Title
HEARING - To consider an appeal received from David Cramer appealing the Planning Commission’s November 10, 2022 approval of Uso Expansion of a Non-conforming Use (Conditional Use Permit CUP20-0014) to allow the existing, unfinished, unpermitted Accessory Dwelling Unit and five (5) additional existing unpermitted residential accessory structures in the Open Space zone district, on property identified as Assessor’s Parcel Number 072-030-014, consisting of 10.54-acre, in the Cool area, submitted by Londres Uso; and staff recommending the Board of Supervisors take the following actions:
1) Find Conditional Use Permit CUP20-0014 Categorically Exempt from the California Environmental Quality Act pursuant to Section 15303 (New Construction or Conversion of Small Structures); and
2) Deny appeal CUP-A22-0001 and uphold the Planning Commission's Approval for Conditional Use Permit CUP20-0014/ Uso Non-conforming Use based on the Findings (Attachment G) and subject to the Conditions of Approval (Attachment H) as presented.
(Supervisorial District 4)
FUNDING: Privately-funded appeal for applicant-funded project
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DISCUSSION / BACKGROUND
Request to consider an appeal request received from David Cramer (Attachment A), appealing the Planning Commission’s November 10, 2022 approval of Conditional Use Permit CUP20-0014 /Uso Non-Conforming Use. Timely filed on November 23, 2022, Appeal CUP-A22-0001 is a request submitted by David Cramer appealing the Planning Commission’s approval of CUP20-0014 /Uso Non-Conforming Use to allow the existing, unfinished, unpermitted Accessory Dwelling Unit (ADU) and five (5) additional existing unpermitted residential accessory structures in the Open Space (OS) zone district, on the north side of Big Chief Trail approximately 300 feet north of the intersection with Wild Cat Court in the Cool area, Supervisorial District 4.
The Planning Commission unanimously approved CUP20-0014/Uso Non-Conforming Use, thereby approving the project CUP20-0014 during the November 10, 2022 hearing (Legistar 22-1977, Agenda Item 5).
Staff’s response to the appeal and conclusions are detailed in a Staff Memo attached as Attachment B
ALTERNATIVES
1. Deny the appeal by David Cramer (CUP-A22-0001) and approve Conditional Use Permit CUP20-0014, as modified by the Board of Supervisors, and find the modified project to be exempt from California Environmental Quality Act (CEQA) pursuant to Section 15303 of the CEQA Guidelines (New Construction or Conversion of Small Structures); or
2. Approve the appeal by David Cramer (CUP-A22-0001), thereby denying Conditional Use Permit CUP20-0014 and provide staff with Findings for denial of Conditional Use Permit CUP20-0014.
OTHER DEPARTMENT/AGENCY INVOLVEMENT
Code Enforcement
FINANCIAL IMPACT
An appeal fee of $239 has been received for this request; however staff costs associated with the appeal will exceed the fee collected.
CLERK OF THE BOARD FOLLOW UP ACTIONS
N/A
STRATEGIC PLAN COMPONENT
Good Governance. The project aligns with the Good Governance goals of the County’s Strategic to evaluate requests and recommendations based on complete assessment of the best available information, with the goal of reaching well informed decisions
CONTACT
Rob Peters, Deputy Director of Planning
Planning and Building Department