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APPEAL OF PLANNING COMMISSION ACTION <br /> DENYING APPEAL OF CERTAIN CONDITIONS OF APPROVAL <br /> ON <br /> SITE APPROVAL APPLICATION NO. SA-92-0041 <br /> MR.JOE HARDESTY <br /> 27751 N. KENNEFICK RD., GALT (APN 005-220-06) <br /> A. Basis of Appeal. <br /> Under San Joaquin County Code Section 9-2140, the review authority <br /> may require "conditions of approval greater than the normal standards in <br /> order to eliminate or minimize to an acceptable level any potentially adverse <br /> effects" of the use proposed in this site approval application. Planning Staff <br /> approved Mr. Hardesty's site approval application on January 20, 1993. It <br /> imposed conditions of approval including the following three conditions: <br /> Development Services Division, Condition L. <br /> California State Department of Fish and Game, Conditions A and B. <br /> Staff failed to identify adverse impacts justifying imposition of these <br /> conditions. On April 1, 1993, we appealed these conditions of approval to the <br /> Planning Commission. The Planning Commission denied the appeal and <br /> upheld these conditions of approval. The Planning Commission did not <br /> identify the required nexus between the conditions and the potentially <br /> adverse impacts that these conditions are to address. Without such a finding, <br /> the Planning Commission abused its discretion in upholding these <br /> conditions of approval and denying our appeal. <br /> We have explained in detail our reasons for appealing these conditions <br /> below. <br /> B. Appealed Conditions and Reasons <br /> Development Services Division <br /> Condition (1). No soil shall be removed from the site. <br /> Mr. Hardesty's property is 50 acres in size. The topography and current <br /> and proposed uses of this property make stock piling of soil impossible. Stock <br /> piling of soil could in fact result in creating adverse impacts to the property, <br /> the existing wildlife habitat and natural resources, in addition to the <br /> surrounding properties. <br /> -2- <br /> File No. SA-92-0041/Hardesty 4/12/93 <br />