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E <br /> Analysis <br /> Background <br /> Development of properties designated OS/RC (Open Space Resource Conservation) in the General Pian <br /> h requires a Site Approval application (Development Title Section 9-605.60]). All three (3) project parcels are <br /> designated OS/RC in the General Plan. <br /> On September 12, 2002, the Community Development Department approved Site Approval No. PA-02-306. <br /> On September 23, 2002, RMC Pacific Materials, Inc., and DSS Company appealed the Community <br /> Development Department's approval of PA-02-306. <br /> Appeal by DSS Company <br /> The following are the appeal statements submitted by Jose L. Alva on behalf of DSS Company: <br /> Appeal Statement No.I.- <br /> "Staff's <br /> :"Staff's approval of the application is inconsistent with the General Plan." <br /> Response to Appeal Statement No. 1: <br /> General Plan: Open Space Policy No. 3 states: Development may be permitted in Resources Conservation <br /> i Areas only if the proposed use will not have significant negative impacts on the continued existence or use <br /> of the resource. (General Plan Volume III, VI. Resources, A. Open Space, pp. VI-2). <br /> The construction of three (3) single-family residences and one (1) second unit dwelling will not have any <br /> significant negative impacts on continued existence or use of the resource. The site is narrow and is only <br /> 19 acres in size. Its size and shape make it unlikely that excavation would occur on this site. <br /> Appeal Statement No.2: <br /> "The proposed negative declaration the inherent conflicts associated with the neighboring existing <br /> quarry operations and the effects of new residences on the quarry." <br /> Response to Appeal Statement No. 2: <br /> The Initial Study did not identify any significant project related impacts, and as a result, a Negative <br /> Declaration was adopted. <br /> Appeal by RMC Pacific Materials, Inc. <br /> Summary of Appeal Statements: <br /> The appeal statements submitted by the second appellant address two main issues. The first issue is the <br /> loss of land designated as significant mineral resource areas. The second issue is the incompatibility of <br /> residential uses and existing or proposed quarries. The Initial Study prepared for the project determined <br /> that the construction of four residences would result in a less than significant impact on 19 acres of land <br /> designated as significant mineral resource areas and would not prohibit existing or potential quarries from <br /> excavating surrounding sites and extracting resources. Upon review of all agency responses, it was <br /> determined that approval of the project would comply with General Plan policies. <br /> San Joaquin County PA-02-3061Towers <br /> Community Development Page 3 <br />