Loading...
HomeMy WebLinkAboutPC Resolution 2023-0010PC RESOLUTION 2023-0010 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AMENDMENT (AMND 22- 0037) ALLOWING OUTDOOR AMPLIFIED SOUND IN THE PUBLIC ZONING DISTRICT APN 030-192-018 (Atascadero Bible Church) 6225 Atascadero Avenue WHEREAS, an application has been received from Atascadero Bible Church (6225 Atascadero Avenue, Atascadero, CA 93422) (AMND 22-0037) for an Amendment to the Master Plan of Development (CUP 12-89 and CUP 2004-0142) approved in 1999 and amended in 2005 to allow Amplified Sound in the Public zoning district; and WHEREAS, the site's General Plan Designation is Public (P); and WHEREAS, the site's Zoning is Public (P); 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 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 NOW THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of Atascadero, California, makes the following findings, determinations and recommendations with respect to the proposed Conditional Use Permit: SECTION 1. Recitals: The above recitals are true and correct. SECTION 2. Public Hearin. The Planning Commission of the City of Atascadero, at a Public Hearing held on July 18, 2023, studied and considered the proposed amendment. SECTION 3. CEQA. The proposed project qualifies for a Categorical Exemption under Class 1, Section 15301, existing facilities projects, of the California Environmental Quality Act. SECTION 4. Facts and Findings. The Planning Commission finds as follows: Findings for approval of a Conditional Use Permit.• 1. The proposed use is consistent with the General Plan; and Fact: The proposed amplified outdoor music at this location is consistent with the Public zoning designation of the General Plan. 2. The proposed project satisfies all applicable provisions of the Title (Zoning Ordinance); and Fact: As conditioned, the project satisfies the provisions of the Atascadero Municipal Code. The existing location is adequate to serve the proposed use. 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 used is not 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, with conditions incorporated. 4. That the proposed project will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and Fact: The proposed amplified outdoor music would be adjacent to the worship center at the existing Atascadero Bible Church. The outdoor music addition will follow the conditioned hours to minimize impacts to the surrounding area. Outdoor amplified sound will be used to augment existing church activities and the request does not involve the expansion of use. The site will remain consistent with the character of the neighborhood as there are no proposed changes to the building. 5. That the proposed 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 project is located on Atascadero Avenue adjacent to HWY 101. Outdoor amplified sound will be used to augment existing church activities and the request does not involve the expansion of use. The amplified sound at the church will remain consistent with surrounding uses and will not bring an increase in traffic to the area. SECTION 5. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on July 18, 2023, resolved to approve an amendment to allow outdoor amplified sound at an existing church facility (AMND22-0037) subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Acoustical Analysis On motion by Commissioner Carranza, and seconded by Commissioner Hughes, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: Anderson, Carranza, Heath, Hughes, Keen, van den Eikhof (6) NOES: Schmidt (1) ABSENT: None (0) ABSTAINED:None ADOPTED: July 18, 2023 CITY OF ATASCADERO, CA Jeff E1 o Planning Commission Ch rperson ATTEST: Phil Dunsmore Planning Commission Secretary (0) Exhibit A: Conditions of Approval AMND 22-0037 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility /Monitoring PS: Planning Services 6225 Atascadero Avenue BL: Business License GP: Grading Permit BS: Building Services FD: Fre Department BP: Building Permit PD: Police Department AMND 22-0037 FI: Finallnspection TO: TemporaryOccupancy CE: City Engineer WW: Wastewater F0: Final Occupancy CA: City Attorney Planning Services Conditions 1. Conditional use permits 12-89 and CUP 20040142 shall be amended Ongoing PS to allow for the addition of outdoor amplified sound, subject to the conditions listed herein. All previous conditions approved as part of CUP12-89 and CUP2004-0142 shall remain in effect unless specifically amended by this resolution. The project site is at 6225 Atascadero Ave. (APN030-192-018) and this approval shall be in effect regardless of owner. 2. The approval of this use permit shall become final and effective for the Ongoing PS purposes of issuing building permits fourteen (14) days following the Planning Commission approval, unless an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 3. The Community Development Department shall have the authority to BL PS approve the following minor changes to the project that (1) modify the site plan project by less than 10%, and/or (2) result in a superior site design or appearance. 4. Approval of this Conditional Use Permit shall be valid for twenty-four BL PS (24) months after its effective date. At the end of the period, the approval shall expire and become null and void unless the applicants have enacted the use. If the allowances of this approval (amplified sound) and not continued for a period of 2 consecutive years, this approval shall become null and void and a new application will be required to be filed to continue any such use. 5. The applicant shall defend, indemnify, and hold harmless the City of Ongoing CA Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the City, or any of its entities, concerning this conditional use permit. 6. Parking shall stay consistent with Municipal Code standards. Ongoing PS 7. Source of amplified outdoor sound shall not be located outside of the Ongoing PS area identified in Exhibit B. 8. Only music, human speech or a combination of the same shall be Ongoing PS permitted. 9. The operation of sound amplifying equipment shall be limited to no Ongoing PS greater than the hours of 8am to 7pm on weekdays and 10am-4pm on Saturdays and Sundays. 10. Outdoor amplified sound shall be limited to a maximum total of 2 hours Ongoing PS per day. Conditions of Approval / Mitigation Monitoring Program Timing Responsibility /Monitoring PS: Planning Services 6225 Atascadero Avenue BL: Business License GP: Grading Permit BS: Building Services FD: Fee Departn ent BP: Building Permit PD: Police Department AMND 22-0037 FI: Final Inspection TO: TemporaryOccupancy CE: City Engineer WW: wastewater F0: Final Occupancy CA CityAttomey 11. Exterior Noise levels shall not exceed 70dB at the subject property's Ongoing PS property lines. 12. In all events, the volume of sound and the hours of operation shall be Ongoing PS controlled that the sound will not be unreasonably loud or -a nuisance as defined by the Atascadero Municipal Code. 13. The Use Permit shall be subject to additional review upon receipt of Ongoing PS noise or operational complaints. Additional mitigation may be warranted upon verification of recurring noise or operational disturbances that impact residential properties. ., a' � �..d Vii. � #_ yj f , i b o�,�A f' J�q. �� o \'�_ a1�n- - - !� khibit C: Acoustical Analysis ►MND 22-0037 1,111 1115,11 Hill h,7 Weighting Scale; dbA, Slow. Neasurement taken during worship.