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HomeMy WebLinkAboutR-9078 Denying an Apeal of the Architectural Review Commission Action Thereby Approving Wireless Telecommunications Atenna at 0 Higuera StreetRESOLUTION NO. 9078 (2000 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL OF THE ARCHITECTURAL REVIEW COMMISSION'S ACTION, THEREBY APPROVING THE WIRELESS TELECOMMUNICATION'S CARRIER ANTENNA AND EQUIPMENT INSTALLATION AT 0 HIGUERA STREET (ARC 36 -00) WHEREAS, the City Council conducted a public hearing on July 18, 2000, and has considered testimony of interested parties including the appellants, the records of the Architectural Review Commission hearing and action, and the evaluation and recommendation of staff; and WHEREAS, the City Council has determined that mitigation measures established for the use permit and architectural review for the Nextel Communications project (ER 55 -97) adequately addressed the potential environmental impacts resulting from construction and operation of a wireless telecommunications carrier at this location. NOW THEREFORE BE IT RESOLVED, by. the City Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this Council, after consideration of project plans for ARC 36 -00 and the Architectural Review Commission's actions, public testimony, the appellant's statements, staff recommendations and reports thereof, makes the following findings: 1. As conditioned, the proposed new antenna and modifications to the existing antenna and monopole will be consistent with the General Plan policies governing hillside development by: (a) including planting which is compatible with native hillside vegetation and which provides a visual transition from developed to open areas; and (b) utilizing materials, colors and textures which blend with the natural landscape and avoid high contrasts. 2. The proposed new antenna and modifications to the existing antenna and monopole comply with property development standards in the C /OS-40 zone with the approval of an administrative use permit. 3. The proposed new antenna and modifications to the existing antenna and monopole will not adversely affect the health, safety and welfare of the persons living or working in the vicinity because they have been designed in such a way as to minimize visual impacts to adjacent properties and the City as a whole. 4. As conditioned, the proposed new antenna and modifications to the existing antenna and monopole will be consistent with ARC guidelines which call for minimizing the visual impacts of hillside development. Resolution No. 9078 (2000 Series) Page 2 5. The proposed monopole height extension of the Nextel monopole is consistent with the Architectural Review Commission's December 1, 1997 approval of a maximum combined height of the monopole and antennas to accommodate three carvers (approximately 60 feet). 6. The proposed modifications to Nextel's antenna equipment results in fewer and smaller pieces of equipment (no whip antennas and a six foot wide overall diameter) than the Architectural Review Commission's December 1, 1997 approval of Nextel's request for 15 directional antennas (1 foot x 4 feet in size) and 3 whip antennas (13 feet in height) within a 16 foot wide diameter. SECTION 2. Approval. The appeal is hereby denied, and the request for an array of three antennas and modifications to an existing antenna is approved subject to the following conditions: 1. The applicant shall obtain use permit approval. 2. Maximum combined height of the monopole and antennas shall not exceed 60 feet. 3. The monopole shall be a constructed of a galvanized metal and have a tapered design to allow the co- location of a total of three carriers. 4. Prior to finaling the building permit for this monopole extension, the Building Inspector shall confirm that the monopole has been erected in a true vertical position and it is not leaning. 5. The monopole and antennas shall be painted a neutral color at the time of construction or allowed to remain unpainted for a period of six months during which time the galvanized finish will naturally weather to a dull gray finish. After the six -month period has ended, the Director of Community Development will determine whether or not the applicant needs to paint the features to further lessen their visual impact. 6. The cabinet equipment associated with the monopole and antennas shall be located within the existing equipment shelter as shown on submitted plans. To ensure inside of the shelter visually blends into the hillside, the applicant shall paint the remainder of the inside of the shelter to match the existing portions of the interior that have already been painted. The applicant shall submit written evidence of the right to access the site by way of neighboring private properties. If permanent access is granted, the applicant shall enter into an agreement with the City to share the cost of ongoing maintenance of the road prior to approval of a building permit. If construction only access is granted, then arrangements shall be made with the Fire Department to guarantee any required restoration and/or repairs needed to the roadway as a result of any damage caused by the applicant's contractor(s) during construction, as determined by the City. 8. All areas disturbed by the construction and areas around the equipment shelter where reseeding has not been successful to date shall be reseeded by the mixture of Eschscholzia rJ J Resolution No. 9078 (2000 Series) Page 3 californica (California poppy), Lupinus suculentus (lupine), Nassella lepida (needlegrass) and Nassella pulchra (purple needlegrass). The hydroseed mix shall be in wood fiber mulch with no fertilizers or nutrients added. 9. Native Sons Nursery shall be contacted to see if there is an available source of plants, bulbs, or seeds for the San Luis Mariposa Lily. Unless unavailable, these shall be included in the revegetation of the site. 10. The applicant shall explore with Nextel the possibility of having two arrays of antennas, one above the other, that results in the antennas being mounted more closely to the monopole than shown on submitted plans for ARC consideration. The total height of the monopole with the possibly modified array of antennas shall not exceed 60 feet. On motion of Council Member Romero seconded by Council Member Marx, and on the following roll call vote: AYES: Council Members Marx, Romero, Vice Mayor Schwartz, and Mayor Settle NOES: None ABSENT: Council Member Ewan The foregoing resolution was passed and adopted this 18th day of July, 2000. ATTEST: -ha nnnn � X.0 Lee Price, C.M.C. 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