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HomeMy WebLinkAboutPC_2024-08-06_AgendaPacket CITY OF ATASCADERO PLANNING COMMISSION AGENDA HYBRID MEETING INFORMATION: The Planning Commission meeting will be available via teleconference for those who wish to participate remotely. The meeting will also be held in the City Council Chambers and in -person attendance will be available at that location. HOW TO OBSERVE THE MEETING REMOTELY: To participate remotely, residents can livestream the meeting on Zoom, The video recording of the meeting will repeat daily on Channel 20 at 1:00 am, 9:00 am, and 6:00 pm and will be available through the City’s website and on the City’s YouTube Channel. To participate remotely using the Zoom platform please visit: https://us02web.zoom.us/j/83250238111 Planning Commission – Meeting ID: 832 5023 8111 (No Passcode Required) HOW TO SUBMIT PUBLIC COMMENT: Public comment may be provided in-person or remotely. Call (669) 900-6833 (Meeting ID: 832 5023 8111) to listen and provide public comment via phone or via the Zoom platform using the link above. Written public comments are accepted at pc-comments@atascadero.org . Comments should identify the Agenda Item Number in the subject line of the email. Such comments will be forwarded to the Planning Commission and made a part of the administrative record. To ensure distribution to the Planning Commission before consideration of an item, please submit comments not later than 12:00 p.m. the day of the meeting. All correspondence will be distributed to the Planning Commission, posted on the City’s website, and be made part of the official public record of the meeting. Please note, comments will not be read into the record. Please be aware that communications sent to the Planning Commission are public records and are subject to disclosure pursuant to the California Public Records Act and Brown Act unless exempt from disclosure under applicable law. Communications will not be edited for redactions and will be printed/posted as submitted. 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/agendas. 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 are available for public inspection during City Hall business hours by appointment. 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, August 6, 2024 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 Tori Keen Vice Chairperson Jeff van den Eikhof Commissioner Jason Anderson Commissioner Victoria Carranza Commissioner Greg Heath Commissioner Randy Hughes 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 one motion if no member of the Commission or public wishes to comment or ask questions.) 1. APPROVAL OF THE DRAFT MINUTES OF JUNE 18, 2024 • Recommendation: Commission approve the June 18, 2024 Minutes. 2. TIME EXTENSION FOR EMPIRE APARTMENTS AT 5880 ARDILLA RD. • Recommendation: Commission adopt Draft Resolution to approve the Time Extension. City of Atascadero Planning Commission Agenda Regular Meeting August 6, 2024 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 None 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 d isqualify 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. 9575 VISTA BONITA AVE The project includes a request for an Amendment to Conditional Use Permit 98001 to allow the construction of an additional 20-foot monopine and appurtenant infrastructure at an existing telecommunications site on APN 030-441-023. • CEQA: The project is consistent with the previously certified Mitigated Negative Declaration 2004-0026 the project (AMND24-0047). i. Recommendation: Planning Commission adopt Draft Resolution approving an Amendment to Conditional Use Permit 98001, allowing a new monopine telecommunications tower at the existing telecommunications facility, based on findings and subject to conditions of approval. COMMISSIONER COMMENTS AND REPORTS DIRECTOR’S REPORT ADJOURNMENT The next regular meeting will be on August 20, 2024 at City Hall, Council Chambers, 6500 Palma Ave., Atascadero, CA. 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 August 6, 2024 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 of fice 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 a vailable 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 at (805) 470-3400. 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 concerning 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 Commission 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 remarks 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 Community Development Department at (805) 461-5035 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. HOW TO SUBMIT PUBLIC COMMENT: If you wish to comment, please email public comments to: pc-comments@atascadero.org by 12:00 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 forwarded to the Planning Commission and made a part of the administrative record. If a comment is received after the deadline for submission but before the close of the meeting, the comment will still be included as a part of the administrative record of the meeting but will be forwarded to the Planning Commission the next business day. Please note, email comments will not be read into the record. 