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Statement of Council Member Amy Ihlan in Support of Proposed Amendment to Roseville Code Section 1007.015 (Industrial Uses and Zoning Districts) I support the proposed amendment to Roseville's industrial zoning code because it clarifies what is already prohibited under our existing code. The staff's memorandum states that the proposed asphalt plant "is considered a permitted use" under Roseville's industrial zoning code. Whether the proposed asphalt plant is permitted under our industrial code is ultimately for the city council to decide. The council has not yet had the chance to consider that question. The council should have a hearing and vote on this issue, because based on what we now know about the scope and operations of the proposed plant, and the evidence and comments received in the industrial review process, the asphalt plant is not permitted under our current standards in Roseville Code Section 1007.010(D) (including standards for noise, smoke and particulate matter, toxic or noxious matter, odors, vibrations, glare or heat). If the city has evidence that the proposed plant can't meet the operating standards in the industrial zoning code, then it's not permitted under the code and there's no basis for granting land use approval. Our current code also contains a provision in Section 1007.015 prohibiting industrial uses of chemicals involving "noxious odors or dangers from fire or explosives." Section 1002.02 defines "noxious matter" as Material which is capable of causing injury or malaise to living organisms or is capable of causing detrimental effect upon the health of the psychological, social or economic well -being of human beings. We have learned from the environmental review process that the proposed asphalt plant will involve noxious chemicals under this definition thus the plant is not a permitted industrial use. The proposed plant does not fit within any of the other currently permitted uses described in Section 1007.015. For these reasons, the proposed asphalt plant is already prohibited under Roseville's industrial zoning code, and for the same reasons, the other industrial uses the amendment adds to the code are also already prohibited (by specific language in the uses chart, under the performance standards, or under the general prohibition against industrial uses involving noxious or dangerous chemicals). I support the proposed industrial uses involving noxious or dangerous chemicals). I support the proposed amendment because it makes these already- existing prohibitions more clear. Council Member Amy Ihlan October 11, 2010