PC R 07-2040RESOLUTION NO. 07-2040
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ARROYO GRANDE APPROVING
CONDITIONAL USE PERMIT CASE NO. 07-001, APPLIED
FOR BY CLEARWIRE TECHNOLOGIES, INC., FOR
PROPERTY LOCATED AT 1275 ASH STREET (SOTO
SPORTS COMPLEX)
WHEREAS, the Planning Commission of the City of Arroyo Grande has considered
Conditional Use Permit Case No. 07-001 filed by Clearwire Technologies, Inc., to install
cellular communication antennas on an existing sixty foot (60') tall light standard and a
new four -foot (4') tall equipment cabinet within a sixty -tree (63) square foot lease area
located at 1275 Ash Street (Soto Sports Complex); and
WHEREAS, the Planning Commission has held a public hearing on this application in
accordance with City 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) and has determined that the project is
Categorically Exempt pursuant to CEQA Guidelines Section 15303; and
WHEREAS, the Planning Commission finds after due study, deliberation and public
hearing, the following circumstances exist:
FINDINGS FOR APPROVAL
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.
2. The proposed use will not impair the integrity and character of the district in which
it is to be established or located because the proposed cellular antennas on the
existing pole will be consistent with other light standards within the immediate
vicinity. Because of the upgraded light system, the new lights will create less glare
than the existing lights.
3. The site is suitable for the type and intensity of use or development that is
proposed because a light standard already exists at this location.
4. There are adequate provisions for water, sanitation, and public utilities and
services to ensure the public health and safety.
RESOLUTION NO. 07-2040
CUP NO. 07-001
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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 because the
facility complies with the FCC Guidelines for RF emissions.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Arroyo Grande hereby approves Conditional Use Permit Case No. 07-001, with the above
findings and subject to the conditions as set forth in Exhibit "A", attached hereto and
incorporated herein by this reference.
On motion by Commissioners Barneich, seconded by Chair Ray and by the following roll
call vote, to wit:
AYES: Commissioners Barneich, Ray, Marshall and Tait
NOES: None
ABSENT: Commissioner Keen
the foregoing resolution was adopted this 21St day of August 2007.
ATTEST: C'
GLENDA BONER for LYN EARDON-SMITH, CAREN RAY,
SECRETARY TO THE COMMISSION
AS TO
ROB STRONG,
COMMUNITY DEVELOP ENT DIRECTOR
I.
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RESOLUTION NO. 07-2040
CUP NO. 07-001
PAGE 3OF7
EXHIBIT "A"
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT CASE NO. 07-001
CLEARWIRE TECHNOLOGIES, INC.
SOTO SPORTS COMPLEX
1275 ELM STREET
GENERAL CONDITIONS
This approval authorizes the mounting of three (3) 2 -foot wide microwave antennas and
three (3) panel antennas (facing in three directions) on an existing sixty -foot (60') tall light
standard. A small GPS antenna is also approved. A new equipment cabinet
(approximately 4 -feet tall) is additionally approved, to be located on a concrete slab within
a sixty-three (63) square foot lease area.
1. 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. 07-001.
3. This application shall automatically expire on August 21, 2009 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 August 21, 2007 and marked Exhibits
"13-1 through 134".
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 anyway 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 fee's
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. Construction shall be limited to between the hours of 8:00 a.m. and 6:00 p.m.
Monday through Friday and between 8:00 a.m. and 5:00 p.m. on Saturday. No
development shall occur on Sunday.
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CUP NO. 07-001
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7. Development shall conform to the Public/Quasi-Public (PF) zoning requirements
except as otherwise approved.
8. The color of the antennas shall match the existing light standard.
9. The facility shall not bear any signs or advertising devices other than certification,
warning, or other required seals or signage.
10. 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.
11. The operator shall cooperate with any subsequent applicants for wireless
communications facilities in the vicinity with regard to possible co -location on the
light standard.
12. The project shall comply with the most recent editions of the California State Fire
and Building Codes and the Uniform Building and Fire Codes as adopted by the
City of Arroyo Grande.
