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SU0009067
Environmental Health - Public
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2600 - Land Use Program
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SU0009067
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Last modified
5/7/2020 11:33:50 AM
Creation date
9/6/2019 10:23:54 AM
Metadata
Fields
Template:
EHD - Public
ProgramCode
2600 - Land Use Program
RECORD_ID
SU0009067
PE
2632
FACILITY_NAME
PA-1200023
STREET_NUMBER
17016
Direction
N
STREET_NAME
JACK TONE
STREET_TYPE
RD
City
LODI
APN
05303046
ENTERED_DATE
2/21/2012 12:00:00 AM
SITE_LOCATION
17016 N JACK TONE RD
RECEIVED_DATE
2/21/2012 12:00:00 AM
P_LOCATION
99
P_DISTRICT
004
QC Status
Approved
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SJGOV\rtan
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\MIGRATIONS\J\JACK TONE\17016\PA-1200023\SU0009067\APPL.PDF \MIGRATIONS\J\JACK TONE\17016\PA-1200023\SU0009067\CDD OK.PDF \MIGRATIONS\J\JACK TONE\17016\PA-1200023\SU0009067\EH COND.PDF
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EHD - Public
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-2- <br /> Finding No. 5 states, "the use is compatible with adjoining land uses". The Planning <br /> Commission determined this finding cannot be made because the proposed use is <br /> incompatible with and will interfere with the current residential and agricultural land uses <br /> on adjacent properties. <br /> On September 13, 2012, Bear Creek Solar, LLC (c/o Christopher Little) appealed the <br /> Planning Commission's denial of Site Approval application No. 1200023. <br /> APPEAL STATEMENT: <br /> In the appeal, the appellant states: <br /> "At the public hearing the main opposition did not address whether the proposed <br /> use had `the potential to adversely affect other land use,transportation, or <br /> facilities in the vicinity'. Rather the opposition disagreed with the use until or <br /> unless the County adopted a county wide policy with respect to solar farms. We <br /> offer no opinion about the merits or demerits of this claim. However, simply <br /> stated,the claim is outside the scope of a simple Site Application and does not <br /> apply to the questions asked by the Zoning Title regarding Site Application." <br /> "Finally, we respectfully point out that State Law announces a clear policy in <br /> support of solar energy and has enacted policies to discourage the denial of solar <br /> energy proposal on the basis of local land use laws. See, for example, <br /> Government Code section 658509(c)." <br /> "The planning commission received no competent evidence or facts concerning <br /> the narrow scope of review for a Site Application and made no formal findings <br /> denying the request. Since the Site Application complies with all County rules <br /> and regulations we respectfully request the appeal be granted by the Board of <br /> Supervisors." <br /> RESPONSE TO APPEAL STATEMENT: <br /> The Planning Commission denied the project based on the inability to make Finding No. <br /> 5 in the affirmative. <br /> Finally, after considering all oral testimony,the Planning Commission determined that <br /> the photovoltaic solar power facility is not compatible with the surrounding land uses and <br />
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