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PC R 13-2183' RESOLUTION NO. 13 -2183, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING AMENDED CONDITIONAL USE PERMIT NO. 13 -001, APPLIED FOR BY AT &T MOBILITY, LOCATED AT 1275 ASH STREET WHEREAS, on May 2, 2006 the Planning Commission of the City of Arroyo Grande adopted Resolution No. 06 -1998 to approve Conditional Use Permit No. 05 -016 for Cingular Wireless to install telecommunication antennas on a 70' tall replacement light standard and nine (9) outdoor equipment cabinets located within a 16' x 30' lease area; and WHEREAS, Cingular Wireless is now AT &T Mobility; and WHEREAS, the Planning Commission has considered Amended Conditional Use Permit No. 13 -001, filed by AT &T Mobility, to replace six (6) existing panel antennas and install twelve (12) remote radio units (RRUs).on a City -owned light ^standard, and install two (2) new equipment cabinets located within a 480 square foot designated lease area; 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 Section 15303 of the CEQA Guidelines; 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 including the Telecommunications Act of 1996. 2. The proposed use will not impair the integrity and character of the district in which it is to be established or located. Updating the facility with new technology will not ' result in any,material,changes to,the character of the immediate neighborhood or local community. RESOLUTION NO. 13 -2183 MAY 21, 2013 PAGE 2 3. 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, and the stealth design of the structure will help camouflage the antennas. 4. There are adequate provisions for public utilities and services to ensure the public health and safety. 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. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande. hereby approves Amended Conditional Use Permit No. 13 -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 Commissioner Keen, seconded by Commissioner Sperow, and by the following voice vote: ' AYES: Keen, Sperow Martin, ,Ruth NOES: None ABSENT: Barneich the foregoing Resolution was adopted this 21 st day of May 2013. ATTEST: DEBBIE WEICHINGER ELIZA TH S. RUTH;, CHAIR SECRETARY TO THE COMMISSION AS TO CONTENT: �:2.— n Inn , c-- T RESA IOCCLISH ' 61RECTOR OF COMMUNITY DEVELOPMENT' RESOLUTION NO. 13 -218.3 MAY 21, 2013 PAGE 3 ' EXHIBIT"A" CONDITIONS OF APPROVAL AMENDED CONDITIONAL USE PERMIT NO. 13 -001 AT &T MOBILITY 1275 ASH STREET (SOTO SPORTS COMPLEX) COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION GENERAL CONDITIONS This approval amends Conditional Use Permit (CUP) No. 05 -016 to replace six (6) antennas with twelve (12) new remote radio units (RRUs) on an existing City -owned light standard„ and install two (2) new equipment;cabinets within a designated 480 square foot lease area. The City owns the property and the subject facility''is located nextto Porter Field. 1. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. ' 2. All conditions of approval for CUP 05 -016, as amended herein, shall remain in full force and effect as indicated in Planning_ ,Commission Resolution No. 06 -1;998 approved May 2, 2006. 3.. The applicant shall comply with all conditions of approval for Amended Conditional Use Permit No. 13 -001. 4. Prior to issuance of a building permit, the applicant shall amend the lease agreement with the, City to include the facilities and improvements herein described „and shall complyiwith all terms of the lease agreement. 5. This application shall automatically expire on 5/21/15, 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. 6.. Development shall occur in substantial conformance with the plans presented to the Planning Commission at the meeting of 5/21/13 and marked Exhibits "13-1 through. B -10 ". 7. 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 RESOLUTION NO. 13 -2183 MAY 21, 2013 PAGE 4 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. 8. Construction shall be limited to between the hours of 8,a.m., and 5 p.m. Monday through Friday. No construction shall occur,on Saturday cuSunday. 9. Development shall conform to the Public Facility (PF) zoning requirements except as otherwise-approved. BUILDING DIVISION 10. The project shall comply with the most recent editions of all California Building and Fire Codes, as adopted by the City of Arroyo Grande. 11. Any review costs generated by outside'consultants shall be paid by the applicant. 12. Building Permit fees shall be based on codes and rates in effect at the time of building permit issuance. 13. Building permit.shall be obtained prior to. installation. t PUBLIC WORKS DEPARTMENT GENERAL IMPROVEMENT REQUIREMENTS 14. 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. 15. 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 AT &T Mobility 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 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. SPECIAL CONDITION ' 16. Lights on the pole shall be.replaced with energy efficient lights as specified by the RESOLUTION NO. 13 -2183 MAY 21, 2013 PAGE 5 Public Works Director. Consideration shall be given to the consistency of lighting of the sports fields when selecting`the replacement lights. MITIGATION MEASURES A negative declaration with mitigation measures has been adopted for this project. The following mitigation measures shall be implemented as conditions of approval and shall be monitored by the appropriate, City department, or responsible agency. The applicant shall be responsible for verification in writing .by the monitoring .department or agency that the mitigation measures have been - implemented. Mitigation Measures: MM 1.1: Prior to final inspection, the color of the antennas shall match the light standard. MM 1.2: Prior to final inspection, the lease equipment area, shall be cleared of weeds and a weed barrier installed. New rock shall be installed to fully cover the weed barrier. ' MM 1.3: Prior to final inspection, the signage on the front gate of the lease equipmentrarea shall be,replaced. MM 1.4: Prior to final inspection, the geo- textile grid /drainage structure originally installed for the project shall be replaced. MM 1.5: Prior to final inspection, rust on the light pole shall be removed and treatment,applied to impede, future rusting. The light pole shall be repainted with a similarcolor as existing. MM 1.6: Prior to final inspection, the galvanized sheet metal casing overthe ground equipment located at the base ofthe pole shall be replaced or repaired.