Title
HEARING - To consider separate requests by the Divide Preservation Society and Cool Pilot Hill Advisory Committee appealing the Planning Commission’s May 28, 2020 approval of Design Review DR19-0006/Cool General Retail to allow the construction of a 9,100 square foot commercial retail building and associated driveway, parking lot, utilities, signage, and landscaping improvements. The property, identified by Assessor’s Parcel Number 071-500-037, consisting of 1.69 acres, is located on the east side of California State Highway 49, south of the intersection with Northside Drive, in the Cool Rural Center; and staff recommending the Board take the following actions:
1) Adopt the Mitigated Negative Declaration based on the Initial Study prepared by staff;
2) Adopt the Mitigation Monitoring Reporting Program in accordance with the California Environmental Quality Act Guidelines Section 15074(d), incorporated as Conditions of Approval; and
3) Deny the appeals, thereby upholding the Planning Commission's May 28, 2020, approval of Design Review DR19-0006/Cool General Retail based on the Findings (Attachment C) and subject to the Conditions of Approval (Attachment D). (Supervisorial District 4)
FUNDING: Privately-funded appeal for Developer-funded project.
Body
DISCUSSION / BACKGROUND
This is to consider requests by the Divide Preservation Society and Cool Pilot Hill Advisory Committee appealing the Planning Commission’s May 28, 2020 approval of Design Review DR19-0006/Cool General Retail to allow the construction of a 9,100 square foot commercial retail building and associated driveway, parking lot, utilities, signage, and landscaping improvements. The property, identified by Assessor’s Parcel Number 071-500-037, consisting of 1.69 acres, is located on the east side of California State Highway 49, south of the intersection with Northside Drive, in the Cool Rural Center, Supervisorial District 4.
An Initial Study and Mitigated Negative Declaration was prepared by staff, along with a Mitigation Monitoring Reporting Program in accordance with the California Environmental Quality Act Guidelines Section 15074(d), incorporated as Conditions of Approval.
The Planning Commission held a public hearing on May 28, 2020 and unanimously (4-0 vote) approved the project. The appellants formally filed the appeals on June 10, 2020, within 10 working days after the approval of the project. The Zoning Ordinance provides that the appeal of a Planning Commission decision be decided at a public hearing before the Board of Supervisors.
Appeals
The appeals (Attachments A and B) assert that the project violates the requirements of the California Environmental Quality Act (CEQA) and the El Dorado County General Plan. Response to the submitted appeals is provided in the attached memorandum from the Planning and Building Department and Department of Transportation.
Conclusion: The Planning and Building Department recommends that the appeals be denied thereby upholding the action taken by the Planning Commission on May 28, 2020.
ALTERNATIVES
The Board may elect one of the following alternatives:
1) Remand the project to the Planning Commission for further consideration of the basis of appeal requests; or
2) Uphold the appeals, thereby reversing the action taken by the Planning Commission on May 28, 2020, resulting in the denial of Design Review Permit DR19-0006 Cool General Retail. A grant of the appeals and denial of the application should be continued to a date certain public hearing so that staff can prepare written Findings of Denial.
OTHER DEPARTMENT / AGENCY INVOLVEMENT
County Counsel / Department of Transportation
FINANCIAL IMPACT
There is no net County cost associated with this item. Privately-funded appeal for Developer-funded project.
CLERK OF THE BOARD FOLLOW UP ACTIONS
N/A
STRATEGIC PLAN COMPONENT
Good Governance and Economic Development. The project aligns with the Economic Development goals of the County's Strategic Plan, as it would develop business that would help provide job creation, and supports Good Governance goals by providing property tax from proposed improvements and sales tax revenues from retail activities.
CONTACT
Tiffany Schmid, Director
Planning and Building Department