(1)AR 030607 Appeal - Pacific Tank Lines

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File Index Number BOP -116-080 January 23, 2007 Page 2 of 2 28, 2006 and a letter was sent to notify the applicant in writing on December 7, 2007. The applicant faxed a letter for appeal of staffs decision on December 11, 2006, and on January 8, 2007, submitted an application for appeal and the 75% of original application fee. ANALYSIS/DISCUSSION: The General Plan designation of the project site is Light Industrial with a Zoning classification of M-1 (Light Industrial). The auto repair proposal would meet the intent and purposes of the General Plan and zoning classifications however, the proposed project site is located within the La Loma Hills / Pellisier Ranch area moratorium which was established by the City Council through Ordinance No. 0-17-06 on December 2, 2006. This moratorium prohibits the City from issuing any permits for new land uses, buildings and building/use expansions on all properties located within the boundaries of the moratorium. The moratorium will expire on October 17, 2007, unless further extended by the City Council. The purpose of the moratorium is to give the City and its land use consultants time to prepare land use and environmental studies that will analyze different land use and development options for the La Loma Hills/Pellisier Ranch area. It is anticipated that a specific plan will be developed to guide future development of this area. As stated previously, the property has been vacant for over a year, thus staff would interpret the proposed auto repair business as a new use on site. Therefore, it is staff's opinion that the proposed project would be in direct conflict with the current moratorium limitations. COMPATIBILITY TO SURROUNDING USES The project site is located in an industrial neighborhood composed of independent industrial uses and auto storage yards. Although the use is permitted by right within the M-1 zoning and would be appropriate in relation to existing neighboring uses, the adoption of the moratorium prevents the approval of new land uses which may be incompatible with the later -enacted land use regulations contained in a future specific plan document. Therefore, it is staff's opinion that the land use approval would be inappropriate at this time. FINDINGS: 1. The proposed project is consistent with the intent and guidelines of the General Plan however it is in conflict with the La Loma Hills / Pellisier Ranch area moratorium established by the City Council through Ordinance No. 0-17-06. 2. The proposed project is consistent with the intent and guidelines of the Zoning Ordinance however it is in conflict with the La Loma Hills / Pellisier Ranch area moratorium established by the City Council through Ordinance No. 0-17-06. 3. The proposed project is compatible with the existing surrounding uses however it is in conflict with the La Loma Hills / Pellisier Ranch area moratorium established by the City Council through Ordinance No. 0-17- 06. RECOMMENDATION: Staff recommends that the Planning Commission uphold Staffs denial of Business Occupancy Permit (BOP) Application #116-080, to establish a new use within the La Loma Hills / Pellisier Ranch area moratorium per Ordinance No. 0-17-06. (SW 01/23/07)