PC R 06-2009RESOLUTION NO. 06-2009
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ARROYO GRANDE RECOMMENDING THAT
THE CITY COUNCIL APPROVE CONDITIONAL USE
PERMIT CASE NO. 05-013, APPLIED FOR BY CINGULAR
WIRELESS, LOCATED AT 300 RESERVOIR ROAD
WHEREAS, the Planning Commission of the City of Arroyo Grande has considered
Conditional Use Permit Case No. 05-013, filed by Cingular Wireless, to install
telecommunication antennas on a thirty-five foot (35') tall monopine and nine (9) outdoor
equipment cabinets; and
WHEREAS, the Planning Commission has held public hearings on this application on
June 20, 2006 and August 15, 2006 in accordance with City 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 a
Mitigated Negative Declaration can be adopted; 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.
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, and the stealth design of the structure will camouflage the
antennas.
RESOLUTION NO. 06-2009
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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 recommends that the City Council approve Conditional Use Permit
Case No. 05-013, 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 Ray, seconded by Commissioner Parker, and by the
following voice vote:
AYES: Commissioner Ray, Parker,
NOES: Commissioner Brown
ABSENT: None
Tait and Chair Fellows
the foregoing Resolution was adopted this 15 day of August 2006.
ATTEST:
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LYN REARDON-SMITH, CHUCK FELLOWS, CHAIR
SECRETARY TO THE COMMISSION
ROB ST'RONG,
COMMUNITY D
DIRECTOR
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RESOLUTION NO. 06-2009
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EXHIBIT "A"
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT CASE NO. 05-013
CINGULAR WIRELESS
300 RESERVOIR ROAD
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GFNERAL GONDITIONS
This approval authorizes the installation of telecommunication antennas on a thirty-five
foot (35') tall monopine and nine (9) outdoor equipment cabinets.
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. 05-013.
3. This application shall automatically expire one year after approval 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 City Council at the meeting of September 12, 2006 and marked Exhibits "B-1
through B-4".
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 Saturday. No construction shall occur on Sunday.
7. Development shall conform to the Public Facility (PF) zoning requirements except
as otherwise approved.
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10. The applicant shall design all facilities as to allow future co-location at the site.
The operator shall cooperate with any subsequent applicants for wireless
communications facilities in the vicinity with regard to possible co-location on the
monopine.
11. 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.
The facility shall not bear any signs or advertising devices other than certification,
warning, or other FCC required seals or signage.
All accessory equipment associated with the operation of the wireless facility shall
be screened from public view.
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The project shall comply with the most recent editions of all California Building
and Fire Codes, as adopted by the City of Arroyo Grande.
All fire lanes must be posted and enforced, per Police Department and Fire
Department guidelines.
Prior to Occupancy, the applicant must provide an approved "security key vault",
per Building and Fire Department guidelines.
Any review costs generated by outside consultants, shall be paid by the applicant.
Building Permit fees, to be based on codes and rates in effect at the time of
building permit issuance.
17. Strong Motion Instrumentation Program (SMIP) fee, to be based on codes and
rates in effect at the time of building permit issuance in accordance with State
mandate.
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18. 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
RESOLUTION NO. 06-2009
PAG E 5
directed by the Director of Public Works.
The following Public Works Department conditions of approval are to be complied with
prior to issuance of a building permit.
1 g, 7ero Gonflict with City's Communication - Prior to issuance of building permit,
the applicant shall perform a radio frequency study 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.
20. The applicant shall install a multi-lock system on both access gates to the
reservoir.
21. The applicant shall replace any new landscaping installed as part of the
Reservoir No. 1 Replacement Project that is displaced as a result of this
construction.
22. The applicant shall slope the cabinet pads to drain to the asphalt road
surrounding the reservoir.
23. The applicant shall design all facilities as to allow future co-location at the site.
RESOLUTION NO. 06-2009
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MITIGATION MEASURES
A negative declaration with mitigation measures has been adopted for this project. The
following mitigation measures shall be implemented as conditions of approval and shall
be monitored by the appropriate City department or responsible agency. The applicant
shall be responsible for verification in writing by the monitoring department or
agency that the mitigation measures have been implemented.
Mitigation Measures:
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The project shall comply with all applicable Air Pollution Control District (APCD)
regulations pertaining to the control of fugitive dust (PM�o) as contained in section
6.5 of the Air Quality Handbook. All site grading shall list the following regulations:
MM 5.1: All dust control measures listed below (MM 5.2 — 5.6) shall be
followed during construction of the project and shall be shown on grading and
building plans. The contractor or builder shall designate a person or persons to
monitor the dust control program and to order increased watering, as necessary, to
prevent transport of dust off site. The name and telephone number of such
person(s) shall be provided to the APCD prior to land use clearance and finished
grading of the area.
