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PC R 02-1844� WHEREAS, the Planning Commission has reviewed this project in compliance with the California Environmental Quality Act (CEQA) and has determined that a Negative Declaration can be adopted; and WHEREAS, the Planning Commission finds after due study, deliberation and public hearing, the following circumstances exist: RESOLUTION NO. 02-1844 WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Conditional Use Permit Case No. 01-011 filed by Crown Castle International, to install cellular communication antennas for Verizon Wireless on a new seventy foot (70') tall light standard and a 336 square foot equipment cabinet within an 800 square foot lease area on City-owned property located at 1221 Ash Street (Soto Sports Complex); 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 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE ADOPTING A NEGATIVE DECLARATION, INSTRUCTING THE SECRETARY TO FILE A NOTICE OF DETERMINATION, AND APPROVING CONDITIONAL USE PERMIT CASE NO. 01-011, APPLIED FOR BY CROWN CASTLE INTERNATIONAL 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or located because the new light standard with the attached cellular telephone antennas will be replacing an outdated light standard. Because of the upgraded light system, the new lights will create less glare than the existing lights. 3. 4 The site is suitable for the type and intensity of use or development that is proposed because a light standard already exists at this location. There are adequate provisions for water, sanitation, and public utilities and services to ensure the public health and safety. RESOLUTION NO. 02-1844 CONDITIONAL USE PERMIT NO. 01-011 PAGE 2 OF 5 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 because the facility complies with the FCC Guidelines for RF emissions. Department of Fish and Game Required Findings of Exemption: 1. The City of Arroyo Grande has prepared an initial study pursuant to Section 15063 of the Guidelines of the California Environmental Quality Act (CEQA), for Conditional Use Permit Case No. 01-011. 2. Based on the initial study, a Negative Declaration was prepared for public review. 3. After holding a public hearing pursuant to State and City Codes, and considering the record as a whole, the Planning Commission adopted the Negative Declaration and found 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. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby adopts a Negative Declaration, instructs the Secretary to file a Notice of Determination, and approves Conditional Use Permit Case No. 01-011, 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 Guthrie, seconded by Commissioner Fowler, and by the following roll call vote, to wit: AYES: Commissioner's Guthrie, Fowler and Vice Chair Keen NOES: None ABSENT: Commissioner's Brown and Costello The foregoing resolution was adopted this 6 day of August 2002. ATTEST: - � - �-� LY REARDON-SMITH, JOSEP�H M. COSTELLO, CHAIR COMMISSION CLERK � ROB STRO�G, COMMUNITY DEVEL PMENT DIRECTOR � RESOLUTION NO. 02-1844 CONDITIONAL USE PERMIT NO. 01-011 PAGE 3 OF 5 EXHIBIT "A" CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT CASE NO. 01-011 CROWN CASTLE INTERNATIONAL SOTO SPORTS COMPLEX 1221 ELM STREET �►�►� ► � •'►i ► � '_: ►i ► C� N RAI C(�NDITIONS This approval authorizes the mounting of six (6) cellular telephone antennas on a new seventy-foot (70') tall light standard replacement, and placement of a 336 square foot equipment cabinet within an 800 square foot lease area adjacent to Porter Field in the Soto Sports Complex. 1. The applicant shall ascertain and comply with all 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. 01-011. 3. This application shall automatically expire on August 6, 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 August 6, 2002 and marked Exhibits "B-1 through B-5". 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. 6. Construction shall be limited to befinreen the hours of 7:00 a.m. and 7:00 p.m. Monday through Friday and befinreen 8:00 a.m. and 5:00 p.m. on Saturday and Sunday. RESOLUTION NO. 02-1844 CONDITIONAL USE PERMIT NO. 01-011 PAGE 4 OF 5 7. Development shall conform to the Public/Quasi-Public (PF) zoning requirements except as otherwise approved. 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. - • •►� •► � 10 The color of the antennas shall match the new light standard. The facility 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. The equipment shelter shall match the color and materials of the existing storage container located next to the batting cage. 12. The operator shall cooperate with any subsequent applicants for wireless communications facilities in the vicinity with regard to possible co-location on the light standard. � ► � ► � : � ' ' : ► i ► ` � 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. ' � •:. � ' : ►� ► ► : � 11 ' : • 11 ► : � : (1 ► 14. Site MaintPnan�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. 15. Fncr�a�hmPnt PPrmit - The applicant shall be responsible for obtaining an encroachment permit for all work within a public right of way. RESOLUTION NO. 02-1844 CONDITIONAL USE PERMIT NO. 01-011 PAGE 5 OF 5 16. 17. 18. Grad - All grading shall be done in accordance with the City Grading Ordinance. F_eeS - The applicant shall pay all applicable City fees at the time they are due. W�rk C��rciinati�n — The applicant shall notify the City 48 hours prior to commencing work. 19. Abancinnment — The applicant shall restore the site to its original condition if the facility ceases to operate, and the lease agreement with the City is formally terminated. 'C •: • ► ' : � ► ' :11 20. L�as� — The applicant shall secure a lease agreement with the City. 21. water �ine — The site plan shall identify the future extension of the water line from the Dixson Street water main to the Ash Street water main, in proximity to the new equipment shelter. The plan shall be of sufficient scale to show Ash Street and Dixson Street. 22. P1an�— All plans shall be approved by the Public Works Department. � L