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processing generally does not include industrial processing from raw materials. (Ordinance <br />30 <br />1445, 7-8-2013) <br />31 <br />Regarding the formal review of an application for CU, the Planning Division offers the following <br />32 <br />legal standards the staff, Commission and City Council must use to evaluate any CU request <br />33 <br />against: <br />34 <br />The role of the City (Planning staff, Planning Commission, and City Council) is to determine the <br />35 <br />facts associated with a particular request and apply those facts to the legal standards contained <br />36 <br />in the ordinance and relevant state law. Given this specific statement, all information and facts <br />37 <br />surrounding the IU and its conditions of approval need to be placed aside so that the merits of <br />38 <br />this narrow use (production and processing as an accessory use engaged in by a single employee) <br />39 <br />can be properly considered against the established CU criteria in Section 1009 of the Zoning <br />40 <br />Ordinance. <br />41 <br />In general, if the facts indicate the application meets the relevant legal standards and will not <br />42 <br />compromise the public health, safety and general welfare, then the applicant is likely entitled to <br />43 <br />the approval. The specific issue in this case is whether the proposed limited metal fabrication <br />44 <br />activity, engaged in by a single employee, will affect adjacent properties and whether conditions <br />45 <br />need to be required to mitigate any impacts. Other issues such as the potential impacts from <br />46 <br />recent land use and zoning changes or the possible redevelopment of properties adjacent to or in <br />47 <br />close proximity to residential areas, are not relevant. <br />48 <br />The City is, however, able to add conditions to a CU approval to ensure that any significant <br />49 <br />negative impacts on and around the subject property are adequately addressed. This criteria is <br />50 <br />one that requires a review of the Code to determine whether potential impacts of a single <br />51 <br />employee fabricating sheet metal or other specialty items requires mitigations beyond those set <br />52 <br />forth in the Code. The Planning Division finds that the Code provides ample protections for the <br />53 <br />adjacent properties and that the buffering and screening requirements of Section 1011.03.B will <br />54 <br />sufficiently protect the adjacent residential properties from rear parking lot activities and vehicle <br />55 <br />headlights in the front parking lot. Therefore, our recommendation is that a screen fence be <br />56 <br />installed to screen the rear parking lot and additional landscaping be added in and around the <br />57 <br />front berm. <br />58 <br />PDR <br />59 <br />LANNING IVISION ECOMMENDATION <br />The request before the Planning Commission is complex and challenging given past and current <br />60 <br />unresolved easement issues. That said, this is not a Planning Case to be reviewed for anything <br />61 <br />other than the merits of production and processing as an accessory use. If it is determined by the <br />62 <br />Planning Commission that the addition of production and processing as an accessory use requires <br />63 <br />screen fencing placed between the building and the northern property line, doors shut during <br />64 <br />production and processing activities, and additional landscape of other improvement to address <br />65 <br />vehicle headlights in the front parking lot, than such conditions should be placed on the CU. <br />66 <br />The Planning Division has reviewed this specific and minor limited production and processing as <br />67 <br />an accessory use against all of the pertinent standards found in the Zoning Code and concludes <br />68 <br />limited production and processing as an accessory use meets/achieves compliance with all CU <br />69 <br />PF16-007_RPCA_040616 <br />Page 2 of 4 <br /> <br />