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Hearing to consider an appeal of the approval of Temporary Use Permit TUP07-0011 to allow a temporary construction yard for the Shingle Springs Rancheria-U.S. Highway 50 Interchange construction and is limited to two portable offices and associated parking on property consisting of 34.63 acres (APN 319-220-18) located in the Shingle Springs Area (District IV); Appellant: Voices for Rural Living.
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RECOMMENDED ACTION: Planning staff recommends the Board of Supervisors deny the appeal, thereby upholding the action of the Planning Commission to conditionally approve
TUP07-0011, based on the findings and subject to the conditions listed on Attachment 1.
Background: The temporary use permit (TUP) was administratively approved by staff on June 26, 2007. On July 6, 2007, Voices for Rural Living, filed an appeal on the approval of the permit. The appeal stated the TUP segmented CEQA review for the interchange project and that Planning Services had not adequately identified the CEQA determination made for the project. The appeal was heard at the August 9, 2007, Planning Commission meeting and was continued to the September 13, 2007 hearing. The Planning Commission denied the appeal and upheld the approval of TUP07-0011.
Planning Services staff has determined that issuance of a temporary use permit for the proposed construction yard would allow for the use and would be Categorically Exempt from CEQA. The interchange project is a Caltrans project and not subject to County CEQA review. The extent of the County CEQA review for the project is limited to the approval of the temporary use permit which was found to be Categorically Exempt. Section 17.23020 A.2 of the Zoning Ordinance establishes that construction yards and offices are permitted uses within residentially zoned properties. Furthermore, Section 17.22.450 establishes that temporary use permits are considered ministerial permits pursuant to CEQA. Section 15300.1 of the CEQA Guidelines establishe...
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