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HomeMy WebLinkAboutPC_2013-11-19_AgendaPacket http://www.facebook.com/planningatascadero @atownplanning CITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting Tuesday, November 19, 2013 – 7:00 P.M. Historic City Hall Council Chambers 6500 Palma Ave., 4th Floor (Enter on Lewis Ave./Jr. High School Side) Atascadero, California 93422 CALL TO ORDER Pledge of Allegiance Roll Call: Chairperson David Bentz Vice Chairperson Dennis Schmidt Commissioner Duane Anderson Commissioner Len Colamarino Commissioner Christian Cooper Commissioner Mark Dariz Commissioner Jan Wolff 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.) PLANNING COMMISSION BUSINESS 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 ACTION MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON NOVEMBER 5, 2013. 2. APPROVAL OF FINAL MAP 2013-0177, 3850 MONTEREY ROAD (HAWKINS) City of Atascadero Planning Commission Agenda Regular Meeting, November 19, 2013 Page 2 of 5 http://www.facebook.com/planningatascadero @atownplanning COMMUNITY DEVELOPMENT STAFF REPORTS None PUBLIC HEARINGS 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. (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).) 3. PLN 2013-1482 / CONDITIONAL USE PERMIT FOR 3220 EL CAMINO REAL CIDER BREWERY AND TASTING Property Owner: Jerry Stockle, 22840 El Camino Real, Atascadero, CA 93422 Applicant: Neil Collins, 9349 Adelaida Road, Paso Robles, CA 93446 Project Title: PLN 2013-1482 / CUP 2013-0275 Brewery & Tasting Facility Project Location: 3220 El Camino Real, Atascadero, CA 93422 APN 049-214-013 (San Luis Obispo County) Project Description: Conditional Use Permit application submitted in order to open a cider brewery and tasting room at 3220 El Camino Real. Breweries are an allowed use in the CPK zoning district, however, wine, beer, or cider tasting facility is a conditional use requiring Planning Commission approval. General Plan Designation: Commercial Park (CPK) Zoning: Commercial Park (CPK) Proposed Environmental Determination: The proposed business qualifies for a Categorical Exemption (Class 1, Section 15301) under CEQA, which exempts the leasing, licensing or minor alteration of existing structures or facilities. Recommendation: Staff recommends Planning Commission adopt PC Resolution 2013-0029, approving a brewery and tasting facility at 3220 El Camino Real based on the findings and subject to conditions of approval. City of Atascadero Planning Commission Agenda Regular Meeting, November 19, 2013 Page 3 of 5 http://www.facebook.com/planningatascadero @atownplanning 4. PLN 2013-1479 / PLN 2099-0908 / PLN 2099-0008 CONDITIONAL USE PERMIT AMENDMENTS FOR CHALK MOUNTAIN CELL SITE Property Owner: Michael Frederick, PO Box 573, Atascadero, CA 93423 Applicants: Verizon Wireless, 2785 Mitchell Dr. Bldg. 9, Walnut Creek, CA 94598 Tricia Knight, 234 Seacliff Dr., Pismo Beach, CA 93449 in care of AT&T Wireless and Sprint Wireless Communications Project Title: PLN 2013-1479 / PLN 2099-0908 / PLN 2099-0008 Project Location: 9550, 9575, 9230 Vista Bonita, Atascadero, CA 93422 (Chalk Mountain) APN 030-441-023 (San Luis Obispo County) Project Description: Applications consist of upgrades to existing co-located cellular facilities at Chalk Mountain for AT&T Wireless, Verizon Wireless and Sprint. Proposed upgrades at the existing facility include the following: Verizon Wireless:  Installation of a new 30 kw/132 gallon diesel tank UL2200 standby generator. This part of the project requires a service trench for new generator conduits, a +/- 9’3” retaining wall, and an 8’0” high chain link fence with slats.  Three (3) panel antennas removed and replaced by three (3) new Verizon Wireless panel antennas for Long Term Evolution (LTE) implementation.  