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 Com munity Development Department. All documents are available for public inspection during City Hall business hours by appointment. Item 1 PC Draft Minutes of 6/18/2024 Page 1 of 3 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting – Tuesday, June 18, 2024 – 6:00 P.M. City Hall 6500 Palma Avenue, Atascadero, California CALL TO ORDER - 6:00 p.m. Chairperson Keen called the meeting to order at 6:01 p.m. and Chairperson Keen led the Pledge of Allegiance. ROLL CALL Present: Commissioners Anderson, Heath, Hughes, Schmidt, and Chairperson Keen Absent: Commissioner Carranza and Vice Chairperson van den Eikhof Vacant: None Others Present: Jessica Applegate, Recording Secretary Staff Present: Kelly Gleason, Planning Manager Taylor Foland, City Attorney Sam Mountain, Assistant Planner APPROVAL OF AGENDA MOTION: By Commissioner Schmidt and seconded by Commissioner Hughes to approve the Agenda. Motion passed 5:0 by a roll-call vote. (Carranza and van den Eikhof absent) PUBLIC COMMENT None. Chairperson Keen closed the Public Comment period. 1 Item 1 PC Draft Minutes of 6/18/2024 Page 2 of 3 CONSENT CALENDAR 1. APPROVAL OF THE DRAFT MINUTES OF MAY 21, 2024 • Recommendation: Commission approve the May 21, 2024 Minutes. MOTION: By Commissioner Schmidt and seconded by Commissioner Hughes to approve the Consent Calendar. Motion passed 5:0 by a roll-call vote. (Carranza and van den Eikhof absent) PLANNING COMMISSION BUSINESS None PUBLIC HEARINGS 2. 4701, 4711, 4731, 4741 EL CAMINO REAL / GRAN PASEO WAY The project includes a request for an Amendment to the Grand Oaks Paseo Master Plan of Development and PD Overlay Zone Text Amendment to enlarge the common open space area, eliminate Lot 14, add 2 residential units to the 2 nd floor of the community building, and eliminate the carport structure. (AMND24-0045). • CEQA: The project is consistent with the previously certified Mitigated Negative Declaration for the project (DEV19-0049). i. Recommendation: Staff’s recommendation is for the Planning Commission to adopt the Draft Resolution recommending that the City Council amend the Grand Oaks MPD and Planned development overlay zone and approve AMND24-0045 to enlarge the common open space and amenity plan, eliminate Lot 14, and add 2 residential units above the community building, based on findings and subject to conditions of approval, and take such additional, related, action that may be desirable. DISCLOSURE OF EX PARTE COMMUNICATIONS: None Planning Manager Gleason presented the staff report and answered questions from the Commission. PUBLIC COMMENT The following members of the public spoke: None Chairperson Keen closed the Public Comment period. 2 Item 1 PC Draft Minutes of 6/18/2024 Page 3 of 3 MOTION: By Commissioner Hughes and seconded by Commissioner Anderson to adopt PC Draft Resolution 2024-0013 recommending that the City Council amend the Grand Oaks Master Plan of Development (Resolution 2019-082) and approve AMND24-0045 to enlarge the common open space and amenity plan, delete unit 14, and add 2 residential units above the community building, based on findings and subject to conditions of approval. Motion passed 5:0 by a roll-call vote. (Carranza and van den Eikhof absent) COMMISSIONER COMMENTS AND REPORTS Commissioner Schmidt commented on some tree trimming work going on in his neighborhood and he received some oak chipping that was delivered to his property. Chairperson Keen commented on the construction and improvements that is going on in the city including road work. DIRECTOR’S REPORT Planning Manager Gleason gave updates on the El Camino Real enhancement project including detours, the sewer extension project going down Traffic Way, PG&E is doing some tree trimming and removal work around town, objective design standards, and new proposed amendment to the Del Rio Ranch project. ADJOURNMENT – 6:19 p.m. The next regular meeting will be on July 16, 2024 at City Hall, 6500 Palma Avenue, Atascadero, CA. MINUTES PREPARED BY: ____________________________ Jessica Applegate, Recording Secretary Permit Technician 3 Item 2 Department: Community Development Date: 8/06/24 Placement: Consent TO: PHIL DUNSMORE, COMMUNITY DEVELOPMENT DIRECTOR FROM: KELLY GLEASON, PLANNING MANAGER PREPARED BY: SAM MOUNTAIN, ASSISTANT PLANNER SUBJECT: Time Extension for Empire Apartments RECOMMENDATION: Planning Commission