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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