Equipment upgrades at existing Verizon Wireless equipment shelter. Sprint:  Removal of three (3) existing panel antennas and replaced by three (3) new panel antennas. Installation of the new panels and pipe mast with footings will increase the height of the existing cell towers from 15’ to 16’ for better wireless reception and implementation of LTE service.  Removal and replacement of two cabinets at the operator’s shelter.  Requesting additional GPS antenna for a total of two antennas at the sight. AT&T Wireless:  Applicant proposes installing three (3) new monopoles. The existing pole will have two (2) panel antennas removed and replaced. A total of twelve (12) new panel antennas will be mounted to new and existing mount poles for LTE implementation.  Equipment upgrades at existing AT&T Wireless equipment shelter  Proposed decommission of “2G” wireless antennas and equipment to free bandwidth to accommodate LTE antennas. General Plan Designation: Single-Family Residential (SFR-Y) Zoning: Residential Single-Family (RSF-Y) Proposed Environmental Determination: Consistent with previously Certified Mitigated Negative Declarations 2000-016 Recommendation: Staff recommends the Planning Commission adopt PC Resolution 2013-0030, 2013- 0031, 2013-0032 based on findings and with conditions to allow for upgrades of existing co-located cellular facilities at Chalk Mountain for AT&T Wireless, Verizon Wireless and Sprint. City of Atascadero Planning Commission Agenda Regular Meeting, November 19, 2013 Page 4 of 5 http://www.facebook.com/planningatascadero @atownplanning 5. PLN 2008-1314, AMENDMENT TO DOVE CREEK COMMERCIAL CENTER COMMISSIONER COMMENTS AND REPORTS 6. DISCUSSION OF 11/14/13 MOBILE MEETING PROJECT WITH CITY COUNCIL. DIRECTOR’S REPORT ADJOURNMENT The next regular meeting of the Planning Commission is scheduled for December 3, 2013, at City Hall, Council Chambers, 6500 Palma Avenue, Atascadero. 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. t:\~ planning commission\pc agendas\pc 2013\pc agenda. am.11-19-13.docx Property Owner: Atascadero Partners, LLC c/o Art Burke, 5383 Hollister Ave., #150, Santa Barbara, CA 93111 Applicant Benjamin Efraim, Fortune Companies, 5423 Village Road, Suite 22, Long Beach, CA 90808 Project Title: PLN 2008-1314 Amendment to Dove Creek Commercial Center Project Location: Northwest corner of El Camino Real and Santa Barbara Road 11600 El Camino Real, Atascadero, CA 93422 APN 045-331-014 (San Luis Obispo County) Project Description: The proposed project consists of a request to amend condition #10 of the conditions of approval for the Dove Creek Commercial Center. General Plan Designation: Mixed Use - Planned Development Zoning: Commercial Retail - PD12 Proposed Environmental Determination: Consistent with Certified Mitigated Negative Declaration for Dove Creek Planned Development Recommendation: The Design Review Committee is recommending approval of the change to condition #10. City of Atascadero Planning Commission Agenda Regular Meeting, November 19, 2013 Page 5 of 5 http://www.facebook.com/planningatascadero @atownplanning 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 7:00 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. An agenda packet is also available for public review at the Atascadero Library, 6850 Morro Road. 