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>4"iN. SAN JOAQUIN COUNTY <br /> e44 �'.o1 <br /> r i COMMUNITY DEVELOPMENT DEPARTMENT <br /> • Q 1810 E.HA ELTON AVE..STOCK ON,CA 95205-6232 03 SEP 18 AM T 3 I <br /> 94/FOR PHONE:209/48&3121 FA%:209/400-3153 <br /> September 11, 2003 <br /> Board of Supervisors <br /> Courthouse <br /> Stockton, CA 95202 <br /> PUBLIC HEARING REGARDING AN APPEAL BY DON MOYER OF THE <br /> PLANNING COMMISSION'S DENIAL OF USE PERMIT APPLICATION <br /> NO. PA-03-164 OF ART CABRAL & CLIFFORD VANDER VEEN <br /> (FIRST SUPERVISORIAL DISTRICT) <br /> IT IS RECOMMENDED: <br /> That the Board of Supervisors deny the appeal for Use Permit Application No. PA-03- <br /> 164 and uphold the Planning Commission's denial of the project. <br /> BACKGROUND: <br /> On August 21, 2003 the Planning Commission denied Use Permit Application No. PA- <br /> 03-164 to establish a drug and alcohol treatment group facility for the Native American <br /> community in two phases over a period of five (5) years. After reviewing all written and <br /> oral testimony, the Planning Commission voted 3-1 to deny Use Permit Application No. <br /> PA-03-164. One Planning Commissioner abstained from reviewing and voting on the <br /> project. <br /> On August 29, 2003, Don Moyer appealed the Planning Commission's denial of PA-03- <br /> 164. <br /> Appeal Statement No. 1 <br /> In his appeal, Don Moyer states: <br /> "4. Issuance of the Permit will not be significantly detrimental to the public <br /> health, safety, or welfare, or be injurious to the property or improvements <br /> of adjacent properties. <br /> Staff Finding: `This finding can be made because the Initial Study found no <br /> potentially significant environmental impacts that could not be mitigated to <br /> a less than significant level.' <br /> Commission Finding: The Planning Commission was unable to make this <br /> finding because of their erroneous assumption that children would reside <br /> on the premises." <br />