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PC R 03-1912RESOLUTION NO. 03-1912 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING CONDITIONAL USE PERMIT CASE NO. 03-004, APPLIED FOR BY CINGULAR WIRELESS WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Conditional Use Permit Case No. 03-004, filed by Cingular Wireless, to mount eight (8) cellular communication antennas, approximately 8' in height, on top of City Reservoir No. 4 and place an equipment shelter on a 504 square foot lease area located south of the water tank. 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 pub!ic health, safety, or welfare, or materially injurious to properties and improvemen#s in the vicinity. RESOLUTION NO. 03-1912 PAGE 2 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves Conditional Use Permit Case No. 03-004, 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, Arnold, Keer�, and Chai� Guthrie NOES: None ABSENT: None the foregoing resolution was adopted this 16 day of December 2003 ATTEST: h �����:� — LYN EARDON-SMITH, SECRETARY TO THE COMMISSION ROB - COMMUNITY DEVELOP ENT DIRECTOR �G ���� ����� �� � ES GUTHRIE, CHAIR RESOLUTION NO. 03-1912 PAGE 3 EXHIBIT "A" CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT CASE NO. 03-004 CINGULAR WIRELESS CITY RESERVOIR NO. 4 •►��� ► � � •�►� ► � �_: �i ► GENE AL GONDITIONS This approval authorizes the mounting of eight (8) cellular communication antennas, approximately 8' in height, on top of City water tank Reservoir No. 4 and the placement of an equipment shelter in a 504 square foot lease area located south of the water tank. 1. The applicant shall ascertain and comply with ail 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. 03-004. 3. This application shall automatically expire on December 16, 2005 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 December 16, 2003 and marked Exhibits "B-1 through B-6". 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 an�r 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 7:00 a.m. and 7:00 p.m. Monday through Saturday. No construction shall occur on Sunday. 7. Development shall conform to the Public/Quasi-Public (PF) zoning requirements except as otherwise approved. RESOLUTION NO. 03-1912 PAG E 4 8. This Conditional Use Permit shall be subj�ct 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. - : •►� •► � T 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. 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. 12. Prior to issuing a building permit, the applicant shall submit a landscaping and irrigation plan for landscaping intended to screen the equipment shelter. The landscape plan shall be prepared by a licensed landscape architect subject to review and approval by the Community Development Department and Parks, (1) Water conservation practices includir�g the use of low flow heads, drip irrigation, mulch, gravel, drought tolerant plants and mulches; (2) An automated irrigation system; and (3) All slopes 2:1 or greater shall have jute mesh, nylon mesh or equivalent material for purposes of erosion control. Recreation & Facilities Department. The landscaping plan shall include the following: a. Soil preparation and planting detail; b. Plant species, quantity and size; c. Plant location; d. The required landscaping and improvements. This includes: 13. The applicant shall extend the irrigation water line to the Sprint equipment shelter for the purpose of watering plants to screen the shelter. The water used to irrigate plants shall be provided by the City of Arroyo Grande and shall not be metered. 14. Prior to issuing a certificate of occupancy, the applicant shall install a 10 MPH speed limit sign along the access road (Huebner Lane) at a location determined by the Director of Public Works. A second sign shall be installed near the intersection of Branch Mill Road and Huebner Lane indicating that Huebner Lane is a"Private Road". � � J RESOLUTION NO. 03-1912 PAGE 5 ' ' � • : . � ' � : �Jil���l ► : : ►� ' : • u ► : l� : ►� ► 15. Site Maintenance - The developer shall be respcnsible during construction for cleaning city streets, curbs, gutters, and sidewalks of dirt tra�ked 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 or the Community Development Director. 16. Fncroachment Permit - The applicant shall be responsible for obtaining an encroachment permit for all work within a public right of way. 17. �ading - All grading shall be done in accordance with the City Grading Ordinance. A detailed grading plan, includinc� retaining wall details, shall be submitted. 18. F�� - The applicant shall pay all applicable City fees at the time they are due. 19. Leas��. — The applicant shall obtain a lease agreement with the City prior to issuance of grading or building permit, and shall comply will all terms of the lease agreement. 20 21 22 Antennas — Height of antennas shall not exceed tf�e height of existing antennas and shall be painted to match the color of the w�ter tank. AccesG Road — Between Branch Mill Road and the water tank site, repair any potholes, ruts, etc. in the access road. �.. �rity �at _s — Both gates shall be fitted with multi-lock systems to replace the existing, inadequate design of several locks on a piece of chain. 23. I_ tri .itv — The applicant shall verify that there is adequate capacity in the existing conduits to run power up the hill. If new conduit needs to be installed, that need shall be reflected on the plans. The trench repair shall be in accordance with City Standards. 24. Site Road — The applicant shall overlay the existing paved area around the tank with 1" of asphalt. 25. New Curb — The applicant shall replace the existing curb adjacent to the proposed equipment shelter with new curb. 26. paint — The existing paint on the tank is "Porcel�in '60 Series' Industrial Enamel". The color is "New Mushroom" and is available at Miner's Hardware in Arroyo Grande. This shall be used for all tank painting required, including the cable tray. RESOLUTION NO. 03-1912 PAG E 6 : •: • ► • � ► :►i 27. P1an�_— All plans shall be approved by the City Department of Public Works and shall accurately reflect the existing site conditions. . 28. l�il��.- The applicant shall place all new utilities within the existing PUE along the side of the access road to avoid cutting and patching of the paved road. Any damage to the paved access road shall be corrected to the satisfaction of the Director of Public Works prior to issuance of a building permit. 29. 7ero Gonflict with Gity's Gomm�nication - The applicant shall perform a radio frequency study to determine possible conflicts with the City's communication system, or any other existing communication system located on the project site, 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 Gity's or other communication carrier's radio system. If the proposed system does interfere with the operation of existing communication systems, the proposed system shall remain inactive until such time that the proposed system can be made to cause zero interFerence.