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HomeMy WebLinkAboutPC_2021-03-02_AgendaPacket * COVID-19 NOTICE * Consistent with Executive Orders N-25-20 and No. N-29-20 from the Executive Department of the State of California and the San Luis Obispo County Health Official’s March 18, 2020 Shelter at Home Order, the Planning Commission Meeting will not be physically open to the public and Planning Commissioners will be teleconferencing into the meeting. HOW TO SUBMIT PUBLIC COMMENT: Members of the public are highly encouraged to call 669-900-6833 to listen and provide public comment via phone, or submit written public comments to pc-comments@atascadero.org by 5:00 pm on the day of the meeting. Such email comments must identify the Agenda Item Number in the subject line of the email. The comments will be read into the record, with a maximum allowance of 3 minutes per individual comment, subject to the Chairperson’s discretion. All comments should be a maximum of 500 words, which corresponds to approximately 3 minutes of speaking time. If a comment is received after the agenda item is heard but before the close of the meeting, the comment will still be included as a part of the record of the meeting but will not be read into the record. If you would like to view presentations provided during the meeting, you may access them by clicking on the following link: https://us02web.zoom.us/j/83250238111?pwd=SG9OdGxyNHNTNmxRWEpHTzRQK0VnQT09 Webinar ID: 832 5023 8111 AMERICAN DISABILITY ACT ACCOMMODATIONS: Any member of the public who needs accommodations should contact the City Clerk’s Office at cityclerk@atascadero.org or by calling 805-470-3400 at least 48 hours prior to the meeting or time when services are needed. The City will use their best efforts to provide reasonable accommodations to afford as much accessibility as possible while also maintaining public safety in accordance with the City procedure for resolving reasonable accommodation requests. Planning Commission agendas and minutes may be viewed on the City's website: www.atascadero.org. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the Community Development Department and are available for public inspection on our website, www.atascadero.org. Contracts, Resolutions and Ordinances will be allocated a number once they are approved by the Planning Commission. The Minutes of this meeting will reflect these numbers. All documents submitted by the public during Planning Commission meetings that are either read into the record or referred to in their statement will be noted in the Minutes and available for review by contacting the Community Development Department. All documents will be available for public inspection during City Hall business hours once City Hall is open to the public following the termination of the Shelter at Home Order. WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan this QR Code with your smartphone to view the Planning Commission Website. CITY OF ATASCADERO PLANNING COMMISSION AGENDA REGULAR MEETING Tuesday, March 2, 2021 6:00 P.M. City Hall Council Chambers 6500 Palma Avenue, 4th Floor Atascadero, California 93422 CALL TO ORDER Pledge of Allegiance Roll Call: Chairperson Jeff van den Eikhof Vice Chairperson Tori Keen Commissioner Jason Anderson Commissioner Vacant Commissioner Victoria Carranza Commissioner Jennifer McIntyre Commissioner Dennis Schmidt APPROVAL OF AGENDA PUBLIC COMMENT (This portion of the meeting is reserved for persons wishing to address the Commission on any matter not on this agenda and over which the Commission has jurisdiction. Speakers are limited to three minutes. Please state your name for the record before making your presentation. The Commission may take action to direct the staff to place a matter of business on a future agenda.) CONSENT CALENDAR (All items on the consent calendar are considered to be routine and non-controversial by City staff and will be approved by on e motion if no member of the Commission or public wishes to comment or ask questions.) 