PC R 04-1917RESOLUTION NO. 04-1917
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ARROYO GRANDE APPROVING CONDITIONAL USE
PERMIT CASE NO. 04-001, APPLIED FOR BY SPRINT PCS
WHEREAS, the Planning Commission of the City of Arroyo Grande has considered
Conditional Use Permit Case No. 04-001, filed by Sprint PCS, to co-locate six (6) panel
antennas on an existing monopine and place equipment cabinets in a 375 square foot
lease area on City-owned property located at Reservoir No. 2; 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 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.
3. The site is suitable for the type and intensity of use or development that is
proposed.
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.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
RESOLUTION NO. 04-1917
PAG E 2
Arroyo Grande hereby adopts a Mitigated Negative Declaration, instructs the Secretary to
file a Notice of Determination, and approves Conditional Use Permit Case No. 00-017,
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 Fowler, and by the
following roll call vote, to wit:
AYES: Commissioners Brown, Fowler, Keen and Chair Guthrie
NOES: None
ABSENT: Commissioner Arnold
the foregoing Resolution was adopted this 16 day of March 2004.
ATTEST:
. h �����%G�/1� ,
L N REARDON-SMITH,
SECRETARY TO THE COMMISSION
�
ES-GUTHRIE, CHAIR
ROB 9'TRON�; '
COMMUNITY DEVEL PMENT DIRECTOR
RESOLUTION NO. 04-1917
PAGE 3
EXHIBIT "A"
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT CASE NO. 04001
Sprint PCS
200 Hillcrest Drive — City Reservoir No. 2
•►i►i ► � � •'►i ► � '_: ii ►
GFNERAL GONDITIONS
This approval authorizes the to co-location of six (6) panel antennas at forty-six feet (46')
on an existing monopine and placement of equipment cabinets in a 375 square foot lease
area on City-owned property 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 Ca`se No. 04-001.
3. This application shall automatically expire on March 16, 2006 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 March 16, 2004 and marked Exhibits
"B-1 through B-11".
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.
0
7
Construction shall be limited to between the hours of 7:00 a.m. and 7:00 p.m.
Monday through Saturday. No construction shall occur on Sunday.
Development shall conform to the Public/Quasi-Public (PF) zoning requirements
except as otherwise approved.
RESOLUTION NO. 04-1917
PAGE 4
8. This Conditional Use Permit shall be subject to review by the Planning
Commission at the end of five (5) years from the date of approval. At any time, the
Planning Commission may modify existing conditions or impose new conditions to
protect the public health, safety and general welfare, as deemed necessary by the
Commission.
- _ •►� •►
�7
10
11
The antennas shall be painted to match the existing Nextel antennas, and shall
blend with the color of the faux monopine branches.
The facilities shall have subdued colors and non-reflective materials, which blend
with the materials and colors of the surrounding area.
The facilities shall not bear any signs or advertising devices other than certification,
warning, or other required seals or signage.
12. All accessory equipment ,associated with the operati of the wireless facility shall
��..
be located within a buildin:g, enclosure, or undergr'ound vault that complies with the
development standards of the PF zoning district.
� ► • ► � : � ' ` : ►1 ►
13. 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.
' � •:. � '�: ►i ►
► :G 11':• 11 ► : � : 11 ►
19. 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.
20
21
22.
Encroachment Permit - The applicant shall be responsible for obtaining an
encroachment permit for all work within a public right of way.
Gra�d�ina - All grading shall be done in accordance with the City Grading
Ordinance.
Fees - The applicant shall pay all applicable City fees at the time they are due.
n
�',�
RESOLUTION NO. 04-1917
PAG E 5
23. Work Coordination — The applicant shall notify the City 48 hours prior to
commencing work.
24. L�e. — The applicant shall obtain a lease agreement with the City prior to
issuance of grading or building permit, and shall comply with all terms of the
lease agreement.
':•: • ► �: �► ' C1�
25
26
27
Plans — All plans shall be approved by the City Department of Public Works and
shall accurately reflect the existing site conditions.
Access Ro�te to Eq�pment Shelter — The applicant shall build a ten-foot (10')
wide class II road base road to gain access to the equipment lease area.
Water Main — The applicant shall submit detailed plans for crossing the water
main with the electrical and telephone lines.
�: •: • ► : : � • • ��►
28. Access Road — The applicant shall install new base on the existing access road
and grade smooth.
29. 7Pro Gonflict with Gity'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.
�/
( ��
V
i
�_