PC R 24-2404RESOLUTION NO. 24-2404
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ARROYO GRANDE APPROVING CONDITIONAL
USE PERMIT 24-001; LOCATED AT 959 VALLEY ROAD;
APPLICANT = VERIZON WIRELESS
WHEREAS, the project site is zoned Public Facility (PF), and located near the comer of
Valley Road and Los Berros Road; and
WHEREAS, the applicant, Verizon Wireless submitted a conditional use permit application
to install a telecommunication facility consisting of three (3) C -band panel antennas, six (6)
LTE panel antennas, six (6) LTE remote radio units, and related equipment in a sixty-eight
foot (68') faux pine tree, emergency backup generator within a 900 square foot enclosure at
959 Valley Road in the Public Facility zoning district; and
WHEREAS, Municipal Code Section 16.16.050 authorizes the Planning Commission to
approve Conditional Use Permit applications, with recommendations from the Staff Advisory
Committee and Architectural Review Committee; and
WHEREAS, the Staff Advisory Committee considered the project on September 11, 2024,
and recommended approval of the project; and
WHEREAS, the Architectural Review Committee considered the project on September 16,
2024, and recommended approval of the project with conditions; and
WHEREAS, the Planning Commission has reviewed this project in compliance with the
California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Arroyo
Grande Rules and Procedures for Implementation of CEQA and determined that the
construction of a sixty-eight foot wireless telecommunication facility is categorically exempt
from the California Environmental Quality Act ("CEQA") under the Class 3 exemption, which
applies to the construction and location of limited numbers of new, small facilities or
structures; installation of small new equipment and facilities in small structures; and the
conversion of existing small structures from one use to another where only minor
modifications are made in the exterior of the structure. (State CEQA Guidelines, § 15303.)
The Planning Commission determined that none of the exceptions outlined in State CEQA
Guidelines section 15300.2 apply as the project will not impact on an environmental
resource of hazardous or critical concern where designated, precisely mapped, and officially
adopted pursuant to law by federal, state, or local agencies. There will be no cumulative
impact of successive projects of the same type in the same place, over time. There will be
no significant environmental impact due to unusual circumstances. The project will not result
in damage to scenic resources. The _project site is not on any list compiled pursuant to
Government Code section 65962.5, and there are no historical resources on or near the
project site that would result in a substantial adverse change as a result of the project.
Therefore the project falls within the Class 3'exemption and no further environmental review
is required; and
WHEREAS, the Planning Commission of the City of Arroyo Grande has reviewed the project
at a duly noticed public hearing on October 15, 2024; and
WHEREAS, the Planning Commission has found that this project is consistent with the
General Plan and Arroyo Grande Municipal Code; 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 permitted within the subject district pursuant to the
provisions of this section and complies with all the applicable provisions of this
title, the goals, and objectives of the Arroyo Grande General Plan, and the
development policies and standards of the City.
The proposed use is permitted within the subject Public Facility zoning district
with approval of a conditional use permit by the Planning Commission after
receiving a recommendation from the Staff Advisory Committee and
Architectural Review Committee. The proposed project 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. In addition, the facility will operate in full compliance with all state
and federal regulations including the Telecommunications Act of 9996.
2. The proposed use would not impair the integrity and character of the district
in which it is to be established or located.
The proposed use will not impair the integrity and character of the district in
which it is to be established or located as the project is in compliance with the
City of Arroyo Grande's Telecommunication Facilities Siting and Permit
Submittal Requirements and the proposed facility utilizes a stealth design to
conceal or obscure all tower mounted antennas and transmission equipment
within a faux pine tree design.
3. The site is suitable for the type and intensity of use or development that is
proposed.
The site is suitable for the type and intensity of use or development that is
proposed. The facility is not located within a densely developed or exclusively
residential neighborhood, and the design of the structure will help camouflage
the equipment by utilizing a stealth faux tree design to screen all tower
mounted antennas and transmission equipment
4. There are adequate provisions for water, sanitation, and public utilities and
services to ensure public health and safety.
There are adequate provisions for public utilities and services to ensure the
public health and safety and no new utilization of these public utilities and
services is anticipated with the proposed project.
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.
The proposed use will not be detrimental to the public health, safety, or
welfare, or materially injurious to properties and improvements in the
vicinity. The telecommunication facility will be unstaffed, have no impact on
circulation systems, and will generate minimal noise, limiting any adverse
impacts to adjacent land uses, and the applicant has established that the
proposed facility will comply with all Federal Communications
Commissions' standards for RF emissions.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo
Grande hereby approves Conditional Use Permit 24-001 as set forth in Exhibit "B", attached
hereto and incorporated herein by this reference, 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
call vote, to wit:
AYES:
NOES:
ABSENT:
, seconded by Commissioner , and by the following roll
the foregoing Resolution was adopted this 15th day of October, 2024.
