PC R 02-1851RESOLUTION NO. 02-1851
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ARROYO GRANDE ADOPTING A MITIGATED
NEGATIVE DECLARATION, INSTRUCTING THE SECRETARY
TO FILE A NOTICE OF DETERMINATION, AND APPROVING
CONDITIONAL USE PERMIT CASE NO. 00-017, APPLIED
FOR BY NEXTEL COMMUNICATIONS
WHEREAS, the Planning Commission of the City of Arroyo Grande has considered
Conditional Use Permit Case No. 00-017, filed by Nextel Communications, to construct a
sixty-finro foot (62') tall cellular communication monopine on City-owned property located
at Reservoir No. 2 and expand the existing City communications building by 175 square
feet to accommodate Nextel's equipment; 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 a Mitigated
Negative Declaration can be adopted; 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.
Required CEQA Findings:
1. The City of Arroyo Grande has prepared an initial study pursuant to Section 15063
RESOLUTION NO. 02-1851
CONDITIONAL USE PERMIT NO. 00-017
PAGE20F6
of the Guidelines of the California Environmental Quality Act (CEQA), for
Conditional Use Permit Case No. 00-017.
2. Based on the initial study, a Mitigated Negative Declaration was prepared for
public review. A copy of the Mitigated Negative Declaration and related materials
is located at City Hall in the Community Development Department.
3. After holding a public hearing pursuant to State and City Codes, and considering
� the record as a whole, the Planning Commission adopts a negative declaration
and finds that there is no substantial evidence of any significant adverse effect,
either individually or cumulatively on wildlife resources as defined by Section 711.2
of the Fish and Game Code or on the habitat upon which the wildlife depends as a
result of development of this project. Further, the Planning Commission finds that
said Mitigated Negative Declaration reflects the City's independent judgment and
analysis. .
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
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 Keen, seconded by Commissioner Guthrie, and by the
following roll call vote, to wit:
AYES: Commissioners Keen, Guthrie, Brown, Fowler and Chair Costello
NOES: None
ABSENT: None
the foregoing Resolution was adopted this 1 S' day of October 2002.
ATTEST:
�� ,
LYN REARDON-SMITH,
COMMISSION CLERK
AS TO CONTENT:
JO�EPIi M. COSTELLO, CHAIR
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ROB T ONG,
COMMUNITY DEVELOPMENT DIRECTOR
RESOLUTION NO. 02-1851
CONDITIONAL USE PERMIT NO. 00-017
PAGE30F6
EXHIBIT "A"
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT CASE NO. 00-017
NEXTEL COMMUNICATIONS
200 HILLCREST DRIVE - CITY RESERVOIR NO. 2
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G NERA� C:(�NDITI(�NS
This approval authorizes the construction of a sixty-two foot (62') tall, unmanned wireless
communications facility ("monopine") and expansion of the City's communications
building by 175 square feet to accommodate Nextel's equipment. The project is located
at City Reservoir No. 2 off of Hillcrest Drive.
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3. This application shall automatically expire on October 1, 2004 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 October 1, 2002 and marked Exhibits
"B-1 through B-7".
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.
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 Case No. 00-017.
6. Construction shall be limited to befinreen the hours of 8:00 a.m. and 6:00 p.m.
Monday through Friday and between 8:00 a.m. and 5:00 p.m. on Saturday.
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Development shall conform to the Public/Quasi-Public (PF) zoning requirements
except as otherwise approved.
RESOLUTION NO. 02-1851
CONDITIONAL USE PERMIT NO. 00-017
PAGE40F6
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.
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9. The maximum height of the monopine shall not exceed sixty-two feet (62') from
finished grade.
10. The monopine shall be camouflaged as a pine tree to match the existing pine
trees located on the project site and shall be maintained for the life of the project.
11. The facilities shall have subdued colors and non-reflective materials, which blend
with the materials and colors of the surrounding area.
