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It was a consensus of the Council to receive and file the City Treasurer's report for August 2013, as <br />presented by City Treasurer Aurelio De La Torre. <br />Mayor Zamora reopened Public Comment to accommodate Mr. John Anaya, Sr., who left the <br />Council Chambers before his name was called. <br />Mayor Zamora closed Public Comment and proceeded with Item No. 15. <br />PUBLIC HEARING <br />(1) Appeal — Largo Concrete (previously Item No. 15 on this agenda) <br />TIME AND PLACE FIXED TO CONSIDER AN APPEAL TO THE CITY COUNCIL <br />REGARDING THE PLANNING COMMISSION'S DENIAL OF A CONDITIONAL USE <br />PERMIT (FILE INDEX NO: DAP -001-099, APPLICANT: LARGO CONCRETE) FOR <br />THE OPERATION OF A CONCRETE CONTRACTORS' STORAGE YARD ON AN <br />EXISTING 7.6 -ACRE DEVELOPED SITE IN THE M1/SDA — LIGHT INDUSTRIAL <br />ZONE AND SENSITIVE DEVELOPMENT AREA OVERLAY ZONE. <br />Environmental Determination: Pursuant to the Guidelines for the California Environmental <br />Quality Act (CEQA), the denial of a proposed project is exempt from the requirements of <br />CEQA as per State CEQA Guidelines sections 15061(b)(4) and 15270. <br />Consider: Approve and Adopt RESOLUTION NO. R-79-13. <br />Development Services Director Mark Tomich provided a brief overview of the appeal and <br />summarized the appeal points in a PowerPoint presentation as follows: <br />BACKGROUND <br />• July 23, 2013, Planning Commission (PC) review and considered the CUP for Contractors' <br />Storage Yard. <br />o PC did not accept staff recommendation. <br />o Continued for two weeks to allow staff time to prepare a resolution for denial in order <br />for the PC to proceed with an action on 8/13/2013 PC meeting. <br />• August 13, 2013, the PC denied pursuant to Resolution No. R-15-13. <br />• August 22, 2013, Applicant filed Appeal. <br />APPEAL <br />Appeal Filed Based on Six Areas: <br />1. On 7/23/13, the PC denied CUP & did not provide adequate reasoning to deny the project. <br />Traffic, safety, & utilized the SDA <br />➢ Transcripts prepared — show PC action not accepting Resolution for approval staff to <br />return with new resolution <br />2. City is at risk of a "takings" based on regulatory impacts extended by the courts. <br />➢ Denied based on 18.18.030 D (SDA Overlay Zone) <br />2013 OCTOBER 15 REG CC/SARDA/CUA/CPFA/CHA MEETING - 4 - <br />