R 3541
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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.
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RESOLUTION NO. 3541
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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.
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RESOLUTION NO. 3541
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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
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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
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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
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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.
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ORE, DIRECTOR OF ADMINISTRATIVE SERVICESI
DEPUTY CITY CLERK