1. DRAFT MINUTES OF FEBRUARY 16, 2021  Recommendation: Commission approve the February 16, 2021, Minutes. City of Atascadero Planning Commission Agenda Regular Meeting, March 2, 2021 Page 2 of 3 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan this QR Code with your smartphone to view the Planning Commission Website. PLANNING COMMISSION BUSINESS COMMUNITY DEVELOPMENT STAFF REPORTS PUBLIC HEARINGS (For each of the following items, the public will be given an opportunity to speak. After a staff report, the Chair will open the public hearing and invite the applicant or applicant’s representative to make any comments. Members of the public will be invited to provide testimony to the Commission following the applicant. Speakers should state their name for the record and can address the Commission for three minutes. After all public comments have been received, the public hearing will be closed, and the Commission will discuss the item and take appropriate action(s). DISCLOSURE OF EX PARTE COMMUNICATIONS: Prior to a project hearing, Planning Commission Members must disclose any communications they have had on any quasi-judicial agenda items. This includes, but is not limited to, Tentative Subdivision Maps, Parcel Maps, Variances, Conditional Use Permits and Planned Development Permits. This does not disqualify the Planning Commission Member from participating and voting on the matter, but gives the public and applicant an opportunity to comment on the ex parte communication. 2. CONDITIONAL USE PERMIT (CUP) FOR 7125 SERENA COURT The proposed project consists of a CUP for the addition of a new diesel generator with a fuel tank and enclosure at an existing cell site. This project is consistent with previously certified Mitigated Negative Declaration 2002 -0034 and 2006-0002. Ex Parte Communications: Recommendation: Approve the project with conditions. (USE21-0003) COMMISSIONER COMMENTS AND REPORTS DIRECTOR’S REPORT ADJOURNMENT The next regular meeting will be held on March 16, 2021, at 6:00 p.m. Please note: Should anyone challenge in court any proposed development entitlement listed on this Agenda, that person may be limited to raising those issues addressed at the public hearing described in this notice or in written correspondence delivered to the Planning Commission at, or prior to, this public hearing. City of Atascadero Planning Commission Agenda Regular Meeting, March 2, 2021 Page 3 of 3 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan this QR Code with your smartphone to view the Planning Commission Website. City of Atascadero WELCOME TO THE ATASCADERO PLANNING COMMISSION MEETING The Planning Commission meets in regular session on the first and third Tuesday of each month at 6:00 p.m. at City Hall, Council Chambers, 6500 Palma Avenue, Atascadero. Matters are considered by the Commission in the order of the printed Agenda. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the Community Development Department and are available for public inspection during City Hall business hours at the Front Counter of City Hall, 6500 Palma Avenue, Atascadero, and on our website, www.atascadero.org. All documents submitted by the public during Commission meetings that are either read into the record or referred to in their statement will be noted in the minutes and available for review in the Community Development Department. Commission meetings are audio recorded, and may be reviewed by the public. Copies of meeting recordings are available for a fee. Contact the City Clerk for more information (470-3400). In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager’s Office or the City Clerk’s Office, both at (805) 470-3400. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, “PUBLIC COMMENT”, the Chairperson will call for anyone from the audience having business with the Commission to approach the lectern and be recognized. 1. Give your name for the record (not required) 2. State the nature of your business. 3. All comments are limited to 3 minutes. 4. All comments should be made to the Chairperson and Commission. 5. No person shall be permitted to make slanderous, profane or negative personal remarks conce rning any other individual, absent or present. This is when items not on the Agenda may be brought to the Commission’s attention. A maximum of 30 minutes will be allowed for Public Comment Portion (unless changed by the Commission). TO SPEAK ON AGENDA ITEMS (from Title 2, Chapter 1 of the Atascadero Municipal Code) Members of the audience may speak on any item on the agenda. The Chairperson will identify the subject, staff will give their report, and the Commission will ask questions of staff. The Chairperson will announce when the public comment period is open and will request anyone interested to address the Co mmission regarding the matter being considered to step up to the lectern. If you wish to speak for, against or comment in any way: 1. You must approach the lectern and be recognized by the Chairperson. 