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e SAN JOAQUIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 1810 E.HA2ELTON AVE..STOCKTON,CA 952056232 DEVELOPMENT SERVICES PHONE:(2091468-3120 p PLANNING PHONE:(209)4683120 April 28, 19938&BUILDING PHONE.(209)43123 NEIGHBORHOOD PRESERVATION PHONE:(209146&3021 Board of Supervisors APR 291993 Courthouse ENViivlvrVI..MAL HEALTH Stockton, CA 95202 PERMIT/SERVICES Dear Board Members: APPEAL BY JOE L. HARDESTY (C/O B. DEMAR HOOPER) OF CONDITIONS 1(I), 4(a), AND 4(b) OF THE PLANNING COMMISSION APPROVAL OF SITE APPROVAL APPLICA- TION NO. SA-92-41 (DISTRICT 4) IT IS RECOMMENDED: That the Board of Supervisors uphold the Planning Commission's action and deny the appeal of conditions of approval 1.(1), 4.(a), and 4(b) of Site Approval application no. SA-92-41. REASON FOR RECOMMENDATION On March 18, 1993, the Development Services Division approved Site Approval No. SA-92-41. On February 1, 1993, B. Demar Hooper of Hackard and Taylor, representing Joe Hardesty, filed an appeal to the Planning Commission of Development Services conditions 1(c) and 1(1) and Department of Fish and Game conditions 4(a) and 4(b). The Commission heard this appeal at its regularly scheduled meeting of April 1, 1993, Attorney Demar Hooper (Sacramento) and Joe Hardesty spoke in favor of the appeal. Attorney William Porter(Sacramento), Jerry Mensch, representing the State Department of Fish and Game (Rancho Cordova), Fish and Game Warden John Stark, Waldo Holt, Conservation Chair for the San Joaquin Audubon Society, and Laura Bohlender (Galt), spoke in opposition of the appeal. After considering all oral and written testimony, the Commission voted 7-0 to deny the appeal. On April 12, 1993, B. Demar Hooper appealed the Planning Commission's action regarding conditions 1.(I), 4.(a), and 4(b) to the Board of Supervisors. Appeal Statement No 1 (Condition 1.1): No soil shall be removed from the site. Mr. Hardesty's property is 50 acres in size. The topography and current and proposed uses of this property make stockpiling of soil impossible. Stockpiling of soil could in fact result in creating adverse impacts to the property, existing wildlife habitat and natural resources, in addition to the surrounding properties.' Response: The improvement plans will be reviewed by staff to ensure adequate storm drainage and oak tree protection. Fish and Game conditions will require a mitigation plan for the loss of Swainson's hawk foraging habitat. Fish and Game has indicated that there may be up to 1/8 of an acre of wetlands on the area that is to be used for stockpiling. Fish and Game has also indicated that the applicant may have to avoid this 1/8 acre area or mitigate for the loss of wetlands. Successful fish ponds are usually six to eight feet deep due to the difficulty in harvesting from deeper ponds. The applicant could excavate much shallower ponds. Fish and Game noted that the depth and shape of the proposed ponds will make it difficult to harvest the fish. Also, without protection, the debris from annual flooding will eventually interfere with the success of the aquaculture operation. Levees around the ponds or levees to protect the site from annual flooding may be created only 'if the site is not