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Res p6nse to Appeal Statement No.9 Table 9-605.3 (Accessory Uses&Structures in Agricultural Zones) indicates that a water storage facility { is a permitted accessory use in the AG zone. The Development Title does not define water storage facility. If the proposed pond did not involve expansion of the project area, the pond would be permitted with an approved grading permit. The proposed process water storage pond is pan integral part of the olive processing facility. The pond, therefore, must meet the requirements for the use type"Agricultural Processing, Food Manufacturing." Any expansion of the project area over 10 percent requires a new Use Permit. Appeal Statement No.2 r In his appeal, the applicant states: Environmental Impact Report No. EIR-82-42-82-45, page 1, discussed the pian to construct 60 acres of ponds and to irrigate 40 acres of land with reclaimed process water. Only 8.9 acres of ponds have been constructed. This project is within the scope of the original EIR. Response to Appeal Statement No.2 Whether or not the proposed pond is within the scope of the EIR is not relevant as to whether or not a Use Permit is required. However, it should be noted that the Board of Supervisors adopted the following measure to mitigate for impacts to rare or endangered species: The areas with the greatest potential for kit fox activity and a buffer zone will not be rezoned. A portion of the area proposed for the pond was not part of the approved rezone in 1982 because of its identified potential for kit fox activity:. Appeal Statement No.3 In his appeal, the applicant states: On May 16, 1996, the Regional Water Quality Control Board sent to the San Joaquin County Planning Department a Notice of Intent to issue a Negative Declaration for the land application of wastewater to 200 acres of on-site property, finding that the overall impact of the project will be beneficial in that it will provide an alternative discharge for wastewater. This project serves to correct an engineering deficiency in water storage facilities from that land application expansion. The Community Development Department allowed 200 acres of piping to be installed for the purpose of distributing the same reclaimed irrigation water to be placed in the storage facility. It is not logical at this point to decide that to set aside 12 acres of the 200 for water storage will create an impact that warrants a Use Permit Development Department staff finds that the storage pond is an integral part of the cannery operation and therefore requires a Use Permit. If structures used for the reclamation of process water are considered an integral part of the cannery operation, then all such structures, including the process water distribution system, must be considered as such. 200 acres of distribution system were permitted by the County and RWQCB in 1996, with RWQCB acting as the lead agency.�The proposed 12-acre irrigation pond is less than 10 percent of-that permitted project. Additionally, the pond is located within the 200-acre area and as such is an insignificant alteration to the permitted project. San Joaquin County UP-99-161Musco Olive Community Development Page 4