PC R 01-1782RESOLUTION NO. 01-1782
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.
01-003, APPLIED FOR BY SPRINT PCS
WHEREAS, the Planning Commission of the City of Arroyo Grande has considered
Conditional Use Permit Case No. 01-003, filed by Sprint PCS, to mount six (6)
cellular communication antennas, 8'-6" in height, on top of City Reservoir No. 4 and
place two (2) equipment cabinets on the lease area located west 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 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 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. 01-1782
Conditional Use Permit No. 01-003
Page 2 of 6
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 (CEQA1,
for Conditional Use Permit Case No. 01-003.
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. 01-003, 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 Brown and by the
following roll call vote, to wit:
AYES: Commissioners, Brown, Fowler, Guthrie, Keen and Chair Costello
NOES: None
ABSENT: None
the foregoing Resolution was adopted this 3` day of April 2001 .
ATTEST:
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Kathleen Fryer, Commissi n Clerk Jos ph M. Costello, Chair
AS TO ON NT:
Kerry s �
Community Development Director
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Resolution No. 01-1782
Conditional Use Permit No. 01-003
Page 3 of 6
EXHIBIT "A"
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT CASE NO. 01-003
SPRINT PCS
CITY RESERVOIR NO. 4
COMMUNITY DEVELOPMENT DEPARTMENT
GENERAL CONDITIONS
This approval authorizes the mounting of six (6) cellular communication antennas, 7'-
6" in height, on top of City water tank Reservoir No: 4 and the placement of two (2)
equipment cabinets in a 240 square foot lease area located approximately 75 feet
west of the water tank.
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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. 01-003.
3. This application shall automatically expire on April 3, 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 April 3, 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. 01-1782
Conditional Use Permit No. 01-003
Page 4 of 6
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.
SPECIAL CONDITIONS
9. The facilities shall have subdued colors and non-reflective materials, which
blend with the materials and colors of the surrounding area.
10. The facilities shall not bear any signs or advertising devices other than
certification, warning, or other required seals or signage.
1 1. 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.
PUBLIC WORKS DEPARTMENT
GENERAL IMPROVEMENT REQUIREMENTS
12. 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 or the Community Development
Director.
13.
14.
15.
16.
17.
Encroachment Permit - The applicant shall be responsible for obtaining an
encroachment permit for all work within a public right of way.
Gradinq - All grading shall be done in accordance with the City Grading
Ordinance.
Fees - The applicant shall pay all applicable City fees at the time they are due.
Lease — The applicant shall comply will all terms of the lease agreement.
Antennas — Height of antennas shall not exceed 8'-6"' above top of tank.
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Resolution No. 01-1782
Conditional Use Permit No. 01-003
Page5of6
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PRIOR TO ISSUING A BUILDING PERMIT
18. Plans — All plans shall be approved by the City Department of Public Works.
19. Shared Trench — Developer shall make arraignments with SLO Cellular to install
utility conduits concurrently so as to avoid cutting and patching of newly paved
road.
20. Utilities - The applicant shall place the utilities within the existing PUE along the
access road. Any work done in the PUE shall be completed prior to the repair
and resurfacing of the access road, and coordinated with Cellular One. To avoid
additional utility trenching along the PUE, conduit not less than 3" in diameter
shall be placed within the PUE for future service demands.
PRIOR TO ISSUING A CERTIFICATE OF OCCUPANCY
21. Access Road — Prior to final inspection, the applicant shall repair any potholes,
ruts, etc. in the access road located between Branch Mill Road and the water
tank site, and overlay with a minimum of 2" HMAC. This work may be performed
by others. The applicant shall also install a 10 mph speed limit sign (exact
dimensions and location to be determined by the Director of Public Works) and
trim the trees and shrubs for safety purposes.
MITIGATION MEASURES
�22. Gate — The existing gate located approximately half way up the access road
shall be replaced with a new gate.
23. 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, 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 City'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.
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
Resolution No. 01-1782
Conditional Use Permit No. 01-003
Page6of6 ;�:
24. Cultural Resources - A monitor with knowledge of archaeological resources
shall be present during all construction excavation. The following note shall be
placed on the grading and improvement plans for the project:
"In the event that during grading, construction or development of
the project, archeological resources are uncovered, all work shall
be halted until the significance of the resources are determined.
If human remains (burials) are encountered, the County Coroner
(781-4513) shall be contacted immediately. The applicant may
be required to provide archaeological studies and/or additional
mitigation measures as required by the California Environmental
Quality Act if archaeological resources are found on the site."
Monitoring:
Responsible Department:
Timeframe:
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Review of grading and/or building plans and
site visits by the Public Works Inspector.
Public Works, Building Departments
Prior to issuance of a grading/and or building
permit, and during utility trenching activities
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