2. Give your name (not required). 3. Make your statement. 4. All comments should be made to the Chairperson and Commission. 5. No person shall be permitted to make slanderous, profane or negative personal remark s concerning any other individual, absent or present. 6. All comments limited to 3 minutes. If you wish to use a computer presentation to support your comments, you must notify the C ommunity Development Department at 470-3402 at least 24 hours prior to the meeting. Digital presentations brought to the meeting should be on a USB drive or CD. You are required to submit to the Recording Secretary a printed copy of your presentation for the record. Please check in with the Recording Secretary before the meeting begins to announce your presence and turn in the printed copy. The Chairperson will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Commission. PC Draft Minutes of 2/16/2021 Page 1 of 4 ITEM NUMBER: 1 DATE: 3-2-21 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting – Tuesday, February 16, 2021 – 6:00 P.M. City Hall (Teleconference) 6500 Palma Avenue, Atascadero, California CALL TO ORDER - 6:00 p.m. Vice Chairperson van den Eikhof called the meeting to order at 6:01 p.m. and Commissioner Keen led the Pledge of Allegiance. ROLL CALL Present: By Teleconference - Commissioners Anderson, Betz, Carranza, Keen, McIntyre, Schmidt, and Vice Chairperson van den Eikhof Absent: None Vacant: None Others Present: By Teleconference - Recording Secretary, Annette Manier Staff Present: By Teleconference - Community Development Director, Phil Dunsmore Senior Planner, Kelly Gleason Associate Planner, John Holder Assistant Planner, Mariah Gasch APPROVAL OF AGENDA MOTION: By Commissioner Anderson and seconded by Commissioner Keen to approve the Agenda. Motion passed 7:0 by a roll-call vote. PUBLIC COMMENT None. Vice Chairperson van den Eikhof closed the Public Comment period. 1 PC Draft Minutes of 2/16/2021 Page 2 of 4 ITEM NUMBER: 1 DATE: 3-2-21 CONSENT CALENDAR Commissioner Keen noted that she had not been at the February 2, 2021 meeting and would be abstaining. 1. DRAFT MINUTES OF FEBRUARY 2, 2021  Recommendation: Commission approve the February 2, 2021 Minutes. MOTION: By Commissioner Carranza and seconded by Commissioner McIntyre to approve the Consent Calendar. Motion passed 6:0:1 by a roll-call vote. (Keen abstained) PLANNING COMMISSION BUSINESS A. Election of Chairperson and Vice Chairperson The Commission will select a Chairperson and Vice Chairperson. Vice Chairperson van den Eikhof accepted nominations for Chairperson. MOTION: By Commissioner Keen and seconded by Commissioner Schmidt to nominate Vice Chairperson van den Eikhof as Chairperson. Vice Chairperson van den Eikhof accepted the nomination. Chairperson van den Eikhof accepted nominations for Vice Chairperson. MOTION: By Chairperson van den Eikhof and seconded by Commissioner Schmidt to nominate Commissioner Keen as Vice Chairperson. Commissioner Keen accepted the nomination. Motions passed 7:0 by a roll-call vote. COMMUNITY DEVELOPMENT STAFF REPORTS 2. Greenhouse Gas Inventory Report Findings Summary – CPP21-0005 Planner Holder gave the staff report and he, Planner Gleason, and Director Dunsmore answered questions from the Commission. It was noted that City of Hollister should be replaced with City of Atascadero in the GHG Inventory Report. No action was taken by the Commission. 2 PC Draft Minutes of 2/16/2021 Page 3 of 4 ITEM NUMBER: 1 DATE: 3-2-21 PUBLIC HEARINGS (For each of the following items, the public will be given an opportunity to speak. After a staff report, the Chair will open the public hearing and invite the applicant or applicant’s representative to make any comments. Members of the public will be invited to provide testimony to the Commission following the applicant. Speakers should state their name for the record and can address the Commission for three minutes. After all public comments have been received, the public hearing will be closed, and the Commission will discuss the item and take appropriate action(s).) DISCLOSURE OF EX PARTE COMMUNICATIONS: Prior to a project hearing Planning Commission Members must disclose any communications they have had on any quasi-judicial agenda items. This includes, but is not limited to, Tentative Subdivision Maps, Parcel Maps, Variances, Conditional Use Permits, and Planned Development Permits. This does not disqualify the Planning Commission Member from participating and voting on the matter, but gives the public and applicant an opportunity to comment on the ex parte communication. 