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Planning Services Division submitting revised findings for denial of the appeal of Special Use Permit 06-0133 and reverse the Planning Commission's decision, as directed by the Board of Supervisors on January 30, 2007, Item 36, pertaining to the appeal of a legal non-conforming use determination submitted by Gene Long for property identified as APN 009-140-19 consisting of 4.19 acres in the Pacific House area. (Supervisorial District II)
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RECOMMENDED ACTION: Planning Services staff recommends the Board deny the appeal, thereby upholding the action of the Planning Commission on December 14, 2006, to conditionally approve the legal non-conforming use for the Pacific House Automotive Repair Service subject to the conditions as modified below.
Background: On December 14, 2006, the Planning Commission determined the existing auto repair facility to be a legal, non-conforming use and imposed the following conditions for the property owner to comply with in order to retain legal non-conforming status for the automotive repair facility:
1. Find that the automotive repair facility is a legal non-conforming use based on the testimony and exhibits provided by the property owner and letters submitted by nearby property owners and that the lift is part of the non-conforming use.
2. Require the owner to submit a complete site plan review application and pay all applicable fees within 60 days of this hearing.
3. Site plan shall note location of all automotive operations i.e. bays, storage, trash enclosures, offices, parking, and locations of residential buildings and all other structures on the site.
4. Require property owner to correct all building code violations items listed on the Notice to Correct dated March 17, 2006, items listed on the Notice to Correct dated March 17, 2006, within a timeframe consistent with Code enforcement procedures and policies.
5. Require removal of junk cars and buses within a timeframe that is consistent with the polic...
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