2013/03/28 Planning Commission ResolutionPLANNING COMMISSION RESOLUTION NO. 2013-14
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT
PARK, CALIFORNIA, FILE NO. PL2013-001SR/UP: ADOPTION OF THE NEGATIVE
DECLARATION AND APPROVING SITE PLAN AND ARCHITECTURAL REVIEW
AND CONDITIONAL USE PERMIT TO ALLOW AN ELECTRONIC LED MESSAGE
CENTER SIGN LOCATED ON THE WEST SIDE OF COMMERCE BOULEVARD AT
STATE FARM DRIVE IN THE COMMERCE BOULEVARD RIGHT-OF-WAY AND
ADJACENT TO HIGHWAY 101
WHEREAS, the applicant, Tom Jackson on behalf of Veale Investment Properties has
filed Planning Application No. PL2013-001 SR/UP for Site Plan and Architectural Review, and
Conditional Use Permit approval to allow a digital freeway message center sign in the
Commerce Boulevard right-of-way between Commerce Boulevard and Highway 101 and in
accordance with the City of Rohnert Park Municipal Code;
WHEREAS, Planning Application No. P1,2013-001SR/UP was processed in the time
and manner prescribed by State and local law;
WHEREAS, an Initial Study and Negative Declaration was prepared in conformance
with the requirements of the California Environmental Quality Act (CEQA);
WHEREAS, on February 6, 2013, the Draft Initial Study and Proposed Negative
Declaration were circulated through the State of California Office of Planning and Research for a
period of no less than 30 days; a Notice of Intent to Adopt a Negative Declaration was published
on March 8, 2013 in the Community Voice and a public hearing notice was published in the
Press Democrat and mailed to adjacent property owners within 300 feet of the project
alignment;
WHEREAS, on March 28, 2013, the Planning Commission reviewed Planning
Application No. PL2013-001 SR/UP during a scheduled public meeting at which time interested
persons had an opportunity to testify regarding the Draft Initial Study and Negative Declaration
and either in support or opposition to the project;
NOW, THEREFORE, THE PLANNING COMMISSION 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 Planning Commission, in approving Planning Application
No. PL2013-001 SR/UP makes the following findings, to wit:
1. The proposed location of the conditional use is consistent with the objectives of the Zoning
Ordinance and the purpose of the district in which the site is located.
The proposed location is in the right-of-way of Commerce Boulevard which allows an
electronic LED message center sign as a conditionally permitted use because the sign
location is adjacent to a major arterial or highway. The applicant has applied for the required
use permit, site plan and architectural review.
2. That the proposed location of the 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 and that the operation and
maintenance of the use will be compatible with the surrounding uses.
The project will not have a negative effect on the public health, safety, or welfare or be
materially injurious to properties or improvements in the vicinity. There is an existing
electronic message center sign at this location that will be replaced by the proposed sign.
The brightness of the sign will be regulated during the day time and night time hours to
reduce the impact on the surrounding properties to a less than significant level.
3. The proposed use will comply with each of the applicable provisions of this title.
The reader board sign will be located in the public right-of-way adjacent to a major highway
as provided for in the Zoning Ordinance. The applicant has also applied for Conditional Use
Approval, Site Plan Review and Architectural Review for the proposed electronic message
center sign and the project will comply with all applicable Zoning Ordinance standards.
Section 3. Environmental Clearance.
1. An Initial Study was prepared for the project, and on the basis of substantial evidence in
the whole record before the Planning Commission, there is no substantial evidence that
the project will have a significant effect on the environment, therefore a Negative
Declaration will be adopted which reflects the lead agency's independent judgment and
analysis. The City of Rohnert Park Planning Division shall maintain the record of the
proceeding on which this decision is based.
2. The project will not result in an impact to endangered, threatened or rare species or their
habitats, including but not limited to plants, fish, insects, animals and birds. There are no
native species or plants, no unique, rare, threatened, or endangered species of plants, no
sensitive native vegetation on or adjacent to the site. Further, there is no indication that
any wildlife species exist, or that the site serves as a migration corridor. A no effect
determination has been made by the Department of Fish and Game for a fee exemption
because the project will have no impact on wild life.
