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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 �_