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;r SAN JOAQUIN COUNTY ' COMMUNITY DEVELOPMENT DEPARTMENT 1810 E.HAZELTON AVE.,STOCKTON•CA 95205.6232 o40 -04' DEVELOPMENT SERVICES PHONE:(209)468.3120 PLANNING PHONE:(209)468.3120 BUILDING PHONE:(209)469-3123 NEIGHBORH000 PRESERVATION PHONE:(209)4683021 November 30, 1992 � o Board of Supervisors DEC 0 41992 Courthouse ENvwI ;vooLNTAL HEALTH Stockton, CA 95202 PERMIT 1 SERVICES � Dear Board Members: APPEAL OF GERALD A. SPERRY OF CONDITIONS OF APPROVAL NOS. 6.A. AND 6.6. OF THE PLANNING COMMISSION APPROVAL OF MAJOR SUBDIVISION APPLICATION NO. SU-91-15 (TRACT NO. 2493) OF JOE TARANTINO AND VICTOR& ROLAND GOTTI (C/0 RIVER OAKS JOINT VENTURE & LUIS ARISMENDI) (DISTRICT 4) IT IS RECOMMENDED: That the Board of Supervisors deny the appeal of Conditions of Approval Nos. 6.a. and 6.b. of approved Major Subdivision Application No. SU-91-15 (Tract Na 2493). BACKGROUND: The applicant's proposal is to subdivide a 124-acre parcel into a 218-lot subdivision with a vested tentative map. The project is comprised of 210 single-family residential lots, a 26-acre lake, a recreation center, a library/fire station site, a park site, and four lots containing 26.9 acres that will be further subdivided at a later date to accommodate approximately 79 single-family, detached, clustered residences. The Planning Commission conducted a hearing for the Major Subdivision application at its meeting of November 5, 1992. At the public hearing, Luis Arismendi spoke in favor of the proposal. Also speaking in support of the project were Preston Ledbetter, Larry Jauregui,and Jerry Busby. Speaking in opposition to the proposal was Ed Holden, who stated his concerns regarding the 26-acre lake's impacts on the area's water table. After considering all written and oral testimony, the Planning Commission voted 5-1 to approve the project with the recommended Conditions of Approval, with the revisions noted in the E attached Planning Commission minutes.. On November 16, 1992, Gerald A. Sperry filed an appeal, on behalf of the owner, of Conditions of Approval Nos. 6.a. and 6.b. of the approved subdivision. These conditions are as follows: 6. STATE DEPARTMENT OF FISH AND GAME: a. The following measures shall be taken to preserve the site's Swainson's hawks nesting trees: (1) All potential nest trees on the site for the Swainson's hawk shall be identified by a qualified biologist and preserved, unless the trees pose a safety hazard. A map of the nest trees shall be submitted to the Community Development Department prior to approval of the Final Map. (2) No construction activities shall take place on the site within a one-half-mile buffer around active Swainson's hawk nest sites during the breeding season, from BOS LETTER PAGE i