File #: 18-108    Version: 1 Name:
Type: Action Item Status: Agenda Ready
File created: 2/6/2018 In control: BOARD OF SUPERVISORS
On agenda: 2/27/2018 Final action:
Title: 10:00 A.M. - PUBLIC HEARING - Consideration of Appeal (AB 17-05) of Planning Commission's Denial of Major Use Permit (UP 17-10) and Design Review (DR 17-05) to allow a new Off-site Billboard Sign; project located at 13550 East Highway 20, Clearlake Oaks (APN 006-510-31); Appellant is Richard Kuehn
Sponsors: Community Development
Attachments: 1. Exhibit A vicinity map, 2. Exhibit B staff rept 10.10.17, 3. Exhibit C PC minutes, 4. Exhibit D appeal app, 5. Exhibit D2 statement
Title
Body
MEMO


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 (Kuehn, Files No. UP 17-10 and DR 17-05) to allow the Construction of a new Off-Site Sign (Billboard); Clearlake Oaks, CA. AB 17-05. APN 006-510-31. Supervisor District 3.
EXHIBITS: A. Vicinity Map
B. Planning Commission Staff Report dated October 10, 2017
C. Planning Commission Minutes of October 26, 2017
D. Appeal Application AB 17-05 with support statement

I. BACKGROUND
The appellant is appealing the Planning Commission's October 26, 2017 denial of a Major Use Permit and Design Review (files no. UP 17-10 and DR 17-05) that would have allowed an off-site sign (billboard) at the subject site, 13550 E. Highway 20, Clearlake Oaks. A timely appeal to the Board of Supervisors (AB17-05) 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...

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