adopt Draft PC Resolution, approving a one-year time extension (TEX24- 0055) for an amendment (AMND21-0054) to Conditional Use Permit 02-91 to add 19 units to an existing 13-unit apartment building for a total of 32 units, based on findings and subject to conditions of approval. DISCUSSION: BACKGROUND The subject building at 5880 Ardilla Road was formerly the Empire Inn Motel. The Planning Commission approved Conditional Use Permit 02-91 on May 7, 1991, to allow the conversion of the motel into 13 apartments deed restricted at the low-income level. An amendment (AMND21- 0054) to this Conditional Use Permit was submitted by the Housing Authority of San Luis Obispo (HASLO) in 2021. The amendment included the addition of a second story adding 11 studio units and 8 one- bedroom units to the existing building. All proposed units associated with this amendment will be deed-restricted to be affordable to households at the low-income level. A density bonus and parking concession were granted per State law (Cal. Gov. Code § 65915) as part of the approved amendment. The proposed second story maintains and enhances the mid -century modern architecture that currently exists on the site, with design features such as a flat roof, simple white and green color palette, and clean lines and massing. Moderate changes to the site are also proposed, such as the replacement of an existing gazebo with a community building, the addition of an accessible walkway, and fire access modifications to meet current standards. 4 Item 2 The amendment was approved by the Planning Commission on July 20, 2021, subject to conditions of approval. An administrative time extension was approved by the Community Development Director on June 6, 2023, which extended the approval of the amendment until July 20, 2024. PROJECT HISTORY Approval Expiration Amendment Approval 07/20/2021 07/20/2023 Administrative Extension 06/06/2023 07/20/2024 Proposed PC Extension 08/06/2024 07/20/2025 ANALYSIS The Atascadero Municipal Code governs the City’s time extension process. Following a one-year initial time extension granted administratively by the Community Development Director, the Planning Commission may approve continuing extensions provided that each extension does not exceed one year. In order to approve a time extension, the Planning Commission must make findings that there have been no changes to the General Plan, the City’s zoning regulations, the site, or its surroundings which affect the project or the manner in which City regulations apply to it since the approval of the entitlement. In addition, the Planning Commission must find that substantial site work could not be completed due to circumstances outside of the applicant’s control. Staff believes that all required findings can be made in the affirmative. While changes to applicable zoning regulations have been made in the form of the City’s Objective Design Standards and associated Title 9 updates, these changes were put into effect after the submittal of the application for the subject time extension and, as a use permit, consistency with objective 5 Item 2 standards is not required. Substantial site work has not been completed due to the complexity and duration of the affordable housing project funding process. MODIFICATIONS TO CONDITIONS OF APPROVAL The conditions of approval for this project have been modified for clarity; none of the modifications have a material impact on the entitlement. A full list of modifications can be found below. No changes to the project are proposed as part of this time extension. CONDITION AMND21-0054 TEX24-0055 1 This Conditional Use Permit shall allow the accessory structure described in the attached exhibits and located on APN 030-271-019. This Conditional Use Permit shall allow the accessory structure for the addition and site modifications described in the attached exhibits, including 19 new units, a community building, parking lot renovations, a new fire access lane, and accessibility improvements at the Empire Apartments and located on APN 030-271-019. 5 The applicant shall defend, indemnify, and hold harmless the City of 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 the construction or use of the detached accessory structure. The applicant shall defend, indemnify, and hold harmless the City of 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 the construction or use of t he detached accessory structure addition and site modifications subject to this entitlement. 6 All exterior elevations, finish materials and colors shall be consistent with what is shown in EXHIBIT D. All exterior elevations, finish materials and colors shall be consistent with what is shown in EXHIBIT D of PC Resolution 2021-0010. 