JAMIE MARAVI LIA,
CHAIR
ATTEST:
SECRETARY TO THE COMMISSION
AS TO CONTENT-
/
BRIAN PEDROTTI
COMMUNITY DEVELOPMENT DIRECTOR
EXHIBIT `A'
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT 24-001
VERIZON WIRELESS
959 VALLEY ROAD CELL TOWER
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
GENERAL CONDITIONS
This approval authorizes Verizon Wireless to install a wireless telecommunication
facility consisting of antennas, emergency back-up generator, and associated
transmission equipment as outlined in the project description of Conditional Use
Permit 24-001.
2. Permittee shall maintain compliance at all times with all federal, state, and local
statutes, regulations, orders, or other rules that carry the force of law ("laws")
applicable to the permittee, the subject property, the wireless facility, or any use or
activities in connection with the use authorized by this permit, which includes without
limitation any laws applicable to human exposure to RF emissions. The permittee
expressly acknowledges and agrees that this obligation is intended to be broadly
construed and that no other specific requirements in these conditions are intended
to reduce, relieve, or otherwise lessen the permittee's obligations to maintain
compliance with all laws. In the event that the City fails to timely notice, prompt, or
enforce compliance with any applicable provision in the Arroyo Grande Municipal
Code, any permit, any permit condition, or any applicable law or regulation, the
applicant or permittee will not be relieved from its obligation to comply in all respects
with all applicable provisions in the Arroyo Grande Municipal Code, any permit, any
permit condition, or any applicable law or regulation.
3. The applicant shall comply with all conditions of approval for Conditional Use Permit
24-001. Permittee must incorporate this permit, all conditions associated with this
permit, and the approved photo simulations into the project plans (the "approved
plans"). The permittee must construct, install and operate the wireless
communication facility in strict compliance with the approved plans. Any alterations,
modifications or other changes to the approved plans, whether requested by the
permittee or required by other departments or public agencies with jurisdiction over
the wireless communication facility, must be submitted in a written request subject
to the Director of the Community Development Department's prior review and
approval.
4. This permit will automatically expire 10 years and one day from its date of issuance.
Any application to renew this permit must be tendered to the Director of Community
Development within one (1) year prior to the expiration of this permit, and shall be
accompanied by all required application materials, fees and deposits for a new
application as then in effect. The approval authority shall review an application for
permit renewal in accordance with the standards for new facilities as then in -effect.
The Director of the Community Development may, but is not obligated to, grant a
written temporary extension on the permit term to allow sufficient time to review a
timely submitted permit renewal application.
5. This approval shall automatically expire on February 6, 2026, 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.
6. Development shall conform to the Public Facility zoning district requirements except
as otherwise approved.
7. Development shall occur in substantial conformance with the plans presented to the
Planning Commission at the meeting of October 15, 2024, and marked Exhibit "B".
8. To the extent permitted by law, Applicant shall defend, indemnify and hold harmless
the City of Arroyo Grande, its City Council, its officers, employees and agents (the
"indemnified parties") from and against any claim, action, or proceeding brought by
a third party against the indemnified parties and the applicant to attack, set aside, or
void any permit or approval for this project authorized by the City, including (without
limitation) reimbursing the City its actual attorney's fees and costs in defense of the
litigation. The City may, in its sole discretion, elect to defend any such action with
attorneys of its choice. The Applicant shall reimburse the City for any court and
attorney's fees which the City may be required to pay as a result of any claim or
action brought against the City related to this permit or approval. Although the
Applicant is the real party in interest in an action, the City may, at its sole discretion,
participate at its own expense in the defense of the action, but such participation
shall not relieve the Applicant of any obligation under this condition.
9. A copy of these conditions and mitigation measures shall be incorporated into all
construction documents.
10. Noise resulting from construction and operational activities shall conform to the
standards set forth in Chapter 9.16 of the Municipal Code. Construction activities
shall be restricted to the hours of 7 AM to 5 PM Monday through Friday, and from 9
AM to 5 PM on Saturdays. No construction shall occur on Sundays or City observed
holidays. Permittee shall use all reasonable efforts to avoid any and all undue or
unnecessary adverse impacts on nearby properties that may arise from the
permittee's or its authorized personnel's construction, installation, operation,
modification, maintenance, repair, removal and/or other activities at the site. Impacts
of radio frequency emissions on the environment, to the extent that such emissions
are compliant with all applicable laws, are not "adverse impacts" for the purposes of
this condition. The permittee shall not perform or cause others to perform any
construction, installation, operation, modification, maintenance, repair, removal, or
other work that involves heavy equipment or machines, except during normal
construction hours as set forth in the Arroyo Grande Municipal Code and set forth
herein. The restricted work hours in this condition will not prohibit any work required
to prevent an actual, immediate harm to property or persons, or any work during an
emergency declared by the City. The Director of Community Development, or the
Director's designee, may issue a stop work order for any activities that violate this
condition.
