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APPLICATION - APPEAL OF STAFF ACTION State the basis of the appeal. List any findings of fact made by the staff which you feel were wrong and your reasons: 1. The County staff erred in its approval of minor subdivision application MS 96-6 when it did not take into consideration the effects the approval of the project would have on the adjoining property located to the east (Etcheverry Property) . The approval of MS 96-9 provides for the creation of a right-of-way which is to be used by the Minatas and Etcheverry. Sharing the proposed road would significantly impact the Etcheverry Property as it would eliminate the desirability and uniqueness of the property for future development as a stand-alone project. In addition, the proposed road is inconsistent with the future development plans of the Etcheverry Property. At a minimum, the entire width of the future 50' roadway, as depicted on the Traffic Circulation Plan for the Lindly Study Area (1993) , should come from the applicant's property (Minata) , not from the Etcheverry Property. 2 . The County staff further erred in its approval of MS 96-9 when it ignored the potential long term public health effects associated with horses and other large domestic animals on the drinking water system in the area. This poses a significant public health risk to residents in the area. A letter written by George J. Vasconcelos, the U. S. Environmental Protection Agency national expert in environmental microbiology, testifying as to the environmental effects of the project is attached hereto as Exhibit "A" . 3 . The creation of a flag lot creates an undesirable precedent for development in the area. The design and improvement of the proposed subdivision is thus inconsistent with the land use goals and objectives of the General Plan. The project should be re- designed. 4 . Additional mitigation measures should have been imposed on the project to mitigate the impacts on adjoining properties as set forth in 1 - 3 , above. In the alternative, further environmental review should be performed. List any conditions and/or findings being appealed and give reasons why you think it should be modified or removed. See above. 60280-1