Loading...
PC R 00-1769RESOLUTION NO. 00-1769 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING CONDITIONAL USE PERMIT CASE NO. 00-016, APPLIED FOR BY SLO CELLULAR WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Conditional Use Permit Case No. 00-016, filed by SLO Cellular, to mount two (2) cellular communication antennas, 8'-6" in height, on top of City Reservoir No. 4 and place an equipment cabinet on the lease area adjacent to 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 the project is categorically exempt pursuant to Section 15303 of the CEQA Guidelines; and WHEREAS, the Planning Commission finds after due study, deliberation and public hearing, the following circumstances exist: 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. 00-1769 Conditional Use Permit No. 00-016 Page 2 of 5 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves Conditional Use Permit Case No. 00-016, 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 Costello, and by the following roll call vote, to wit: AYES: Commissioners Costello, Keen, London, Vice Chair Parker, and Chair Greene NOES: None ABSENT: None the foregoing Resolution was adopted this 5 day of December 2000. ATTEST: �C Q.(.1A1/Y1 �Q �/L1�0/YJQ, Kathleen Fryer, Commission lerk Laurence Greene, Chair AS TO CONTENT: Kerry Mc � a sU " Community Development Director Resolution No. 00-1769 Conditional Use Permit No. 00-016 Page 3 of 5 _� EXHIBIT "A" CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT CASE NO. 00-016 SLO CELLULAR CITY RESERVOIR NO. 4 COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS This approval authorizes the mounting of two (2) cellular communication antennas, 8'-6" in height, on top of City Reservoir No. 4 and the placement of an equipment cabinet on the lease area adjacent to the water tank. 1. 2. 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. 00-016. 3. This application shall automatically expire one year after approval 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 December 5, 2000 and marked Exhibits "B-1 through B-9". 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. 00-1769 Conditional Use Permit No. 00-016 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. SPECIAL CONDITIONS � i[�] 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. BUILDING & FIRE DEPARTMENT 12. If an equipment shelter is proposed in conjunction with this project, the applicant shall provide an area within the shelter for City use that is four feet (4') by eight feet (8') by the full height of the structure. PUBLIC WORKS DEPARTMENT GENERAL IMPROVEMENT REQUIREMENTS The facilities shall have subdued colors and non-reflective materials, which blend with the materials and colors of the surrounding area. The facilities shall not bear any signs or advertising devices other than certification, warning, or other required seals or signage. I � 13. 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. 14. 15. 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. Resolution No. 00-1769 Conditional Use Permit No. 00-016 Page 5 of 5 16. 17. 18. 19. Fees - The applicant shall pay all applicable City fees at the time they are due. Plans — All plans shall be approved by the City Department of Public Works. 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. 20. 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. 21. Access Road — Prior to final inspection, the applicant shall repair any potholes, ruts, etc. in the access road, and overlay with a minimum of 2" HMAC. 22. Utilities - The applicant shall either: 1) obtain an adequate easement to place the electrical conduit; or 2) place the utilities within the existing PUE along the access road. Prior to issuance of building permit, the applicant shall submit a revised sheet "C-9" identifying exactly where the conduit will be placed. Any work done in the PUE shall be completed prior to the repair and resurfacing of the access road. \./ .