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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: , � �• �� Kathleen Fryer, Commissi n Clerk Jos ph M. Costello, Chair AS TO ON NT: Kerry s � Community Development Director � � 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. 1 f�� 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. I L__J Resolution No. 01-1782 Conditional Use Permit No. 01-003 Page5of6 r i 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: l;�; "�; � 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 .�� �.. . _` >. � ;�... �