13. Asphalt shall be placed in the areas between the existing asphalt walkways and
the fence.
14. The equipment cabinet shall be shifted to the west to avoid placement over the
top of the City's existing six-inch (6") water main.
15. All project improvements shall be designed and constructed in accordance with
the City of Arroyo Grande Standard Drawings and Specifications.
16. Submit four (4) full-size paper copies, one (1) full-size mylar copy, and one
electronic copy on CD in AutoCAD format of approved improvement plans for
inspection purposes during construction.
17. Submit as -built plans at the completion of the project or improvements as directed
by the Director of Public Works. One (1) set of mylar prints and an electronic
version on CD in AutoCAD format shall be required.
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CUP NO. 07-001
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18. The following Improvement plans shall be prepared by a registered Civil Engineer
and approved by the Public Works Department:
a. Public utilities.
b. Landscaping and irrigation.
C. Any other improvements as required by the Director of Public Works.
19. The site plan shall include the following:
a. The location and size of all existing water, sewer, and storm drainage
facilities within the project site and abutting streets or alleys.
b. The location and dimension of all existing and proposed paved areas.
C. The location of all existing and proposed public or private utilities.
20. Construction water is available at the corporate yard. The City of Arroyo Grande
does not allow the use of hydrant meters.
21. Underground all new public utilities in accordance with Section 16.68.050 of the
Development Code.
22. Underground improvements shall be installed prior to paving.
23. Obtain approval from the Director of Public Works prior to excavating in any
recently paved areas. The Director of Public Works shall approve the method of
repair of any such trenches, but shall not be limited to an overlay, slurry seal, or
fog seal.
24. All trenching in City streets shall utilize saw cutting. Any over cuts shall be cleaned
and filled with epoxy.
25. All street repairs shall be constructed to City standards.
26. Perform all grading in conformance with the City Grading Ordinance.
DEDICATIONS AND EASEMENTS
27. All easements, abandonments, or similar documents to be recorded as a
document separate from a map, shall be prepared by the applicant on 8 1/2 x 11
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CUP NO. 07-001
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City standard forms, and shall include legal descriptions, sketches, closure
calculations, and a current preliminary title report. The applicant shall be
responsible for all required fees, including any additional required City processing.
28. Obtain an encroachment permit prior to performing any of the following:
a. Performing work in the City right of way.
b. Staging work in the City right of way.
C. Stockpiling material in the City right of way.
d. Storing equipment in the City right of way.
29. Obtain a grading permit prior to commencement of any grading operations on site.
30. Pay all required City fees at the time they are due.
31. Fees to be paid prior to plan approval:
a. Plan check for grading plans based on an approved earthwork estimate.
b. Plan check for improvement plans based on an approved construction cost
estimate.
C. Permit Fee for grading plans based on an approved earthwork estimate.
d. Inspection fee of subdivision or public works construction plans based on
an approved construction cost estimate.
32. Inspection Agreement: Prior to approval of an improvement plan, the applicant
shall enter into an agreement with the City for inspection of the required
improvements.
33. All improvement securities shall be of a form as set forth in Development Code
Section 16.68.090, Improvement Securities.
34. Submit an engineer's estimate of quantities for public improvements for review by
the Director of Public Works.
35. Provide financial security for the following, to be based upon a construction cost
estimate approved by the Director of Public Works:
a. Faithful Performance: 100% of the approved estimated cost of all project
improvements.
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CUP NO. 07-001
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IMIZINVIVA0 LVAIM kqI • : u
36. 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 Director of Public Works.
37. Grading - All grading shall be done in accordance with the City Grading
Ordinance.
38. Construction activities shall be performed during normal business hours (Monday
through Friday, 7 A.M. to 5 P.M.) for inspection purposes.
39. Eees - The applicant shall pay all applicable City fees at the time they are due.
40. Work Coordination — The applicant shall notify the City 48 hours prior to
commencing work.
41. Abandonment — The applicant shall restore the site to its original condition if the
facility ceases to operate, and the lease agreement with the City is formally
terminated.
42. Elms-- All plans shall be approved by the Public Works Department.
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