Loading...
PC R 23-2379RESOLUTION NO. 23-2379 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING CONDITIONAL USE PERMIT NO. 22-005, APPLIED FOR BY DISH WIRELESS; LOCATED AT 581 BRANCH MILL ROAD WHEREAS, the applicant, DISH Wireless, submitted an application for a Conditional Use Permit to establish a new telecommunication facility at 581 Branch Mill Road (APN 007-611- 016); and WHEREAS, the Planning Commission of the City of Arroyo Grande considered Conditional Use Permit Case No. 22-005 on February 7, 2023; and WHEREAS, the Planning Commission has held a public hearing on this application in accordance with the Arroyo Grande Municipal Code; and WHEREAS, the Planning Commission has found that this project is consistent with the General Plan and the environmental documents associated therewith; and WHEREAS, the Planning Commission has reviewed this project in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Arroyo Grande Rules and Procedures for Implementation of CEQA and has determined that the project is exempt pursuant to CEQA Guidelines Section 15301 regarding alterations to existing facilities; and WHEREAS, the Planning Commission finds after due study, deliberation and public hearing, the following circumstances exist: Conditional Use Permit Findings: 1. The proposed use is conditionally permitted within the subject district pursuant to the provisions of Section 16.16.050 of the Development Code, and complies with all applicable provisions of the Development Code, the goals and objectives of the Arroyo Grande General Plan, and the development policies and standards of the City. In addition, the facility will operate in full compliance with all state and federal regulations. The proposed project complies with the all applicable development standards for the PF zoning district, which implements the Land Use Element of the General Plan. Furthermore, the project is in compliance with the Telecommunication Facilities Siting and Permit Submittal Requirements for location, aesthetics, and radio frequency exposure limits. 2. The proposed use will not impair the integrity and character of the district in which it is to be established or located. The installation of the facility will not result in any material changes to the character of the immediate neighborhood or local community RESOLUTION NO. 23-2379 PAGE 2 The facility is proposed on a site that currently supports two other wireless facilities that operate without diminishing the character of the district. The installation site is located more than 300 feet from the nearest residence and more than 500 feet from the nearest public road minimizing any visual impacts. to adjacent neighborhoods or the community at -large. 2. The site is suitable for the type and intensity of use or development that is proposed. The facility is not located within a predominantly residential neighborhood. The project site currently accommodates two other wireless telecommunication facilities, and until recently was home to a third carrier, making the site suitable for this project. The site is not located in a predominately residential neighborhood, and the use is not anticipated to have any adverse impacts to the nearest neighborhood. 4. There are adequate provisions for water, sanitation, and public utilities and services to ensure the public health and safety. Existing utilities exist to support the project. The site will be an unmanned facility, therefore, no water or sanitation facilities are required. 5. The proposed use will not be detrimental to the public health, safety, or welfare, or materially injurious to properties and improvements in the vicinity. The telecommunication facility will be unstaffed, have no impact on circulation systems, and will generate no noise, odor, smoke or any other adverse impacts to adjacent land uses. The Radio Frequency Electromagnetic Energy study confirms that the project will not negatively affect public health and welfare. The telecommunication facility will be unstaffed, have no impact on circulation systems, and will generate minimal noise due to the project being conditioned to utilize a "whisper style" outdoor generator, limiting any adverse impacts to adjacent land uses. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves Conditional Use Permit Case No. 22-005, with the above findings and subject to the conditions set forth in Exhibit "A", attached hereto and incorporated herein by this reference. On motion by Commissioner Buchanan, seconded by Commissioner Berlin, and by the following roll call vote, to wit: AYES: Buchanan, Berlin, Sackrison, Roof, Maraviglia NOES: None ABSENT: None the foregoing Resolution was adopted this 7th day of February 2023. RESOLUTION NO. 23-2379 PAGE 3 JAIME MARAV(GLIA VICE CHAIR ATTEST: � W, �, - - PATRICK HOLUB SECRETARY TO THE COMMISSION AS TO CONTENT: BRIAN PEDROTTI COMMUNITY DEVELOPMENT DIRECTOR RESOLUTION NO. 23-2379 PAGE 4 EXHIBIT "A" CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT CASE NO. 22-005 581 BRANCH MILL ROAD COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION GENERAL CONDITIONS This approval authorizes the establishment of an unmanned wireless communication facility at the City's Reservoir No. 4 site consisting of six (6) antennas affixed to the water tank, accessory equipment located in an existing cabinet and a back-up generator. