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
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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:
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LYN EARDON-SMITH,
SECRETARY TO THE COMMISSION
ROB -
COMMUNITY DEVELOP ENT DIRECTOR
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ES GUTHRIE, CHAIR
RESOLUTION NO. 03-1912
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EXHIBIT "A"
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT CASE NO. 03-004
CINGULAR WIRELESS
CITY RESERVOIR NO. 4
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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
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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.
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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".
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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.
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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.
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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.