Loading...
PC R 21-2357RESOLUTION NO. 21-2357 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING AMENDED CONDITIONAL USE PERMIT 21-001; LOCATED AT 581 BRANCH MILL ROAD; APPLIED FOR BY T -MOBILE WIRELESS WHEREAS, the Planning Commission of the City of Arroyo Grande adopted Resolution No. 03-1912 on December 16, 2003 approving Conditional Use Permit 03-004 to mount eight (8) cellular communication antennas, approximately 8' in height, on top of City Reservoir No. 4 and place an equipment shelter on a 504 square foot lease area located south of the water tank on City -owned property; and WHEREAS, the Planning Commission considered Amended Conditional Use Permit No. 21-001 on October 19, 2021, filed by T -Mobile Wireless, to expand the existing lease area by 135 square feet to accommodate a new 48 kilowatt backup diesel generator; and WHEREAS, the request was reviewed in accordance with the development review process identified in the Municipal Code; 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 determined that the project is exempt per Section 15301 of the CEQA Guidelines regarding existing facilities; and WHEREAS, the Planning Commission of the City of Arroyo Grande has reviewed the project at a duly noticed public hearing on October 19, 2021; 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 permitted within the subject district pursuant to the provisions of this section and complies with all the applicable provisions of this title, the goals, and objectives of the Arroyo Grande General Plan, and the development policies and standards of the City. The proposed use is conditionally permitted within the subject district 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. 2. The proposed use would not impair the integrity and character of the district in which it is to be established or located. The proposed use will not impair the integrity and character of the district in RESOLUTION NO. 21-2357 PAGE 2 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. 3. The site is suitable for the type and intensity of use or development that is proposed. 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 diminutive size of the generator will not impair any visual resources. 4. There are adequate provisions for water, sanitation, and public utilities and services to ensure public health and safety. There are adequate provisions for public utilities and services to ensure the public health and safety and no new utilization of these public utilities and services is anticipated with the equipment upgrades. 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 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 minimal noise due to conditions of approval restricting the use of the generator for maintenance and emergency events, and the use of a "whisper style" outdoor generator, limiting any 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 21-001, 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 Schiro seconded by Commissioner Maraviglia and by the following roll call vote, to wit: AYES: Schiro, Maraviglia, Guthrie, Buchanan, Martin NOES: None ABSENT: None the foregoing Resolution was adopted this 19th day of October, 2021. RESOLUTION NO. 21-2357 PAGE 3 GLENN MARTIN, CHAIR ATTEST: A�- PATRICK HOLUB SECRETARY TO THE COMMISSION AS TO CONTENT: BRIAN PEDROTTI COMMUNITY DEVELOPMENT DIRECTOR RESOLUTION NO. 21-2357 PAGE 4 EXHIBIT 'A' CONDITIONS OF APPROVAL AMENDED CONDITIONAL USE PERMIT 21-001 581 BRANCH MILL ROAD (RESERVOIR #4) COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION GENERAL CONDITIONS 1. This approval authorizes T -Mobile Wireless to install new emergency generator as outlined in the project description of Amended Conditional Use Permit 21-001. 2. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. 3. The applicant shall comply with all conditions of approval for Amended Conditional Use Permit 21-001. 4. All conditions of approval from Resolution No. 03-1912 shall remain in full force and effect. Where conflicts exist, except as identified in this approval, the most restrictive applies. 5. 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 comply with all terms of the lease agreement. 6. This application shall automatically expire on October 19, 2023 unless a building permit is issued. 7. Development shall occur in substantial conformance with the plans presented to the Planning Commission at the meeting of October 19, 2021 and marked Exhibit "B". 8. The applicant shall agree to indemnify, defend, and hold harmless 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 any way 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 fees 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. 9. A copy of these conditions shall be incorporated into all construction documents. 10. Construction shall be limited to between the hours of 8 a.m. and 5 p.m. Monday RESOLUTION NO. 21-2357 PAGE 5 through Friday. No construction shall occur on Saturday or Sunday. SPECIAL CONDITIONS 11. The facility shall not bear any signs or advertising devices other than certification, warning, or other FCC required seals or signage. 12. The generator shall only be utilized during emergency situations and for regular maintenance. BUILDING AND LIFE SAFETY DIVISION AND FIRE DEPARTMENT CONDITIONS 13. The project shall comply with the most recent editions of all California Codes, as adopted by the City of Arroyo Grande. 14. Any review costs generated by outside consultants for plan check services shall be paid by the applicant during the building permit approval process. 15. Building Permit fees shall be based on codes and rates in effect at the time of building permit issuance. 16. Building permits shall be obtained prior to installation. ENGINEERING DIVISION AND PUBLIC WORKS DEPARTMENT CONDITIONS GENERAL IMPROVEMENT REQUIREMENTS 17. 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. SPECIAL CONDITIONS 18. The diesel generator shall be a "whisper style" model not to exceed70db maximum when in use.