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PC R 06-1985RESOLUTION NO. 06-1985 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING CONDITIONAL USE PERMIT CASE NO. 05-014 & MINOR USE PERMIT CASE NO. 05-001, APPLIED FOR BY CINGULAR WIRELESS; LOCATED AT 301 TRINITY AVENUE WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Conditional Use Permit Case No. 05-014, filed by Cingular Wireless, to construct a 53'11" tall bell tower on an existing church to house panel telecommunication antennas, and to install a 12'(V� x 20'(L) x 10'(H) equipment shelter. 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 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. 06-1985 CUP 05-014 & MUP 05-001 PAGE2of6 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 approves Conditional Use Permit Case No. 05-014, 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 Fellows, and by the following voice vote: AYES: Commissioners Ray, Fellows, Parker and Chair Brown NOES: None ABSENT: Commissioner Tait the foregoing Resolution was adopted this 3� day of January 2006. ATTEST: � ' L N REARDON-SMITH, TIM BROW , CHAI SECRETARY TO THE COMMISSION AS TO CONTENT: ROB STRONG; ���' COMMUNITY DEVELOPM NT DIRECTOR RESOLUTION NO. 06-1985 CUP 05-014 & MUP 05-001 PAGE3of6 EXHIBIT "A" CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT CASE NO. 05-014 CINGULAR WIRELESS 301 TRINITY AVENUE •►�► ► � � •��� ► � �:: i� ► � N A ONDITIONS This approval authorizes the construction of a 53'11" tall bell tower on an existing church to house panel telecommunication antennas, and the installation a 12'(W) x 20'(L) x 10'(H) equipment shelter. 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. 05-014. 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 January 3, 2006 and marked Exhibits "B-1 through B-3". 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 6 p.m. Monday through Friday, and between 8 a.m. and 5 p.m. on Saturday and Sunday. 7. Development shall conform to the Public Facility (PF) and D-2.8 zoning requirements except as otherwise approved. RESOLUTION NO. 06-1985 CUP 05-014 8� MUP 05-001 PAG E 4 of 6 � � •►� •► 8. Prior to issuance of a building permit, the applicant shall submit different design alternatives for the bell tower facility to the Architectural Review Committee for final approval. Design alternatives include alternate locations, styles and architectural detail. In general, the facility shall integrate colors and materials that blend with the existing structure and surrounding area. � 10 11. 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. All equipment shall be screened from public view. The facility shall not bear any signs or advertising devices other than certification, warning, or other FCC required seals or signage. � . : : � ��: ►� . 12. 13. 14. 15. 16. 17. 18. The project shall comply with the most recent editions of all California Building and Fire Codes, as adopted by the City of Arroyo Grande. The project shall provide complete compliance with State and Federal disabled access requirements. 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. 20. Any review costs generated by outside consultants, shall be paid by the applicant. RESOLUTION NO. 06-1985 CUP 05-014 & MUP 05-001 PAG E 5 of 6 21. Building Permit fees, to be based on codes and rates in effect at the time of building permit issuance. 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. �•:. � '�: ►i ► ► :� 11':• 1l ► : � C 11����� 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. 24 25 26 Fn .roa .hment Permit - The applicant shall be responsible for obtaining an encroachment permit for all work within a public right of way. G�adina - 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. 7Pro 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. 28. The applicant shall grind and overlay Trinity to the centerline across the entire frontage with 1'/z" of '/z" Type B asphalt. 29. The applicant shall install curb, gutter and sidewalk across the frontage to the barricade at the end of Trinity. Grades and alignment shall be as such to match the existing curb, gutter and sidewalk. RESOLUTION NO. 06-1985 CUP 05-014 & MUP 05-001 PAGE 6 of 6 30. The applicant shall make all necessary improvements to the driveway entrance to the church to match the curb, gutter and sidewalk improvements. 31. A registered civil engineer in the State of California shall design all project improvements required by the Public Works Department. 32. 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. 33. The applicant shall submit one (1) set of record draw ings on mylar and an electronic copy on CD in AutoCAD format at the conclusion of the improvements.