2015/09/24 Planning Commission ResolutionPLANNING COMMISSION RESOLUTION NO. 2015-15
A RESOLUTION OF THE PLANNING COMMISSSION OF THE
CITY OF ROHNERT PARK APPROVING A CONDITIONAL USE PERMIT/SITE
PLAN AND ARCHITECTURAL REVIEW FOR A HYDROGEN FUELING STATION
AT 5060 REDWOOD DRIVE (APN 045-081-020) PLSU2015-0002
WHEREAS, the applicant, Richard Capua for ABOVO Environmental Systems Inc.
filed Planning Application No. PLSU2015-0002 proposing a Hydrogen Fueling Station at 5060
Redwood Drive (APN 045-081-020), in accordance with the City of Rohnert Park Municipal
Code ("RPMC"); and
WHEREAS, Planning Application No. PLSU2015-0002 was processed in the time and
manner prescribed by State and local law; and
WHEREAS, this project is categorically exempt from the requirements of the California
Environmental Quality Act (CEQA) under Title 14, Sections 15301 Existing Facilities and
15303 New Construction or conversion of Small Structures and 15304 Minor alterations to Land
Class 1 Section 15332 Infill Development Project. No further action is required pertaining to
environmental review; and
WHEREAS, pursuant to California State Law and the RPMC, public hearing notices
were mailed to all property owners within an area exceeding a three hundred foot radius of the
subject property and a public hearing notice was published in the Community Voice for a
minimum of 10 days prior to the first public hearing; and
WHEREAS, on September 24, 2015, 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, the Planning Commission has reviewed and considered the information
contained in Planning Application No. PLSU2015-0002 for the proposed Conditional Use
Permit.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City
of Rohnert Park makes the following findings, determinations and recommendations with respect
to the proposed Conditional Use Permit:
Section 1. The above recitations are true and correct.
Section 3. Findings Regarding. Conditional Use. The Planning Commission hereby
makes the following findings concerning the Conditional Use Permit proposed by Planning
Application No. PLSU2015-0002 pursuant to Rohnert Park Municipal Code section 17.06.390:
1. That the proposed location of the conditional use is consistent with the objectives
of the zoning ordinance and the purposes of the district in which the site is
located;
Criteria Satisfied. The Conditional Use Permit provides details on the project
including site plan, enclosure elevations and details on the hydrogen production
equipment including dispensing of the hydrogen fuel to vehicles. The proposed
development conforms to Footnote C in the Zoning Ordinance regarding
Automobile Service Stations. The development also conforms to setback
requirements, parking requirements and landscaping in the C-R Regional
Commercial district.
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, and that the operation and maintenance of the conditional use will be
compatible with the surrounding uses;
Criteria Satisfied. The hydrogen Fueling Station will be operated in
conformance with all Fire and Building codes related to the production and
dispensing of hydrogen fuel.
3. The proposed conditional use will comply with each of the applicable provisions
of this title.
Criteria Satisfied. Conditions are attached to the approval to assure that the
proposed use will comply with all provisions of the Zoning Ordinance.
Section 4. A duly noticed public hearing on the proposed Conditional Use Permit
was held on September 24, 2015.
NOW, THEREFORE, BE IT FURTHER RESOLVED, THAT the Planning
Commission does hereby adopt the Findings stated hereinabove and approve the Conditional Use
Permit in its entirety and subject to the recommended conditions of approval as provided for in
Exhibit A.
DULY AND REGULARLY ADOPTED on this 24th day of September, 2015 by the
City of Rohnert Park Planning Commission by the following vote:
AYES: NOES: V ABSENT: ABSTAIN:
ADAMS `/ BLANQUIE_L BORBA
QDaniel Blangitie,
Attest.
..��i
Susan,Azevedo, Recordw Secretary
IkJDICE HAYDON
C
Park Planning Commission
Exhibit A
CONDITIONS OF APPROVAL PLSU2015-0002 HYDROGEN FUELING STATION
GENERAL CONDITIONS
1. The Conditional Use Permit 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 and the use is
initiated, or an extension is requested and approved.
2. The applicant shall comply with Exhibits A through E approved by the Planning
Commission at its meeting on September 24, 2015.
3. If the City is required to enforce any of the conditions of approval the applicant shall pay
all costs. The applicant shall secure all necessary permits and clearances from the
Rohnert Park Building Department prior to commencement of construction.
4. The applicant agrees to indemnify, hold harmless and defend the City, its officers, agents
elected and appointed officials and employees, from any and all liability or claims that
may be brought against the City arising out of its approval of this Project and associated
entitlements pertaining to the Hydrogen Fueling Station save and except that caused by
the City's active negligence.
PLANNING
5. All improvements shall conform to the approved site plan, floor plans and building
elevations.
6. The metal siding on hydrogen fuel equipment enclosure shall be tex-coated and painted
to match the colors of the existing building, details subject to Development Services
Department approval.
7. All construction material waste and other debris shall be recycled to the extent possible.
8. There shall be no banners or other temporary signs or attraction getting devices displayed
on the property, without the appropriate permit.
9. The use of any A -Frame signs, portable signs, sandwich -board signs, pennants, banners,
flags or human -held signs on the premises or along the Redwood Drive frontage is
strictly prohibited without proper approval from the City.
10. The developer shall comply with the construction hours pursuant to Municipal Code
Section 9.44.120.
11. Any electrical transformers or other electrical equipment located in the Redwood Avenue
landscape planter shall be screened with landscaping details subject to Development
Services Department approval prior to construction.
12. Any price information for Hydrogen Fuel shall be approved by a Sign Review application
prior to installation. Hydrogen Fuel price information shall be placed on the same sign
panel as the gasoline price information.