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The revised application was referred out to agencies and neighbors for comment,and a new Initial Study was prepared. On May 6, 1999, the Planning Commission reviewed the proposed Conditions of Approval, and voted 6-0 to refer the Conditions of Approval to the Board of Supervisors for consideration. The Conditions of Approval are included as Attachment A. Fallowing is Mr. Guerrero's appeal. APPEAL: 1. APPEAL STATEMENT: 1 am appealing the decision of the Planning Commission to deny a use permit for a slaughter house at 28600 N. Elliott Road, Galt, CA on the basis that a slaughterhouse in an Agricultural Processing- Food Manufacturing zone is consistentwith the AIG General Plan designation and in turn may be conditionally permitted with a Use Permit in the AIG Zone." The appellant also noted that the Staff Report contained sample Findings that were all made in the affirmative,and that he is willing to meet all of the Conditions of Approval and Ordinance requirements contained in the Staff Report. RESPONSE: In order to approve the Use Permit, the Planing Commission must make all of the required findings in the affirmative. In this case to approve the proposed Use Permit four of the Commissioners would have to vote in favor of the project. Five Commissioners were present,and two of the Commissioners could not make all of the required findings. Specifically,the Commission was concerned that the site is not appropriate for the proposed use because it is subject to flooding, and that Finding 4 cannot be made. Finding 4 states that issuance of the permit will not be significantly detrimental to the public health, safety, or welfare,or be injuries to the property or improvements of adjacent properties. Even though the applicant agreed to meet all of the Conditions of Approval,the Commission was unable to make all of the findings. 2. APPEAL STATEMENT: "Flooding occurs not only on this parcel of land, but in all the surrounding parcels. The parcel is located in the Flood Zone A and subject to the 100-year flood. Since construction of the proposed slaughterhouse would be subject to the provisions of Chapter 9-1605, Flood Hazards, contained in the Development Title, and the applicant (myself) is willing to work with County officials to insure resolution of these concerns,the flooding"issue would be addressed and resolved prior to and when construction occurs." RESPONSE: The subject property as well as the surrounding properties are within Flood Zone A, and subject to the 100- year flood event. The Planning Commission was concerned about approving additional commercial-type development in an area known to have an existing flooding problem. 605 LETTER PAGE 2