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2001/02/27 City Council Resolution (13)RESOLUTION NO. 2001 -_t 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK, CALIFORNIA, APPROVING A USE PERMIT FOR A MEDICAL CLINIC ON PROPERTY LOCATED AT 301 PROFESSIONAL CENTER DRIVE (U.S. Cancer Care Co.) WHEREAS, the applicant, U.S. Cancer Care Co., has submitted an application for Use Permit Approval for a medical clinic on property located at 301 Professional Center Drive in accordance with the City of Rohnert Park Municipal Code; WHEREAS, a Negative Declaration was approved for this site in 1998 in compliance with the California Environmental Quality Act; WHEREAS, pursuant to California State Law, public hearing notices were transmitted to all property owners within a 300 foot radius of the subject property and a public hearing was published for a minimum of 10 days prior to the first public hearing in the Press Democrat; WHEREAS, on February 8, 2001, the Planning Commission held a public hearing at which time interested persons had an opportunity to testify either in support or opposition to the proposal; and, WHEREAS, on February 27, 2001, the City Council held a public hearing at which time interested persons had an opportunity to testify either in support or opposition to the proposal; and, WHEREAS, the Planning Commission and the City Council of the City of Rohnert Park have reviewed and considered the information contained in the Use Permit application for the proposal. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROHNERT PARK DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct. Section 2. Findings. The City Council, in approving Planning Application No. PL2001- 007UP: makes the following findings, to wit; 1. That the proposed location of the conditional use is in accord with the objectives of the zoning ordinance and the purposes of the district in which the site is located. The proposed use would be a medical facility serving cancer patients from the City as well as outlying areas. This is a use that will benefit the City and further the Zoning Ordinance objective of ensuring that appropriate uses are situated where they will best serve the community. 1 Resolution No. 2001 -47 Page 2 Of 3 2. That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. As discussed in the staff report, the project, as conditioned, will not have a negative effect on the public health, safety, or welfare; or be materially injurious to properties or improvements in the vicinity. The applicant shall be required to obtain all necessary permits required for the operation of this facility and will ensure that any medical wastes are properly disposed of by an approved handler. 3. That the proposed conditional use will comply with each of the applicable provisions of this Title. As discussed in the staff report, the project will comply with all applicable Zoning Ordinance standards. Furthermore, there shall be no changes'to the structure that would affect the dimensional requirements of the Zoning Ordinance as it pertains to this site. Environmental 1. An Initial Study was prepared for the project in 1998, which identified no significant impacts from the development of an office building on this site. A Negative Declaration was therefore prepared and adopted at that time. The proposed use is a medical clinic which is substantially similar in nature to the approved office building and to the other uses in the C -G District, therefore the approved Negative Declaration applies to the present project. 2. The project would not result in an impact to endangered, threatened or rare species or their habitats, including but not limited to plants, fish, insects, animals and birds. The project site has been previously disturbed by rough grading. There are no native species or plants, no unique, rare, threatened, or endangered species of plants, no sensitive native vegetation on or adjacent to the site. Further, there is no indication that any wildlife species exist, or that the site serves as a migration corridor. A DeMinimus impact finding can be made for this proj ect. Section 3. Environmental Clearance. The existing Negative Declaration for this site applies to this project. NOW THEREFORE BE IT RESOLVED, that the City Council does hereby approve Planning Application No. PL2001- 007UP: Use Permit Review, subject to the following conditions: 1. Expiration of Approval — Pursuant to the City of Rohnert Park Municipal Code, the Use Permit approval shall expire one year from the City Council approval date, unless an extension is requested and approved. 2 Resolution No. 2001 -47 Page 3 of 3 2. Conformance with Municipal Code and Other Agency Plans — All improvements shall comply with all applicable sections of the City of Rohnert Park Municipal Code and any other applicable relevant plans of affected agencies. 3. The applicant shall obtain all necessary permits and clearances from the Rohnert Park Building and Public Safety Departments prior to commencement of the operation at this location. 4. All wastes shall be disposed of or recycled by an approved handler. 5. Site Plan and Building Elevations a. All improvements shall be in substantial conformance with approved Site Plan, Exterior Elevations, Landscape Plan, and Colors & Materials board, except as modified herein. b. A minimum 5 foot wide sidewalk shall be provided on the easterly side of the building. To allow for this, the applicant shall apply to amend the existing parcel map for this development (Industrial Center Way Development) to reduce the State Farm Drive setback to a minimum of 25 feet or remove the setback requirement from the parcel map. C. Handicapped parking shall be provided in accordance with the latest ADA requirements. 6. Signs a. All signs shall be submitted to the Planning and Community Development Department for review and approval. DULY AND REGULARLY ADOPTED on this 27th day of February , 2001, by the City of Rohnert Park City Council by the following vote: Attest: C1 CITE' FLORES: AYE REILLY: AYE SPIRO: AYE VIDAK- MARTINEZ: AYE MACKENZIE: NO AYES: (4) NOES: (1) ABSENT: (0) ABSTAIN: (0) 3