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r ' Res nse to Appeal Statement 4 The applicants submitted PA-02-12 to bring the site into compliance with the requirements of San Joaquin County. They have a conditionally permitted Site Approval appfkation for Custom Agricultural Manufacturing. Manufacturing Is not allowed in the AG-40 zone,and any complaints regarding manufacturing should be addressed to the Enforcement Division. The property owner has been working with the Enforcement Division to clasn'up the property and come into compliance so that it is not considered a nuisance by the San Joaquin County Planning Commission. Since being notfied in November�20��t a violation was occurring at the site,Code Enforcement has been working with the property cleanup and installation of the fence on the rwrth side of the property is a result of code enforcement u e "Further objection is made in that the original U76-71 was improperly granted. Development Title Section 9-605.6(h)requires that the use shall only be established where the proposed use or project has direct access to a Collector or higher classification roadway. Kennefrck Road does not carry such a road designation,nor was any finding made to that effect Kennefick Road is inadequate to cavy the type of hicks that are needed to supply use or to transport-the marwfactur9ed equipment There is inadequate study or information on the traiNrc i npact. No use can or should be granted without the correct roadway mess and designation. BMWsejRAD2@A1 n Section"05.6(h)comes from the current Development Tide that became effective in 1992. The ordnance 85o that was in effect in 1976 did not have provisions to regulate the road classification that the farm machinery repair use type had to be located on. The Use Permit-was in compliance with the r+eguigtions in 1976. Annear Statement 6 ! "In addition,the length of tune for the sadslb ton of the conditions is appealed. As the mere expansion of an existing use many of the conditions were req lid under the prior use. This is simply a back door way to avoid code enkwcement to the detriment to the surrounding neighbors. This is an improper use to the Application process. In reality this Application was only started as a means to avoid code enforcement,action which is a misuse of the process noted above. All conditions do not require 18 months to satisfy. Those in which a shorter time would be proper will be noted In the comments to each particular item. Ws.feel that the Conditions can all be satisfied in nine months. In as much there has been active code enforcement corrections ordered since April,2001, many items were noted as problem with a 60 day period to coact. The time frame of 18 months is simply extending already delayed enforcement and compliance on the site. It Is rued that the entire cods en*aroement file on thft address be made available to the Planning Commission and bepart of the record of this appeal so that the complete history of non-compliance can be known and considered as part of the appeal. In particular please note the letter from Bob Zipt,Senior Building Inspector,dated April 17,2001. That letter motes numerous correcove measures needed and responses to corurems which were raised,yet Mile,progress has been made in the;nom. As an vds&V use,two Is no need for 18 months to correct some of the balant vioiatns,such as the Penang.and trash.' No enforoement case has been opened on the property located at 20350 N. Kennefick Road The standard lenof time that is p� for the Conditions of Approval to be met is 18 months. The Community d Development Department has no r�eason'to after ft standard ane frame. Nowhere in the fits kept by enforcement on the property is there reference to problems with a 60-day time frame to connect ills San Joaquin County PA-02-12 e Community Development Pagge 6