MM 5.2: During construction, water trucks or sprinkler systems shall be used
to keep all areas of vehicle movement damp enough to prevent airborne 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 miles per hour. Reclaimed (non-potable) water shall be used whenever
possible.
MM 5.3: Soil stockpiled for more than two days shall be covered, kept moist,
or treated with soil binders to prevent dust generation.
MM 5.4: All vehicles hauling dirt, sand, soil, or other loose materials are to be
covered or should maintain at least two feet of freeboard (minimum vertical
distance between top of load and top of trailer) in accordance with CVC Section
23114.
MM 5.5: Install wheel washers where vehicles enter and exit unpaved roads
on to streets, or wash off trucks and equipment leaving the site. Vehicle speed for
all construction vehicles shall not exceed 15 mph on any unpaved surface at the
construction site.
MM 5.6: Sweep streets at the end of each day if visible soil material is carried
on to adjacent paved roads. Water sweepers with reclaimed water shall be used
where feasible.
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MM 5.7: To mitigate the diesel PM generated during the construction phase,
all construction equipment shall be properly maintained and tuned according to
manufacturer's specifications. The measures below (MM 5.8 — 5.10) shall be
clearly identified in the project bid specifications so the contractors bidding on the
project can include the purchase and installation costs in their bids.
MM 5.8: All off-road and portable diesel powered equipment, including but not
limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets,
compressors, auxiliary power units, shall be fueled exclusively with California Air
Resources Board (ARB) motor vehicle diesel fuel.
MM 5.9: To the maximum extent feasible, the use of diesel construction
equipment shall meet the ARB's 1996 certification standard for off-road heavy-duty
diesel engines.
MM 5.10: Unless otherwise approved by APCD, the developer shall install
catalytic diesel particulate filters or Diesel oxidation catalyst on two (2) pieces of
construction equipment involved in primary earth moving and construction activities
and projected to generate the greatest emissions. APCD staff shall be included in
the selection of candidate equipment along with a representative of the contractor.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande — CDD, Public Works
Dept., and Building & Fire Dept.
Timeframe: Prior to issuance of Building Permit and during
construction
MM 10.1: Construction activities shall be restricted to the hours of 7:00 AM to
5:00 PM Monday through Saturday. There shall be no construction activities on
Sundays. Equipment maintenance and servicing shall be confined to the same
hours.
MM 10.2: All construction equipment utilizing internal combustion engines shall
be required to have mufflers that are in good condition. Stationary noise sources
shall be located at least 300 feet from occupied dwelling units unless noise
reducing engine housing enclosures or noise screens are provided by the
contractor.
MM 10.3: Equipment mobilization areas, water tanks, and equipment storage
areas shall be placed in a central location as far from existing residences as
feasible.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande — CDD, Public Works
Dept.
Timeframe: During construction
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MM 13.1: The needle coloration of the monopine shall match the surrounding
pine trees of the project site. The applicant shall submit pine needle samples of
the monopine for verification of accurate color.
Responsible Party:
Monitoring Agency:
Timeframe:
MM 13.2: The project plans shall show simulated bark placed on the monopole
from the ground to the top of the tree.
Responsible Party:
Monitoring Agency:
Timeframe:
MM 13.3: The project plans shall show a heavy branch count and the antennas
screened with branches. Socks made of cloth material and interwoven with pine
Developer
City of Arroyo Grande — CDD
Prior to issuance of Building Permit
Developer
City of Arroyo Grande — CDD
Prior to issuance of Building Permit
needles shall be placed over the antennas.
Responsible Party:
Monitoring Agency:
Timeframe:
Developer
City of Arroyo Grande — CDD
Prior to issuance of Building Permit
MM 13.4: The project plans shall show the equipment cabinets in a gray color
to match the water tank and screened by a 6' tall chain link fence with green vinyl
slats.
Responsible Party:
Monitoring Agency:
Timeframe:
Developer
City of Arroyo Grande — CDD
Prior to issuance of Building Permit
MM 13.5: The applicant shall submit a landscape and irrigation plan for fast
growing shrubs and trees to screen the monopine and water tank. The additional
landscaping shall be limited to filling in the existing vegetation "gap" immediately
surrounding the monopine. Tree species selected should not exceed 30' in height
to avoid interFerence with antenna transmissions. The landscape plan shall be
reviewed and approved by the Architectural Review Committee, Community
Development Dept., Parks, Recreation and Facilities Dept. and Public Works Dept.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande — CDD; Parks,
Recreation & Facilities Dept.; Public Works
Dept.
Timeframe: Prior to issuance of Building Permit
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