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2008/02/14 Planning Commission Resolution (2)Item No.: 3 File No.: PL2008-002UP PC RESOLUTION NO. 2008-08 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT PARK, CALIFORNIA, APPROVING A CONDTIONAL USE PERMIT FOR AN E -WASTE COLLECTION FACILITY IN AN EXISTING INDUSTRIAL TENANT SPACE AT 50 EXECUTIVE AVENUE (APN 143-490-002) (Joshua & Jack French - Smart Cycle) WHEREAS, the applicant, filed a Planning Application PL2008-002UP for consideration of a Conditional Use Permit for an E -Waste collection facility (Smart Cycle) in an existing Industrial (I -L) tenant space located at 50 Executive Avenue (APN 143-490-002) in accordance with the City of Rohnert Park Municipal Code. WHEREAS, Planning Application No. PL2008-002UP was processed in the time and manner prescribed by State and local law; WHEREAS, public hearing notices were appropriately posted and mailed to the property owners adjacent and within 300 feet of the project site; WHEREAS, on February 14, 2008, the Planning Commission reviewed Planning Application No.PL2008-002UP during a scheduled public hearing at which time interested persons had an opportunity to testify either in support or opposition to the project; and, 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. PL2008-002UP makes the following findings, to wit; Conditional Use Permit The proposed location of the conditional use is consistent with the objectives of the Zoning Ordinance and the purpose of the district in which in the site is located. The project would be located in an Industrial (I -L) District that allows a "Light Processing Facility" as a conditional use. The proposed use would allow the continuation of the surrounding Industrial uses and would not significantly conflict with these uses; the drop off component of the facility will only be open 2 days a week with intermittent activity throughout the day. 2. That the proposed location of the 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 use will be compatible with the surrounding uses; and Planning Commission Staff Report February 14, 2008 Page 4 of 6 Item No.: 3 File No.: PL2008-002UP As discussed in the Staff Report, the proposed operation would be located in an industrial area. The hours of operation for drop off and pick up in staff s opinion would not significantly conflict with other uses in the area, thus no impact relative to parking, traffic, or conflict of use is expected. However, to ensure that the operation remains complementary to the other on - sites uses and that parking is not an issue, a condition has been added to re-evaluate the processing facility in one year. 3. The proposed use will comply with each of the applicable provisions of this title. The project does not involve exterior modifications. Any such improvements, as well as proposals for new signage would require site plan and architectural review and/or administrative review respectively. The project otherwise complies with zoning ordinance standards relative to setbacks, height, floor area ratio, and parking. 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 with no new construction and no potentially significant impacts on the environment). NOW THEREFORE BE IT RESOLVED, that the Planning Commission does hereby approve Planning Application No. PL2008-002UP to allow operation of a E -Waste recycling facility located at 50 Executive Avenue (APN 143-490-002), subject to the following conditions: Expiration of Approval — Pursuant to the City of Rohnert Park Municipal Code, this approval shall expire one year from the Planning Commission approval date, unless prior to the expiration a building permit is issued (if required) for any tenant improvements and construction is commenced and diligently pursued toward completion and/or the use is initiated, or an extension is requested and approved. 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 sign proposals shall be submitted to the Planning division for review and approval prior to installation. 5. The drop off component of the operation shall be monitored by Staff for a period of one year to determine how well the existing parking supply meets the needs of this use. If a parking problem develops during that period, Staff shall bring the use permit back to the Commission for review and, if necessary, the consideration of additional conditions to alleviate any parking problems. Planning Commission Staff Report February 14, 2008 Page 5 of 6 Item No.: 3 File No.: PL2006-001UP 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 14th day of February, 2008, by the City of Rohnert Park Planning Commission by the following vote: Amy Ahanotu, Chairperson, City of Rohnert Park Planning Commission Attest: aw' ( " usan Azevedo, ecording Secretary AYES: NOES: O ABSENT: ABSTAIN: ADAMS ✓ AHANOTU ARMSTRONG '� CALLINAN KILAT O Planning Commission Staff Report February 14, 2008 Page 6 of 6