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P4 '" SAN JOAQUIN COUNTY 1 COMMUNITY DEVELOPMENT DEPARTMENT 1810 E.HAZELTON AVE..STOCKTON,CA 95205-6232 cq<<Fo.a�P PHONE:209/468-3120 Fax:209/4683163 June 28, 1994 Board of Supervisors Courthouse Stockton, CA 95202 Dear Board Members: APPEAL BY ERNEST BEZLEY OF CONDITIONS OF APPROVAL NOS. 1 d. AND 5 a. OF MINOR SUBDIVISION APPLICATION NO. MS-93-105 IT IS RECOMMENDED: That the Board of Supervisors deny the appeal and uphold the Planning Commission's approval of Minor Subdivision No. MS-93-105 with the Conditions of Approval in the Staff Report and deleting Community Development Department Condition 1 a. REASON FOR RECOMMENDATION: The Planning Commission heard this item at its regularly scheduled meeting of May 19, 1994. Monte Seibel, representing the applicant, spoke in favor of the item. No one spoke in opposition. After considering all oral and written testimony,the Commission voted 5-2 to approve the Negative Declaration, and approve Minor Subdivision No. MS-93-105 with the Conditions of Approval contained in the Staff Report and deleting Community Development Department Condition 1 a. On May 31, 1994, Ernest Bezley appealed the following two Conditions of Approval to the Board of Supervisors: 1. Community Development Department d. The following note shall be placed on the Parcel Map and also recorded as a separate instrument: In accordance with Section 9-610.3 of the San Joaquin County Development Title for the creation of homesite parcels, these parcels cannot be further subdivided. 5. State Department of Fish and Game b. A 100 foot buffer is required around the ponds. The setback is to commence from the outside edge of wetland/riparian vegetation or bank/bed, whichever is greater. No waste disposal or vegetable removal shall be permitted within the buffer. The buffer area shall be shown on the Parcel Map.