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Title:
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9:25 a.m. – PUBLIC HEARING - Consideration of proposed Use Permit Extension (UPX 22-02) for a five year extension for an existing billboard; Categorical Exemption (CE 19-98); Applicant: LAMONICA OUTDOOR ADERTISING; Project location: 131 Soda Bay Road, Lakeport (APN 008-019-69)
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Memorandum
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Item #5
9:25 a.m.
August 25, 2022
STAFF REPORT
TO: Planning Commission
FROM: Mary Darby, Community Development Director
Eric Porter, Associate Planner
DATE: August 25, 2022
RE: LaMonica Outdoor Advertising; Extension of Time for a Billboard to extend Use Permit 95-09 for a period of Five Years
UPX 22-02 and CE 22-38
Supervisor District 4
ATTACHMENTS: 1. Vicinity Map
2. Site Map (aerial photo)
3. Existing Use Permit Conditions
4. Revised Conditions
5. Photos
6. Agency Comments
I. EXECUTIVE SUMMARY
The applicant is requesting approval of an extension to a 1995 Use Permit (UP 95-09) for a billboard. Previous extensions have been granted through files no. UP 05-09, UP 10-12, UP 16-01. The Planning Commission denied the 2010 extension. However, the Board of Supervisors overturned the denial on appeal in 2011 which allowed the continued use of the billboard at its present location.
II. RECOMMENDATION
Staff recommends that the Planning Commission approve the project with the following findings:
A. Adopt Categorical Exemption, Class 1 Existing Facilities (CE 22-38) for Use Permit Extension, UPX 22-02 with the following findings:
1. This time extension is for an existing use permit to allow continued use of an existing billboard for a period of five years beginning on August 25, 2022.
2. This project is consistent with CEQA Categorical Exemption, Class 1, which consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination
3. This project remains consistent with the Lake County General Plan, Lakeport Area Plan and the Lake County Zoning Ordinance.
4. There have been no changes to any applicable regulations which would create new significant environmental impacts.
5. This project is consistent with land uses in the vicinity.
6. This project will not result in any significant adverse environmental impacts.
B. Approve Use Permit Extension of Time (UPX 22-02) for Use Permit, UP 95-10 with the following findings.
1. That there have been no changes to the requirements to establish a billboard in the M1 zoning district between the time of billboard approval and the date of this extension.
2. That there have been no changes to the billboard structure between the original approval date and the date of this extension.
3. That the billboard has been adequately maintained since its construction.
4. That no violation of Chapters 5, 17, 21, 23 or 26 of the Lake County Code currently exists on the property, unless the purpose of the permit is to correct the violation, or the permit relates to a portion of the property which is sufficiently separate and apart from the portion of the property in violation so as not to be affected by the violation from a public health, safety or general welfare basis.
SAMPLE MOTIONS
Categorical Exemption
I move that the Planning Commission find that the Use Permit Extension, UPX 22-02 applied by LaMonica Signs on property located at 131 Soda Bay Road, Lakeport, further described as APN: 008-019-69 is exempt from CEQA because it falls within Categorical Exemption Class 1 (CE 22-38), based on the findings set forth in the Staff Report dated August 25, 2022.
Use Permit Extension
I move that the Planning Commission find that the Use Permit Extension, UPX 22-02 applied by LaMonica Signs on property located at 131 Soda Bay Road, Lakeport, further described as APN: 008-019-69 does meet the requirements of the Lake County Zoning Ordinance and that the Planning Commission has reviewed and considered the Categorical Exemption, CE 22-38 which was adopted for this project and the Use Permit Extension, file number UPX 22-02, be granted and shall extend this use for a period of five years subject to the conditions and with the findings listed in the Staff Report dated August 25, 2022.
NOTE: The applicant or any interested person is reminded that the Zoning Ordinance provides for a seven (7) calendar day appeal period. If there is a disagreement with the Planning Commission, an appeal to the Board of Supervisors may be filed. The appropriate forms and applicable fee must be submitted prior to 5:00 p.m. on or before the seventh calendar day following the Commission's final determination