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Analysis Background On September 15, 2003, the Community Development Department conditionally approved Site Approval Application No. PA-03-399 for a landscape and gardening business on a 3.1-acre parcel. On September 23, 2003, the City of Lathrop appealed staffs action. Appeal Statement 1 In its appeal, the City of Lathrop states: "The City of Lathrop is in the process of annexing approximately 1,540 acres within the City of Lathrop's Sphere of Influence and that includes the subject property. The Notice of Preparation commenced on July 17, 2003, The Specific Plan in conjunction with the annexation will constitute the pre-zoning of the area. The Environmental Impact Report(EIR) is currently underway. The Nursery Sales and Service-Landscape Services use is not a compatible land use. Since the Specific Plan and annexation will be occurring in 2004, we would request a condition be added that would have a sunset clause to the proposed nonconforming business use." "The City of Lathrop would request that condition"g" END OF USE be modified to add a sunset clause to allow the applicant to continue his business at the current location until such time as the business could be relocated to another site either within the Specific Plan area or another location that Mr. Seus acquires when the Annexation and Specific Plan and any other entitlements have been completed and development is ready to commence which would make the current business inconsistent with the specific plan land use." Response to Appeal Statement 1 The site of the proposed landscaping business is currently located within the unincorporated portion of San Joaquin County in an area with AU-20 zoning. The Nursery Sales and Service; Landscaping Services use type may be conditionally permitted in the AU-20 zone with an approved Site Approval application (the General Plan designation for the property is A/UR). The proposed project is consistent with San Joaquin County Development Title regulations and the General Plan. The Community Development Department recognizes that the AU-20 zone is a holding zone for future urban development and that the zoning may change. As a result, Condition of Approval 1.g. was placed upon the proposed project. This condition states that when the zoning of the property is changed to a zone that does not permit the landscaping business, then the use must be removed from the property. After reviewing the City of Lathrop's request that Condition 1.g. (End of Use) be modified to add a sunset clause, the Community Development Department is recommending that Condition 1.g. be modified as follows, incorporating a five-year sunset clause: g. END OF USE: permit the use, the NuFsery Sales and Sep IiGe imprevemest plan. Within five years from the effective date of a Zone Reclassification that changes the zoning from AU-20 to a zone that does not permit the approved use the approved use shall either be terminated or changed to a use that is consistent with the new zone unless the permit is extended by the granting authority. i San Joaquin County PA-03-399/Seus Community Development Page 3 i