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Analysis Background On August 23, 2001, the Community Development Department approved Site Approval Application No. SA- 01-52 for the construction of a 15,609-square-foot milk parlor, a 20,878-square-foot freestall barn, and a settling pond in two phases. On August 31, 2001, Mike Hakeem, representing Mr. and Mrs. Coldani, submitted an Appeal of Staff Action application to the Community Development Department appealing the approval of SA-01-52. Mr. Hakeem's Appeal "The Conditions of Approval do not include any recognition of or mitigation for the issues raised in our letter of 8-8-01." The letter dated August 8, 2001, raised three issues. Appeal Statement 1 "As reflected on the attached Exhibit A, the Coldani family owns the property reflected in yellow which includes fee title to that certain 40 foot strip of land, including the existing ditch, and which extends westerly from the Coldani property to Thornton Road. We have observed the applicant installing pipe in the ditch without our knowledge and/or acquiescence. This is problematic from a legal perspective as well as the practical reality that our fee ownership bifurcates the applicant's property. This has the practical effect of precluding the applicant from crossing over our property to either move animals or discharge effluent." Response to Appeal Statement 1 The proposed additions to the dairy do not cross the property lines of parcel 055-130-01. The improvements are confined to that parcel and meet required setbacks. The Community Development Department has not received a deed confirming the location of the fee strip; however, from graphics provided by Mr. Hakeem, it appears that the fee strip does not affect the proposed additions to the dairy. The Community Development Department considers the matter regarding the fee strip to be a civil issue. Please see the attached letter from Environmental Health for additional information. Appeal Statement 2 "The Manure Management Plan will be required to recognize the separation of the property concerning the requirement(s)for either dry or liquid manure management." Response to Appeal Statement 2 A Manure Management Plan has been submitted to the Environmental Health Division, and they are reviewing the plan. In addition, the Environmental Health Division is recommending in the Conditions of Approval that the applicant contact the Central Valley Regional Water Quality Control Board (CVRWQCB) regarding filing a Waste Management Report to be approved by the CVRWQCB. San Joaquin County SA-01-52/Lima Ranch Community Development Page 3