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Home My WebLink AboutPC Resolution 21-0002j ✓� PC RESOLUTION 2021-0002 ATASCADERO PLANNING 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 LINGULAR 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. 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. 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. 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. CE A. 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 Anderson, and seconded by Commissioner Carranza, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: Anderson, Carranza, McIntyre, Schmidt, Keen, van den Eikhof (6 ) NOES: None (0 ) ABSENT: None (0 ) ABSTAINED: None (0 ) ADOPTED: March 2, 2021 CITY OF ATASCADERO, CA Jeff va ikof Planning Commission Chairperson ATTEST: Phil Dunsmore Planning Commission Secretary Exhibit A: Conditions of Approval USE 21-0003 Conditions of Approval/Mitigation Monitoring Program Timing Responsibility Mitigation USE21-0003, and amendment to CUP 2002-0060 and CUP /Monitoring Measure 2005-0158 PS: Planning Services BL: Business License BS: Building Services GP: Grading Permit FD: Fire Department Wireless Telecommunications Facility BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary Occupancy WW: Wastewater Serena Court / Lingular Wireless FO: Final Occupancy CA: City Attorney Standard Conditions/Mitigations 1. The approval of this use permit shall become final and BP PS 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. 2. Approval of this Conditional Use Permit shall be valid for BP PS 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. 3. The granting of this Conditional Use Permit shall apply to Ongoing PS APN 028-221-007 & 029-105-041 regardless of owner. 4. The Community Development Department shall have BP PS 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. 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 BP/FO PS, BS elevations shall be consistent with Exhibit B through Exhibit D. 7. Cellular provider shall be limited to that area which is Ongoing PS, BS shown on Exhibit B. All future carriers will be required to obtain approval of a Conditional Use Permit. 8. The City of Atascadero shall be allowed reasonable Ongoing access to the site and shall be allowed use of the site for Conditions of Approval/Mitigation Monitoring Program Timing Responsibility Mitigation USE21-0003, and amendment to CUP 2002-0060 and CUP /Monitoring Measure 2005-0158 PS: Planning Services BL: Business License BS: Building Services GP: Grading Permit FD: Fire Department Wireless Telecommunications Facility BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary Occupancy WW: Wastewater Serena Court / Lingular Wireless F0: Final Occupancy CA City Attomey the purposes of installing, operating and maintaining telecommunications equipment. 9. New equipment shelter building shall be painted brown BP/FO PS, BS 1.c.1 or a similar color to camouflage the structure and match what is existing. 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" BP/FO PS, BS with a maximum wall height of 6 feet. 12. All existing screening landscape shall be maintained in BP/FO PS, BS 1.c.4 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. 13. All construction activities shall comply with the City of BP/FO PS, BS 11.d.1 Atascadero Noise Ordinance for hours of operation. 14. The noise level of any equipment on the site shall not BP/FO PS, BS 11.d.2 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. 15. Consistent with previous approvals, the new BP/FO BS 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. 16. At which time the proposed facilities are no longer BP/FO BS required, all such facilities shall be removed and the site restored to its pre-existing condition. 17. Prior to final, the applicant shall call for a landscape, BP/FO PS 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. 18. Any new utilities will be installed underground. Common BP/FO PS utility trenches will be used where feasible. 19. All existing natural site vegetation shall be maintained. Ongoing PS Exhibit B: New Site Plan USE 21-0003 LA MIN: 028-221-007 \-LANDSCAPING EXISTING DIRT ROAO SCI! Silt' PLAN E EX Sl ING SVM ER TOWER e L X21 -G,17 e; eo ,5 La L Me e, e ec 4t, 5.", ee oee e Q APN: 028-221-008 Enlarged Site Plan LXI"'l NG AT&T EDOPMENT MP) EXISTING AT&T EQUIPMENT A14A LXISTING ACCESS GATE NEW CENERAC 3OKW DIESEL OENERA70R WITH 190 GA440N SUBBASE FULL TANK ANP LEVEL 2 ACOUSTIC ENCLOSURE (SEE SHEET D-3. :)EIAJL 1) 3' SPARK RADIUS NEW AT&T UNDERGROUND EUECTRr4& SERVICE & CONTROLS TO EXISTING EQUIPMENT SHELTER. GC TO FIELD LOCATE EXISTING UTILITIES PRIOR TO DIG, (SEE SHEET E-3. DETAIL 1) NEW CMU COMPOUND NEW ATS CABINET WITH CAMLOCK AND FIRE EXTINGUISHER MMNTED ON NEW H -FRAME (SEE SHEET D-1. DETAILS 2. 0. 3& 4 AND SHEET 0-2, DETAIL 2) REMOVE EXISTM NEW ACCESS GATE CAIMLOCK NEW 4'-O"v10'-0' CONCRETE PAD (SEE SHEET 0-2, DETAILS 3 & 4) Exhibit C: New Elevations USE 21-0003 EXISTING AT&' Of LX:51t4G AT& - EQUIPMENT AREA New South Elevation EXISTING TRIFF 7. 4 VENT PIPE (12'-0" AOL) GERFRAC 3OKW DIESEL GENFRATOR WITH 190 GALLON 913ASE FUEL TANK AND LEVEL 2 ACOUSTIC ENCLOSURE AOL)(SEE Si4EET 0-3, DEML 1) EW CMU WALL, (6'-0- AfQ New North Elevation EXISTING TREE NFW V VFN7, PIPE (12'-0" NFW n-IFRPf 11.KV r)lz'.;Ft WITH 190 CALLON -,I ��SlFz -HFF7 D- 1. DETAIL 1) EXVING AT&T GPS ANTENNA V, 88KE 7JEL TANK AND LEVEL 2 A!:',IS7,C ENCLOSURE O� AEMST"G AT&T EOUIPWINT AREA NEW 4' VE -41 PIPE (12'-0- AGL) NEW GENERA:. 1DKW DIESEL GENERATOR WITH 19C GALLON SUBBASE FUEL TANK AND LEVEL 2 ACOUSM ENCLOSUR€ AGL)(SEE SHE -F D-3. OE -AIL 1) NEW CMJ WAL_ (6'-0" AGL) EXISTING TREE EXISTING AT&T GVS ANTE EXI5TING AT&T EOUIPMENT AREAA-� New East Elevation New West Elevation I,ILh 4' VENT FIFE ('c' -L}" ALL)' NEW i;EytkAC 30KW DIESEL CEN€:W'() WIIH I_Ni;;A.;Ii7M '-WHHASf fJ 1. IANK AND LF -F,_ i AC<iI.rST,C ENCI,Q' IJRF W G" AG. j(Si-Y SHEt:T D .5. UFIAt- . 1) NLh CPU *A -L ',C' -U' AGL; 4 lazu .xhibit D: Landscape Plan JSE 21-0003 K �I i! I `•, i'� r 1..^y� ^^�viiii�� iA4^^:g Ci A%Y.IVMI'C' � MP f4PR 'i •,�y'•e �W wR ,gy_WFm T . . ATTACHMENT 3: Site Photos USE 21-0003