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PC R 07-2041RESOLUTION NO. 07-2041 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING CONDITIONAL USE PERMIT CASE NO. 07-002, APPLIED FOR BY CLEARWIRE TECHNOLOGIES, INC., FOR PROPERTY LOCATED AT 200 HILLCREST DRIVE (CITY RESERVOIR NO. 2) WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Conditionat Use Permit Case No. 07-002, filed by Clearwire Technologies, Inc., to install cellular communication antennas on a seventy-five foot (75') tall monopine and place an equipment cabinet on a concrete pad located at City Reservoir No. 2; and WHEREAS, the Planning Commission has held a public hearing on this application in accordance with City Code; and WHEREQS, 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 CEQA Guidelines Section 15303; and WHEREAS, the Planning Commission finds after due study, deliberation and public hearing, the following circumstances exist: FINDINGS FOR APPROVAL 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. 2. The proposed use will not impair the integrity and character of the district in which it is to be established or located because the proposed cellular antennas on the monopine is consistent with another monopine located within the immediate vicinity. 3. The , site is suitable for the type and intensity of use or development that is proposed because other communication facilities exist on the site, and the monopine will blend with existing pine trees. 4. There are adequate provisions for water, sanitation, and public utilities and services to ensure the public health and safety. RESOLUTION NO. 07-2041 CUP NO. 07-002 PAGE 2 OF 8 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 because the facility complies with the FCC Guidelines for RF emissions. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves Conditional Use Permit Case No. 07-002, 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 Barneich, seconded by Chair Ray and by the following roll call vote, to wit: AYES: Commissioners Barneich, Ray, Marshall and Tait NOES: None ABSENT: Commissioner Keen The foregoing resolution was adopted this 21 St day of August 2007. ATTEST: .� , GLENDA BONER for LYN REARDON-SMITH, CAREN RAY�, SECRETARY TO THE COMMISSION AS TO CONTENT. ROB STRONG, `� COMMUNITY DEVE ENT DIRECTOR R RESOLUTION NO. 07-2041 CUP NO. 07-002 PAGE30F8 EXHIBIT "A" CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT CASE NO. 07-002 CLEARWIRE TECHNOLOGIES, INC. 200 HILLCREST DRIVE (CITY RESERVOIR NO. 2) • ►i �i ► � • ' ►i ► � ' : : ►i ► GENERAL GONDITIONS This approval authorizes the mounting of cellular antennas on a seventy-five foot (75') tall monopine and installation of an equipment cabinet on a concrete pad located at City Reservoir No. 2. 1. 2. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. The applicant shall comply with all conditions of approval for Conditional use Permit Case No. 07-002. � 3. This application shall automatically expire on August 21, 2009 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 August 21, 2007 and marked Exhibits "B-1 through B-5". 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 befinreen the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday and befinreen 8:00 a.m. and 5:00 p.m. on Saturday. No development shall occur on Sunday. 7. Development shall conform to the Public/Quasi-Public (PF) zoning requirements except as otherwise approved. RESOLUTION NO. 07-2041 CUP NO. 07-002 PAGE 4 OF 8 ' � •►� •► 8. A copy of these conditions shall be incorporated into all construction documents. 9. The maximum height of the monopine shall not exceed seventy-five feet (75') from finished grade. 10. The monopine shall be camouflaged as a pine tree to match the existing pine trees located on the project site and shall be maintained for the life of the project. The antennas shall be covered with "antenna socks" as additional camouflage. At a minimum, tree "bark" shall be applied past the first branches of the monopine. , 11. The facility shall have subdued colors and non-reflective materials, which blend with the materials and colors of the surrounding area. 12. The facilities shall not bear any signs or advertising devices other than certification, warning, or other required seals or signage. 13. All accessory equipment associated with the operation of the wireless facility shall be located within a building, enclosure, or underground vault that complies with the development standards of the PF zoning district. 14. The operator shall cooperate with any subsequent applicants for wireless communications facilities in the vicinity with regard to possible co-location on the monopine. If co-location is approved, such subsequent applicants shall be responsible for reimbursement for a portion of the cost of the monopine. 15. The applicant shall obtain a lease agreement with the City prior to issuance of a grading or building permit, and shall comply with all terms of the lease agreement. 