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1. APPEAL STATEMENT "The Planning Commission improperly denied the Use Permit which project complies and has available all services and improvements required by all agencies." RESPONSE The Planning Commission was unable to make four of the necessary five Findings. In such circumstances, the Planning Commission has no alternative but to deny the application. Only one of the Findings, Finding 2, requires that adequate utilities, improvements, sanitation, water supply, drainage, and other necessary facilities be provided. The Planning Commission was unable to make this Finding. The Commission determined that the project, as presented, did not provide adequate wastewater and manure management improvements, did not provide an adequate plan for the removal of carcasses and offal, and did not provide adequate drainage facilities. In addition to this Finding, the Commission was unable to make Findings 3, 4, and 5. Finding 3 requires the site be physically suitable for the type and intensity of development. The Commission concluded that the 12.7 acre site is not large enough for the proposed slaughterhouse and would prove too intensive a use for the parcel Finding 4 requires that the issuance of the permit not be detrimental to public health, safety, or welfare or be injurious to adjacent properties. The Commission determined that impacts intrinsic to slaughterhouses, such as odors, flies, wastewater and manure generation, carcasses, and offal could not be limited to the subject parcel and would affect neighboring parcels, potentially resulting in a detriment to the health and property of the neighbors. Furthermore, the City of Lathrop's sphere of influence is located about 1,800 feet from the project site and the City indicated it intends to extend this boundary north, resulting in the inclusion of the subject parcel. The Commission considered future potential conflicts between the City of Lathrop's plans for residential and commercial development in the area and the slaughterhouse. Finding 5 states that the use is compatible with adjoining land uses. The Commission concluded that such a use would not be compatible with the current residential uses adjoining the property and in the vicinity, nor is the use compatible with the future residential and commercial plans Lathrop has for the vicinity. FISCAL IMPACT: None. ACTION TO BE TAKEN FOLLOWING APPROVAL: None. Sincerely, 6JL BEN HULSE DIRECTOR BH:KL:ss Enc.: Appeal; P.C. Minutes; Staff Report c: Richard and Lynda Stagno Jose Alva SOS LETTER PAGE 2