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2017/04/13 Planning Commission Resolution (3)PLANNING COMMMISSION RESOLUTION NO. 2017-14 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT PARK, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR AGRICULTURAL PROCESSING AT 5500 COMMERCE BOULEVARD (APN 143-021-044) WHEREAS, the applicant, James Mahon of Grizzly Malt, LLC, filed Planning Application No. PLUP 17-0002 for a Conditional Use Permit to allow a barley malting operation (agricultural processing) at 5500 Commerce Boulevard (APN 143-021-044), in accordance with the City of Rohnert Park Municipal Code; WHEREAS, Planning Application No. PLUP 16-0002 was processed in the time and manner prescribed by State and local law; WHEREAS, on April 13, 2017, the Planning Commission reviewed Planning Application No. PLUP 17-0002 during a scheduled and duly noticed public meeting at which time interested persons had an opportunity to testify either in support of or opposition to the project; and WHEREAS, at the April 13, 2017, Planning Commission meeting, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the Commission considered all the facts relating to Planning Application No. PLUP 17-0002; NOW, THEREFORE, THE PLANNING COMMISSION 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 Planning Commission, in approving Planning Application No. PLUP 17-0002 makes the following findings, as required by Municipal Code section 17.25.014 (finding for conditional use permits), to wit: A. That the proposed location of the conditional use is consistent with the objectives of the zoning ordinance and the purpose of the district in which the site is located. Criteria Satisfied. The addition of a barley malting operation is an industrial/agricultural processing use as well as a warehousing/storage and distribution use, all of which are intended for the Limited Industrial District. As stated in Section 17.06.080 (purpose of the industrial zoning districts), the intent of this district is to provide appropriate areas for businesses that process goods and are effectively integrated into the surrounding area. The barley malting operation is compatible with other surrounding uses and is the type of use contemplated for the district. B. 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, and that the operation and maintenance of the conditional use will be compatible with the surrounding uses. Criteria Satisfied. The use is located in an industrial and warehousing area of the city and the minimal traffic (one to two truck trips per week and only one to two employees), parking, and noise it will generate will not be detrimental to public health, safety, and welfare will be preserved by the conditions required by the Planning, Building, and Public Safety Departments. There are no anticipated conflicts predicted to arise from the operation of a barley malting operation in this location. C. The proposed conditional use will comply with each of the applicable provisions of this title. Criteria Satisfied. The proposal has been reviewed for compliance with all applicable provisions of the Rohnert Park Municipal Code including Section 17.06. 100 Limited Industrial District Permitted Uses (agricultural processing is allowed by Conditional Use Permit) , Section 17.12.120 Screening of Activities and Mechanical Uses (the use is away from the street, with fencing provided around the active uses areas of the property and the majority of the use taking place indoors), Section 17.16.030 Off Street Parking Specific Requirements (ample parking for employees based on the square footage is found onsite), and 17.17.030 Off Street Loading Standards, Specific Requirements (one loading space is provided per the code requirements). Section 4. Environmental Clearance. This proposal is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) as a Class 1, Section 15301 reuse of an existing building. NOW THEREFORE BE IT RESOLVED, that the Planning Commission does hereby approve Planning Application No. PLUP 17-0002 subject to the following conditions: Planning 1. The Conditional Use approval shall expire one year from the Planning Commission approval date, unless prior to the expiration a building permit is issued and construction is commenced and diligently pursued toward completion. 2. The Project is approved as shown in Exhibits A through D and all other submitted plans except as conditioned or modified below. 3. This facility shall comply with any and all applicable provisions of the Rohnert Park Municipal Code and those of any state or federal agency. 4. The applicant shall obtain all necessary permits and clearances from the Rohnert Park Building and Public Safety Departments for any modifications to the interior or exterior of the building. 5. This Conditional Use Permit specifically does not approve the outdoor "future grain silos" as shown on Exhibit B (Sheet A101). Any outdoor grain silos must go through Site Plan and Architectural Review as detailed in Rohnert Park Municipal Code Sections 17.25.030 through 17.25.035. Building and Public Safety 6. Improvements must be compliant with the 2016 California Fire Code, 2016 California Building Code, City of Rohnert Park Fire Division Code Ordinance #827 and NFPA 13, NFPA 72, NFPA 61. 7. At the time of building permit application, provide a detailed plan for containment, dust collection, and explosion control and how they will relate to fire and building codes. Consultation with a private fire protection engineer is recommended. 8. Sprinklers and Fire Alarms may be required to be compliant with current code if determined by the Building Official to be a change of occupancy type. 9. The cinder block wall located on the east side of the building in A101 View 5 must be removed to unblock the fire hydrant. 10. Access to the Fire Department Connection located on the west wall must remain clear. BE IT FURTHER RESOLVED that said action shall not be deemed final until the appeal period has expired and that the appeal period shall be ten (10) working days from the date of said action. No building permits shall be issued until the appeal period has expired, providing there are no appeals. DULY AND REGULARLY ADOPTED on this 13th day of April, 2017 by the City of Rohnert Park Planning Commission by the following vote: AYES: NOES: ABSENT: ,- ABSTAIN: ADA b6"BLANQUIFA�' u-" 3ORBA GIUDICE HAYDON�� -l/ Haydon, Chairperson, Rohnert Park Planning Commission Attest: U Q" Susan evedo,according Secretary