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R 3952 RESOLUTION NO. 3952 I I' I, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING CONDITIONAL USE PERMIT CASE NO. 05-013, APPLIED FOR BY CINGULAR WIRELESS, LOCATED AT 300 RESERVOIR ROAD WHEREAS, the Pianning Commission of the City of Arroyo Grande considered Conditional Use Permit Case No. 05-013 on June 20,2006 and August 15, 2006, filed by Cingular Wireless, to install telecommunication antennas on a thirty-five foot (35') tall monopine and nine (9) outdoor equipment cabinets and recommended approval of the project, including adoption of a draft Mitigated Negative Declaration; and WHEREAS, the City Council of the City of Arroyo Grande has considered Conditional Use Permit Case No. 05-013, filed by Cingular Wireless, to install telecommunication antennas on a thirty-five foot (35') tall monopine and nine (9) outdoor equipment cabinets; and WHEREAS, the City Council has held a public hearing on this application in accordance with 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: Conditional Use Permit Findings: 1. The proposed use is conditionally permitted within the subject district pursuant to -the provisions of Section 16.16.050 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. In addition, the facility will operate in full compliance with all state and federal regulations including the Telecommunications Act of 1996. 2. The proposed use will not impair the integrity and character of the district in which it is to be established or located. The installation of the facility will not result in any material changes to the character of the immediate neighborhood or local community. RESOLUTION NO. 3952 PAGE 2 3. The site is suitable for the type and intensity of use or development that is proposed. The facility is not located within a predominantly residential neighborhood, and the stealth design of the structure will camouflage the antennas. 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. The telecommunication facility will be unstaffed, have no impact on circulation systems, and will generate no noise, odor, smoke or any other adverse impacts to adjacent land uses. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby approves Conditional Use Permit Case No. 05-013, with the above findings and subject to the conditions as set forth in Exhibit "A", attached hereto and incorporated herein by this reference. On a motion by Council Member Arnold, seconded by Council Member Dickens, and by the following roll call vote to wit: ' AYES: NOES: ABSENT: Council Members Arnold, Dickens, Costello, Guthrie, and Mayor Ferrara None None the foregoing Resolution was adopted this 12lh day of September 2006. RESOLUTION NO. 305a- PAGE 3 ATTEST: ")/LL- . DIRECTOR OF ADMINISTRATIVE SERVICES! CITY CLERK APPROVED AS TO CONTENT: ~~ STEVEN DA~ITY MANAGER APPROVED AS TO FORM: RESOLUTION NO. .3q5~ PAGE 4 EXHIBIT "An CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT CASE NO. 05-013 CINGULAR WIRELESS 300 RESERVOIR ROAD COMMUNITY DEVFI OPMENT DEPARTMFNT GFNFRAI CONnlTlONS This approval authorizes the installation of telecommunication antennas on a thirty-five foot (35') tall monopine and nine (9) outdoor equipment cabinets. 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. 05-013. 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 City Council at the meeting of September 12, 2006 and marked Exhibits "B-1 through B-4". 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 a.m. and 5 p.m. Monday through Saturday. No construction shall occur on Sunday. 7. Development shall conform to the Public Facility (PF) zoning requirements except as otherwise approved. RESOLUTION NO. 3<l5.9- PAGE 5 SPFCIAI CONDITIONS 8. The facility shall not bear any signs or advertising devices other than certification, warning, or other FCC required seals or signage. 9. All accessory equipment associated with the operation of the wireless facility shall be screened from public view. 10. The applicant shall design all facilities as to allow future co-location at the site. The operator shall cooperate with any subsequent applicants for wireless communications facilities in the vicinity with regard to possible co-location on the mono pine. 11. The applicant shall obtain a lease agreement with the City prior to issuance of a grading or building permit, and shall comply with all terms of the lease agreement. RUII nlNG & FIRE DFPARTMENT 12. The project shall comply with the most recent editions of all California Building and Fire Codes, as adopted by the City of Arroyo Grande. 13. All fire lanes must be posted and enforced, per Police Department and Fire Department guidelines. 14. Prior to Occupancy, the applicant must provide an approved "security key vault", per Building and Fire Department guidelines. 15. Any review costs generated by outside consultants, shall be paid by the applicant. 16. Building Permit fees, to be based on codes and rates in effect at the time of building permit issuance. 17. Strong Motion Instrumentation Program (SMIP) fee, to be based on codes and fates in effect at the time of building permit issuance in accordance with State mandate. PIIRI Ie WORKS nFPARTMENT GFNFRAI IMPROVFMFNT RFOlJlRFMFNTS 18. Site Maintemmce - 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. RESOLUTION NO. 3'15.;;1, PAGE 6 The following Public Works Department conditions of approval are to be complied with prior to issuance of a building permit. 19. lAm Conflir.t with City's Commllnbltion - 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 altematives 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. 20. The applicant shall install a multi-lock system on both access gates to the reservoir. 21. The applicant shall replace any new landscaping installed as part of the Reservoir No. 1 Replacement Project that is displaced as a result of this construction. 22. The applicant shall slope the cabinet pads to drain to the asphalt road surrounding the reservoir. 23. The applicant shall design all facilities as to allow future co-location at the site. RESOLUTION NO. 3'l5a.