PC R 15-2221 RESOLUTION NO. 15-2221
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ARROYO GRANDE APPROVING CONDITIONAL USE
PERMIT CASE NO. 14-008, APPLIED FOR BY VERIZON
WIRELESS, LOCATED ON VALLEY ROAD
WHEREAS, the Planning Commission of the City of Arroyo Grande considered
Conditional Use Permit Case No. 14-008 on November 18, 2014, filed by Verizon
Wireless, to install small cell telecommunication antennas and related equipment on an
existing wood utility pole and an adjacent equipment cabinet; and
WHEREAS, the Planning Commission continued consideration of this item to a date
uncertain pending additional information pertaining to: 1) revised Telecommunication
Facilities Siting Requirements that include small cell facilities; 2) more information
regarding the cost and feasibility associated with underground vaulting for the ground
equipment; and 3) traffic bollard specifications; 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 15311 regarding construction or
placement of minor structures accessory 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 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. The installation of the facility will not result in any
material changes to the character of the immediate neighborhood or local
community.
RESOLUTION NO. 15-2221
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.
4. There are adequate provisions for water, sanitation, and 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 Conditional Use Permit Case No. 14-008, with the above
findings and subject to the conditions set forth in Exhibit "A", attached hereto and
incorporated herein by this reference.
On a motion by Commissioner Martin, seconded by Commissioner Keen, and by the
following roll call vote to wit:
AYES: Martin, Keen, Fowler-Payne, Mack and Chair George
NOES: None
ABSENT: None
the foregoing Resolution was adopted this 3rd day of March 2015.
ATTEST:
DEBBIE WEICHINGER LA !f s , CHAIR
SECRETARY TO THE COMMISSION
AS TO CONTENT:
TE SACCLISH
_ DIRECTOR OF COMMUNITY DEVELOPMENT 1
RESOLUTION NO. 15-2221
PAGE 3
EXHIBIT "A"
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT CASE NO. 14-008
VERIZON WIRELESS
VALLEY ROAD
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
GENERAL CONDITIONS
This approval authorizes the installation of small cell telecommunication antennas and
related equipment on an existing wood utility pole and an adjacent equipment cabinet
mounted on a raised concrete pad.
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. 14-008.
3. This application shall automatically expire on March 3, 2017, 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 March 3, 2015 and marked Exhibits
"B-1 through B-7".
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 7 a.m. and 5 p.m. Monday
through Friday. No construction shall occur on Saturday or Sunday.
RESOLUTION NO. 15-2221
PAGE 4
SPECIAL CONDITIONS
7. The facility shall not bear any signs or advertising devices other than certification,
warning, or other FCC required seals or signage.
8. The equipment cabinet shall be placed behind the utility pole further away from
Valley Road to help reduce visual and safety impacts. The ground equipment
cabinet shall be further protected with either reflective tape or paint. Prior to
issuance of a Building Permit, the applicant shall provide an exhibit, for review and
approval of the Community Development Director, of how the reflective tape or
paint will be applied to the equipment cabinet.
9. Per the August 21, 2014 Radio Frequency Electromagnetic Fields Exposure
Report prepared for this facility, install NOC INFORMATION Sign(s), GUIDELINES
Sign(s) and CAUTION Sign(s) at the pole's climbing access point where they will
be clearly visible to tower climbers. Signage should be mounted preferably away
from public view and high on the pole to minimize unnecessary alarm.
10. The Remote Radio Units (RRUs) shall be placed inside the equipment cabinet
instead of on the pole.
11. The power pedestal shall be located adjacent to the equipment cabinet instead of
on the pole and painted "Mesa Brown" or an equivalent color. i
12. The pole-mounted equipment and the equipment cabinet shall be painted to match i
the color of the utility pole ("Mesa Brown" or an equivalent color).
ENGINEERING DIVISION
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 Public Works Director.
SPECIAL CONDITIONS
14. The applicant shall obtain an encroachment permit prior to any work done in the
public right-of way.
15. Prior to issuance of building permit, the applicant shall provide a copy of the Joint
Pole Authority Agreement, identifying the language regarding co-location.
16. Zero Conflict with City's Communication: Prior to issuance of building permit, the 1
applicant shall perform a radio frequency study to determine possible conflicts
RESOLUTION NO. 15-2221
PAGE 5
with the City's communication system, and to develop alternatives to eliminate
any such conflicts. Prior to activation of the proposed Verizon 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 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
17. The project shall comply with the most recent editions of all California Building
and Fire Codes, as adopted by the City of Arroyo Grande.
18. Any review costs generated by outside consultants shall be paid by the applicant.
19. Building Permit fees shall be based on codes and rates in effect at the time of
building permit issuance.
20. Building permit shall be obtained prior to installation.
I
I