8 The developer and/or subsequent owner shall assume responsibility for the continued maintenance of all landscape and common areas, consistent with EXHIBIT D. The developer and/or subsequent owner shall assume responsibility for the continued maintenance of all landscape and common areas, consistent with EXHIBIT D of PC Resolution 2021-0010. ENVIRONMENTAL DETERMINATION: The CUP amendment AMND21-0054 was found to be Categorically Exempt (Class 32) from the provisions of the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., “CEQA”) and CEQA Guidelines (Title 14 California Code of Regulations §§ 15000, et seq.) pursuant to CEQA Guidelines Section 15332, because it includes in-fill development as defined. The proposed time extension does not have any measurable impact or effect on the environment as defined in CEQA Guidelines Section 15358. FINDINGS: To approve TEX24-0055, the Planning Commission must make the following findings. These findings and the facts to support these findings are included in the attached resolution. 6 Item 2 1. There have been no changes to the provisions of the General Plan or zoning regulations applicable to the project since the approval of the entitlement (AMC 9 -2.117(a)(1)); and 2. There have been no changes in the character of the site or its surroundings which affect how the standards of the General Plan or zoning regulations apply to the project; and 3. Substantial site work could not be completed as set forth in Section 9-2.113 because of circumstances beyond the control of the applicant. ALTERNATIVES TO THE STAFF RECOMMENDATION: 1. The Planning Commission may include modifications to the project and/or conditions of approval for the project that allow the project to meet the required findings. 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 information 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 th at 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 time extension if findings cannot be made. The Commission must specify what findings cannot be made, and provide a brief oral statement, based on the Staff Report, oral testimony, site visit, correspondence, or any other rationale introduced and deliberated by the Planning Commission. ATTACHMENT(S): 1. Draft Resolution 2. Statement of Justification 3. Original project design package 7 Item 2 ATTACHMENT 1: Draft Resolution TEX24-0055 DRAFT PC RESOLUTION RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING A ONE-YEAR TIME EXTENSION (TEX24-0055) FOR AMENDMENT (AMND21-0054) TO CONDITIONAL USE PERMIT 02-91, ALLOWING AN ADDITIONAL 19 UNITS AND VARIOUS SITE MODIFICATIONS AT 5880 ARDILLA ROAD EMPIRE APARTMENTS APN 030-271-019 (HOUSING AUTHORITY OF SLO) WHEREAS, an application has been received from the Housing Authority of San Luis Obispo (Owner/Applicant), 487 Leff Street, San Luis Obispo, CA 93401, to consider a second one-year time extension (TEX24-0055) for an amendment (AMND21-0054) to Conditional Use Permit 02-91 at 5880 Ardilla Road (APN 056-071-014); and WHEREAS, the site’s General Plan Designation is High Density Residential (HDR); and WHEREAS, the site’s Zoning District is Residential Multi-Family, 24 units/acre (RMF- 24); and WHEREAS, the Planning Commission approved Conditional Use Permit 02-91 during a timely and properly noticed Public Hearing on May 7, 1991; and WHEREAS, the Planning Commission approved an amendment to Conditional Use Permit 02-91 (AMND21-0054) during a timely and properly noticed Public Hearing on July 20, 2021; and WHEREAS, the applicant was granted a one-year administrative time extension on June 6, 2023, extending the expiration date of the amendment entitlement to July 20, 2024; and WHEREAS, the proposed time extension would extend the expiration date of the amendment entitlement to July 20, 2025; 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 Public Hearing upon the subject time extension 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 time extension; and 8 Item 2 NOW THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of Atascadero, California, makes the following findings and determinations with respect to the proposed time extension: SECTION 1. Recitals. The above recitals are true and correct. SECTION 2. Public Hearing. The Planning Commission of the City of Atascadero, in a regular session assembled on August 6, 2024, resolved to approve a one-year time extension (TEX24- 0055) for an amendment to Conditional Use Permit 02-91 (AMND21-0054). SECTION 3. CEQA. The project was determined to be Categorically Exempt (Class 32) from the provisions of the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., “CEQA”) and CEQA Guidelines (Title 14 California Code of Regulations §§ 15000, et seq.) pursuant to CEQA Guidelines Section 15332, because it includes in-fill development as defined. The proposed time extension does not have any measurable impact or effect on the environment as defined in CEQA Guidelines Section 15358. SECTION 4. Findings. The Planning Commission finds as follows: 1. There have been no changes to the provisions of the General Plan or zoning regulations applicable to the project since the approval of the entitlement; and Fact: Changes to the City’s zoning regulations have occurred since the original entitlement was approved in the form of the City’s Objective Design Standards ordinance and corresponding Title 9 updates. However, as a use permit, consistency with these new standards is not required. Therefore, none of these changes apply to the project. 