3. TENTATIVE PARCEL MAP (TPM) FOR 4905 TRAFFIC WAY The proposed project consists of a TPM for the conversion of three existing units into condominiums. The applicant is requesting an exception to the landscape standards. The project is exempt from the California Environmental Quality Act (CEQA), under Categorical Exemption under CEQA Section §15301, Existing Facilities. Ex-Parte Communications: Recommendation: Approve the project with conditions. (SBDV20-0048) EX PARTE COMMUNICATIONS None Director Dunsmore stated that the applicant spoke with staff today, and will be asking the Commission for changes to the conditions. Planner Gasch presented the staff report and she and Director Dunsmore answered questions from the Commission. Planner Gasch added language to Condition 11 (Exhibit A), and the applicant is requesting changes as show in (Exhibit B). PUBLIC COMMENT The following members of the public spoke: Steven Pascal and Mike Bertaccini. Mr. Pascal stated that because this site is industrial, he has only has 32-feet to the building, so there is no need for curb (not feasib le) and he would like to change the landscape requirement from 10% to 8% which is more fitting for this property. Mr. Bertaccini discussed drainage on the site. Chairperson van den Eikhof closed the Public Comment period. MOTION: By Commissioner Schmidt and seconded by Commissioner McIntyre to adopt PC Resolution approving Tentative Parcel Map AT20- 3 PC Draft Minutes of 2/16/2021 Page 4 of 4 ITEM NUMBER: 1 DATE: 3-2-21 0055 (SBDV20-0048), a request to establish three (3) commercial airspace condominium units based on findings and subject to conditions of approval, with adoption of the applicant’s request to change Condition 11 as an alternative to a) eliminate the 2’ planter and expanded landscape planters strip along the frontage, b) include the verbiage that states no landscaping shall be planted in the City right-of-way, and c) approve reduced landscape from 10% to 8%. Motion passed 7:0 by a roll-call vote. COMMISSIONER COMMENTS AND REPORTS None DIRECTOR’S REPORT Director Dunsmore stated that Strategic Planning will take place this weekend. Director Dunsmore stated that future projects coming to the Commission will be Affordable Housing and the General Plan. ADJOURNMENT – 7:35 p.m. The next regular meeting is scheduled for March 2, 2021, at City Hall, Council Chambers, 6500 Palma Avenue, Atascadero. MINUTES PREPARED BY: ____________________________ Annette Manier, Recording Secretary Administrative Assistant The following Exhibits are available in the Community Development Department: Exhibit A – Revised Conditions of Approval Exhibit B – Applicant’s suggested changes to conditions 4 ITEM 2| 3/2/21 Conditional Use Permit USE 21-0003 / New Cingular Wireless, PCS ADDITIONAL INFORMATION MAY BE OBTAINED BY CONTACTING THE ATASCADERO COMMUNITY DEVELOPMENT DEPARTMENT AT http://www.atascadero.org 6500 PALMA AVENUE | ATASCADERO, CA 93422 | (805) 461-5000 Atascadero Planning Commission Staff Report – Community Development Department USE 21-0003 Conditional Use Permit Amending CUP 2002-0060 and CUP 2005-0158 RECOMMENDATION(S): Staff Recommends: The Planning Commission adopt the draft Resolution approving amendments to Conditional Use Permit 2002-0060 and Conditional Use Permit 2005- 0158 allowing modification to the existing telecommunications facility at 7125 Serena Court consistent with Planning Commission Resolutions 2002-0045 and 2006-0015 based on findings and subject to Conditions of Approval. Project Info In-Brief: PROJECT ADDRESS: 7125 Serena Court Atascadero, CA APN 028-221-007 PROJECT PLANNER Mariah Gasch Assistant Planner 470-3436 mgasch@atascadero.org APPLICANT David Elliot on behalf of Cingular Wireless, PCS PROPERTY OWNER Atascadero Mutual Water Company (AMWC) GENERAL PLAN DESIGNATION: ZONING DISTRICT: SITE AREA EXISTING USE PROPOSED USE Rural Residential (RR)  Rural Residential (RR) 31.1 acres Water reservoir and wireless telecommunica- tion facilities Water reservoir and wireless telecommunication facilities ENVIRONMENTAL DETERMINATION Consistent with previously Certified Mitigated Negative Declaration 2002-0034 and 2006-0002. 