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PC R 13-2184' RESOLUTION NO. 13 -2184 A RESOLUTION OF THE, PLANNING COMMISSION OF THE CITY OF ARROYO "GRANDE RECOMMENDING THAT THE CITY COUNCIL APPROVE AMENDED CONDITIONAL USE PERMIT NO. 13 -002; APPLIED FOR BY AT &T WIRELESS; LOCATED AT 300 RESERVOIR ROAD WHEREAS, on September 12, 2006' the City Council of the City of Arroyo Grande adopted Resolution No. 39521c, approve Conditional Use Permit 05 -013 for Cingular Wireless to install telecommunication antennas on a new thirty-five foot (35') tall monopine and nine (9) equipment cabinets located at 300 Reservoir Road; and WHEREAS, Cingular Wireless is now AT &T Mobility; and WHEREAS, on February 13, 2013 AT &T Mobility submitted an application to amend Conditional Use Permit 05 -013; and WHEREAS, the Planning Commission held a public hearing on this application on May 21, 2013 and adopted a Resolution recommending approval to the City,'Council; and WHEREAS, the Planning Commission considered Amended Conditional Use Permit 13- ' 002, filed by AT &T Mobility; to update its telecommunication equipment by installing six (6) new antennas below the existing antennas, twelve (12) new "remote radio units (RRUs), and two (2) new equipment cabinets within the 800 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), the State CEQA Guidelines, and the Arroyo Grande Rule& and Procedures for Implementation of CEQA and has determined that a Mitigated Negative Declaration can be adopted; and WHEREAS, the Planning Commission finds after due study, deliberation and public hearing„ thefollowing 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 RESOLUTION NO., 13-'2184 MAY 21,:2013 PAGE 2' City. In addition„ the facility will operate'imfull 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 facilitywith new technology will not result in any material .changes to the'characier of the' immediate neighborhood' or local community. 3. The site is .suitable for' the ,type and intensity of use; or development that is proposed.. The facility_ is not located within a, lamdominabtly residential neighborhood';, ,and the stealth design of the, structure. will 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„ orwelfare, or materially ',injurious to properties and improvements! in the vicinity. The telecommunication facility,will be unstaffed, have no impaction circulation systems, and will generate no no_ ise, 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 13 -002, with the above findings, and subject'to'the condition&set; forth in Exhibit "A", attached', hereto and, incorporated herein bythis reference. On motion by Commissioner Martin, seconded by .Commissioner Keen, ;and' by the following voice vote: ,AYES: Martin; Keen. ;, Sperow, Ruth NOES: None ABSENT: Barneich theforegoing Resolutionwas adopted thise215 ,day of May'2013'.- RESOLUTION NO. 13 -2184 MAY 21, 2013 PAGE 3 ATTEST: D We� DEBBIE WEICHINGER SECRETARY TO THE COMMISSION T SA MC LISH D,CTO R. OF F COMMUNITY DEVELOPMENT ELIZA \ TH S. RUTH, CHAIR RESOLUTION NO. 13 -2184 MAY':21,;2013 PAGE 4 EXHIBIT" `A" 'CONDITIONS OF APPROVAL AMENDED CONDITIONAL, USE PERMIT (ACUP) 13`- -002 AT &T MOBILITY 300 RESERVOIR ROAD .COMMUNITY DEVELOPMENT DEPARTMENT' PLANNING DIVISION ,GENERAL CONDITIONS' This approval amends Conditional Use Permit .(CUP)' No: 05' -013 to 'install six (6) additional antennas and twelve (1 2), remote radio units (RRUs), on ,an existing;monopine and related ground equipment within an 800` square foot lease area; The property is currently developed as a public facility to store water (Resewoir No., 1) and 'is' owned by ,the City. 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 No. .05 -013, as amended .herein, shall remain; in t full force and effect as indicated in City Council Resolution ,No. 3952 approved September 12, 2006,. 3. The.applicant� shall comply with all conditions of approval and mitigation measures for Amended Conditional use Permit No.113 -002. 4. This application shall. automatically expire on 5/21/15, unless :a building' permit is issued. Thirt y (30) days prior to the expiration of the approval, the applicant may apply forran extension of one(1) year'from the original date of,ezpiration. 5. Development shall ;occur in substantial conformance with'the plans presented to the City�Coundil at,the meeting of 6/11/13 and marked Exhibits "13-1 through B =10 ",. 6. 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: Therapplicant shall reimburse the City, its agents, officers, or employees„ "for any court costs and attorneys ,fee's which the City, pits 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:, RESOLUTION NO. 13- 2184 MAY 21, 2013 PAGE 5 7, Development shall conform to the Public Facility (PF) zoning requirements except as otherwise approved, ARCHITECTURAL REVIEW COMMITTEE 8. The applicant shall perform a 7--year look back review to assess renovation needs of the monopine such as color restoration and branch repair. The review shall be submitted to the City to determine if restorative actions are necessary. BUILDING DIVISION 9. The project shall comply with the most recent editions, of all California Building and Fire Codes, as adopted by the City of Arroyo Grande. 1`0. Any review costs generated by outside consultants shall be paid by the applicant. 11. Building Permit fees shall be based on codes and rates in effect at the time of building permit issuance. 12. Building permit shall be obtained prior to installation. PUBLIC WORKS DEPARTMENT GENERAL IMPROVEMENT REQUIREMENTS 13. 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 Maintenance Services. 14. 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. RESOLUTION NO. 13 -2184 MAY 21, 2013 PAGE 6 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 1.1:1 Prior to issuance of building permit, all existing" branches of the monopine shall be replaced with branches that extend past the antennas, and with needle coloration that matches the surrounding pine trees ofthe project site. The project plans shall show a heavy branch count that adequately screens the antennas. Socks made of cloth material and interwoven with simulated pine needles shall be placed over the antennas. MM 1.2: Prior to issuance of building permit, the, applicant shall submit pine needle and sock camouflage samples of the monopine to the Community Development Department for verification of accurate color. Plans for the existing ' monopine shall be submitted with building plans for the proposed monopine to verify that adequate camouflage has occurred and the mitigation is satisfied. MM 1.3: Prior to issuance of building permit, all accessory equipment associated with the operation of the wireless facility shall be screened from public view. Any new equipment cabinets shall be ,gray in color to match the waterlank. MM 12.1:, Construction activities shall be restricted to the 'hours of 8:00 AM to 5:00 PM Monday through Friday. There shall be no construction activities on 'Saturdays or Sundays. Equipment maintenance and servicing shall be confined to the same hours.