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Analysis - Background In 1983, the Board of Supervisors approved Environmental Impact Report No. ER-82-4 and Zone E Reclassification No. ZR-82-4 to rezone this site from AG-160/S-C (Agriculture, 160-acre minimum parcel E size/Scenic Corridor) to EA-AP-10/S-C (Exclusive Agriculture/Agricultural Products/Scenic Corridor). On August 11, 1983, the Planning Division approved Development Plan No. DP-84-13 for phase one of the olive processing facility. On June 6, 1985,the Planning Division approved Development Plan No. DP-85-84 for the excavation of 3 lined evaporation ponds on 14.6 acres. Only two of the three ponds were built Pond A is 4.7 acres in size, and pond B is 6.5 acres in size. In 1987, the EA-AP-10 zone was replaced by the AG-20 zone. On March 9, 1989,the Planning Division approved Development Pian No. DP-90-1 to add 10,000 square feet of office and olive processing buildings. The zone was changed to the current AG-160 zone with the adoption of the 2010 General Plan in 1992. On August 19, 1999, the Planning Commission approved Use Permit No. UP-99-16 to expand the facility with 117,600 square feet of warehouse, 8,500 square feet of office building,and additional parking. On October 18, 2000, Musco Olive Products, Inc. (c/o HDR Engineering) applied for a grading permit to excavate a 12-acre pond for storage of processed water. During review of the grading permit, the Community Development Department determined that the proposed pond would require a Use Permit because the pond is an integral part of the olive processing facility and requires expansion of the project area by more than 10 percent. On November 28, 2000, Musco Olive appealed that determination to the Planning Commission. On December 21, 2000,the Planning Commission denied the appeal. Zoning The olive processing facility comes under the use type of Agricultural Processing, Food Manufacturing, which may be conditionally permitted with an approved Use Permit in the AG zones. E Odors One neighbor wrote a letter expressing his concerns regarding odors. The Environmental Health Division k recommends that written approval from the Regional Water Quality Control Board (RWQCB) be obtained before the issuance of grading permits. Review and approval by the RWQCB will ensure that the odors generated by the proposed pond will be less than significant. Biological Resources The project is located in an area considered to be potential habitat for the San Joaquin Kit Fox and the Burrowing Owl. The Department of Fish and Game recommends that pre-construction surveys be performed to ensure that the grading will not result in a take of Kit Fox or Burrowing Owls. The Department of Fish and Game also recommends that an endangered species compliance program be developed and implemented for project employees and contractors. Similar conditions apply to the nearby Patterson Pass f Business Park and have been successfully implemented on that site for several years. The U. S. Fish and j Wildlife Service recommends that the applicant consult with the California Department of Fish and Game and the U.S.Fish and Wildlife Service on the impacts to special status species(e.g. Kit Fox and Burrowing Owls). i San Joaquin County UP-00-241Studley Company q Page 3 Community Development