5 ITEM 2 | 3/2/21 Conditional Use Permit USE21-0003 / New Cingular Wireless, PCS Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Existing Surrounding Uses / Parcel Configurations: Existing Zoning Existing Aerial / Surrounding North: South: East: West: Residential Single- Family (LSF-Y) Residential Single- Family (RSF-Z) / Recreation (L) / Open Space (OS) Public (P) / Rural Residential (RR) Residential Single- Family (RSF-Y) / Residential Single- Family (LSF-Y) / Rural Residential (RR) Background: On October 1, 2002, the Planning Commission approved a co-located telecommunication facility for six panel antennas on five new poles, ranging in height between 15 and 17 feet, and the installation of a 16’ x 10’ equipment shelter with smaller utility cabinets. In February 2006, the Planning Commission approved the addition of 12 panel antennas located on eight new poles at 15 feet high and one microwave dish mounted on a 15 foot pole in addition to a second 11.5’ x 28’ equipment shelter. Summary: The project site has existing cellular towers from multiple carriers. Cingular Wireless, PCS is proposing to add a new diesel generator with a fuel tank and enclosure on a concrete pad. The new enclosure will be constructed of concrete masonry unit (CMU) block. New wireless facilities (or additions to existing facilities) require a Conditional Use Permit to be reviewed by the Planning Commission. The app licants are requesting an amendment to the originally approved use permit to simply add the new equipment to the existing site. The proposed generator project is part of an initiative dedicated to LSF-Y RR RR P L OS RSF-Y 6 ITEM 2 | 3/2/21 Conditional Use Permit USE21-0003 / New Cingular Wireless, PCS Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero providing additional emergency backup power to our Emergency First Responders in the event of a disaster or power outage. Analysis: The existing cellular towers are partly visible from Highway 41 and locations to the north and south. However, vegetation screening has been established and the towers are set back into the site resulting in minimal impact to the surrounding area. As proposed, the new utility enclosure will be located directly adjacent to one of the two existing enclosures containing AT&T equipment. One wall of the new enclosure will be shared with the existing enclosure. The walls of the new enclosure will be constructed of CMU block, matching what is existing on the site. The new CMU walls will be six feet tall, screening a majority of the equipment inside. The new generator is 8-feet tall with a new 4-foot vent pipe coming out of the top resulting in a portion of the equipment that will be visible above the new enclosure. Due to the setback and location of the structure, coupled with the existing vegetation on-site, the visual impact of the equipment will be minimal and the wall height will remain consistent with the adjacent existing enclosure. Therefore, staff is not recommending increasing the wall height to completely screen the equipment. The applicant is proposing to paint the new CMU walls to match what exists. The previous amendment included a condition of approval that the towers be painted with camouflage or earth tone coloring. The previous amendment also included a landscape and irrigation plan. The existing vegetation provides adequate screening for the new equipment and enclosure. However, prior to finalizing the building permit, the applicant will need to call for a landscape, color, and material inspection to confirm that the site’s landscaping meets the approved landscape plan and the equipment shelter is camouflaged by vegetation and/ or rock features as stated in Condition #15 of Resolution 2006-0015. ENVIRONMENTAL DETERMINATION: The proposed project is consistent with the previously adopted Certified Mitigated Negative Declarations 2002-0034 and 2006-0002. 7 ITEM 2 | 3/2/21 Conditional Use Permit USE21-0003 / New Cingular Wireless, PCS Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero FINDINGS: To approve the proposed amendment, the Planning Commission must make the following findings. These findings and the facts to support these findings are included in the attached draft resolution. Conditional Use Permit (AMC Section 9-2.110(b).(3).