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2009/06/25 Planning Commission Resolution (2)PC RESOLUTION NO. 2009-17 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT PARK, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE ADDITION OF A PROPANE AND NITROGEN DISPENSING OPERATION TO AN EXISTING WELDING SUPPLY BUSINESS LOCATED AT 5200 COMMERCE BOULEVARD, (APN 143-030-018) Complete Welders Supply WHEREAS, the applicant, Neil Hyler, Complete Welders Supply, filed Planning Application No. P1,2009-015UP for a conditional use permit to allow the addition of a propane and nitrogen dispensing operation to an existing welding supply business located at 5200 Commerce Boulevard in accordance with the City of Rohnert Park Municipal Code; WHEREAS, on June 25, 2009, the Planning Commission reviewed Planning Application PI,2009-015UP during a scheduled public hearing at which time interested persons had an opportunity to testify either in support of or opposition to the project; WHEREAS, at the June 25, 2009 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. 131,2009-015UP; WHEREAS, this project has been deemed Categorically Exempt from the California Environmental Quality Act; and WHEREAS, the Planning Commission of the City of Rohnert Park makes the following findings: 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. PL2009-015UP makes the following findings, to wit: 1. That the proposed location of the conditional use is in accord with the objectives of the City of Rohnert Park Zoning Ordinance and the purposes of the district in which the site is located The proposed location is within the Industrial (I -L) District, which conditionally permits the storage and distribution of hazard materials. The project will operate in a manner that will further applicable Zoning Ordinance's objectives, including those intended to protect existing land uses from inharmonious influences and harmful intrusions. 2. That the proposed location of the conditional use and the conditions under which it is 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 Project Analysis, the project, as conditioned, will be subject to all applicable permitting and would, therefore, not have a negative effect on the public health, safety, or welfare; or be materially injurious to properties or improvements in the vicinity. It is intended to provide a desired service to the community. 3. That the proposed conditional use will comply with each of the applicable provisions of Title 17 of the City of Rohnert Park Municipal Code. As discussed in the Project Analysis, 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. Section 3. Enviromnental Clearance. 'The project is categorically exempt from the California Environmental Quality Act, pursuant to California Code of Regulations, Title 14, Chapter 3, Section 15301 (Class 1 — Existing Facilities). NOW THEREFORE BE IT RESOLVED, that the Planning Commission does hereby approve of Planning Application of Planning Approval PL2009-0151JP: Conditional Use Permit, subject to the following conditions: I. The use permit approval shall expire one year from the Planning Commission approval date, unless prior to the expiration the operation commences or an extension of the use permit is applied for. 2. The applicant shall be required to 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, as well as from all agencies that permit and/or regulate operations that dispense hazardous/flammable materials. The propane/nitrogen operation must be run in strict compliance with Section 3804 of the 2007 California Fire Code and any other applicable provisions governing such uses. 4. The operation shall be screened from the public right-of-way by the installation of additional landscaping at the west side of the installation immediately adjacent to the open metal fence. 5. Any signage pertaining to the propane or nitrogen operation shall be submitted to the Planning and Community Development Department for final review and approval. BE IT FURTHER RESOLVED that said action shall not be deemed final until the appeal period, which is 10 working days from the date of said action, has expired. No building permits shall be issued until the appeal period has expired, provided no appeals have been filed. DULY AND REGULARLY ADOPTED on this 25th day of June 2009, by the City of Rohnert Park Planning Commission by the following vote: 2 Attest: Johr B�rta7, CT airperson, Rohnert Park Planning Commission ,�san Azevedo, Re4aing Secretary AYES: r NOES: ABSENT: J ABSTAIN: AHANOTU '" ARMSTRONG `f BORBA NILSON �NORDIN �/`"'' 3