11. At the time of application for construction permits, the applicant shall provide details
on any proposed exterior lighting, if applicable. The lighting plan shall include the
height, location, and intensity of all exterior lighting consistent with Section
16.48.090 of the Development Code. All lighting fixtures shall be shielded so that
neither the lamp nor the related reflector interior surface is visible from adjacent
properties. All lighting for the site shall be downward directed and shall not create
spill or glare to adjacent properties. All lighting shall be energy efficient (e.g. LED).
12. All conditions of this approval run with the land and shall be strictly adhered to, within
the time frames specified, and in an on-going manner for the life of the project.
Failure to comply with these conditions of approval may result in an immediate
enforcement action. If it is determined that violation(s) of these conditions of
approval have occurred, or are occurring, this approval may be revoked pursuant to
Development Code Section 16.08.100.
SPECIAL CONDITIONS
13. The facility is approved as a stealth wireless communications facility that conceals
or otherwise obscures all antennas and other tower -mounted transmission
equipment within the faux pine tree which is intended to make the facility look like
something other than a wireless tower or base station. Subsequent modifications to
the facility shall maintain compliance with this condition of approval to the extent
permitted by state and federal law.
14. The facility shall not bear any signs or advertising devices other than certification,
warning, or other FCC required seals or signage.
15. All equipment shall be enclosed or screened and painted to match the approved
color of the structure.
16. The permittee shall keep the site, which includes without limitation any and all
improvements, equipment, structures, access routes, fences, and landscape
features, in a neat, clean, and safe condition in accordance with the approved plans
and all conditions in this permit. The permittee shall keep the site area free from all
litter and debris at all times. The permittee, at no cost to the City, shall remove and
remediate any graffiti or other vandalism at the site within 48 hours after the
permittee receives notice or otherwise becomes aware that such graffiti or other
vandalism occurred.
17. The permittee shall ensure that all equipment and other improvements to be
constructed and/or installed in connection with the approved plans are maintained
in a manner that is not detrimental or injurious to the public health, safety, or general
welfare, and that the aesthetic appearance is continuously preserved and
substantially the same as shown in the approved plans at all -times relevant to this
permit. The permittee further acknowledges that failure to maintain compliance with
this condition may result in a code enforcement action.
18. The permittee expressly acknowledges and agrees that the City's officers, officials,
staff, and other designees may enter onto the site and inspect the improvements
and equipment upon reasonable prior notice to the permittee; provided, however,
that the City's officers, officials, staff, or other designees may, but will not be
obligated to, enter onto the site area without prior notice to support, repair, disable,
or remove any improvements or equipment in emergencies or when such
improvements or equipment threatens actual, imminent harm to property or persons.
The permittee will be permitted to supervise the City's officers, officials, staff, and
other designees while any such inspection or emergency access occurs.
19. The permittee shall furnish the Director of Community Development with accurate
and up-to-date contact information for a person responsible for the wireless facility,
which includes without limitation such person's full name, title, direct telephone
number, facsimile number, mailing address, and email address. The permittee shall
keep such contact information up-to-date at all times and immediately provide the
Director with updated contact information in the event that either the responsible
person or such person's contact information changes.
20. The permittee must maintain complete and accurate copies of all permits and other
regulatory approvals issued in connection with the wireless facility, which include,
without limitation, this approval, the approved plans and photo simulations
incorporated into this approval, all conditions associated with this approval, and any
ministerial permits or approvals issued in connection with this approval. In the event
that the permittee does not maintain such records as required in this condition, any
ambiguities or uncertainties that would be resolved through an inspection of the
missing records will be construed against the permittee. The permittee may keep
electronic records; provided, however, that hard copies kept in the city's regular files
will control over any conflicts between such hard copies and the permittee's
electronic copies, and complete originals will control over all other copies in any
form.
21. The applicant shall implement and maintain compliance with the recommended
mitigation measures contained in the Radio Frequency (RF) Study prepared by
Dtech Communications, LLC, dated May 13, 2024 to the extent permitted by state
and federal law.
a. Access to the facility should be controlled to prevent unauthorized routine
access by the public and restricted to personnel who has been made fully
aware of the potential for RF exposure.
b. Install RF advisory signs according to the Recommendation Diagram.
c. Apply RF safety program. Proper notification including identification of
restricted areas or RF exposure maps, antenna power down procedures and
contact information must be provided to the facilities landlord or property
owner. This will help ensure that a regional point of contact or the NOC will
be contacted when someone in the public needs to perform maintenance in
areas of potential concern.
BUILDING AND LIFE SAFETY DIVISION AND FIRE DEPARTMENT CONDITIONS
22. The project shall comply with the most recent editions of all California Codes, as
adopted by the City of Arroyo Grande.
23. Any review costs incurred by the City and generated by outside consultants for plan
check services shall be paid by the applicant during the building permit approval
process.
24. Building Permit fees shall be based on codes and rates in effect at the time of
building permit issuance.
25. Building permits shall be obtained prior to installation.
ENGINEERING DIVISION AND PUBLIC WORKS DEPARTMENT CONDITIONS
GENERAL IMPROVEMENT REQUIREMENTS
26. 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.