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mile from the western boundary of the City of Lathrop and approximately 1,800 feet north of the urban community boundary of the City of Lathrop. Studies: Storm water drainage shall be retained on the site(Condition No. 1.d.). Development Title Section 9-1105.2(d) states, "The suitability of an area proposed for septic tank usage shall be determined prior to submission of a General Plan Amendment or Zone Reclassification application, the approval of a parcel map or final map, or the issuance of a building permit for other development project applications." The Environmental Health Division's requirement of a suitability/nitrate loading study after the approval of the project is appropriate because the study is required prior to the issuance of a building permit. Community Development Department's Condition of Approval No. 1.k.(1) requires the applicant to either obtain a building permit or provide existing building permits for the three(3) existing commercial coaches. The California Regional Water Quality Control Board states, "The facility at 690 West Frewert Road remains covered by Waste Discharge Requirements Order No. 99-134. Order No. 99-134 addresses the management of animal wastes. As long as the facility is operated in compliance with Order No. 99-134, there is no reason the facility should not continue to be operated as a confined animal facility." Appeal Statement No. 5: In its appeal, the City of Lathrop stated: "See Sundstrom v. County of Mendocino." Response to Appeal Statement No.5: The Community Development Department cannot respond to this appeal statement. The comment is not specific and indicates no basis for the appeal. Appeal Statement No. 6: "The conditions of approval allow offspring animals, thus indicating long term keeping of animals on- site." Response to Appeal Statement No. 6: Development Title Section 9-1045.4(a)states: "Unless otherwise specified, the offspring of animals are allowed and shall not be counted until they are of weanable or self-sufficient age. Dogs and cats shall be counted at four(4) months of age. Swine shall be counted at eight(8)weeks of age" (Condition No. 1.j.131). A maximum of five-hundred (500) adult swine are permitted in the feedlot at any given time. As a result, if any of the swine produce offspring during the duration of their stay at the feedlot, the applicant will not be in violation of his land use permit. If and when the offspring reach eight(8)weeks of age, the offspring (or other adult swine) shall be removed so as to not exceed the five hundred (500) swine maximum. San Joaquin County SA-01-75\Stagno Community Development Page 5