To: BOARD OF SUPERVISORS
From: Planning and Building Services
Meeting Date: May 7, 2024
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Department Contact: |
Liam Crowley |
Phone: |
707-234-6650 |
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Department Contact: |
Julia Krog |
Phone: |
707-234-6650 |
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Item Type: Noticed Public Hearing |
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Time Allocated for Item: 30 Minutes |
Agenda Title:
title
Noticed Public Hearing - Discussion and Possible Action to Consider an Appeal of the Planning Commission’s Denial of Minor Use Permit and Variance (U_2021-0016/V_2021-0005) to Establish and Operate a Gas Station with Ten (10) Gas Pumps, Two (2) Separate Illuminated Canopies, Twenty-Eight (28) New Parking Spaces, Landscaping, Conversion of Part of an Existing Structure to a Convenience Store, and Concurrent Variance for a Sixty-Five (65) Foot Tall Business Identification Sign, Increase in the Allowable Sign Area, and to Reduce the Front Yard Setback, Located at 9621 and 9601 North State Street, Redwood Valley, APNs: 162-100-58 and 162-100-59 Which May Include Additional Direction to Staff (Continued from March 26, 2024)
(Sponsor: Planning and Building Services)
End
Recommended Action/Motion:
recommendation
Adopt resolution denying the appeal and upholding the Planning Commission’s denial of Minor Use Permit and Variance (U_2021-0016/V_2021-0005) which requested operation of a gas station and related improvements; and authorize Chair to sign same.
End
Previous Board/Board Committee Actions:
In 1987 the Board adopted Division I of Title 20 of the Mendocino County Code through Ordinance No. 3639, including Chapters 20.196 and 20.200 pertaining to Use Permits and Variances, respectively.
Summary of Request:
Minor Use Permit U_2021-0016 and Variance V_2021-0005 (the “Project”) was denied by the Planning Commission on January 4, 2024. See Resolution No. PC_2024-0001 for findings in support of the action.
On January 5, 2024, attorney Brian S. Momsen, on behalf of Faizan Corporation and 898 Main Street LLC, filed an appeal of the Planning Commission’s decision. An appeal hearing was held at the March 26, 2024 Board of Supervisors meeting. At that meeting, the Board tentatively voted to deny the appeal and continued this matter to the May 7, 2024 meeting with direction to Planning & Building Services staff to work with Supervisors Williams and McGourty to document denial of the project based on health, safety, peace, morals, comfort, and general welfare.
Pursuant to direction given at the March 26, 2024 meeting, staff met with Supervisors Williams and McGourty to document denial of the project. Staff has prepared a revised resolution for denial of the project based on detrimental effects on health, safety, peace, morals, comfort, and general welfare that are documented in the record.
The associated memorandum, staff report, action sheet, appeal document, and additional materials are attached for review.
Alternative Action/Motion:
Uphold the Appeal and remand U_2021-0016/V_2021-0005 to the Planning Commission to reconsider the Project, including for purposes of CEQA, or provide direction to staff.
Strategic Plan Priority Designation: A Safe and Healthy County
Supervisorial District: District 1
Vote Requirement: Majority
Supplemental Information Available Online At: <https://www.mendocinocounty.org/government/planning-building-services/public-notices>
Fiscal Details:
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source of funding: N/A |
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current f/y cost: N/A |
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budget clarification: N/A |
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annual recurring cost: N/A |
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budgeted in current f/y (if no, please describe): N/A |
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revenue agreement: N/A |
AGREEMENT/RESOLUTION/ORDINANCE APPROVED BY COUNTY COUNSEL: Yes
CEO Liaison: Steve Dunnicliff, Deputy CEO
CEO Review: Yes
CEO Comments:
FOR COB USE ONLY
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Executed By: Atlas Pearson, Senior Deputy Clerk |
Final Status: Direction Given to Staff; Continued |
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Date: May 7, 2024 |
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