PC R 01-1794RESOLUTION NO. 01-1794
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. 00-021, APPLIED FOR BY ALPINE PCS
WHEREAS, the Planning Commission of the City of Arroyo Grande has considered
Conditional Use Permit Case No. 00-021, filed by Alpine PCS, to construct a total of
eight wall-mounted antennas and three equipment cabinets for a cellular
communication facility on the existing Trader Joe's building located at the Five Cities
Center.
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 Planned Development
1.2 district pursuant to the provisions of Section 9-03.050 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.
Resolution No. 01-1794
Conditional Use Permit No. 00-021
Page 2 of 5
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. 00-017.
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
Mitigated 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 71 1.2 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 Mitigated Negative Declaration, instructs the
Secretary to file a Notice of Determination, and approves Conditional Use Permit
Case No. 00-021, 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 Fowler, seconded by Commissioner Guthrie, and by the
following roll call vote, to wit:
AYES: Commissions Brown, Fowler, Guthrie, and Chair Costello
NOES: None
ABSENT: Commissioner Keen
the foregoing Resolution was adopted this 5th day of June 2001.
ATT T :
�-c%f:��Z�l� —
L n Reardon-Smith,
Acting Commission Clerk
AS T CO TENT:
erry Mc nts
Comm � ty Development Director
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Resolution No. 01-1794
Conditional Use Permit No. 00-021
Page 3 of 5
EXHIBIT "A"
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT CASE NO. 00-021
ALPINE PCS
TRADER JOE'S BUILDING, FIVE CITIES CENTER
COMMUNITY DEVELOPMENT DEPARTMENT
GENERAL CONDITIONS
This approval authorizes the construction of a wireless communications facility
including three equipment cabinets at the existing Trader Joe's building — Five Cities
Center.
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. 00-021.
3. This application shall automatically expire on June 5, 2003 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 June 5, 2001 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 between the hours of 7:00 a.m. and 7:00 p.m.
Monday through Friday and between 8:00 a.m. and 5:00 p.m. on Saturday.
Resolution No. 01-1794
Conditional Use Permit No. 00-021
Page 4 of 5
7. Development shall conform to the Planned Development 1.2 (PD 1.2) 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.
SPECIAL CONDITIONS
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The antennas and equipment cabinets shall be painted to match with the
existing Trader Joe's building.
The facilities shall not bear any signs or advertising devices other than
certification, warning, or other required seals or signage.
The existing electrical cabinet associated with the operation of the wireless
facility shall be painted to match the existing Trader Joe's building.
BUILDING AND FIRE DEPARTMENT
12. The applicant shall obtain a building permit for the equipment cabinets
located on the lease area of Trader Joe's roof and provide specifications and
calculations for the additional roof load.
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.
PUBLIC WORKS DEPARTMENT
GENERAL IMPROVEMENT REQUIREMENTS
14. 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.
15.
Fees - The applicant shall pay all applicable City fees at the time they are due.
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16. Work Coordination — The applicant shall notify the City 48 hours prior to
commencing work.
Resolution No. 01-1794
Conditional Use Permit No. 00-021
Page 5 of 5
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MITIGATION MEASURE(S)
17. Hazards (Zero Conflict with City'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.
Monitoring:
Responsible Department:
Timeframe:
The applicant shall conduct a radio frequency
study and submit the results to the Public
Works Department.
Public Works Department
Prior to issuance of building permit
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