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Analysis Background On April 27, 1993, the Board of Supervisors approved Zone Reclassification No. ZR-93-1 to reclassify 19 acres from AU-20 to I-L to enable the applicant to establish an open-air mall. The Board of Supervisors approved the Zone Reclassification subject to the following conditions: 1. Until all public facilities are available (water, sewage disposal, and storm drainage), the property can only be used for an open-air mall. 2. Prior to establishing an open-air mall on the site, a Use Permit for the use must be approved by the Board of Supervisors. On June 23, 1993, the Board of Supervisors approved Use Permit UP-93-9 to permit the operation of an open-air mall on the property. The approval permitted an open-air mall for 400 vendors to operate four days per week between the hours of 7:00 a.m. and 10:00 p.m. On July 26, 1994, the Board of Supervisors approved a Revision of Approved Actions for ZR-93-1 and UP- 93-9. The Revisions of Approved Actions allowed the operation of a bingo parlor at the open-air mall and changed the days and hours of operation. The open-air mall may now operate seven days per week from 6:00 a.m. until 12:00 a.m. Currently, the bingo parlor is not operating on the site. On July 19, 1995, The Community Development Department conditionally approved SA-95-14. The approval was for a 14, 350-square-foot building to be used for a bingo parlor. This approval expired on January 27, 1997, without the Conditions of Approval having been met. On April 8, 1997, the Board of Supervisors, by resolution R-97-16, adopted an interpretation of UP-93-9 that permits outdoor entertainment as an accessory use to UP-93-9 (see Attachment A). The interpretation came as a result of complaints regarding concerts and other events at the open-air mall. On December 21, 2000, the Planning Commission approved SA-00-56 to conditionally permit the construction of twenty-four(24) storage/retail buildings totaling 82,100 square feet and one caretaker mobile home. A proposed truck driving school with storage area for four trailers was not permitted. The conditional approval expires on July 2, 2002. Appeal Statement "Sale of used cars at the Stockton open-air mall. We should have the right to rent to any vendor we want to." Response to Appeal Statement Development Title Section 9-505.10 states that the "Automotive Sales and Service, Automotive Sales" use type may be permitted in the I-L zone subject to an approved Use Permit and the following special regulations: • Only used collectible car sales shall be allowed in the Limited Industrial Zone; new car sales shall be prohibited; • A maximum of ten (10)cars shall be displayed at any given time; and San Joaquin County UP-93-91Stockton Open Air Mall Community Development Page 3