(iv) 1. The proposed project or use is consistent with the General Plan : 2. The proposed project or use satisfies all applicable provisions of this title: 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use: 4. That the proposed project or use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development: 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the land use element: 6. That the proposed project is in compliance with any pertinent City policy or criteria adopted by ordinance or resolution of the City Council. ALTERNATIVES: 1. The Planning Commission may include modifications to the project and/or conditions of approval for the project. Any proposed modifications including conditions of approval, should be clearly re-stated in any vote on any of the attached resolutions. 2. The Planning Commission may determine that more info rmation is needed on some aspect of the project and may refer the item back to the applicant and staff to develop the additional information. The Commission should clearly state the type of information that is required. A motion, and approval of that motion, is required to continue the item to a future date. 3. The Planning Commission may deny the project. The Commission must specify what findings cannot be made, and provide a brief oral statement, based on the Staff Report, oral testimony, site visit, corre spondence, or any other rationale introduced and deliberated by the Planning Commission. 8 ITEM 2 | 3/2/21 Conditional Use Permit USE21-0003 / New Cingular Wireless, PCS Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHMENTS: 1. Draft Resolution 2. Aerial Photo 3. Site Photos 9 ITEM 2 | 3/2/21 Conditional Use Permit USE21-0003 / New Cingular Wireless, PCS Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHMENT 1: Draft Resolution USE 21-0003 DRAFT PC RESOLUTION RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT USE21-0003, AN AMENDMENT TO CUP 2002-0060 AND CUP 2005-0158 TO ALLOW EXPANSION OF EXISTING CELLULAR FACILITIES FOR CINGULAR WIRELESS, PCS (APN 028-221-007) 7125 SERENA COURT ATASCADERO MUTUAL WATER COMPANY CINGULAR WIRELESS, PCS WHEREAS, an application has been received from David Elliot (3300 Irvine Ave. Ste. 300, Newport Beach, CA), Applicant, in care of Cingular Wireless, PCS, and Atascadero Mutual Water Company (PO Box 6075, Atascadero CA 93423), Property Owner, to consider an Amendment to Conditional Use Permits 2002-0060 and 2005-0158 to update existing cellular facilities at 7125 Serena Court; and, WHEREAS, the site’s General Plan Designation is Rural Residential (RR); and WHEREAS, the site’s Zoning is Rural Residential (RR); and WHEREAS, a Conditional Use Permit is required for any modification to cellular facilities in the City of Atascadero; and WHEREAS, the proposed project is consistent with the previously approved Mitigated Negative Declarations 2002-0034 and 2006-0002; and WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and WHEREAS, a timely and properly noticed Public Hearing upon the subject Conditional Use Permit application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Conditional Use Permit; and WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on March 2, 2021, studied and considered the Amendment to Conditional Use Permits 2002-0060 and 2005-0158. 10 ITEM 2 | 3/2/21 Conditional Use Permit USE21-0003 / New Cingular Wireless, PCS Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero NOW, THEREFORE, by the Planning Commission of the City of Atascadero: SECTION 1. Recitals. The above recitals are true and correct. SECTION 2. Public Hearing. The Planning Commission held a public hearing on March 2, 2021, and considered testimony and reports from staff, the applicant and the public. SECTION 3. Findings. The Planning Commission makes the following findings, determinations and approvals with respect to the Conditional Use Permit: 1. The proposed project or use is consistent with the General Plan, as well as the City’s Appearance Review Manual and any pertinent City policy or criteria adopted by ordinance or resolution of the City Council; and Fact: The cellular facility use at this location is consistent with the General Plan land use designation through Resolution No. 2002-0045 and 2006-0015 that allowed cellular facilities on Atascadero Mutual Water Company’s property on Serena Court. The proposed use is consistent with General Plan Land Use Element Goals LOC 13 and LOC 14 and Land Use Policy 14.1 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance); and Fact: As conditioned, the project satisfies the Conditional Use Permit provisions for the Atascadero Municipal Code. 