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2004/07/27 City Council ResolutionRESOLUTION NO. 2004-187 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK, CALIFORNIA, DENYING AN APPEAL OF A USE PERMIT TO ALLOW THE INSTALLATION OF AN ANTENNA ARRAY ON A MODIFIED LIGHT POLE AND THE INSTALLATION OF ACCESSORY EQUIPMENT ON PROPERTY LOCATED AT MAGNOLIA PARK (Jennifer Donnelly /Cal Com Systems /Verizon Wireless) WHEREAS, the Planning Commission approved a use permit to allow the installation of an antenna array on a modified light pole and the installation of accessory equipment at Magnolia Park, located at the intersection of Madison Avenue and Manchester Drive, in accordance with the City of Rohnert Park Municipal Code; WHEREAS, the appellants, Jay and Jeanie Simon, filed an appeal of the Planning Commission's decision; WHEREAS, pursuant to California State Law, public hearing notices were transmitted to all property owners within a 300 foot radius of the subject property, and a public hearing notice was published for a minimum of 10 days prior to the public hearing on the appeal in the Press Democrat; WHEREAS, on July 27, 2004, the City Council held a public hearing at which time interested persons had an opportunity to testify either in support of or opposition to the appeal; and, WHEREAS, the City Council of the City of Rohnert Park has reviewed and considered the information contained in the Staff Report and all relevant materials regarding the appeal. NOW, THEREFORE, THE CITY COUNCIL 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 City Council, in denying the appeal of Planning Application No. PL2004- 003UP: hereby affirms the following findings, to wit; Use Permit PL2004 -003 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 which the site is located. Criteria Satisfied. The Communications Facilities Ordinance of the Zoning Ordinance seeks to ensure that telecommunications facilities are sited in areas that can be "screened by existing development, topography, or vegetation to the extent feasible." The proposed project would replace an existing light pole in Magnolia Park with a similar pole designed to accommodate the lights along with a new antenna array housed in a radome, so no significant visual impact is expected from this project. The equipment enclosure would be designed to complement other existing buildings on the site and landscaping would be provided to further integrate this new structure into the park site. 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. (Reso. No. 2004 -187) Page 2 of 3 C. Criteria Satisfied. The project would replace an existing light pole with a similar one featuring an antenna array housed within a radome. The proposed light pole would not be markedly different in appearance from the existing installation and the location is far removed from other area properties, therefore, impacts on these properties should be minimized. The facility will be required to comply with all applicable rules and regulations regarding this type of facility, including the requirements of the Federal Communications Commission (FCC). D. That the proposed conditional use will comply with each of the applicable provisions of this Title. Criteria Satisfied. The project, with Staff - recommended conditions, would be in keeping with the City's Communications Facility Ordinance, in that visibility of the facility would be effectively minimized in the manner required by the Ordinance. 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 15303 (Class 3 — Limited New Structures). NOW THEREFORE BE IT RESOLVED, that the City Council does hereby deny the appeal and affirm the Planning Commission's approval of Application No. PL2004 -003UP subject to the following conditions: 1. The use permit approval shall expire one year from the City Council approval date, unless prior to the expiration a building permit is issued 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 (e.g. the FCC). 3. The applicant shall obtain all necessary permits and clearances from the Rohnert Park Building and Public Safety Departments for the project. 4. A final landscape plan shall be submitted for Planning Staff review and approval. This plan shall show the new landscaping extended to the south side of the new equipment enclosure and terminating at the gate location. 5. The replacement pole shall be finished in the same manner as the existing light poles within the vicinity. 6. All power lines serving the new facility shall be underground. 7. No access within 12 feet of the array shall be allowed while the system is operational. Explanatory warning signs shall be posted on the light pole regarding this restriction, with contact information provided for those having to access equipment on the installation. 8. The applicant shall work with Staff on a redesign on the equipment enclosure to better integrate it into the site and the existing buildings. The final design of the enclosure shall be subject to Planning Commission approval. (Reso. No. 2004 -187) Page 3 of 3 9. Any future applications for changes to the size and /or shape of the array (i.e. an increase in the number of antennas used) or which may result in an increase in the radio frequency ( "RF ") emissions from the array shall be submitted to the Planning Director or his /her designee for review. A revised RF study from a registered professional electrical engineer for the State of California shall accompany any application that may increase RF emissions from the array. If the Planning Director /designee determines that the change would result in an increase in the size of the array or in the size of the equipment enclosure, or the RF study concludes that the RF emissions of the array may exceed the standards for limiting human exposure to RF emissions adopted by the Federal Communications Commission, the application shall be referred to the Planning Commission for review and approval. DULY AND REGULARLY ADOPTED on this 27`x' day of July, 2004, by the City of Rohnert Park City Council by the following vote: CITY OF ROHNERT PARK ayor Wegory k. N FLORES: ASSENT MACKENZIE: AYE SPRADLIN: ABSENT VIDAK MARTINEZ: AYE NORDIN: AYE AYES: (3) NOES: (0) ABSENT: (2) ABSTAIN: (0)