2. There have been no changes in the character of the site or its surroundings which affect how the standards of the General Plan or zoning regulations apply to the project; and Fact: There have been no changes to the character of the site or its surroundings which affect how any applicable standards or regulations apply to the project. 3. Substantial site work could not be completed as set forth in Section 9-2.113 because of circumstances beyond the control of the applicant. Fact: This project involves the construction of deed-restricted affordable housing, which is generally financed by a variety of different sources including public and private grants, State tax credits, and local affordable housing funds. Per the attached statement of justification, the Housing Authority of San Luis Obispo is requesting the subject time extension in order to have additional time to coordinate and secure sources of funds for costs associated with permitting and construction. SECTION 5. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on August 6, 2024, resolved to approve time extension TEX24-0055 subject to the following: 9 Item 2 EXHIBIT A: Conditions of Approval 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 _________________________________________ Tori Keen Planning Commission Chairperson ATTEST: ___________________________________ Phil Dunsmore Planning Commission Secretary 10 Item 2 Exhibit A: Conditions of Approval AMND21-0054 / TEX24-0055 Conditions of Approval 5880 Ardilla Rd. AMND21-0054 / TEX24-0055 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Planning Services Conditions 1. This Conditional Use Permit shall allow for the addition and site modifications described in the attached exhibits, including 19 new units, a community building, parking lot renovations, a new fire access lane, and accessibility improvements at the Empire Apartments located on APN 030-271-019. Ongoing 2. The approval of this use permit shall become final and effective for the 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. Ongoing 3. The Community Development Department shall have the authority to approve the following minor changes to the project that (1) modify the site plan 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 Master Plan of Development. The Planning Commission shall have the final authority to approve any other changes to the Master Plan of Development and any associated Tentative Maps unless appealed to the City Council. BP 4. Approval of this Conditional Use Permit shall be valid for twenty-four (24) months after its effective date. At the end of the period, the approval shall expire and become null and void unless the project has received a building permit and started construction on the project. BP 5. The applicant shall defend, indemnify, and hold harmless the City of 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 the construction or use of the addition and site modifications subject to this entitlement. Ongoing 6. All exterior elevations, finish materials and colors shall be consistent with what is shown in EXHIBIT D of PC Resolution 2021-0010. BP / FI 7. The applicant shall submit a landscape and irrigation plan concurrently with their building permit submittal. BP / FI 8. The developer and/or subsequent owner shall assume responsibility for the continued maintenance of all landscape and common areas, consistent with EXHIBIT D of PC Resolution 2021-0010. Ongoing 9. Trash receptacles are to be fully shielded from adjacent properties. BP/ Ongoing 10. The applicant shall submit a Parking Management Plan, to be approved by the Community Development Director, and record the plan prior to requesting a final planning inspection. FI 11. The applicant shall add a new six foot tall fence along the eastern property line prior to requesting a final planning inspection. BP 12. Prior to issuance of building permits, the owner shall record a deed restriction designating the project as 100% affordable to low income households for a minimum term of 55-years. BP City Engineer Conditions 13. A preliminary Storm Water Control Plan (SWCP) must be completed showing how the proposed project will comply with City and State regulations (Regional Water Quality Control Board Res. No. R3 -2013-0032). The preliminary SWCP shall be completed using the City standard form and should include preliminary calculations supporting any required treatment or storage areas associated with Drainage Management Areas (DMA). 