2011/03/10 Planning Commission ResolutionPLANNING COMMISSION RESOLUTION NO. 2011.05
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT
PARK, CALIFORNIA, FILE NO. PL2010-052SR/UP: ADOPTION OF A NEGATM
DECLARATION AND APPROVING SITE PLAN AND ARCHITECTURAL REVIEW
AND USE PERMIT TO ALLO\ry AN ELECTRONIC LED MESSAGE CENTER SIGN
LOCATED ON THE \ryEST SIDE OF COMMERCE BOULEVARD AT STATE FARM
DRIVE IN THE COMMERCE BOULEVARD RIGHT.OF.WAY AND ADJACENT TO
HIGHWAY 101
WHEREAS, the applicant, Clark B. Heist on behalf of N2 Holdings, Inc., has filed
Planning Application No. PL2010-052SR/UP for Site Plan and Architectural Review and
Conditiınal-Use Permit approval to allow an electronic message center sign'in the Commerce
Boulevard right-of-way between Commerce Boulevard and Highway l0l and in accordance with
the City of Rohnert Park Municipal Code;
\ryHEREAS, Planning Application No. PL20I0-052SR/UP was processed in the time
and manner prescribed by State and local law;
\ryHEREAS, nn Initial Study and Negative Declaration was prepared in conformance
with the requirements of the California Environmental Quality Act (CEQA);
WHEREAS, on September 16, 2010, the Draft Initial Study and Proposed Negative
Declaration were circulated for a period of no less than 30 days and a Notice of Intent to Adopt a
Negative Declaration and a public hearing notice was PUBLISHED in the Community Voice
and mailed to adjacent property owners within 300 feet of the project alignment;
\ilHEREAS, on March 10, 2011, the Planning Commission reviewed Planning
Application No. PL2}ll-052SR/UP during a scheduled public meeting at which time interested
persons had an opportunity to testify regarding the Draft Initial Study and Negative Declaration
and either in support or opposition to the project;
NO\ry, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
ROHNERT PARK DOES RESOLVE, DETERMINE AND ORDER AS FOLLOIilS:
Section 1. That the above recitations are true and correct.
Section2. EnvironmentalClearance.
1. An Initial Study was prepared for the project, and on the basis of substantial evidence in the
whole record before the Planning Commission, there is no substantial evidence that the
project will have a significant effect on the environment, therefore a Negative Declaration
will be adopted which rçflects the lead agency's independent judgment and analysis. The
City of Rohnert Park Planning Division shall maintain the record of the proceeding on which
this decision is based.
2. The project wilt not result in an impact to endangered, threatened or rare species or their
habitats, including but not limited to plants, fish, insects, animals and birds. There are no
native species or plants, no unique, rare, threatened, or endangered species of plants, no
sensitive native vegetation on or adjacent to the site. Further, there is no indication that any
wildlife species exist, or that the site serves as a migration conidor. A no effect
determination has been made by the Department of Fish and Game for a fee exemption
because the project will have no impact on wild life.
Section 3. Findings. The Planning Commission, in approving Planning Application
No. PL2010-052SRruP makes the following frndings, to wit:
l. The proposed location of the conditional use is consistent with the obiectives of the Zoning
Ordinance and the purpose of the district in which the site is located.
The proposed location is in the right-of-way of Commerce Boulevard which allows an
electronic LED message center sign as a conditionally permitted use because the sign
location is adjacent to a major arterial or highway. The applicant has applied for the required
use permit and site plan review.
2. That the proposed locatíon of the use and the condítions under which it would be operated or
maintained wíll not be detrimental to the public health, safety, or welfare, or materially
ínjurious to properties or improvements in the vícinity and that the operation and
maintenance of the use will be compatible with the surrounding uses.
The project will not have a negative effect on the public health, safety, or welfare or be
materially injurious to properties or improvements in the vicinity. There is an existing
electronic message center sign at this location that will be replaced by the proposed sign.
The brightness of the sign will be regulated during the day time and night time hours to
reduce the impact on the surrounding properties to a less than significant level.
3. The proposed use will comply with each of the applicable provisions of thís title.
The reader board sign will be located in the public right-of-way adjacent to a major highway
as provided for in the ZoningOrdinance. The applicant has also applied for Conditional Use
Approval and Site Plan Review of the proposed electronic message center sign and the
project will comply with all applicableZoningOrdinance standards.
