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2012/05/10 Planning Commission ResolutionPLANNING COMMMISSION RESOLUTION NO. 2OI2.I2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT PARK CALIFORNIA, APPROVING CONDITIONAL USE PERMIT FOR MODIFICATION OF AN EXISTING CELLULAR ANTENNA TOWERS AT s200 couNTRy CLUB DRrVE (ApN 143-311-0s4) (Tom Swarner for AT&T Mobility) \ryHEREAS, the applicant, Tom Swarner for AT&T Mobility, filed Planning Application No. PL2012-010UP for Conditional Use approval to allow the increase in the number of antennas on three (3) Monopine structures located at 5200 Country Club Drive (APN 143-3ll- 054), in accordance with the City of Rohnert Park Municipal Code; WHEREAS, Planning Application No. PL2012-0lOUP was processed in the time and manner prescribed by State and local law; \ilHEREAS, 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 10,2012, the Planning Commission reviewed Planning Application No. PL20l2-0lOUP 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. PL20l2-0lOUP; NO\ry, 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. PL20l2-0l0UP, makes the following factors, to wit: A. That the proposed locatíon of the condítional 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 Section of the ZoningOrdinance 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 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 conditional use and the conditions under which it would be operated or maintaíned wíll not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicínity. Criteria Satisfied. The project has been in existence for many years with no apparent adverse impacts on the surroundingarea. 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 conditional use will comply with each of the applicable provisions of this Title. Criteria Satisfied. The project, with StafÊrecommended 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. PL20l2-0lOUP subject to the following conditions: l. 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 for the project. 5. The project is approved as shown in Exhibits A thru F, 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 removingany 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 April 2, 2012. 9. The existing Antenna Site License Agreement with the City of Rohnert Park shall be amended to address the proposed modifipations. 10. A fire extinguisher shall be installed as prescribed by California Fire Code standards and be in a cabinet on the outside of the building. I l. AT&T shall notify the Rohnert Park Public Safety Department prior to commencing any work on modification to the three antenna structures or installation of additional equipment in the enclosure. 12. Prior to the addition of antennas to the three antenna structures and installation of new equipment in the enclosure, AT&T shall provide documentation to the Rohnert Park Public Safety Department that there will be no interference created for the Public Safety communication equipment. 13. AT&T shall cooperate with the City of Rohnert Park regarding the installation of Public Safety related equipment and City data network equipment to the existing antenna towers. 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, providing there are no appeals. DULY AND REGULARLY ADOPTED on this lOth day of May, 2012by the City of Rohnert Park Planning Commission by the following vote: AYES: ' ABSENT: 2 ABSTAIN:NOES: ADAMS ARMSTRONG Y B'RBA V I HAYDoN il"GIUDrcEfrIzJ I Susan Adams, Chairperson, Rohnert Park Planning Commission