14. The remodel of existing facilities and the new facilities are subject to the current City sewer fees and said fees shall be paid prior to issuance of building permits. 11 Item 2 15. The applicant shall work with the City Engineer to determine if frontage improvements are feasible and/or warranted prior to issuance of building permits. 16. The applicant shall work with the City Engineer to determine if additional street lighting is feasible and/or warranted prior to issuance of building permits. Fire Department Conditions 17. Show non-skid surface where required per the Fire Code. 12 Item 2 Attachment 2: Statement of Justification TEX24-0055 13 Item 2 Attachment 3: Original Project Design Package AMND21-0054 / TEX24-0055 14 Item 2 15 Item 2 16 Item 2 17 Item 2 18 Item 2 19 Item 3 Department: Community Development Date: 8/6/2024 Placement: Public Hearing TO: PHIL DUNSMORE, COMMUNITY DEVELOPMENT DIRECTOR FROM: KELLY GLEASON, PLANNING MANAGER PREPARED BY: SAM MOUNTAIN, ASSISTANT PLANNER SUBJECT: Expansion of Existing Telecommunication Facility (DISH Wireless) RECOMMENDATION: Planning Commission adopt Draft PC Resolution, approving an amendment to Conditional Use Permit 98001, allowing a new monopine telecommunications tower at the existing telecommunications facility at 9575 Vista Bonita Ave., based on findings and subject to conditions of approval. REPORT IN BRIEF: The applicant seeks a Conditional Use Permit amendment for the installation of a new 20-foot monopine at an existing telecommunications facility at 9575 Vista Bonita Ave. alongside appurtenant antennas and ground-level equipment. All proposed ground-level equipment will be located within an existing screened enclosure area. No changes are proposed to existing towers. DISCUSSION: BACKGROUND The Planning Commission adopted Resolution 1998-005 on March 17, 1998, approving a co- located cellular facility on the southwestern face of Chalk Mountain at 9575 Vista Bonita Ave. Since the original approval date, numerous amendments and modifications have been sought and approved by the Planning Commission, including: • July 5, 2000 (Resolutions 2000-038 and 2000-039) approving an expansion of the existing facility to add new monopole towers and equipment shelters for use by GTE Wireless (now Verizon Wireless) and Alpine PCS. • August 7, 2001 (Resolution 2001-038) approving additional cellular towers for AT&T and Sprint. • November 19, 2013 (Resolutions 2013-0030, 2013-0031, and 2013-0032) approving various minor modifications to the site. • June 4, 2019 (Resolution 2019-0015) approving various site modifications proposed by Sprint, including new antennas, pipe masts, and landscaping. 20 Item 3 There are currently approximately 18 monopoles on the site, leased by various telecommunication companies such as Sprint, Verizon, AT&T, and T-Mobile. Since the initial approvals, these companies have upgraded their equipment to keep up with ever-changing wireless communication technologies. These upgrades have been approved either through building permits – if no additional equipment is added and antenna heights remain consistent with previously approved CUPs – or through CUP amendments. The subject amendment further expands telecommunication facilities on the Chalk Mountain site. DESIGN The proposed 20-foot monopine is located approximately 115 feet north-northeast of the existing ground-level equipment enclosures, higher in elevation than any existing monopoles on the site. Equipment mounted to the monopine includes six antennas and twelve remote radio heads mounted within three sectors. As opposed to the existing monopole design of existing facilities, the proposed equipment will feature a stealth monopine as it is higher toward the apex of the hill than the existing equipment and, thus, more visible. This monopine is broadly consistent with previously approved entitlements to the site. However, a previous site condition of approval required all equipment to be below the 1223’ elevation contour. The proposed monopine exceeds this base elevation by 15 feet, resulting in the stealth tower requirement. Staff has modified the original condition with this approval to allow only stealth facilities on-site if the 1223’ elevation is exceeded. This condition will apply to future facilities unless a modification is requested. Ground-level equipment is proposed within an existing fenced enclosure located adjacent to equipment servicing other wireless carriers. The equipment and fencing will be painted to match the surrounding earth tones at the project site. Hybrid cable within an existing conduit route is proposed to connect the ground-level equipment to the monopine. 