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Recommendations Action It is recommended that the Planning Commission: 1. Certify the project's Final Environmental Impact Report (EIR) No PA-0900114 as adequate under the provisions of Section 15090 of the California Environmental Quality Act (CEQA) (Attachment A) 2. Deny Revisions of Approved Actions Quarry Excavation Application No. QX-89-0002 based on the inability to make Finding No.1 and Finding No. 3 in the affirmative: Findings (Revisions of Approved Actions only) 1. The proposal is for the removal of regionally significant or scarce deposits of mineral resources and not for the removal of prime farmland. • This Finding cannot be made because the proposed Revisions request is not for an asphalt batch plant incidental to a quarry excavation operation or for the removal of regionally significant or scarce deposits.The primary source material and mineral resources for processing at this site comes from other mining pits and not directly from the existing operation. As a result of this the site has significantly increased its production and principally operates as an intensive manufacturing facility for off-site aggregate materials. Additionally,the conditions set forth in the current permitted operation limit accessory uses and operations,and accessory uses are subordinate to the main use of the land. The operation of an asphalt batch plant as an independent use is not a conditionally permitted use in the AG-40 zone (General Agriculture,40- acre minimum) 2. The proposed reclamation of the property upon completion of the excavation will leave the property in a condition which will allow its reuse. • This Finding can be made because the rehabilitation plan approved for this quarry excavation will return the site to agriculture. 3. Issuance of the permit shall not be significantly detrimental to the public health, safety, or welfare or be Injurious to the property or improvements in the vicinity. • This Finding cannot be made because potentially detrimental health or safety impacts were identified that would be injurious to the properties and improvements in the vicinity. Potentially significant impacts identified determined that noise levels from the nighttime haul truck operations for the proposed revisions request exceed the maximum allowable noise exposure limit of 65 dB Ld,,.(Development Title Section 9-1025.9) Also, potentially significant impacts from odorous emissions could be generated from the asphalt batch plant during the proposed Revisions request(extended nighttime operation) and it cannot be demonstrated that all odor impacts to receptors within a one mile radius would be reduced to the point where no complaints would be received. Additionally,the Legislature has declared its intent that CEQA shall regulate such activities so that major consideration is given to preventing environmental damage,while providing a decent home and satisfying living environment for every Californian. (Public Resources Code, Division 13, Section 21000(8)) San Joaquin County QX-89-0002/Aggregates Inc. Community Development Page 8