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R 3541 >~"- RESOLUTION NO. 3541 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING A MITIGATED NEGATIVE DECLARATION, INSTRUCTING THE DIRECTOR OF ADMINISTRATIVE SERVICES TO FILE A NOTICE OF DETERMINATION, AND APPROVING CONDITIONAL USE PERMIT CASE NO. 00-021, LOCATED 937 RANCHO PARKWAY, APPLIED FOR BY ALPINE PCS WHEREAS, the City Council of the City of Arroyo Grande has considered Conditional Use Permit Case No. 00-021, filed by Alpine PCS, for construction of a wireless antenna facility on the existing Trader Joe's Building; and WHEREAS, the City Council has held a public hearing on this application in accordance with the City Code; and WHEREAS, the City Council has found that this project is consistent with the General Plan and the environmental documents associated therewith; and WHEREAS, the City Council 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 has determined that a Mitigated Negative Declaration can be adopted; and WHEREAS, the City Council 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 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 because all the necessary easements, circulation, parking and setbacks would be provided. 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 because the proposed project would not create adverse environmental impacts. ...,-- RESOLUTION NO. 3541 PAGE 2 Architectural Review Findings: 1. The proposal is consistent with the General Architectural Review Guidelines for the City of Arroyo Grande. 2. The proposal is consistent with the text and maps of the Arroyo Grande General Plan, and the City of Arroyo Grande Development Code. 3. The proposal will not be detrimental to the health, safety, comfort and general welfare of the persons residing or working in the neighborhood of the proposed project. 4. The general appearance of the proposed building is consistent with the character of the neighborhood because the structure will follow the existing site contours and the building materials colors will be muted and derived from the surrounding environment. 5. The proposal is not detrimental to the orderly and harmonious development of the City. 6. The proposal will not impair the desirability of investment or occupation in the neighborhood. Department of Fish and Game Required Findings of Exemption and Mitigated Negative Declaration Findings: 1. The City of Arroyo Grande has prepared an initial study pursuant to Section 15063 of the Guidelines of the California Environmental Quality Act (CECA), for Conditional Use Permit Case No. 00-015. 2. Based on the initial study, a Mitigated Negative Declaration (MND) was prepared for public review. A copy of the MND related materials is located at Arroyo Grande City Hall in the Community Development Department. 3. After holding a public hearing pursuant to State and City Codes, and considering the record as a whole, the Planning Commission recommended that the City Council adopt 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 711.2 of the Fish and Game Code or on the habitat upon which the wildlife depends as a result of development of this project. Further, the Council finds that said MND reflects the City's independent judgement and analysis. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby adopts a Mitigated Negative Declaration, instructs the 'Director of Administrative Services 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. RESOLUTION NO. 3541 PAGE 3 On motion by Council Member Lubin, seconded by Council Member Runels, and by the following roll call vote, to wit: AYES: Council Members Lubin, Runels, Dickens, and Mayor Lady NOES: None ABSENT: Council Member Ferrara the foregoing Resolution was adopted this 26th day of June 2001. '.UO__ RESOLUTION NO. 3541 PAGE 4 MICHA=~'~ iM J) /1ctt{J[IV- ORE, ADMINISTRATIVE SERVICES DIRECTOR/ DEPUTY CITY CLERK APPROVED AS TO CONTENT: ~~~ STEV N ADAMS, CITY MANAGER APPROVED AS TO FORM: RESOLUTION NO. 3541 PAGE 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. 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 RESOLUTION NO. 3541 PAGE 6 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 antennas and equipment cabinets shall be painted to match with the existing Trader Joe's building. 10. The facilities shall not bear any signs or advertising devices other than certification, warning, or other required seals or signage. 11. 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.Theapplicant 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. Work Coordination - The applicant shall notify the City 48 hours prior to commencing work. 16. Fees - The applicant sheill pay all applicable City fees at the time they are due. PROCEDURE FOR PROTESTING FEES, DEDICATIONS, RESERVATIONS OR EXACTIONS: (A) Any party may protest the imposition of any fees, dedications, reservations, or other exactions imposed on a development project, for the purpose of ,.---- RESOLUTION NO. 3541 PAGE 7 defraying all or a portion of the cost of public facilities related to the development project by meeting both of the following requirements: (1 ) Tendering any required payment in full or providing satisfactory evidence of arrangements to pay the fee when due or ensure performance of the conditions necessary to meet the requirements of the imposition. (2) Serving written notice on the City Council, which notice shall contain all of the following information: (a) A statement that the required payment is tendered or will be tendered when due, or that any conditions which have been imposed are provided for or satisfied, under protest. (b) A statement informing the City Council of the factual elements of the dispute and the legal theory forming the basis for the protest. (B) A protest filed pursuant to subdivision (A) shall be filed at the time of the approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservations, or other exactions to be imposed on a development project. (C) Any party who files a protest pursuant to subdivision (A) may file an action to attack, review, set aside, void, or annul the imposition of the fees, dedications reservations, or other exactions imposed on a development project by a local agency within 180 days after the delivery of the notice. (D) Approval or conditional approval of a development occurs, for the purposes of this section, when the tentative map, tentative parcel map, or parcel map is approved or conditionally approved or when the parcel map is recorded if a tentative map or tentative parcel map is not required. (E) The imposition of fees, dedications, reservations, or other exactions occurs, for the purposes of this section, when they are imposed or levied on a specific development. 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 systems at RESOLUTION NO. 3541 PAGE 8 any time, the proposed system shall remain inactive until such time that the proposed system can be made to cause zero interference. Monitoring: The applicant shall conduct a radio frequency study and submit the results to the Public Works Department. Responsible Department: Public Works Department Timeframe: Prior to issuance of building permit RESOLUTION NO. 3541 OFFICIAL CERTIFICATION I, KELLY WETMORE, Director of Administrative Services/Deputy City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that Resolution No. 3541 is a true, full, and correct copy of said Resolution passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 26th day of June, 2001. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 29th day of June, 2001. ~ ORE, DIRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CITY CLERK