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Analysis Background In 1983,. the Board of Supervisors approved Environmental Impact Report No. EIR-82-4 and Zone Reclassification No. ZR-82-4 to rezone this site from AG-160/S-C (Agriculture, 160-acre minimum parcel size/Scenic Corridor) to EA-AP-101S-C (Exclusive.Agriculture/Agricultural Products/Scenic Corridor). On August 11, 1983, the Planning Division approved Development Plan No. DP-8413 for Phase 1 of the olive processing facility. On June 6, 1985, the Planning Division approved Development Plan No. DP-84-13 for the excavation of three 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 Plan 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 adoption of the 2010 General Plan in 1992. On August 19, 1999, the Planning Commission approved Use Permit 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. (Musco Olive) (clo HDR Engineering) applied for a grading permit to excavate a 12-acre pond for storage of processed water. During review of the grading permit, it was determined that the proposed pond would require a Use Permit. On November 28, 2000, Musco Olive appealed that determination to the Planning Commission. Zonin i The olive processing facility comes under the use type"Agricultural Processing,Food Manufacturing,"which may be conditionally permitted with a Use Permit in the AG zones. After a discretionary project is approved in the AG zone, the project area may be expanded up to 10%with only an Improvement Plan pursuant to `Section 9-605.3 of the Development Title(Expansion-of Uses and Structures). The proposed pond expands , the project area by approximately 30 percent. When processing applications for projects that require process storage ponds,the County has reviewed the elopment Department has consistently applied this policy ponds as part of the project. The Community Dev to projects such as quarries,wineries,and cheese processing facilities(e.g., Suprema Cheese). A p peal Statement No.1 In his appeal,the applicant states: As required by Regional Water Quality Control Board, Musco Olive Products is proposing to construct an approximately 12-acre water storage pond to contain reclaimed irrigation water during 100 year return rainfall seasons. Staff finds that the storage pond is an integral part of the cannery operation and therefore requires a Use Permit. Musco Olive wished to appeal this finding based on the following facts: The water storage pond is located in a General Agriculture zone. Such use is specifically allowed in Table 9-605.3 of the Ordinance Code of San Joaquin County. No distinction is made in the ordinance as to the source of the irrigation water. i San Joaquin County UP-99-161Musco Olive Community Development Page 3