2009/06/25 Planning Commission Resolution (3)PC RESOLUTION NO. 2009-16
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROHNERT PARK, CALIFORNIA, APPROVING A
USE PERMIT TO ALLOW THE CONTINUED OPERATION OF AN
EXISTING TELECOMMUNICATIONS FACILITY ON
PROPERTY LOCATED AT 500 CITY CENTER DRIVE (APN 143-051-080)
(Rachel Fenton/NSA Wireless, Inc./T-Mobile)
WHEREAS, the applicant, Rachel Fenton/NSA Wireless, Inc./T-Mobile, has submitted
an application for a Use Permit to allow the continued operation of an existing
telecommunications facility on property located at 500 City Center Drive, Rohnert Park, CA
(Assessor's Parcel No. 143-051-080);
WHEREAS, Planning Application No. PL2009-011UP 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 for a minimum of 10 days prior to
the first public hearing in the Community;
WHEREAS, on June 25, 2009 the Planning Commission held a public hearing and
reviewed Planning Application No. PL2009-01 1 UP, at which time interested persons had an
opportunity to testify either in support of or opposition to the project; and,
WHEREAS, at the June 25, 2009 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. PL2009-011UP.
NOW, 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
PL2009-011UP (Use Permit Approval) makes the following findings; to wit:
Use Permit PL2009-011UP
That the proposed location of the conditional use is in accord with the objectives of the
zoning ordinance and the purposes of the district in which the site is located.
The P -I District conditionally allows a "Private/Public Utility Facility," which includes
telecommunications installations. A use permit was first approved in 1999 for the applicant's
existing installation, albeit with a provision that the permit is only valid for five (5) years
with formal extensions required for subsequent periods. The permit was subsequently
extended and is set to expire on July 15, 2009. The applicant has applied for the required
extension to continue the operation of this facility, in accordance with the existing permit and
the objectives of the P -I District.
PC Resolution 2009-16
2. 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.
It has not been demonstrated that the installation has had a negative effect on the public
health, safety, or welfare; or has been materially injurious to properties or improvements in
the vicinity. The installation is atop an existing public building upon which other similar
antennae have been installed, and such collocation is promoted by the City's Communication
Facilities Ordinance. The continued operation of the facility is not expected to result in any
negative impacts.
3. That the proposed conditional use will comply with each of the applicable provisions of this
Title.
As discussed in the staff report, the project complies with all applicable Zoning Ordinance
standards required for private utility facilities within the P -I district.
Section 3. Environmental Clearance. The project is categorically exempt from the
California Environmental Quality Act, pursuant to California Code of Regulations, Title 14,
Chapter 3, Section 15301 (Class 1(b) — Existing Facilities of both investor and publicly -owned
utilities used to provide electric power, natural gas, sewerage, or other public utility services.
NOW THEREFORE BE IT RESOLVED, that the Planning Commission does hereby
approve Application No. PL2009-01 1 UP: Use Permit to allow the continued operation of an
existing telecommunications facility on property located at 500 City Center Drive, Rohnert Park,
CA (Assessor's Parcel No. 143-051-080), subject to the following condition:
1. 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 (e.g. the FCC).
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.
2
PC Resolution 2009-16
DULY AND REGULARLY ADOPTED on this 25th day of June, 2009, by the City of
Rohnert Park Planning Commission by the following vote:
I
Chairperson, Rohnert Park Planning Commission
Attest:
.Susan Azevedo, Re ding Secretary
AYES: 3 NOES: I ABSENT: l ABSTAIN:
AHANOTU N ARMSTRONG '/BORBA NILSON -NORDIN -2q S