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Objections to Conditions of Approval MS-QO-127 Paye 1 . YJe , Tetra Diar.end , Inc . , orject to t'!.e follot.,inc_ conditions places: on our Application No . MS-90-127 . 1 . we believe that ordinance requirements placed on a remaining parcel are discretionary and therefor appealable . Sec . 66424 . 6 State Subdivision Map Act . 2 . We object to the following conditions specified by the Public Works de- partment in Par . le , lf , lg , 1h, and li , and to the fact that no refer- ence is rude to the primary access route for Parcel No . 1 . Our reasons are as follows, : 'e-a ) The access to this remaining parcel , which has already been approved in Application MS-88-85 , consists of a deeded easement , the validity of which has been recognized by the Superior Court of San Joaquin County . Tentative Parcel Map No . 76-89 . Court Order dated February 20, 1986 . b) To ask us to furnish an irrevocable offer to dedicate is illegal since it involves a third party and is something over which we have no jurisdiction. The County , however , does have jurisdiction in matters such as this through its powers of Eminent Domain . c) No provision is made concerning entitlements in Sec. 66424. 6 of the State Subdivision Map Act. if-a ) This is a remaining parcel which is agricultural in nature . There is no need for an all weather crossing at this time or until development takeE place . This was recognized in the conditions placed on Application No . MS-88-85 . Nothing has changed since then. Ig-a ) While we have no objection to doing this , our access to the remaining parcel will be as previously indicated in MS-88-85 and therefor it ks not necessary. lh-a ) This condition is irrelevant and unnecessary as no buildings are involved . This is clearly stated in the Section to which reference is made . li-a ) This condition concerns the same situation as that found in condition of par . if and does not pertain unless development takes place on the remaining parcel . The primary access road to Parcel 1 runs from Liberty Road , starting at a pointl/4 mile west of Sowles , north for 3/8 mile and thence west for 489 . 33 f where it joins Parcel 1 . The 3/8 mile is already under Irrevocable Offer to Dedicate and the same can be done for the 489 . 33 ft . strip if desired . This entire Easement is less than 1/2 mile in length. 3 . We object to the conditions placed in Paragraphs a , b, and c of Application No . MS-90-127 by Public Health Services for the following reasons : a . This is agricultural land . Septic tank disposal problems will not arise unless the owner indicates that he wishes to undertake domestic devel- opment . This condition belongs on a permit which he might be issued at that time, not here . From a practical standpoint , most septic tank dis- posal problems in this area are taken care of by deep, dry wells . This is the time to demonstrate permeability. b. Since this A' Plication does not involve development, wle.y is it nEceF -art, here? c . Same as b above .