2013/09/12 Planning Commission ResolutionPLANNING COMMISSION RESOLUTION NO. 2013-22
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROHNERT PARK, CALIFORNIA, APPROVING A CONDITIONAL USE
PERMIT FOR A WIRELESS ANTENNA STRUCTURE AND AN ENCLOSURE FOR
SUPPORTING ELECTRONIC EQUIPMENT
(Michael Mooney for Capital Telecom Representing AT&T)
WHEREAS, the applicant, Michael Mooney representing Capital Telecom, filed
Planning Application No. PL2013-042UP for approval of a Conditional Use Permit to allow the
construction of a cellular antenna and an enclosure for supportive electronic equipment located at
5980 State Farm Drive (APN 143-021-080), in accordance with the City of Rohnert Park
Municipal Code;
WHEREAS, Planning Application No. PL2013-042UP was processed in the time and
manner prescribed by State and local law;
WHEREAS, public hearing notices were mailed to all property owners within a 300 foot
radius of the subject property and to all agencies and interested parties as required by California
State Planning Law, and a public hearing notice was published in the Community Voice for a
minimum of 10 days prior to the first public hearing;
WHEREAS, on September 12, 2013, the Planning Commission reviewed Planning
Application No. PL2013-042UP during a scheduled public meeting at which time interested
persons had an opportunity to testify either in support of or opposition to the project; and,
WHEREAS, at the September 12, 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. PL2013-042UP;
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. Factors considered. The Planning Commission, in approving Planning
Application No. PL2013-042UP, makes the following factors, to wit:
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 is located behind a landscaped parking lot with large mature trees and shrubs that
will screen the antenna and supporting electronic equipment from view from State Farm
Drive.
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.
Criteria Satisfied. The antenna is in a remote location that is not readily accessible to the
general public. The antenna and related electronic equipment will be screened by the
mature landscaping on the existing parking lot.
C. 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 screened in the manner required by the Ordinance.
Section 3. Environmental Clearance. The project is categorically exempt from the
California Environmental Quality Act, Article 19, 15332 In -Fill Development projects, Class 31
(a) through (d).
NOW THEREFORE BE IT RESOLVED, that the Planning Commission does hereby
approve Planning Application No. PL2013-042UP subject to the following conditions:
1. The Conditional Use Permit approval shall expire one year from the Planning
Commission 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 facility shall comply with any and all applicable provisions of the Rohnert Park
Municipal Code and any state or federal agency including, but not limited to, the Federal
Communications Commission (FCC) and the Federal Aviation Administration (FAA).
3. Certification must be provided that the proposed facility will at all times comply with all
applicable health requirements and standards pertaining to electromagnetic and/or radio
frequency radiation.
4. The applicant shall obtain all necessary permits and clearances from the Rohnert Park
Building and Public Safety Departments for the project.
5. The project is approved as shown in Exhibits A thru I, except as conditioned or modified
below.
6. The applicant shall provide the following for the proposed facility:
a. The name of a contact person for site access shall be provided on signage
attached to the access gate to the enclosure and remain clearly visible.
7. At any time that part of the proposed antennas, shelters, or wiring enter into a state of non-
use, the burden of removing any and all non -used equipment shall remain on the applicant.
8. The gate to the equipment shelter shall remain locked at all times.
9. A fire extinguisher shall be installed as prescribed by California Fire Code standards and
be in a cabinet on the outside of the building.
10. The site shall be maintained in a weed free, litter free condition at all times.
11. There shall be no barbed or razor wire on the chain link fence enclosure
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 until the appeal period has expired.
DULY AND REGULARLY ADOPTED on this 12th day of September, 2013 by the
City of Rohnert Park Planning Commission by the following vote:
AYES: � NOES: ABSENT:. I ABSTAIN:
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