16. To control dust during construction activities, water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this would include wetting down such areas in the later morning and after work is completed for the day and whenever wind exceeds 15 mph. 17. The dead pine tree shall be replaced with a 15-gallon redwood tree, and irrigation shall be provided until the tree is established (three years minimum). If the redwood tree dies, the applicant shall replace the tree in-kind. 18. Protective fencing shall be installed around each tree at the dripline within fifty feet (50') of construction activities. The fencing shall be installed prior to any site clearing or grading activities, and shall remain in place until construction is complete. Weatherproof signs shall be permanently posted on the fencing, stating the following: RESOLUTION NO. 07-2041 CUP NO. 07-002 PAGE 5 OF 8 Tree Protection Zone No nersonnel,�qlJin, ment, materials, or vehicles are allowed Do Not move or remove this fence [Name of arborist or consultant] [Name and phone number of developer or general contractor] � ► '►• : • -': ►� ► 19. The project shall comply with the most recent editions of the California State Fire and Building Codes and the Uniform Building and Fire Codes as adopted by the City of Arroyo Grande. 1 •:. � '' : �I ► � � � ► � � ► 20. Replace the existing chain link fence around the reservoir. The fence shall be eight feet (8') tall, non-climb chain link, black vinyl coated, with three-strand barbwire at the top. The gate shall be equipped with a multi-lock system. 21. Remove the existing dead pine tree. 22. Utilize option 2 for the equipment placement. 23. Receive approval from Nextel prior to placement of the electrical meter on their equipment shed. 24. Zero Conflict with City's Communication - Prior to issuance of building permit, the applicant shall perform a radio frequency study, conducted by an independent agency from the applicant, to determine possible conflicts with the City's communication system, and to develop alternatives to eliminate any such conflicts. Prior to activation of the proposed Cellular 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. 07-2041 CUP N0. 07-002 PAGE 6 OF 8 ► C: •►� •► 25. Clean all streets, curbs, gutters and sidewalks at the end of the day's operations or as directed by the Director of Community Development or the Director of Public Works. 26. PerForm construction activities during normal business hours (Monday through Friday, 7 A.M. to 5 P.M.) for inspection purposes. ►I'C• ►I ► ' ' ► 27. All project improvements shall be designed and constructed in accordance with the City of Arroyo Grande Standard Drawings and Specifications. 28. Submit four (4) full-size paper copies, one (1) full-size mylar copy, and one electronic copy on CD in AutoCAD format of approved improvement plans for inspection purposes during construction. 29. Submit as-built plans at the completion of the project or improvements as directed by the Director of Public Works. One (1) set of mylar prints and an electronic version on CD in AutoCAD format shall be required. 30. The following Improvement plans shall be prepared by a registered Civil Engineer and approved by the Public Works Department: a. Public utilities. b. Landscaping and irrigation. c. Any other improvements as required by the Director of Public Works. 31. The site plan shall include the following: a. The location and size of all existing water, sewer, and storm drainage facilities within the project site and abutting streets or alleys. b. The location and dimension of all existing and proposed paved areas. c. The location of all existing and proposed public or private utilities. �: : 32. Construction water is available at the corporate yard. The City of Arroyo Grande does not allow the use of hydrant meters. �111:3�[H���I���I�.� 33 Underground all new public utilities in accordance with Section 16.68.050 of the Development Code. � �. 34. Underground improvements shall be installed prior to paving. RESOLUTION NO. 07-2041 CUP NO. 07-002 PAGE 7 OF 8 STREETS 35 36. All trenching in existing asphalt shall utilize saw cutting. Any over cuts shall be cleaned and filled with epoxy. All asphalt repairs shall be constructed to City standards. �t7:L��71�Ce� 37. Perform all grading in conformance with the City Grading Ordinance. � � � •► '►� ' ►I ► 38. All easements, abandonments, or similar documents to be recorded as a document separate from a map, shall be prepared by the applicant on 8 1/2 x 11 City standard forms, and shall include legal descriptions, sketches, closure calculations, and a current preliminary title report. The applicant shall be responsible for all required fees, including any additional required City processing. ' : ►i 39. FFFS 40. Obtain a grading permit prior to commencement of any grading operations on site. Pay all required City fees at the time they are due. 41. Fees to be paid prior to plan approval: a. Plan check for grading plans based on an approved earthwork estimate. b. Plan check for improvement plans based on an approved construction cost estimate. c. Permit Fee for grading plans based on an approved earthwork estimate. d. Inspection fee of subdivision or public works construction plans based on an approved construction cost estimate. ' : ►I ► 42. Inspection Agreement: Prior to approval of an improvement plan, the applicant shall enter into an agreement with the City for inspection of the required improvements. ►i ' : • ►i ► Y3�11:7��I�.9 43. All improvement securities shall be of a form as set forth in Development Code Section 16.68.090, Improvement Securities. RESOLUTION NO. 07-2041 CUP NO. 07-002 PAGE 8 OF 8 44. Submit an engineer's estimate of quantities for public improvements for review by the Director of Public Works. 45. Provide financial security for the following, to be based upon a construction cost estimate approved by the Director of Public Works: a. Faithful Performance: 100% of the approved estimated cost of all project improvements. �uu � �- - ••u :• ' 1 1� .�� - • - � ••