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2013/01/24 Planning Commission Resolution (5)PLANNING COMMMISSION RESOLUTION NO. 2OI3.O5 A RESOLUTION OF THE PLANNING COMMISSION OF THE crTy oF ROHNERT PARK CALrFORtlrA, FINDING CONSISTENCY \ilITH THE GENERAL PLAN 2O2O FOR A QUIT CLAIM DEED TERMINATING AN EXISTING ACCESS EASEMENT AND APPROVING AND AUTHORIZING A GRANT OF ACCESS EASEMENT TO RURAL CALIFORNIA BROADCASTING CORPORATION (KcRB) (City of Rohnert Park) \ilHEREAS, the City of Rohnert Park proposes entering into a Quit Claim Deed terminating an existing access easement and approving and authorizing a Grant of Access Easement to Rural California Broadcasting Corporation (KCRB), in accordance with the City of Rohnert Park Municipal Code; WHEREAS, Planning Application No. PL2012-042GP was processed in the time and manner prescribed by State and local law; WHEREAS, on January 24,2013, the Planning Commission reviewed Planning Application No. PL20L2-042GP during a public meeting at which time interested persons had an opportunity to testify either in support of or opposition to the project; and, \ryHEREAS, at the January 24,2013, Planning Commission meeting, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the Commission considered all the facts relating to Planning Application No. PL20|2'042GP; NO\ry, THEREFORE' THE PLANNING COMMISSION OF THE CITY OF ROHNERT PARK DOES RESOLVE, DETERMINE AND ORDER AS FOLLO\ilS: Section 1. That the above recitations are true and correct. Section 2. The twenty (20) foot access easement is required for maintenance vehicles to gain access to antennas and electronic equipment for KCRB and for a cellular tower. Section 3. The area in which the access easement is located is not developable because of its location and narrow shape. Section 4. Factors considered. The Planning Commission, in finding that the Quit Claim Deed terminating an existing access easement and approving and authorizing a Grant of Access Easement to Rural California Broadcasting Corporation (KCRB) was consistent with the General Plan2020 makes the following factors, to wit: GM-H Minímize the ímpacts-physical, visual andfiscal-of growth and annexatíon on exísting homes and businesses. The loss of the existing twenty (20) foot wide temporar)¡ access easement because of the adjacent residential development would neeatively impact the KCRB business by loss of access to their equipment by maintenance vehicles. The creation of the new access easement will mitigate this impact. Section 3. An Environmental Impact Report (EIR), SCH #2005042111, was certified for the Stadium Area Master Plan. The EIR included the existing KRCB facilities as part of the Stadium Area Master Plan and no further CEQA action is required for modification to the access easements. NOW THEREFORE BE IT RESOLVED, that the Planning Commission does hereby find that a Quit Claim Deed terminating an existing access easement and approving and authorizing a Grant of Access Easement to Rural California Broadcasting Corporation (KCRB) is consistent with the General Plan2020. DULY AND REGULARLY ADOPTED on this 24th day of January,z}l3 by the City of Rohnert Park Planning Commission by the following vote: AYES: 4 NoES:ABSENT: I ABSTAIN NG BORBA Y cruDrcE Í-HAYDoN Lbt*,,[ Chairperson,Park Planning Commission I