3B Public Hearing 2007 0507 - Laserfiche WebLink

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Appeal of the Planning Commission Denial PLN2006-00049 4 May 7,2007 Board/Commission Findines The Planning Commission reviewed this application at their April 12, 2007 meeting. At the conclusion of the public hearing the Planning Commission denied the rezone. The Findings of Fact for Denial ofthe application is attached to this report. Summary of Public Outreach Efforts For the April 12, 2007 Planning Commission meeting, a legal ad was placed in the Daily Review and notices for the hearing were sent to all businesses and property owners within a 300-foot radius of the project site. Notices were posted on the property and on telephone poles or light poles within the 300-foot radius. In addition, courtesy notices were sent to the following homeowners associations: Marina Faire, Marina Gardens, Marina Seagate, Marina Vista, Bonaire, and Washington/Manor. At the Planning Commission meeting, in addition to the correspondence attached to the staff report, two letters of opposition were received and one letter of support submitted by the applicant's attorney. The residents in proximity to the Catalina site expressed their concern over potential traffic and parking impacts, and the potential tax implications. In addition, the appellant provided a petition from Marina Faire businesses with 10 signatures; a petition from the Manor neighborhood with 201 signatures; and a petition with 1,445 signatures from church members. Fiscal Impact Not applicable Budeet Authority Not applicable Attachments: 1. Vicinity Map 2. Application for Appeal with the Appellant's Statement to the City Clerk and City Council - Basis for Appeal, dated April 16, 2007 3. Planning Commission Findings of Fact for Denial 4. Planning Commission Staff Report, dated April 12, 2007 5. Draft Excerpts from the Minutes of the Planning Commission Meeting of April 12, 2007 6. Correspondence CONCLUSION Based upon the General Plan policies and Zoning Code regulations that were the basis for the Assembly Use Overlay criteria, the fact that the City's industrial zones are designed to and do in fact accommodate materials and activities that pose at least a potential hazard to human populations and that such presence and the potential future presence of hazardous materials and activities in the vicinity of the project site and the intended assembly use, renders it inappropriate