21 Item 3 RADIO FREQUENCY (RF) COMPLIANCE An RF-EME compliance report prepared by EBI Consulting and submitted by the applicant team shows no modeled exposures on any accessible ground surface related to DISH’s proposed antennas that exceed the FCC’s occupational and/or general public exposure limits. Federal law prohibits compliant RF exposure from being utilized as a factor in considering an entitlement application for a telecommunications facility. ENVIRONMENTAL DETERMINATION: The proposed project is consistent with the previously adopted Certified Mitigated Negative Declaration 2001-0026. FINDINGS: To approve a Use Permit Amendment, the Planning Commission must make the following findings. These findings and the facts to support these findings are included in the attached resolution. 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. The proposed project or use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development; 5. 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. ALTERNATIVES TO THE STAFF RECOMMENDATION: 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 information 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 th at is required. A motion, and approval of that motion, is required to continue the item to a future date. 22 Item 3 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, correspondence, or any other rationale introduced and deliberated by the Planning Commission. FISCAL IMPACT: None. ATTACHMENT(S): 1. Draft Resolution 23 Item 3 ATTACHMENT 1: Draft Resolution AMND24-0047 DRAFT PC RESOLUTION RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING A AN AMENDMENT (AMND24-0047) TO CONDITIONAL USE PERMIT 98001 TO ALLOW THE CONSTRUCTION OF NEW CELLULAR FACILITIES FOR DISH NETWORK AT 9575 VISTA BONITA AVE APN 030-441-023 (FREDERICK / DISH WIRELESS) WHEREAS, an application has been received from Dish Wireless (Applicant) and Michael Frederick (Owner) to consider an Amendment (AMND24-0047) to Conditional Use Permit 98001 to allow the construction of additional wireless facilities for Dish Network in the Residential Single-Family Y (RSF-Y) zoning district at 9575 Vista Bonita Avenue (APN 056-071- 014); and WHEREAS, the site’s General Plan Designation is Single-Family Residential Y (SFR-Y); and WHEREAS, the site’s Zoning District is Residential Single-Family Y (RSF-Y); and WHEREAS, Conditional Use Permit 98001 has been amended to account for expansions of the telecommunications use through Planning Commission Resolutions 2000-038, 2000-039, 2001-038, 2013-0030, 2013-0031, 2013-0032, and 2019-0015; 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 amendment 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 amendment: SECTION 1. Recitals. The above recitals are true and correct. SECTION 2. Public Hearing. The Planning Commission of the City of Atascadero, in a regular session assembled on August 6, 2024, resolved to approve a Conditional Use Permit amendment 24 Item 3 to allow a new monopine telecommunications facility at 9575 Vista Bonita Avenue (AMND24- 0047). SECTION 3. CEQA. The Planning Commission finds as follows: 1. The proposed project is consistent with the previously adopted Certified Mitigated Negative Declaration 2001-0026. SECTION 4. Findings. The Planning Commission finds as follows: 1. The proposed use is consistent with the General Plan; and Fact: The cellular facility use at this location is consistent with the General Plan land use designation. Telecommunication facilities are listed as a conditionally allowed use in the single-family general plan designations. The proposed use is consistent with General Plan Land Use Element Goals LOC 13 and LOC 14 and Land Use Policy 14.1, as it expands an existing telecommunications use to provide necessary wireless services to Atascadero residents. 2. The proposed project satisfies all applicable provisions of the Title (Zoning Ordinance); and Fact: As conditioned, the project complies with all applicable Municipal Code provisions. 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, and a provided RF report confirms that the new tower will comply with FCC limitations on exposure to RF radiation. The development of the project will not be detrimental to the health, safety, or welfare of the general public or of individuals living or working near the site. 4. That the proposed project 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 Chalk Mountain site, and the proposed monopine is screened to a greater extent than the existing monopole towers on the site. Ground-level equipment will be painted to match the site’s existing earth tones. The project will be consistent with the general character of the Vista Bonita site and its immediate vicinity. 