Title
Body
MEMORANDUM
TO: Board of Supervisors
FROM: Robert Massarelli, Community Development Director
Eric Porter, Associate Planner
DATE: February 27, 2018
SUBJECT: Appeal of the Planning Commission's Denial of Major Use Permit and Design Review (Montgomery; Files No. UP 17-06 and DR 17-07) to allow the Construction of a new Off-Site Sign (Billboard); Nice, CA. AB 17-06. APN 004-055-37. Supervisor District 3.
EXHIBITS: A. Vicinity Map
B. Planning Commission Staff Report dated October 11, 2017
C. Planning Commission Minutes of October 26, 2017
D. Appeal Application AB 17-06 with Applicant's Exhibits I - IV
I. BACKGROUND
The appellant is appealing the Planning Commission's October 26, 2017 denial of Major Use Permit, UP 17-06, and Design Review, DR 17-07 for an off-site sign (billboard) at 2325 E. Highway 20, Nice. A timely appeal to the Board of Supervisors (AB17-06) of the Planning Commission's decision was received on November 2, 2017. Staff is recommending that the Board of Supervisors uphold the Planning Commission's denial decision and deny the appeal.
II. ENVIRONMENTAL ANALYSIS
Pursuant to CEQA Section 15270, projects which are disapproved are not subject to CEQA.
III. MAJOR USE PERMIT AND DESIGN REVIEW FINDINGS
There are six required findings for approval of a Major Use Permit and eight required findings for approval of a Design Review Permit. There is some duplicity in these findings, so they are identified by 'UP' and 'DR' to differentiate between them, as follows.
(a) The Review Authority may only approve or conditionally approve a major use permit and / or a design review permit if all of the following findings are made:
Use Permit Finding #1
That the establishment, maintenance, or operation of the use applied for will not under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such propos...
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