- PAGE 7 MITIGATION MFASLJRFS A negative declaration with mitigation measures has been adopted for this project. The following mitigation measures shall be implemented as conditions of approval and shall be monitored by the appropriate City department or responsible agency. The applicant shall be responsible for verification in writing by the monitoring department or agency that the mitigation measures have been implemented. Mitigation Measures: MITIGATION MFASlJRFS' Con!';tnlction Pha!';p. Fmi!';!';ion!'; The project shall comply with all applicable Air Pollution Control District (APCD) regulations pertaining to the control of fugitive dust (PM1O) as contained in section 6.5 of the Air Quality Handbook. All site grading shall list the following regulations: MM 5.1: All dust control measures listed below (MM 5.2 - 5.6) shall be followed during construction of the project and shall be shown on grading and building plans. The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust oft site. The name and telephone number of such person(s) shall be provided to the APCD prior to land use clearance and finished grading of the area. MM 5.2: During construction, water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent airborne dust from leaving the site. At a minimum, this would include wetting down such areas in the later morning and after work is completed for the day and whenever wind exceeds 15 miles per hour. Reclaimed (non-potable) water shall be used whenever possible. MM 5.3: Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. -IYIM 5.4: All vehicles hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114. I I I 'I I I MM 5.5: Install wheel washers where vehicles enter and exit unpaved roads on to streets, or wash off trucks and equipment leaving the site. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. MM 5.6: Sweep streets at the end of each day if visible soil material is carried on to adjacent paved roads. Water sweepers with reclaimed water shall be used where feasible. RESOLUTION NO. 3"15a.. PAGE 8 MM 5.7: To mitigate the diesel PM generated during the construction phase, all construction equipment shall be properly maintained and tuned according to manufacturer's specifications. The measures below (MM 5.8 - 5.10) shall be clearly identified in the project bid specifications so the contractors bidding on the project can include the purchase and installation costs in their bids. MM 5.8: All off-road and portable diesel powered equipment, including but not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary power units, shall be fueled exclusively with California Air Resources Board (ARB) motor vehicle diesel fuel. MM 5.9: To the maximum extent feasible, the use of diesel construction equipment shall meet the ARB's 1996 certification standard for off-road heavy-duty diesel engines. MM 5.10: Unless otherwise approved by APCD, the developer shall install catalytic diesel particulate filters or Diesel oxidation catalyst on two (2) pieces of construction equipment involved in primary earth moving and construction activities and projected to generate the greatest emissions. APCD staff shall be included in the selection of candidate equipment along with a representative of the contractor. Responsible Party: Monitoring Agency: Developer City of Arroyo Grande - CDD, Public Works Dept., and Building & Fire Dept. Prior to issuance of Building Permit and during construction Timeframe: MM 10.1: Construction activities shall be restricted to the hours of 7:00 AM to 5:00 PM Monday through Saturday. There shall be no construction activities on Sundays. Equipment maintenance and servicing shall be confined to the same hours. i MM 10.2: All construction equipment utilizing internal combustion engines shall -be required to have mufflers that are in good condition. Stationary noise sources shall be located at least 300 feet from occupied dwelling units unless noise reducing engine housing enclosures or noise screens are provided by the contractor. II ! , 'I MM 10.3: Equipment mobilization areas, water tanks, and equipment storage areas shall be placed in a central location as far from existing residences as feasible. Responsible Party: Monitoring Agency: Developer City of Arroyo Grande - CDD, Public Works Dept. During construction Timeframe: RESOLUTION NO. 3 qja.. PAGE 9 MM 13.1: The needle coloration of the monopine shall match the surrounding pine trees of the project site. The applicant shall submit pine needle samples of the monopine for verification of accurate color. Responsible Party: Monitoring Agency: Timeframe: Developer City of Arroyo Grande - COD Prior to issuance of Building Permit MM 13.2: The project plans shall show simulated bark placed on the monopole from the ground to the top of the tree. Responsible Party: Monitoring Agency: Timeframe: Developer City of Arroyo Grande - COD Prior to issuance of Building Permit MM 13.3: The project plans shall show a heavy branch count and the antennas screened with branches. Socks made of cloth material and interwoven with pine needles shall be placed over the antennas. Responsible Party: Monitoring Agency: Timeframe: Developer City of Arroyo Grande - COD Prior to issuance of Building Permit MM 13.4: The project plans shall show the equipment cabinets in a gray color to match the water tank and screened by a 6' tall chain link fence with green vinyl slats. Responsible Party: Monitoring Agency: Timeframe: Developer City of Arroyo Grande - COD Prior to issuance of Building Permit MM 13.5: The applicant shall submit a landscape and irrigation plan for fast growing shrubs and trees to screen the monopine and water tank. The additional -landscaping shall be limited to filling in the existing vegetation "gap" immediately surrounding the monopine. Tree species selected should not exceed 30' in height to avoid interference with antenna transmissions. The landscape plan shall be reviewed and approved by the Architectural Review Committee, Community Development Dept., Parks, Recreation and Facilities Dept. and Public Works Dept. Responsible Party: Monitoring Agency: Timeframe: Developer City of Arroyo Grande - COD; Parks, Recreation & Facilities Dept.; Public Works Dept. Prior to issuance of Building Permit r .J EXHIBIT B-1 ~ ji l! il 'I i 1 ,: i'!' I, I i I I III ~ ~ ~~ Ii~ ~ S ! ; i 11 I 8 ~ ~ ! i !l! riI ~ , ^ "I! ~ ~ i ! : i, !i1 ~ ~ ~ f ! I ~ . , . !Ii! " I 0 -\ t IIIIIIIIIII,I! lI/il~IHlrl Ii ! , i II m~ ~ HII' I' . 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Ii' I o ~ I!~ ~ I III il ::J . co q;d I , l !~ I; -' ! 0 I ! , ~ ~ 'Ill , ., r L J OFFICIAL CERTIFICATION I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that the attached Resolution No. 3952 is a true,. full, and correct copy of said Resolution passed and adopted at a regular rneeting of the City Council of the City of Arroyo Grande on the 12th day of Septernber 2006. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 14th day of Septernber 2006.