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Resolution No. 2025-XX
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<br />impact community well-being. This action will promote a healthy
<br />neighborhood by addressing Money for Cans’ noncompliant small collection
<br />facility operations, which has created nuisance conditions and numerous
<br />health and safety violations.
<br />•Goal N-2: Noise Generators. Reduce the impact of known sources of noise
<br />and vibration.
<br />o Policy N-2.2 Stationary Related Noise. Minimize noise impacts from
<br />commercial and industrial facilities adjacent to residential uses or zones
<br />where residential uses are permitted.
<br />The revocation is consistent with this General Plan Noise Element goal and
<br />policy as the property, currently used as an small collection facility, poses a
<br />noise risk to the nearest residential development, which is approximately five
<br />feet away. The continued operation of the small collection facility, conflicts
<br />with the General Plan's goals and policies. The revocation will reduce noise
<br />impacts adjacent to the residential area, thereby ensuring that commercial
<br />operations respect the needs of existing neighborhoods and minimizes
<br />negative impacts on residents.
<br />Section 2. In accordance with the California Environmental Quality Act (CEQA), the
<br />project is categorically exempt from further review per Section 15321(a), (Class 21 –
<br />Enforcement Actions by Regulatory Agencies) of the CEQA Guidelines. The Class 21 exemption
<br />applies to actions by regulatory agencies to enforce or revoke a lease, permit, license, certificate,
<br />or other entitlement for use issued, adopted, or prescribed by the regulatory agency or
<br />enforcement of a law, general rule, standard, or objective, administered or adopted by the
<br />regulatory agency. Such actions include, but are not limited to, the following:
<br />(1) The direct referral of a violation of lease, permit, license, certificate, or entitlement for
<br />use or of a general rule, standard, or objective to the Attorney General, District Attorney,
<br />or City Attorney as appropriate, for judicial enforcement;
<br />(2) The adoption of an administrative decision or order enforcing or revoking the lease,
<br />permit, license, certificate, or entitlement for use or enforcing the general rule, standard,
<br />or objective.
<br />Planning Commission revocation of the Land Use Certificate is consistent with Section 15321.
<br />As such, a Notice of Exemption, Environmental Review No. 2025-22, will be filed for this project.
<br />Section 3. Upon the Planning Commission’s decision to uphold the revocation of the
<br />LUC, Appellant/Business Owner shall, at their sole cost and expense, completely remove all
<br />small collection facility operations on the subject property within 60 calendar days of the effective
<br />date of revocation, unless otherwise directed in writing by the City. The Appellant/Business
<br />Owner shall promptly notify the City in writing of any inability to comply with the conditions set
<br />forth in this LUC revocation within 48 hours of becoming aware of such non-compliance.
<br />Furthermore, the Appellant/Business Owner hereby agrees to fully cooperate with any and all
<br />City inspections and investigations related to compliance with this revocation. Such cooperation
<br />shall include, but not be limited to, providing access to the property, furnishing requested
<br />documentation, and making relevant personnel available for questioning, as deemed necessary
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