2012/09/13 Planning Commission ResolutionPIANNDNG CONIMNIISSION RESOL,UIION NO.2012-23
ARESOIUIION OFIMPLANNINGCOMMISSION OFTIIE
CLIYOFROHNERrPAIK,C11] DRVA,APPROMNGACONDIIIONALUSEPH;MWFOR
MODIFICATION OF AN EXBMG LATIKE WIRELESS ANIEVNA SIRUCTORE
(Tom Swarner for AT&TMobility)
WHEREAS, the applicant, Tom Swarner for AT&T Mobility, filed Planning Application
No. PL2012-027UP for approval of a Conditional Use Permit to allow the replacement of
existing antennas to an existing antenna structure located at 5850 Labath Avenue (APN 143-040-
118), in accordance with the City of Rohnert Park Municipal Code;
WfIEREAS, Planning Application No. PL2012-027UP was processed in the time and
manner prescribed by State and local law;
WI3FREAS, 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;
VVBEREAS, on September 13, 2012, the Planning Commission reviewed Planning
Application No. PL2012-027UP 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,
WIIFRFAS, at the September 13, 2012, 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. PL2012-027UP;
NOW, THUMOW,I AING COMMISSION OF TBE CHY OF 'I I IIY PARKDOES
' IJ 1 DEEERNHNE AND ORDERAS FOUDWS:
Section 1. That the above recitations are true and correct.
Section 2. Factors considered. The Planning Commission, in approving Planning
Application No. PL2012-027UP, 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 an existing facility with the two small buildings screened by the television
station building and the chain link fence. There is no way to screen the 100 -foot high
lattice antenna tower. The new antennas will replace some existing antennas. The
addition of replacement antennas will not have an adverse visual impact.
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 is partially screened by the
adjacent television station office building and the school district offices. The antenna has
been at this location for many years with no apparent impact on the surrounding area or
uses.
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 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, Class 1 Section 15301 (Existing Facilities).
NOW TMdFORE BE IT RENOLVED, that the Planning Commission does hereby approve
Planning Application No. PL2012-027UP 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.
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. The gate to the equipment shelter shall remain locked at all times.
9. All ground mounted equipment shall be covered with a clear anti -graffiti type paints or
materials.
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.
11. The site shall be maintained in a weed free, litter free condition at all times.
BEUFU UM RES VID 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.
DULYANDREGULAidYADOPUD on this 13th day of September, 2012 by the City of Rohnert
Park Planning Commission by the following vote:
AYES: � NOES: ABSENT:' ABSTAIN:
S 1 ARMSTRONG I BORBA V GIUDICE_A� HAYDON
Sus4h Adams, Chairperson, RohneQrt Park Plain
Attest:
/'Susan Azevedo, Mecording Secretary