2012/05/10 Planning Commission Resolution (3)PLANNING COMMMISSION RESOLUTION NO. 2OI2.IO
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROHNERT PARK, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT FOR MODIFICATION OF AN EXISTING CELLULAR ANTENNA TOWER
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7471BERNTCE AVENUE (ApN 143-160-008)
(Tom Swarner for AT&T Mobility)
\ryHEREAS, the applicant, Tom Swarner for AT&T Mobility, filed Planning Application
No. PL2012-01lUP for Conditional Use approval to allow the increase in the number of
antennas on a Monopine structure located at747l Bernice Avenue (APN 143-160-008), in
accordance with the City of Rohnert Park Municipal Code;
WHEREAS, Planning Application No. PL20l2-011UP 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 l0 days prior to the first public hearing;
\ryHEREAS, on May 10,2072, the Planning Commission reviewed Planning Application
No. PL2012-011UP 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 May 10, 2012, Planning Commission meeting, upon hearing and
considering all testimony and arguments, if any, of all persons desiring to be heard, the Planning
Commission considered all the facts relating to Planning Application No. PL2012-011UP;
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. PL20l2-0l lUP, makes the following factors, to wit:
A. That the proposed location of the conditional use ís 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 an existing facility with a small building containing the electronic equipment
for the antenna. The antenna structure is in the form of a tree screening the antennas
fi'om view from the surrounding area. The modification to the existing Monopine
structure will not have a new negative visual impact on the surroundin g area.
B. That the proposed location of the conditionctl use and the condítíons 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 project has been in existence for many years with no apparent
adverse impacts on the sunounding area. A Radio Frequency (RF) analysis performed by
an independent engineer firm indicates that the RF from the antenna will comply with the
FCC guidelines limiting public exposure to RF energy.
C. That the proposed condítional use will comply with ectch 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, Article 19, Section 15301 (Existing Facilities).
NOW THEREFORE BE IT RESOLVED, that the Planning Commission does hereby
approve Planning Application No. PL20l2-01lUP 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 perrnit 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 G, 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 structure 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. Signs shall be placed at the antennas or poles below the antennas, per the recommendation
in the Radio Frequency Compliance Report by EBI Consulting dated April2, 2012.
9. The existing Antenna Site License Agreement with the City of Rohnert Park shall be
amended to address the proposed modifications.
10. A fire extinguisher shall be installed as prescribed by Califomia Fire Code standards and
be in a cabinet on the outside of the building.
BE IT FURTHER RESOLVED rhar 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, providing
there are no appeals.
DULY AND REGULARLY ADOPTED onthis lOth day of May,2012by the City of
Rohnert Park Planning Commission by the following vote:
AYES: 4 ABSENT: 2 ABSTAIN:NOES:_
ADAMS Y ARMSTRoNc I BoRBA y cruDrc;,t |
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* 14 It
Susan Adams, Chairperson,ohnert Pà Planning Commission