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2 <br /> Appeal of Staff Action from Bili and Ruth Brown a Mueller,Aasocia#e Planner) <br /> Attachment to Application-Appeal of Staff Action{Leann <br /> Planning Application PA-02-12 of Daniel Kills-Approved Februray 21.2002 <br /> N.Kennifidc,Acampo,Ca.95220 <br /> Apn:017-140-42;20350 <br /> Books and records shout be opened for review and inspection of the entitites doing <br /> business on the premises to confirm"that the use has ban for farm equipment repair only. <br /> It le believed and alleged that there is no repair on the premises, just manufacturing. <br /> This change and process is not to expand a current u , i# is a ruse to continue a non- <br /> se <br /> conforming use: manfacturing in an agricultural zone.The county has failed to correct the <br /> viloatioes tinder the prior Use Permit 76-719 and-are approving this expansion to avoid <br /> future enforcement action. This is wrong,and does an injustice to the entire concept of <br /> zoning. <br /> In general.this Approval is objected to on the further grounds that the current use has <br /> been in violation of the conditions and`zoning,and the County has refused to enforce the <br /> coda. The appli ants havebeen a geSerarl maaufactar+er, without limits. Equity is not <br /> servo im EXpANDING use for persons who'have not been in complaince with the prior <br /> nage, The.granting of this Application wi8'increase the problems and violations. The <br /> Appwnts have a clear history of nen-compgzuce. The operation is currently in violation <br /> of sewing, and no ezpaasian should. be allowed. until the prior U76-71 conditions are <br /> row. To allow this Application would encoorgse tt#nnad.vialation of conditions <br /> and codes as these Applicants now know the County Code Enfrocement will do nothing, <br /> has dope nothing. Whowill police these known violators? Call, letter writing, and <br /> problem for tk* three years. How will there <br /> gantings.have done nothing to correct p l? <br /> be any""mace se that the awill be Agricultml related custon.manufacturing, and not <br /> general full blown manufacturing as is currently occurring? The known issues and <br /> p <br /> roblems are not addressed in any condition, and regrettably the County has choos theoto <br /> Ignore complaints regardi nuisance asr defined by the San Joaquinhistory of zoning violations onthe CountyertyPlanning <br /> property and use is a n <br /> Commission. <br /> Farther objection h made in that the original U76-71 was improperly granted. <br /> Development Title Section 9-605.6 (b) requires that the nee stied only be estbliahed where <br /> the proposed >tse m" ification <br /> project has direct:access to Collector or nhwas aer wn finding <br /> rasidway. Kenneilek Road does not carry such a roaddeognation, y <br /> made to that effect. Kenner Road'`is beaeluate to Carry <br /> the .type of trucks that are <br /> needed to supply this use or to transport the maoesfictared equip®ent. There is <br /> Inadequate study or information on the traffic impact. No use can or should be granted <br /> wrlehaut the correct roadway sari and designation. <br /> In addition,the,length of time for the satisfaction of conditions is appealed. As the mere <br /> expansion of an'existing use many of The conditionswere rignired/mandated under the <br /> prior me. This is simply a bak.door way to avto <br /> oid code enforcement <br /> theme detrimentL Is y <br /> the surrounding neighbors. This is an #mproper us'e of the Application p <br /> this Application was only started as a means.to Avold a enforcement action,which is a <br /> mase of the process as noted above. All condit#aus do not require 18 months to satisfy. <br /> Those In which a shorter time would be proper WI be noted in the comments to each <br /> particular item. We feel that the Conditions can all be sathified in nine months. In as <br /> much as there has been active code enforcement corrections ordered since April,e frame of018 <br /> many items were noted as problems with a 60 day period to correct. <br /> r <br />