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2010/03/25 Planning Commission ResolutionPLANNING COMMMISSION RESOLUTION NO. 2O1O.O9 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT PARK, CALIF'ORNIA, APPROVING A USE PERMIT AND SITE PLAN ARCHITECTURAL REVIE\ü FOR INSTALLATION OF AN ANTENNA ARRAY ON A MONOPOLE AND THE INSTALLATION OF ACCESSORY EQUIPMENT LOCATED AT 6340 COMMERCE BOULEVARD, ApN 143-051-067 (Gary Mapa - WesTower on behalf of Clear Wire LLC) WHEREAS, the applicant, Gary Mapa/WesTowerlClear Wire LLC, filed Planning Application No. PL20l0-002UP/SR for approval of a use permit to allow the installation of an antenna anay on a monopole and the installation of accessory equipment at 6340 Commerce Boulevard (Portion of APN 143-051-067), in accordance with the City of Rohnert Park Municipal Code; WHEREAS, Planning Application No. PL20I0-002UP/SR 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 California State Planning Law, and a public hearing was published for a minimum of 10 days prior to the first public hearing in the Communit)¡ Voice; WHEREAS, on March 25, 2010, the Planning Commission reviewed Planning Application No. PL20I0-002UP/SR 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 25, 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. PL20I0-02UP/SR; NO\il, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ROHNERT PARK DOES RESOLVE, DETERMINE AND ORDER AS F'OLLOWS: Section 1. That the above recitations are true and correct. Section 2. Findings. The Planning Commission, in approving Planning Application No. PL20I0-02UP/SR makes the following frndings, to wit A. Thot the proposed location of the conditional use is in accord wíth the objectives of the zoning ordinance and the purposes of the district in whích 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 would place an antenna anay within an existing monopole that is sited adjacent to an existing building so no significant visual impact is expected from this project. The equipment enclosures are designed to visually screen the ground based equipment that would help integrate them into the commercial site. 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 project would place an antenna array on an existing "monopole" structure. Impacts on area properlies should be minimized. The facility will be required to comply with all applicable requirements concerning health safety. 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 minimizedin the 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. PL20l0-002UP/SR subject to the following conditions: 1. 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 Department 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, if any, required for the installation shall also be required to avoid damage to the existing improved area adjoining the commercial development. 7. All power lines, if any, 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 equipment cabinets 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 to serve the ground mounted equipment. 12. The proposed antennas, equipment cabinet and wiring shall be constructed according to approved design plans. 13. All commercial areas adjoining the site shall be restored to original condition within 45 days from the completion of construction activities. 14. The applicant shall provide evidence to City of Rohnert Park of Sprint PCS or designee, of authorization and/or agreement to collocate the proposed antenna array and accessory equipment prior to issuance of a building permit. 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 25th day of March, 2010 by the City of Rohnert Park Planning Commission by the following vote: AYES:NOES:ABSENT:þ ABSTAIN: AHANOTU -f ARMSTRONG '/ BoRBA / *rrro* ,t NoRDTN "/ Chairperson, Rohnert Park Planning Commission