12. The facilities shall not bear any signs or advertising devices other than certification,
warning, or other required seals or signage.
13. 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.
14. The operator shall cooperate with any subsequent applicants for wireless
communications facilities in the vicinity with regard to possible co-location on the
monopine. If co-location is approved, such subsequent applicants shall be
responsible for reimbursement for a portion of the cost of the monopine.
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The applicant shall purchase a new Fire Department antenna and locate it on the
new monopine as directed by the Fire Chief.
The applicant shall purchase new co-axial cable for the Fire Department.
17. Prior to issuance of a building permit, the applicant shall enter into a
sublicensee agreement with the City providing for co-location of City antennas on
the monopine facility. Said agreement shall be subject to approval by the
Director of Building and Fire and the City Attorney.
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18. PRIOR TO ISSUING A BUILDING PERMIT, the applicant shall submit a
landscape and irrigation plan showing 15-gallon Brisbane Box trees planted 15
feet apart outside the dripline of the existing Lido Pine trees. The total number of
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RESOLUTION NO. 02-1851
CONDITIONAL USE PERMIT NO. 00-017
PAGE50F6
trees to be planted is approximately 16. The landscape and irrigation plan shall
be reviewed and approved by the Parks, Recreation and Facilities Director.
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19. SitP MaintPnanc:P - 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.
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24.
25.
Fnc:r�ar.hmPnt PPrmit - The applicant shall be responsible for obtaining an
encroachment permit for all work within a public right of way.
�ra� - All grading shall be done in accordance with the City Grading
Ordinance.
FAP.S - The applicant shall pay all applicable City fees at the time they are due.
W�rk C��rdinati�n — The applicant shall notify the City 48 hours prior to
commencing work.
� AA�P — The applicant shall comply will all terms of the lease agreement.
C�-axial Cable - The applicant shall purchase new co-axial cable for the Public
Works Department.
26. � �i�mPnt RPl�r.ati�n - The applicant shall relocate the existing water line
affected by the expanded communications building, relocate the existing
propane line affected by the installation of the monopine, and enclose the Public
Works "SCADA system" equipment inside the City communications building.
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27. P1an�— All plans shall be approved by the City Department of Public Works.
2$. MetPr l_nc:ati�n — The applicant shall submit a revised site plan identifying the
Iocation of the electric meter and proposed conduit runs for electrical upgrades, if
anticipated.
2g. T�wPr F��tina — The site plan shall be revised to show the size and depth of the
tower footing.
RESOLUTION NO. 02-1851
CONDITIONAL USE PERMIT NO. 00-017
PAGE60F6 �
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30. S�il� RT�rt — A preliminary soils report shall be prepared by a registered civil
engineer and supported by adequate test borings for the tower footing. All
earthwork design and grading shall be performed in accordance with the
approved soils report.
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31. RPlnr.ati�n of lltilitiPS — The applicant shall relocate the City's water main and
propane gas line, which are in conflict with the proposed equipment shelter. The
relocation can be designed and performed with applicant's forces (subject to City
approval), or the applicant can opt to have City forces perform the relocation and
reimburse the City for the cost of relocation.
32. AntPnna RPl��ati�n — The applicant shall relocate all operating antennas from
the existing lattice tower and water tank to the new monopine. Relocation of
antennas shall be coordinated with City Police, Fire, and Public Works
Departments to minimize disruptions in City communication during relocation.
33. I attir.P T�wPr RPm�val —
tower in its entirety.
MITIGATION MEASURE(S)
The applicant shall remove the existing lattice antenna
34. Ha�arci� ( Pm nnflirt with Citv'� .�mm �ni�ationl - 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.
Monitoring:
Responsible Depts:
Timeframe:
The applicant shall provide a radio frequency
study, performed by a third party, and submit
the results to the Building & Fire, and Public
Works Departments.
Building & Fire, and Public Works Departments.
Prior to issuance of building permit.
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