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Ernest Giannecchini, one of the property owners in the CSA-15 area, said he has 30 acres of undeveloped commercial land. He said there are 60 to 70 acres of undeveloped commercial land that paid for this sewer capacity. Mr. Giannecchini said he has been paying for the use of this capacity for 20 years. He said that because of the odor problem with the operation of the plant, he has had to shut down his business on several days. He said that the efficiency of the plant is marginal at 70, 000 gallons. The county will not act on any complaint with the capacity until it gets to 120, 000 gallons, and by that time, he will be out of business. He said he paid for the right to use the plant 20 years ago and now he is losing it to this subdivision. REBUTTAL: Mr. Sperry said that Mr. Budiselich complied with county requirements and CSA-15 is owned and operated by the County. He said this is not an annexation request. The issues being brought by the opposition are before the Trial Court. He submitted Order and Judgment No. 246225, also one of the numbered documents (Document No. 1) placed in the application file. He said the treatment plant is operated at about 35% capacity. PUBLIC HEARING CLOSED There was a discussion regarding restrictions on the use of the plant and notification of the Regional Water Quality Control Board. It was stated by Mr. Sperry that if and when there is a request for expansion of the plant, the Regional Water Quality Control Board would be notified at that time. As far as restrictions on the use of the plant, Comm. Rojas said that restrictions were built in at the time of the plant approval. MOTION: Moved, seconded (Jungeblut-Rojas) and carried by a vote of 4-2 to approve the Negative Declaration and approve MS-93-134 based on the Findings given in the staff report and subject to the Conditions of Approval listed in the staff report with the following revisions: Condition No. 1 (c) : A mutual easement for access shall be recorded for Lots 2 . 3 1, 2 and 5, or the existing driveway shall be eliminated. Condition No. 2 (h) : The project shall be served by a public sewer collection and treatment system constructed in confor- mance with the requirements of the San Joaquin County Public Health Services (Environmental Health Division) and the Department of Public Works. No development is allowed on the Designated Remainder until public sewer service is available by an existing public agency and is an1jP;FPd `e *-- 5. Each lot is limited to a maximum allowable effluent discharge of 1, 600 gallons per acre per day (Develop- ment Title Section 9-1105. 2) -4-