2011/11/10 Planning Commission ResolutionPLANNING COMMMISSION RESOLUTION NO. 2OII.24
A RESOLUTION OF'THE PLANNING COMMISSION OF THE
CITY OF ROHNERT PARK, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT FOR MODIFICATION OF AN EXISTING CELLULAR ANTENNA TO\ilER
AT 1501 MTDDLEBROOK WAY (APN 047-s00-008)
(Allen Fink for Verizon Wireless)
\ilHEREAS, the applicant, Allen Fink for Verizon V/ireless, filed Planning Application
No. PL20l1-033 for Conditional Use approval to allow the replacement of existing antennas on a
Magnolia Park light pole structure located at 1501 Middlebrook Way (APN 047-500-008), in
accordance with the City of Rohnert Park Municipal Code;
WHEREAS, Planning Application No. PL2011-033UP 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 10 days prior to the first public hearing;
WHEREAS, on November 10, 2011, the Planning Commission reviewed Planning
Application No. PL2011-033UP 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 November 10,2011, 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. PL20L1-033UP;
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
ROHNERT PARK DOES RESOLVE, DETERMINE AND ORDER AS FOLLOTilS:
Section 1. That the above recitations are true and correct.
Section 2. Factors considçred. The Planning Commission, in approving Planning
Application No. PL2011-033UP, makes the following factors, to wit:
A. That the proposed location of the conditional use is in accordwith the objectives of the
zoning ordínance and the purposes of the district inwhich the site ís 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
B,
project is an existing facility with a small building containing the electronic equipment
for the antenna. There is no way to screen the light pole with the antenna. The new
antennas will replace the existing antennas and will not have a new negative visual
impact.
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, safely, 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 surrounding 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.
That the proposed conditional use will comply with each of the applicable provisians of
this Títle.
C.
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 minimizedinthe 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. PL2011-033UP 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 and Public Safety Departments for the project.
5. The project is approved as shown in Exhibits A thru H, except as conditioned or modified
below.
The applicant shall provide the following for the proposed facility:
a. The name of a contact person for sitç access shall be provided on signage
attached to the structure and remain clearly visible.
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.
Signs shall be placed at the antennas or poles below the antennas, per the
recommendation in the in the report by Hammett and Edison, Inc, Consulting Engineers,
warning maintenance workers of occupational exposure to the radio frequency energy
from the antennas.
9. All ground mounted equipment shall be covered with a clear anti-graffrti 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.
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 10th day of November,2ùll by the City
of Rohnert Park Planning Commission by the following vote:
NOES: ABSENT:!
¡ABSTAIN:
6.
7.
8.
4AYES:
JADAMS ¿
David A
oNG Y BoRBA IUDICE Y HAYDoN ifun t^l
strongl Chairperson, Rohnert P Planning Commission