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Hearing to consider an appeal of the approval of Site Plan Review SPR07-0019 for a finding of consistency with General Plan Policy 7.4.2.9 for the residential development of property located within an Important Biological Corridor (IBC) Overlay General Plan land use designation in accordance with the Interim Interpretive Guidelines for Policy 7.4.4.4 (Option A) on property consisting of 10 acres (APN 102-060-35) located in the Rescue area; Appellant: Lillian Young (District 4)
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RECOMMENDED ACTION: Planning staff recommends the Board deny the appeal, thereby upholding the action of the Planning Commission to approve Site Plan Review SPR07-0019, based on the discussion in the memorandum dated July 18, 2007 (Attachment 1), and based on the finding listed in the Minutes of August 9, 2007 (Attachment 2).
Background: Lillian Young, property owner of a parcel to the north of the subject parcel, is appealing the Planning Commission's approval on August 9, 2007, of the subject site plan review which found that the proposed residential development and oak tree planting and maintenance plan is consistent with the intent of General Plan Policy 7.4.2.9. The appellant requested that her email communication letter dated August 22, 2007 (Attachment 4), be considered her appeal and protest. That letter was also the one presented to the Planning Commissioners prior to the hearing on August 9, minus the reference to the appeal. Ms. Young stated concerns about the locations of the access driveways, spot widening of Old Neumann Road, and branch pruning on oak trees within the road and public utility easement.
The site plan review project was considered and unanimously approved as an item on the Consent Calendar by the Planning Commission on August 9, 2007. The appellant sent a letter opposing the project, and a copy was given to each Planning Commissioner for review prior to the hearing. The appellant was not present at the hearing. The issues raised in that letter (Attachment 4) refer to the previous approval of P06-0004 which was approved by the Zoning Administrator on November 1, 2006, and was finaled as PM49-130 on June 28, 2007, by the County Surveyor's Office. The appeal letter does not address consistency with Policy 7.4.2.9. which refers to a project's compliance with the intent of the Important Biological Corridor overlay designation given to that parcel by the approval of the 2004 General Plan. Therefore, there is no basis to grant an appeal of SPR07-0019.
The issues of the branches on the trees in the access road, driveway encroachments onto Old Neumann Road and proof of legal access were addressed to the satisfaction of the concerned agencies that conditioned P06-0004 creating the two current parcels. The branches pruned back within the 50-foot wide non-exclusive easement were part of a Wildfire Fire Safe Plan dated June 2006 and approved by the Rescue Fire Protection District and California Division of Forestry and are exempt from County tree protection policies.
ATTACHMENTS
Attachment 1 - Memorandum to the Planning Commission, two pages, dated July 18, 2007
Attachment 2 - Memorandum to the Planning Commission, one page, dated August 9, 2007
Attachment 3 - Minutes from Planning Commission hearing on August 9, 2007
Attachment 4 - Email letter to Planning Services dated August 22, 2007 requesting that be her appeal letter, two pages
Attachment 5 - Additional letter from Lillian Young dated August 22, 2007, received by Planning Services with appeal fee on August 27, 2007, two pages
Attachment 6 - Vicinity map
Attachment 7 - Assessor's Parcel maps for both parcels, two pages
Attachment 8 - Previous PM37-35 for Lungren's parcel
Attachment 9 - PM 21-72 for the appellant's parcel
Attachment 10 - PM 49-130 and 130A, Lungren's current parcel map, two pages
Contact: Gregory L. Fuz (5445)/Lawrence W. Appel (7698)/Tom Dougherty (5875)