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SAN JOAQUIN COUNTY <br /> 2. COMMUNITY DEVELOPMENT DEPARTMENT <br /> 1810 E.•�4'"..•• •'i+`P• <br /> PHONE:22091468-3121 Fax.209/468-3163 <br /> 0CKTON,CA 95205-6232 <br /> Cippp <br /> June 5, 1996 <br /> Board of Supervisors <br /> Courthouse <br /> Stockton, CA 95202 <br /> Dear Board Members: <br /> APPEAL BY MOYER CONSULTING OF THE PLANNING COMMISSION'S DENIAL OF <br /> SITE APPROVAL APPLICATION NO. SA-95-47 OF TERRY REMITZ <br /> (FIFTH SUPERVISORIAL DISTRICT) <br /> IT IS RECOMMENDED: <br /> That the Board of Supervisors deny the appeal and uphold the Planning Commission's action to deny Site <br /> Approval Application No. SA-95-47 due to the inability to make Findings 1 and 2 as contained in the Staff <br /> Report. <br /> REASON FOR RECOMMENDATION: <br /> On February 20, 1996,the Community Development Department denied Site Approval Application No. SA- <br /> 95-47 due to the inability to make findings 1 and 2. On March 1, 1996, Terry Remitz appealed staff's <br /> action to the Planning Commission. <br /> The Planning Commission heard this item at its regularly scheduled hearing of May 2, 1996. Don Moyer, <br /> representing Terry Remitz, spoke in favor of the item. No one spoke in opposition. After considering all <br /> oral and written testimony, the Commission voted 7-0 to deny the appeal of staff's denial of SA-95-47 due <br /> to the inability to make Findings 1 and 2 as contained in the Staff Report. On May 10, 1996, Moyer <br /> Consulting, representing Terry Remitz, appealed the Planning Commission's action to the Board of <br /> Supervisors. <br /> Appeal Statement No. 1 <br /> In the appeal, the appellant made the following statement: <br /> Staff report stated project site was 'not on a roadway designated as a minor arterial or higher...' <br /> The County assessor's map clearly shows the site abuts I-205, with over 100,000 cars per day <br /> volume. <br /> Response to Appeal Statement No. 1 <br /> Section 9-605.5(h)(2) states: <br /> The use type shall only be established on a road designated on the General Plan as a Minor <br /> Arterial or higher classification of roadway. <br /> The Planning Commission determined that in order to be consistent with this ordinance requirement, the <br /> use shall have access on a road designated on the General Plan as a Minor Arterial or higher <br /> classification of roadway. <br />