that "Issuance of the permit will not be significantly detrimental to the public health, safety, or welfare or be injurious to the property or improvements of adjacent properties. " Comm. Morri said he understands there is other property available. He said he believes in the free enterprise system, but is concerned about PC: 9/15/68 -8- MINUTES