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
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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)
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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.
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CUP NO. 07-002
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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]
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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.
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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.
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CUP N0. 07-002
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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.
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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.
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32. Construction water is available at the corporate yard. The City of Arroyo Grande
does not allow the use of hydrant meters.
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Underground all new public utilities in accordance with Section 16.68.050 of the
Development Code.
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34. Underground improvements shall be installed prior to paving.
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CUP NO. 07-002
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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.
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37. Perform all grading in conformance with the City Grading Ordinance.
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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.
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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.
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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.
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43. All improvement securities shall be of a form as set forth in Development Code
Section 16.68.090, Improvement Securities.
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CUP NO. 07-002
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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.
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