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. 2. The applicant shall comply with all conditions of approval for Conditional Use Permit Case No. 22-005. 3. This application shall automatically expire on February 7, 2025, unless a building permit is issued. Thirty (30) days prior to the expiration of the approval, the applicant may apply for an extension of one (1) year from the original date of expiration. 4. Development shall occur in substantial conformance with the plans presented to the Planning Commission at the meeting of February 7, 2023 and marked Exhibit B. 5. The applicant shall agree to defend at his/her sole expense any action brought against the City, its present or former agents, officers, or employees because of the issuance of said approval, or in any way relating to the implementation thereof, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any court costs and attorney's fees which the City, its agents, officers or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his/her obligations under this condition. 6. A copy of these conditions shall be incorporated into all construction documents. 7. Construction shall be limited to between the hours of 7 a.m. and 5 p.m. Monday through Friday. No construction shall occur on Saturday or Sunday. 8. Prior to issuance of a building permit, the applicant shall negotiate a lease agreement with the City for use of the subject property to install the facilities and improvements herein described, and shall comply with all terms of the lease agreement RESOLUTION NO. 23-2379 PAGE 5 SPECIAL CONDITIONS 9. The facility shall not bear any signs or advertising devices other than certification, warnings, as specified in the Radio Frequency Electromagnetic Energy Report, or other FCC required seals or signage. 10. All equipment placed on the water tank shall be painted to match the color of the tank. 11. The facilities shall have subdued colors and non -reflective materials, which blend with the materials and colors of the surrounding area. 12. All accessory equipment associated with the operation of the wireless facility shall be located within a building, enclosure, or underground vault that complies with the development standards of the PF zoning district. 13. Signage, as specified by the Radio Frequency Electromagnetic Energy Report prepared for this facility by EBI Consulting shall be installed at the facility. 14. The generator shall be a "whisper style" unit, with an operating noise level not exceeding 70db. 15. The applicant shall slurry seal Huebner Lane between Branch Mill Road and the project site prior to final sign -off of the building permit. At least 72 hours prior to the beginning of the resurfacing work, the applicant shall notify the residents at APN 007-621-032 of the time and duration of the resurfacing. ENGINEERING DIVISION GENERAL IMPROVEMENT REQUIREMENTS 16. Site Maintenance - The developer shall be responsible during construction for cleaning city streets, curbs, gutters, and sidewalks of dirt tracked from the project site. The flushing of dirt or debris to storm drain or sanitary sewer facilities shall not be permitted. The cleaning shall be done after each day's work or as directed by the Public Works Director. SPECIAL CONDITIONS 17. The applicant shall obtain an encroachment permit prior to any work done in the public right -of way. 18. Zero Conflict with City's Communication: Prior to issuance of building permit, the applicant shall perform a radio frequency study to determine possible conflicts with the City's communication system, and to develop alternatives to eliminate any such conflicts. Prior to activation of the proposed DISH Wireless system, the applicant shall perform a live radio test to ensure that there is no unanticipated interference with the City's radio system. If the proposed system does interfere with RESOLUTION NO. 23-2379 PAGE 6 the operation of the City's communication system, the proposed system shall remain inactive until such time that the proposed system can be made to cause zero interference. BUILDING DIVISION 19. The project shall comply with the most recent editions of all California Building and Fire Codes, as adopted by the City of Arroyo Grande. 20. Any review costs generated by outside consultants shall be paid by the applicant. 21. Building Permit fees shall be based on codes and rates in effect at the time of building permit issuance. 22. Building permit shall be obtained prior to installation.