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APPLICANT BEAR CREEK SOLAR, LLC'S APPEAL OF THE PLANNING COMMISSION'S DENIAL OF SITE PLAN APPROVAL OF SITE APPLICATION PA-1200023 The Applicant hereby appeals the Planning Commission's decision to deny Bear Creek Solar's site plan application and requests a hearing de novo before the County Board of Supervisors. The Applicant asserts the County Planning Commission erred in narrowly denying the application by a three to two vote. This vote contradicted the professional recommendation of the County Planning Department. After reviewing the Application the County Planning Department independently reach a professional opinion that the request complied with all County rules and should be approved. This opinion was expressed in both the written and oral staff report presented to the Planning Commission at the public hearing. Indeed, the staff was prepared to approve the Site Application administratively, without a public hearing, but set the matter for a public hearing due to an objection received from the Farm Bureau. The application is governed by the provisions of Division 6 of the San Joaquin County Zoning Title, entitled "Agricultural Zones". According to the comprehensive Planning Department staff report: "Development title Section 9-115.580 categorizes utility services involving major structures under the Use Type: Utility Services- Major. The proposed use may be conditionally permitted in the AG-40 zone subject to an approved Site Approval application." Bear Creek Solar, LLC County Planning Department staff report at 3. The use is subject to Site Approval regulation contained at Section 9-818 of the Zoning Title. Under the hierarchy of land use regulations a Site Approval is regarded as the least intensive level of discretionary land use regulation. Under the use permit regulations the County reviews whether the use is appropriate for the site and whether the use will harm the general welfare of the area. In stark contrast a Site Approval presumes the use is appropriate and limits the review to whether the approved use might be unduly injurious to neighboring properties or public facilities. In other words, the public policy question is whether the acceptable use's design may harm other property or public improvements but not whether the use is appropriate for the location. This approach is explained at Section 9-818.3: 9-818.1 INTENT. It is the intent of this Chapter to provide a method for reviewing proposed uses which possess characteristics that require special appraisal in order to determine if the uses have the potential to