Agenda - 02-19-2013 - 5a - Laserfiche WebLink

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18 1 Attachment 6 of this packet is the Planning Board's recommendation with various findings. You 2 will recall that with Special Use Permits, decisions are based on competent material and 3 substantial evidence entered into the record. The Planning Board found sufficient evidence in 4 the record that the applicant complied with all requirements in terms of a Class A SUP 5 Application and Major Subdivision Applications; that the applicant complied with all development 6 design criteria; that the applicant had complied with all specific and general standards in the 7 UDO for the issuance of the special use permit. Ultimately, the Planning Board recommended 8 the imposition of numerous conditions, which you will find at the end of Attachment 6 regarding 9 the overall development of this property. 10 11 The recommendation tonight is that you receive the Planning Board recommendation; if 12 necessary, deliberate further; close the public hearing; and that you take action on this request 13 by utilizing the script staff has provided to you in Attachment 7 to review and approve the 14 various findings of fact associated with this project; and that ultimately you have a vote to 15 approve the special use permit and impose the recommended conditions as recommended by 16 the Planning Board. What the Planning Board has essentially recommended is that you find 17 the applicant has met their burden with respect to compliance with Section 2.2 and 2.7.3 of the 18 Orange County Unified Development Ordinance and that they have complied with all of the 19 allocations and requirements. You have the opportunity in affirming this to essentially utilize 20 and refer the Planning Board recommendation. Having said that, if the motion is to reject this 21 finding, you're going to have to come up with your rationale for the evidence that's in the record 22 justifying that finding. As I move on, the Planning Board has voted to affirm that the applicant 23 has met their burden with respect to complying with Section 2.7.5 of the UDO. This section 24 deals specifically with public notice and public advertisement. They determined that there was 25 sufficient evidence in the record and to make this an affirmative finding. 26 27 The next motion will be concerning to affirm or reject compliance with Section 7.14.2. Once 28 again, the Planning Board voted unanimously to find that there was sufficient evidence in the 29 record to make this determination. The next motion will deal with affirming or rejecting 30 compliance with Section 5.15.6 of the UDO, which deals with the special use permit composed 31 within the subdivision. Once again, the Planning Board voted unanimously to find that the 32 applicant complied. 33 34 Next, you're going to be asked to affirm or to reject the Planning Board's finding with respect to 35 compliance with Section 5.3.2b where the applicant is required to demonstrate compliance with 36 the adequacy of proposed sewage storage facilities and adequacy of public safety protection. 37 The Planning Board made an affirmative finding that the developer had met their burden. 38 39 Last, but certainly not least, is the finding of the general regulatory standards as contained 40 within Section 5.3.2.a.2.a. The first one being is that the use will maintain or promote the 41 health, safety, or general welfare. Within the script and within Attachment 6, which is the 42 findings of fact, you will note that the Planning Board made several references to evidence 43 entered into the record and how they confirmed their finding. The same with Section 44 5.3.2.a.2.b, which was a requirement that the applicant demonstrate that the proposed use 45 maintain the value of contiguous property. Again, you will note the Planning Board made an 46 affirmative finding, listing specifically those items in the record that would justify their finding. 47 48 Finally the Planning Board made an affirmative finding with respect to 5.3.2.a.2.c that the use is 49 in harmony with the area in which it is to be located and it is in compliance with the plan for