2009/12/10 Planning Commission Resolution (3)PC RESOLUTION NO. 2009-26
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ROHNERT PARK, CALIFORNIA,
CONDITIONALLY APPROVING FILE NO. PL2OO9-O28UP:
USE PERMIT FOR THE OPERATION OF A \ryHOLESALE COFFEE
ROASTING BUSINESS ((VERTICAL ROASTERS,INC.) WITHIN A LIGHT
INDUSTRIAL ("I-L|O") BUILDING LOCATED AT 5778 COMMERCE
BOULEVARD (APN 143-490-02s)
(Matthew Foy/Vertical Roasters)
\ilHEREAS, the applicant, Matthew Foy, filed Planning Application No.
PL2009-028UP for the operation of a wholesale coffee roasting business (Vertical
Roasters) within an existing light industrial building at 5778 Commerce Boulevard (APN
143-490-025) in accordance with the City of Rohnert Park Municipal Code;
\ilHEREAS, Planning Application No. PL2009-028UP was processed in the time
and manner prescribed by State and local law;
WHEREAS, public hearing notices were mailed to all property owners within a
300 foot radius of the subject property and to all agencies and interested parties as
required by California State Planning Law, and a public hearing was published for a
minimum of 10 days prior to the first public hearing in the Community Voice;
WHEREAS, on December 10, 2009 the Planning Commission reviewed
Planning Application No. PL2009-028UP during a scheduled public meeting at which
time interested persons had an opportunity to testify either in support or opposition to the
project; and,
WHEREAS, at the December 10, 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.
PL2009-028UP;
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. PL2009-28UP makes the following findings, to wit;
A. 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 whích the site is located.
The proposed location is within an industrial area that provides for businesses that
manufacture, process, assemble, repair, or otherwise create and maintain goods,
merchandise and equipment, The light industrial classification allows for "food
processing" or uses similar in nature by conditional use permit, therefore, the
proposed use is an appropriate one at this location.
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.
As discussed in the staff report, the proposed roasting operation will be limited in
nature and 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
will be required to obtain all necessary permits pertaining to the operation including
the Bay Area Air Quality Management District.
C. That the proposed condítíonal 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,
Section 3. Environmental 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 Planning Application No. PL2009-028UP, subject to the following
conditions:
l. The use permit approval shall expire one year from the Planning Commission
approval date, unless prior to the expiration a business license is issued, or a
building permit is issued for any tenant improvements, if applicable, 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 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.
4. The roasting operations shall not emit continuous odors which are detectable on or
beyond adjacent lease spaces/property boundary. The applicant shall apply, obtain
and demonstrate strict compliance with all appropriate approvals and conditions of
the Bay Area Air Quality Management District prior to commencement of the
operation at this location.
5. All processing waste shall be removed by authorized waste removal operators.
6. All roasting activity and operations shall be conducted entirely within the building.
7. Any signage shall be subject to Planning Staff approval.
8. Pursuant to Section 17.25.018 (A) of the Rohnert Park Municipal Code, a violation
of a condition of approval may cause a Conditional Use Permit to be revoked or
modified as set forth in Chapter 17.25 Article XIV.
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 l0 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 l0th day of December,2}}9 by
the City of Rohnert Park Planning Commission by the following vote:
NOES: O ABSENT:ABSTAIN:AYES: l')
AHANOTU / A /ro*"o / *rrro* / NonnN '/
Rohnert Park Planning Commission
Attest:
Azevedo,ng Secretary
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