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and Fact: The proposed use continues with the existing use of a cellular facility. The development of the project will not be detrimental to the general public or working person’s health, safety, or welfare. 4. That the proposed project or use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development; and Fact: Previous Planning Commission resolutions allowed for wireless facilities at the project site. As a part of this resolution, the City requires that antenna and equipment shelters be constructed in a manner that avoids excessive visibility. 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. 11 ITEM 2 | 3/2/21 Conditional Use Permit USE21-0003 / New Cingular Wireless, PCS Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Fact: The proposed project will not increase traffic because the cellular facilities are to be unmanned. Based on staff’s analysis in the preceding sections, it appears that all of the required findings for approval of a Conditional Use Permit can be made. SECTION 4. CEQA. The proposed project has been determined to be consistent with Certified Mitigated Negative Declarations 2002-0034 and 2006-0002 and the mitigation measures shall be enforced as a part of the building permit process. SECTION 5. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on March 2, 2021, resolved to approve USE21-0003 subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: New Site Plan EXHIBIT C: New Elevations EXHIBIT D: Landscape Plan On motion by Commissioner ____________________, and seconded by Commissioner _________________________, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAINED: ( ) ADOPTED: CITY OF ATASCADERO, CA _________________________________________ Jeff van den Eikof Planning Commission Chairperson ATTEST: ___________________________________ Phil Dunsmore Planning Commission Secretary 12 ITEM 2 | 3/2/21 Conditional Use Permit USE21-0003 / New Cingular Wireless, PCS ADDITIONAL INFORMATION MAY BE OBTAINED BY CONTACTING THE ATASCADERO COMMUNITY DEVELOPMENT DEPARTMENT AT http://www.atascadero.org 6500 PALMA AVENUE | ATASCADERO, CA 93422 | (805) 461-5000 Exhibit A: Conditions of Approval USE 21-0003 Conditions of Approval/Mitigation Monitoring Program USE21-0003, and amendment to CUP 2002-0060 and CUP 2005-0158 Wireless Telecommunications Facility Serena Court / Cingular Wireless Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure Standard Conditions/Mitigations 1. The approval of this use permit shall become final and effective for the purposes of issuing building permits, provided the required conditions of approval have been satisfied, fourteen (14) days following the Planning Commission approval unless prior to the time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. BP PS 2. Approval of this Conditional Use Permit shall be valid for twelve (12) months after its effective date. At the end of the period, the approval shall expire and become null and void unless the applicant has received a building permit or applied for an extension of entitlement. BP PS 3. The granting of this Conditional Use Permit shall apply to APN 028-221-007 & 029-105-041 regardless of owner. Ongoing PS 4. The Community Development Department shall have the authority to approve minor changes to the project that (1) increase the square footage of the project by less than 10%, (2) result in a superior site design or appearance, and/or (3) address a construction design issue that is not substantive to the Conditional Use Permit. BP PS 5. This Conditional Use Permit is for one diesel generator with a fuel tank and 12’ x 16’10” enclosure on a concrete pad. All conditions of approval from Resolutions 2002- 0045 and 2006-0015 remain in effect unless specifically modified by this resolution. Project Conditions/Mitigations 6. All antenna, landscaping, utility placement, and exterior elevations shall be consistent with Exhibit B through Exhibit D. BP/FO PS, BS 7. Cellular provider shall be limited to that area which is shown on Exhibit B. All future carriers will be required to obtain approval of a Conditional Use Permit. Ongoing PS, BS 8. The City of Atascadero shall be allowed reasonable access to the site and shall be allowed use of the site for Ongoing 13 ITEM 2 | 3/2/21 Conditional Use Permit USE21-0003 / New Cingular Wireless, PCS Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Conditions of Approval/Mitigation Monitoring Program USE21-0003, and amendment to CUP 2002-0060 and CUP 2005-0158 Wireless Telecommunications Facility Serena Court / Cingular Wireless Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure the purposes of installing, operating and maintaining telecommunications equipment. 