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HomeMy WebLinkAboutR 2025-079 RESOLUTION NO. 2025-079 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE TO ACCEPT THE WITHDRAWAL OF AN APPEAL OF CONDITIONAL USE PERMIT CUP 23-006 FOR A TELECOMMUNICATIONS FACILITY AT 789 VALLEY ROAD WHEREAS, the applicant, Verizon Wireless, submitted Conditional Use Permit 23-006 to install a new 55-foot wireless telecommunication facility at 789 Valley Road; and WHEREAS, on February 20, 2024, the Arroyo Grande Planning Commission adopted a Resolution denying Conditional Use Permit 23 -006, which would have allowed Verizon Wireless a telecommunications facility at 789 Valley Road; and WHEREAS, on February 27, 2024, an appeal of the denial was filed with the Community Development Department by the applicant, Verizon Wireless; and WHEREAS, consistent with federal law, on February 26, 2024, the City and the applicant executed a tolling agreement, that extended the time period by which the City Council would be required to hear the appeal, which allowed the applicant additional time to prepare for its appeal to the City Council and for the applicant to investigate a potential alternative site for the facility; and WHEREAS, the parties subsequently executed tolling agreement extensions, including most recently on October 17, 2025, which extended the tolling agreement to December 31, 2025; and WHEREAS, on October 15, 2024, the Planning Commission approved a Conditional Use Permit for an alternative Verizon Wireless telecommunications facility at 959 Valley Road (St. John’s Lutheran Church), and building permits for that facility were issued on June 13, 2025; and WHEREAS, on November 5, 2025, the City received a letter from Verizon Wireless withdrawing its appeal of Conditional Use Permit 23-006, citing the approval of the alternative site at 959 Valley Road; and WHEREAS, Arroyo Grande Municipal Code Section 16.12.150(A)(5) provides that once an appeal is filed, it shall not be withdrawn except with the consent of the appropriate hearing body; and WHEREAS, adoption of this Resolution is not a project subject to the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Sections 15060(c)(2)-(3) and 15378, as acceptance of Verizon’s withdrawal request has no potential to result in either a direct or reasonably foreseeable indirect physical change in the environment. RESOLUTION NO. 2025-079 PAGE 2 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande, California, finds as follows: Section 1. RECITALS. The foregoing recitals are true and correct and are incorporated herein. Section 2. WITHDRAWAL. The City Council hereby accepts the withdrawal of Verizon’s appeal of Conditional Use Permit No. 23-006 for a proposed telecommunications facility located at 789 Valley Road. On motion of Council Member Loe, seconded by Council Member Secrest, and on the following roll call vote, to wit: AYES: Council Members Loe, Secrest, Maraviglia, Guthrie, and Mayor Ray Russom NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 25th day of November, 2025. CAREN RAY RUSSOM, MAYOR ATTEST: JESSICA MATSON, CITY CLERK APPROVED AS TO CONTENT: MATTHEW DOWNING, CITY MANAGER APPROVED AS TO FORM: ISAAC ROSEN, CITY ATTORNEY RESOLUTION NO. 2025-079 PAGE 3 OFFICIAL CERTIFICATION I, JESSICA MATSON, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that the attached Resolution No. 2025-079 was passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 25th day of November, 2025. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 2nd day of December, 2025. JESSICA MATSON, CITY CLERK