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Analysis Property History On November 3, 1977, Use Permit Application No. UP-78-9 of Edgar B. Billups was approved for amarine repair shop, specializing in outboard motor repair, with incidental sales of marine motor parts.' Since that approval, the facility has been used by several different boat engine repair businesses. The Use Permit application was revoked by the Planning Commission on March 17, 1994, for violation of the adopted Conditions of Approval, adverse health and safety impacts associated with operations on the site, and because the site had developed into a public nuisance. At the hearing, Lee Coulter, the current owner of the property, was given 30 days to submit a Site Approval application to request a change from the previous nonconforming use to a less intensive nonconforming use. Site Approval Application No. SA-94-22 was submitted on April 18, 1994, to permit operation of the property owner's boat hauling, storage, and repair business. On June 16, 1994, the Planning Commission denied, without prejudice, the application based upon the inability to make three of the five required Findings for approval. Under the provisions of Section 9-235.3(a) of the Development Title, the owner of the property had 12 months from the date of the Planning Commission's revocation of UP-78-9 to file an application to establish a new nonconforming use. Site Approval Application No. SA-95-6 was submitted on March 17, 1995, to establish the new nonconforming use described above in 'Project Description.' The property owner has continued to operate the boat hauling and marine repair business since the revocation of UP-78-9 in March of 1994 and the denial of SA-94-22 in June of 1994. At the request of the applicants, the Planning Commission on June 1, 1995, continued the hearing on this project until August 3, 1995, to allow additional time for an engineer to prepare a new Site Plan. In order to accommodate the special hearing that was scheduled for the Riverbrook project on August 3 and the large number of applications scheduled for public hearing before the Commission on August 17, staff had intended to request that the hearing for this project be rescheduled for August 31. Because the August 3 hearing was cancelled, staff was not able to request the continuance until the Planning Commission hearing of August 17. The request was granted by the Commission at that time, and the hearing was formally scheduled for August 31. The revised Site Plan was submitted to the Development Services Division on August 11, 1995. Zoning Consistency The Site Approval application is being processed under the noted provisions of the Development Title that permit a nonconforming use to be changed to another, less intensive nonconforming use subject to an approved Site Approval application. In this case, the previous nonconforming use (approved by Use Permit Application No. UP-78-9) was a marine repair shop, for repairs to be conducted only indoors, with incidental sales of marine motor parts, and the proposed, less intensive nonconforming use is a boat hauling business with minor marine repairs and boat storage. The application proposes that a maximum of 17 boats be permitted on the site, that boats that are 'in-transit' be allowed on the site for no more than 30 days, and that the mobile home on the property (installed without the required building permits) be removed within three months of the effective date if the application is approved. Staff's recommendation for approval with conditions is based upon a review of the revised Site Plan that was submitted on August San Joaquin County SA-95-6/Coulter Community Development Page 5