9. New equipment shelter building shall be painted brown or a similar color to camouflage the structure and match what is existing. BP/FO PS, BS 1.c.1 10. No exterior lighting shall be installed on any structures BP PS, BS 1.c.2 11. The new enclosure shall be no larger than 12’ x 16’ 10” with a maximum wall height of 6 feet. BP/FO PS, BS 12. All existing screening landscape shall be maintained in perpetuity. Any damage to the landscape caused by construction activities shall be repaired prior to final. Irrigation shall be in working order for all newly installed landscaping. Any dead or dying landscape shall be replaced and irrigated to ensure continued screening of the site. BP/FO PS, BS 1.c.4 13. All construction activities shall comply with the City of Atascadero Noise Ordinance for hours of operation. BP/FO PS, BS 11.d.1 14. The noise level of any equipment on the site shall not exceed 50db at any property line. The applicant shall provide an acoustical analysis verifying that the site will be in compliance with this standard prior to the issuance of the building permit. BP/FO PS, BS 11.d.2 15. Consistent with previous approvals, the new equipment shelter shall be pit set and surrounded by natural vegetation and/or rock features in order to camouflage the site from view of surrounding residences and/or view from Highway 41. BP/FO BS 16. At which time the proposed facilities are no longer required, all such facilities shall be removed and the site restored to its pre-existing condition. BP/FO BS 17. Prior to final, the applicant shall call for a landscape, color, and material inspection. The inspection will determine if additional screening is required. Any ground disturbed during construction of the new shelter shall be revegetated. BP/FO PS 18. Any new utilities will be installed underground. Common utility trenches will be used where feasible. BP/FO PS 19. All existing natural site vegetation shall be maintained. Ongoing PS 14 ITEM 2 | 3/2/21 Conditional Use Permit USE21-0003 / New Cingular Wireless, PCS Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Exhibit B: New Site Plan USE 21-0003 15 ITEM 2 | 3/2/21 Conditional Use Permit USE21-0003 / New Cingular Wireless, PCS ADDITIONAL INFORMATION MAY BE OBTAINED BY CONTACTING THE ATASCADERO COMMUNITY DEVELOPMENT DEPARTMENT AT http://www.atascadero.org 6500 PALMA AVENUE | ATASCADERO, CA 93422 | (805) 461-5000 Enlarged Site Plan 16 ITEM 2 | 3/2/21 Conditional Use Permit USE21-0003 / New Cingular Wireless, PCS ADDITIONAL INFORMATION MAY BE OBTAINED BY CONTACTING THE ATASCADERO COMMUNITY DEVELOPMENT DEPARTMENT AT http://www.atascadero.org 6500 PALMA AVENUE | ATASCADERO, CA 93422 | (805) 461-5000 Exhibit C: New Elevations USE 21-0003 New South Elevation New North Elevation 17 ITEM 2 | 3/2/21 Conditional Use Permit USE21-0003 / New Cingular Wireless, PCS ADDITIONAL INFORMATION MAY BE OBTAINED BY CONTACTING THE ATASCADERO COMMUNITY DEVELOPMENT DEPARTMENT AT http://www.atascadero.org 6500 PALMA AVENUE | ATASCADERO, CA 93422 | (805) 461-5000 New East Elevation New West Elevation 18 ITEM 2 | 3/2/21 Conditional Use Permit USE21-0003 / New Cingular Wireless, PCS ADDITIONAL INFORMATION MAY BE OBTAINED BY CONTACTING THE ATASCADERO COMMUNITY DEVELOPMENT DEPARTMENT AT http://www.atascadero.org 6500 PALMA AVENUE | ATASCADERO, CA 93422 | (805) 461-5000 Exhibit D: Landscape Plan USE 21-0003 19 ITEM 2 | 3/2/21 Conditional Use Permit USE21-0003 / New Cingular Wireless, PCS Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHMENT 2: Aerial Photo USE 21-0003 New enclosure for diesel generator with a fuel tank AMWC water tower 20 ITEM 2 | 3/2/21 Conditional Use Permit USE21-0003 / New Cingular Wireless, PCS Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHMENT 3: Site Photos USE 21-0003 Existing equipment shelter to be adjacent to new shelter Overall site view 21