2010/03/11 Planning Commission ResolutionPLANNING COMMMISSION RESOLUTION NO. 2O1O-05
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROHNERT PARK CALIFORNIA, APPROVING A USE PERMIT
AND SITE PLAN ARCHITECTURAL REVIE\il FOR INSTALLATION OF'AN
ANTENNA ARRAY ON A MONOPOLE AND
THE INSTALLATION OF ACCESSORY EQUIPMENT AT
BENICIA PARK LOCATED AT 747I BERNICE AVE
(Gary Mapa - \ilesTower on behalf of Clear \üire LLC)
WHEREAS, the applicant, Gary Mapa./WesTowerlClear Wire LLC, filed Planning
Application No. PL2009-032UP/SP&AR for approval of a use permit to allow the installation of
an antenna aray on a monopole and the installation of accessory equipment at Benicia Park,
located at 7471 Bemice Ave (Portion of APN 143-160-008), in accordance with the City of
Rohnert Park Municipal Code;
WHEREAS, Planning Application No. PL2009-032UP/SP&AR was processed in the
time and manner prescribed by State and local law;
\ryHEREAS, 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 was published for a minimum of 10 days prior to the
first public hearing in the Community Voice;
\ilHEREAS, on March ll, 2010, the Planning Commission reviewed Planning
Application No. PL2009-032UP/SP&AR during scheduled public hearings at which time
interested persons had an opportunity to testify either in support of or opposition to the project;
and,
\ryHEREAS, at the March I l, 2010 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. PL2009-
032UP/SP&AR;
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. Findings. The Planning Commission, in approving Planning Application
No. PL2009-032UP/SP&AR makes the following findings, to wit
A. That the proposed location of the condítional use ís in accord with the objectíves of the
zoning ordinance and the purposes of the dístríct in whích the síte 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 would place an antenna anay within an existing monopole that is sited at the edge
ofan existing stand ofevergreen trees and visually blend into the trees, so no significant
visual impact is expected from this project. The equipment enclosures would be designed
to visually screen the equipment and would feature perimeter landscaping that would help
integrate them into the park site.
B. That the proposed location of the conditíonal use and the condítíons under whích ít
would be operated or maintained will not be detrimental to the public health, safety, or
welfare, or materíally injurious to properties or improvements in the vícínity.
Criteria Satisfied. The project would place an antenna anay on a "monopole" structure.
The proposed monopole is integrated into an existing stand of trees and would blend into
these plantings; therefore, impacts on area properties should be minimized. The facility
will be required to comply with all applicable requirements concerning health safety.
C. That the proposed condítional use will comply with each of the applícable provisíons 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
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. PL2009-032UP/SP&AR subject to the following conditions:
l. The 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 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.
6. All trenching required for the installation shall also be required to avoid the root system of
the existing trees so that they are not negatively impacted.
7. All power lines serving the facility shall be underground.
8. 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.
9. The gate to the equipment shelter shall remain locked at all times.
10. All ground mounted equipment shall be covered with a clear anti-graffiti type paints or
materials.
11. A fire extinguisher shall be installed as prescribed by CFC standards and be in a cabinet on
the outside of the building.
l2.The proposed antennas, equipment shelter and wiring shall be constructed according to
approved design plans.
13. All parks lands adjoining the site shall be restored to original conditions within 45 days from
the completion of construction activities.
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 1 1 th day of March, 201 0 by the City of
Rohnert Park Planning Commission by the following vote:
AYES: 4 NOES:ABSENT: ABSTATN: I
AHANoru ,./ ARMSTR'NG / BoRBAfthçtr¿{rlsoN NORDIN
, Rohnert Park Planning Commission
lw,
Azevedo,Secretary