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 25 Item 3 neighborhood that would result from full development in accordance with the Land Use Element. Fact: Cellular facilities are unmanned with infrequent maintenance work as the sole exception. The proposed project will not generate any notable quantity of traffic to or from the site. SECTION 5. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on August 6, 2024, resolved to approve Conditional Use Permit amendment AMND24- 0047 subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Design Package 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 _________________________________________ Tori Keen Planning Commission Chairperson ATTEST: ___________________________________ Phil Dunsmore Planning Commission Secretary 26 Item 3 Exhibit A: Conditions of Approval AMND24-0047 Conditions of Approval / Mitigation Monitoring Program 9575 Vista Bonita Avenue AMND24-0047 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 Planning Services Conditions 1. Planning Commission Resolutions 1998-005, 2001-0037, 2013-0031, 2019-0015, and all associated entitlements shall be amended to allow construction of an additional 20-foot stealth monopine and appurtenant electrical and structural features as depicted in EXHIBIT B, subject to the conditions listed herein. All previous conditions applied to the site shall remain in full effect unless specifically amended by this resolution. This approval shall remain in effect, subject to applicable conditions, regardless of owner or operator. Ongoing PS 2. The approval of this Conditional Use Permit amendment shall become final and effective for the purposes of issuing a building permit 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. Ongoing PS 3. The Community Development Department shall have the authority to approve minor changes to the project that (1) modify the project by less than 10% and/or (2) result in a superior site design or appearance. BP PS, BS 4. Approval of this Conditional Use Permit amendment shall be valid for twenty-four (24) months after its effective date. At the end of the period, the approval shall expire and become null and void unless the project has received a building permit. BP PS 5. The applicant shall defend, indemnify, and hold harmless the City of 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. Ongoing CA 6. Any future towers located above the 1223’ elevation contour shall be designed as a stealth tower of a faux tree species compatible with this approval. BP PS 7. All site design, landscaping, antenna / shelter placement, site fencing, exterior elevations, finish materials, and signage shall be consistent with Exhibit B. Ongoing PS 8. The pole, pole-mounted antenna, fence, and all ground-mounted equipment and equipment housing shall be painted in earth-toned colors to camouflage the structures. BP PS 9. Should the stealth foliage become damaged, faded, or thinned, foliage shall be replaced within 30-days. Any faded branching or foliage shall be replaced or blended to retain a natural appearance. Ongoing PS 10. When the proposed facilities are no longer required, all such facilities shall be removed, and the site shall be restored to its pre-existing Ongoing PS 27 Item 3 Conditions of Approval / Mitigation Monitoring Program 9575 Vista Bonita Avenue AMND24-0047 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 conditions to the satisfaction of the Community Development Department. 11. Utilities shall be installed underground. Common utility trenches shall be used where feasible. Ongoing PS 12. All existing landscaping shall be maintained to allow for growth to natural height and spread. Should any landscaping become damaged, or otherwise fails to thrive, that landscaping shall be replaced within 30- days. All plants that are dead and/or dying shall be reinstalled on-site with proper irrigation to ensure survival prior to final building permit issuance Ongoing PS 13. The City of Atascadero shall be allowed reasonable access to the site for purposes of inspection should on-site inspection(s) be necessary. Ongoing PS/PD 14. No exterior lighting shall be installed on any structures. Ongoing PS 15. All chain link fencing within the project area shall be treated with an earth-toned coating without slats. BP PS 16. Any perimeter fencing required by the RF study shall be an agricultural style t-bar fence with metal barbed wire. BP PS 17. The applicant shall be responsible for the relocation and/or alteration of existing utilities. BP CE 28 Item 3 Exhibit B: Design Package AMND24-0047 Site Plan 29 Item 3 South Elevation North Elevation 30 Item 3 West Elevation 31 Item 3 Photosims 32 Item 3 33