PC R 06-1998RESOLUTION NO. 06-1998
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ARROYO GRANDE APPROVING
CONDITIONAL USE PERMIT CASE NO. 05-016, APPLIED
FOR BY CINGULAR WIRELESS, LOCATED AT 1275 ASH
STREET
WHEREAS, the Planning Commission of the City of Arroyo Grande has considered
Conditional Use Permit Case No. 05-016, filed by Cingular Wireless, to install
telecommunication antennas on a 70' tall replacement light standard and nine (9) outdoor
equipment cabinets located within a 16' x 30' lease area; and
WHEREAS, the Planning Commission has held a public hearing on this application 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) and has determined that the project is
categorically exempt pursuant to Section 15303 of the CEQA Guidelines; 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 neighborh�od 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.
4. There are adequate provisions for water, sanitation, and public utilities and
services to ensure the public health and safety.
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CUP 05-016
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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. 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. 05-016, 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 Brown, seconded by Commissioner Tait, and by the
following voice vote:
AYES: Commissioners Brown, Tait, Fellows and Ray
NOES: None
ABSENT: Commissioner Parker
the foregoing Resolution was adopted this 2" day of May 2006.
ATTEST:
� —
LYN REARDON-SMITH,
SECRETARY TO THE COMMISSION
COMMUNITY
�TOR
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CHUCK FELLOWS, CHAIR
AS TO CONTENT:
RESOLUTION NO. 06-1998
CUP 05-016
PAGE 3 of 6
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EXHIBIT "A"
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT CASE NO. 05-016
CINGULAR WIRELESS
1275 ASH STREET
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CENERAL GONDITION�
This approval authorizes the installation of telecommunication antennas on a 70' tall
replacement light standard and nine (9) outdoor equipment cabinets located within a 16' x
30' lease area.
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. 05-016.
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 Planning Commission at the meeting of May 2, 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 8 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. 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.
11. The operator shall cooperate with any subsequent applicants for wireless
communications facilities in the vicinity with regard to possible co-location on the
light standard.
12. 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 color of the antennas shall match the new light standard.
The facility shall not bear any signs or advertising devices other than certification,
warning, or other FCC required seals or signage.
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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.
Project shall have a fire flow based on the California Fire Code appendix III-A.
Prior to combustible materials being placed on site, fire hydrants shall bE�
installed, per Fire Department and Public Works Department standards.
Prior to Occupancy, the applicant must provide an approved "security key vault",
per Building and Fire Department guidelines.
Provide Fire Department approved access or sprinkler-system per National Fire
Protection Association Standards.
19. Prior to issuance of a grading permit or building permit, whichever occurs
first, applicant shall show proof of properly abandoning all non-conforming items
such as septic tanks, wells, underground piping and other undesirable conditions.
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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.
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22. 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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23. 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.
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Encroachment Permit - The applicant shall be responsible for obtaining an
encroachment permit for all work within a public right of way.
Grad� - All grading shall be done in accordance with the City Grading
Ordinance.
Fees - Applicant shall pay all applicable City fees at the time they are due.
The following Public Works Department conditions of approval are to be complied with
prior to issuance of a building permit.
27. Zero Conflict with Cit�' 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 w ith 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 u such time that the proposed system can be made to cause zero
interference.
28. The applicant shall replace the fence along the western side of the access road
with an eight-foot (8') chain link fence to match the fence along the south side of
the corporation yard.
29. The applicant shall replace the fence and gate at the north end of the access
road adjacent to the parking lot. The gate shall be shifted west to line up with
the access road.
30. The applicant shall remove the existing asphalt in the parking lot adjacent to the
access road and replace with concrete.
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31. The applicant shall pave the access road with colored concrete from the edge of
the existing asphalt at the parking lot to the gates to the south of the proposed
building site. This road shall be "V" shaped to convey drainage from the parking
lot to the ball field at the end of the access road.
32. The applicant shall install a trough structure for the blow off for Well No. 5 to
direct the water onto the access road.
33. A registered civil engineer in the State of California shall design all project
improvements required by the Public Works Department.
34. The applicant shall supply one reproducible set of plans on mylar, four (4) paper
copies for inspection purposes and an electronic copy on CD in AutoCAD format.
35. The applicant shall submit one (1) set of record drawings on mylar and an
electronic copy on CD in AutoCAD format at the conclusion of the improvements.
36. The applicant should note that Ash Street was overlaid in March of 2005.
Cutting of the asphalt will not be permitted until March of 2010 in accordance
with City pavement management practices.
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