2011/12/08 Planning Commission Resolution (3)PLANNING COMMMISSION RESOLUTION NO. 20II.26
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROHNERT PARK CALIFORNIA, APPROVING MODIFICATION TO
CONDITIONAL USE PERMIT FOR ALTERATIONS TO AN EXISTING
TELECOMMUNTCATION FACILITY AT 7471BERNICE AVENUE (APN 143-160-008)
(Howard Yee for SprinlBlack and Veatch)
WHEREAS, the applicant, Howard Yee for SprinlBlack and Veatch, filed Planning
Application No. PL2004-03lUP 1't Modification to a Conditional Use Permit to allow the
replacement of existing antennas on a Benicia Park light pole structure located at747l Bernice
Avenue (APN 143-160-008), in accordance with the City of Rohnert Park Municipal Code;
\ilHEREAS, Planning Application No. PL2004-03lUP I't Modification 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 l0 days prior to the first public hearing;
\ilHEREAS, on December 8, 201I, the Planning Commission reviewed Planning
Application No. PL2004-03IUP I't Modifrcation during a scheduled public meeting at which
time interested persons had an opportunity to testifr either in support of or opposition to the
project; and,
WHEREAS, at the December 8,2011 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. PL2004-03lUP 1't
Modification;
NO\il, 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. PL2004-03IUP l't Modification makes the following factors, to wit:
A. That the proposed location of the condítíonal use is ín accord with the objectíves of the
zoníng ordinance and the purposes of the district in which the site is located.
Criteria Satisfied. The Communications Facilities Ordinance 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 new antennas will replace the existing antennas and will not have a
new negative visual impact.
B. That the proposed location of the condítíonal 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 vícínity.
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 wíll 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
Califomia Environmental Quality Act, Article 19, Section 15301 (Existing Facilities).
NOW THEREFORE BE IT RESOLVED, that the Planning Commission does hereby
approve Planning Application No. PL2004-031UP l't Modification 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 and Public Safety Departments for the project.
5. The project is approved as shown in Exhibits A thru I, 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.
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 EBI Consulting dated October 21,2011, warning
maintenance workers of occupational exposure to the radio frequency energy from the
antennas.
9. The equipment enclosure shall be covered with a clear anti-graffiti type paint or material.
10. A fire extinguisher shall be installed as prescribed by Califomia Fire Code standards
and be in the equipment enclosure, details subject to approval of the Public Safety
Department.
1 l. Prior to installation of the new antennas, the applicant shall renegotiate the lease of
Benicia Park property with the City of Rohnert Park.
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 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 8th day of December, 20llby the City
of Rohnert Park Planning Commission by the following vote:
AYES:4 NOES: O ABSENT:I ABSTAIN:
ADAMS tb /
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çWrlI GIUDICE
David Armstrong, Chairperson, Rohnert