2012/05/24 Planning Commission Resolution (2)PLANNING COMMMISSION RESOLUTION NO. 2012.16
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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WHEREAS, the applicant, Sprint/Black and Veatch c/o Howard Yee, frled Planning
Application No. PL20l2-021P for Conditional Use approval to allow modification to the
antenna structure by replacing three of the existing antennas with new antennas at the same
location on the antenna structure located at 6340 Commerce Boulevard (APN 143-051-067), in
accordance with the City of Rohnert Park Municipal Code;
WHEREAS, Planning Application No. PL2012-02IUP 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 Califomia
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;
\ryHEREAS, on May 24,2012, the Planning Commission reviewed Planning Application
No. PL20l2-02lUP 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 l|llay 24,2012, 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. PL2012-02|UP;
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
ROHNERT PARK DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section l. That the above recitations are true and correct.
Section 2. Factors considered. The Planning Commission, in approving Planning
Application No. PL20l2-02lUP, 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 dístrict 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 located at the rear of two adjacent commercial
buildings in an area that is frequently used by the general public.. The modifrcation to
the existing antenna structure will not have a new negative visual impact on the
surrounding area.
B. That the proposed location of the conditional 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 ínjurious 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 surroundingarea. A Radio Frequency (RF) analysis performed by
an independent consulting 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 wíll comply with each of the applicable provisions of
thís Títle.
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. PL20l2-02lUP 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. Certifrcation 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 Department for the project.
5. The project is approved as shown in Exhibits A thru E, 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-Electromagnetic Energy (RF-EME) Compliance Report by EBI
Consulting dated November 30, 2011.
9. A frre extinguisher shall be installed as prescribed by California Fire Code standards and
be in a cabinet on the outside of the building.
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 24th day of May, 2012 by the City of
Rohnert Park Planning Commission by the following vote:
AYES: 1 NoES:ABSENT: .L ABSTATN:
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