NOW THEREFORE BE IT RESOLVED, that the Planning Commission does hereby
certify the Negative Declaration and approve Planning Application No. PL2013-001SR/UP to
allow a digital freeway message center sign, subject to the following conditions:
1. Expiration of Approval — Pursuant to the City of Rohnert Park Municipal Code, this approval
shall expire one year from the Planning Commission approval date, unless prior to the
expiration a building permit is issued (if required) for any improvements and construction is
commenced and diligently pursued toward completion and/or the use is initiated, or an
extension is requested and approved.
2. Conformance with Municipal Code and Other Agency Plans — All improvements shall
comply with all applicable sections of the City of Rohnert Park Municipal Code and any
other applicable relevant plans of affected agencies.
3. The applicant shall obtain all necessary permits and clearances from the Rohnert Park
Building Department.
4. The project is approved as shown in Exhibits A -N, except as conditioned or modified below.
5. The total height of the sign shall not exceed 50 feet and the area of the electronic reader
board shall not exceed 672 square feet (14 feet by 48 feet).
6. The maximum brightness level for the electronic reader board sign shall not exceed 0.3 foot
candles over ambient light levels per Outdoor Advertising Association of America
guidelines.
7. An automatic ambient light monitor shall be installed on the sign to automatically adjust the
brightness level of the electronic sign based on the ambient light conditions to conform to the
light levels in condition 6 above.
8. The face of the digital reader board shall be provided with louvered LED clusters in every
pixel to reduce sky glow during the night time.
9. Upon submittal of a sign permit application, a statement shall be provided from a qualified
lighting or sign consultant indicating that the sign has been designed to comply with the
illumination standard indentified in Condition 6. Within one week after the sign is activated,
a qualified lighting consultant/electrical engineer shall measure the sign intensity at the sign
face and confirm compliance with the lighting standard. Written verification of compliance
shall be provided to the Development Services Department within one week following sign
activation.
10. Changes of image shall be instantaneous as seen by the human eye and shall not use blinking,
fading, rolling, shading, dissolving or similar effects as part of the change.
11. The "dwell time" for each advertisement shall be a minimum of 6 -seconds.
12. Video technology in the sign shall contain a default design that will freeze the device and
message in one position with no more than a maximum illumination of 0.3 foot candles over
ambient light levels if a malfunction occurs.
13. All necessary permits/approvals must be obtained from the California Department of
Transportation (Caltrans) prior to Development Services Department approval of the
Sign/Building Permit.
14. The sign shall not be highlighted or illuminated with additional direct or indirect lighting,
(e.g., floodlighting) other than the interior illuminated band saying "City of Rohnert Park"
and the "City Seal".
15. The applicant shall utilize a graffiti -resistant paint or other suitable finish on the sign
Structure.
16. Advertisements that display moving images, flashing, blinking, animation, scrolling, or
intermittent light are prohibited in accordance with the State of California Business and
Professions Code.
17. All electrical service to the sign shall be placed underground and electrical service to the face
of the sign shall be placed within the sign structure so as not to be visible from the exterior.
18. All electronic equipment to control the electronic digital message center sign shall be
screened by the sign structure.
19. The applicant shall apply for and obtain an encroachment permit from the Development
Services Department prior to any work being conducted within the City right-of-way.
20. Existing public facilities damaged during the course of construction shall be repaired by the
applicant, at the applicant's expense to the satisfaction of the City.
21. Violations of the Conditional Use Permit or any provision of the Municipal Code Chapter
17.25 Article XIV may be cause for revocation of this Conditional Use Permit.
22. The applicant shall maintain around the base of the sign and the entire lease area in a weed
free, litter free and attractive condition at all times.
BE IT FURTHER RESOLVED that said action shall not be deemed final until the
appeal period has expired and that the appeal period shall be 10 working days from the date of
said action. No building permits shall be issued nor shall the use be initiated until the appeal
period has expired, providing there are no appeals.
DULY AND REGULARLY ADOPTED on the 28th day of March, 2013, by the City of
Rohnert Park Planning Commission by the following vote:
AYES: 4 NOES: ABSENT: I ABSTAIN:
ADAMS I ARMSTRONG Y BORBA "I" GIUDICEYDON
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Chairperson Susan Adams, Rohnert Park Planning Commission
Attest: Gr n^
Susan Azevedo, ecording Secretary
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