NOIV THEREFORE BE IT RESOLVED, that the Planning Commission does hereby
approve Planning Application No. PL20I0-052SR/UP to allow an electronic LED message
center sign, subject to the following conditions:
I . Expiration of Approval - Pursuant to the City of Rohnert Park Municipal Code, this approval
shall expire one year from the Planning Commission approval date, unless prior to the
expiration a building permit is issued (if required) for any improvements and construction is
commenced and diligently pursued toward completion and/or the use is initiated, or an
extension is requested and approved.
2. Conformance with Municipal Code and Other Agency Plans - All improvements shall
comply with all applicable sections of the City of Rohnert Park Municipal Code and any
other applicable relevant plans of affected agencies.
3. The applicant shall obtain all necessary permits and clearances from the Rohnert Park
Building Department
4. The project is approved as shown in Exhibits A- I, except as conditioned or modified below.
5. The total height of the sign shall not exceed 50 feet and thç area of the electronic reader
board shall not exceed 381 square feet (14 feet 8 inches by 26 feet).
6. The maximum brightness level for the electronic reader board sign shall not exceed 5,000
nits when measured from the sign's face at its maximum brightness during daylight hours
and 500 nits when measured from the sign's face at its maximum brightness between dusk
and dawn.
7. An automatic ambient light monitor shall be installed on the sign to automatically adjust the
brightness level of the electronic sign based on the ambient light conditions to conform to the
nits in condition 6 above.
8. The face of the electronic reader board shall be recessed a minimum of two inches from the
cabinet face.
9. The face of the digital reader board shall be provided with louvered LED clusters in every
pixel to reduce sky glow during the night time.
10. Upon submittal of a sign permit application, a statement shall be provided from a qualified
lighting or sign consultant indicating that the sign has been designed to comply with the
illumination standard indentified in Condition 6. Within one week after the sign is activated,
a qualified lighting consultant/electrical engineer shall measure the sign intensity at the sign
face and confirm compliance with the lighting standard. V/ritten verification of compliance
shall be provided to the Development Services Department within one week following sign
activation.
11. Changes of image shall be instantaneous as seen by the human eye and shall not use blinking,
fading, rolling, shading, dissolving or similar effects as part of the change.
l2.The "dwell time" for each advertisement shall be a minimum of 6-seconds.
13. Video technology in the sign shall contain a default design that will freeze the device and
message in one position with no more than a maximum illumination of 500 nits if a
malfunction occurs.
14. All necessary permits/approvals must be obtained from the California Department of
Transportation (Caltrans) prior to Development Services Department approval of the
Sigr/Building Permit.
15. The sign shall not be highlighted or illuminated with additional direct or indirect lighting,
(e.g., floodlighting) other than the interior illuminated band saying "City of Rohnert Park".
16. The applicant shall utilize a graffrti-resistant paint or other suitable finish on the sign pole.
17. Advertisements that display moving images, flashing, blinking, animation, scrolling, or
intermittent light are prohibited in accordance with the State of California Business and
Professions Code.
18. All electrical service to the sign shall be placed underground and electrical service to the face
of the sign shall be placed within the sign pole so as not to be visible from the exterior.
19. The sign poles shall have a square pole configuration when completed.
20. The applicant shall apply for and obtain an encroachment permit from the Development
Services-Engineering Department prior to any work being conducted within the City right-
of-way.
21. Existing public facilities damaged during the course of construction shall be repaired by the
applicant, at the applicant's expense to the satisfaction of the City.
22.Yiolations of the Conditional Use Permit or any provision of the Municipal Code Chapter
17,25 Afücle XIV may be cause for revocation of this Conditional Use Permit.
23. The sign design/copy shall read (Rohnert Park - The Friendly City'at the highest point
of the sign cabinet. Additional language shall include'rHome of the Rancho Cotate
Cougars and Sonoma State Seawolves or similar at the lowest point of the sign cabinet.
24. Recommend to the City Council that within the sign contract with N2 Holdings that the
City Council shall have discretion/control as to sign content as appropriate.
25. Recommend that the City Council within their contract with N2 Holdings, reserves the
right at the discretion of the mayorþolice chief, the abilÍty to post city/regional
emergency alerts as necessary. Not to be included in the (ten percent) 107o set aside for
PSA's.
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 l0 calendar days from the date of
said action. No building permits shall be issued nor shall the use be initiated until the appeal
period has expired, providing there are no appeals.
DuLY AIII) REGULARLY ADOPTED on the 10ü day of March, z}ll,by the City of
Rohnert Park Pleririing Commission by the following vote:
dAYES: I NOES:ABSENT: I ABSTAIN:-
ADAMS/4þ'tåïîåt'oo*o Y B.RBA '/ cruDïcE L"o"oo*,/
I
Armshong, Rohnert Park Planning Commission