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 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 470-3402 at least 24 hours prior to the meeting. Digital presentations brought to the meeting 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 Action Minutes of 11/5/13 Page 1 of 4 CITY OF ATASCADERO PLANNING COMMISSION DRAFT ACTION MINUTES Regular Meeting – Tuesday, November 5, 2013 – 7:00 P.M. City Hall Council Chambers 6500 Palma Avenue, Atascadero, California CALL TO ORDER - 7:00 p.m. Chairperson Bentz called the meeting to order at 7:00 p.m. and led the Pledge of Allegiance. ROLL CALL Present: Commissioners Anderson, Colamarino, Cooper, Dariz, Wolff, Vice Chairperson Schmidt, and Chairperson Bentz Absent: Community Development Director Warren Frace Others Present: Recording Secretary Annette Manier Staff Present: Senior Planner Callie Taylor Assistant Planner Alfredo Castillo APPROVAL OF AGENDA MOTION: By Commissioner Colamarino and seconded by Commissioner Anderson to approve the agenda. Motion passed 7:0 by a roll-call vote. PUBLIC COMMENT None Chairperson Bentz closed the Public Comment period. ITEM NUMBER: ITEM NUMBER: 1 DATE: 11-19-13 PC Draft Action Minutes of 11/5/13 Page 2 of 4 PLANNING COMMISSION BUSINESS None CONSENT CALENDAR 1. APPROVAL OF ACTION MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON OCTOBER 15, 2013. Chairperson Bentz asked the Commission to consider minor edits to the October 15, 2013 minutes. MOTION: By Commissioner Colamarino and seconded by Vice Chairperson Schmidt to approve the consent calendar with the following changes:  On Page 2, change PC Resolution 2013-0027 to PC Resolution 2013- 0028 and;  On Page 3 of 7, change PC Resolution PLN 2013-1481 to PC Resolution 2013-0028. Motion passed 7:0 by a roll-call vote. COMMUNITY DEVELOPMENT STAFF REPORTS None PUBLIC HEARINGS 2. PLN 2013-1476, CONDITIONAL USE PERMIT FOR 7600 PORTOLA ROAD Property Owner/Applicant: James Cooley, 6407 Portola Road, Atascadero, CA 93422 Project Title: PLN 2013-1476 / CUP 2013-0273 Project Location: 7600 Portola Road, Atascadero, CA 93422 APN 031-321-002 (San Luis Obispo County) PC Draft Action Minutes of 11/5/13 Page 3 of 4 DISCLOSURE OF EX PARTE COMMUNICATIONS: None Assistant Planner Castillo gave the staff report, and answered question from the Commission. PUBLIC COMMENT The following person spoke during public comment: James Cooley. Mr. Cooley answered questions from the Commission. Chairperson Bentz closed the Public Comment period. MOTION: By Vice Chairperson Schmidt and seconded by Commissioner Dariz to approve PC Resolution 2013-0027, approving PLN 2013-1476/CUP 2013- 0273, for a 992 square foot oversized accessory structure that exceeds 50% of the size of the primary residence at 7600 Portola Road based on findings and consistent with the General Plan. Motion passed 7:0 by a roll-call vote. COMMISSIONER COMMENTS AND REPORTS  Vice Chairperson Schmidt inquired about highway signs. Assistant Planner Castillo answered his questions. Project Description: Proposed oversized detached accessory structure totaling 990 square feet (sf). A Conditional Use Permit (CUP) is required for detached accessory structures that have a gross floor area of more than 50% the size of the primary residence. General Plan Designation: Single-Family Residential (SFR-Z) Zoning: Residential Single Family (RSF-Z) Proposed Environmental Determination: Proposed Class 1 Categorical exemption for a proposed addition that does not result in an increase of 2,500 square feet total for the entire structure. Recommendation: Staff recommends that the Planning Commission adopt PC Resolution 2013-0027 to approve an oversized accessory structure of approximately 990 square feet at 7600 Portola Road based on findings that the project is consistent with the General Plan. PC Draft Action Minutes of 11/5/13 Page 4 of 4 DIRECTORS REPORT  Senior Planner Taylor reminded the Commission of their project tour to be held on November 14, 2013 from 1 p.m. – 5 p.m.  Senior Planner stated that the next meeting will be held on November 19, 2013, and there will be several items on the agenda. ADJOURNMENT – 7:19 p.m. The next regular meeting of the Planning Commission is scheduled for November 19, 2013, at 7:00 p.m. at City Hall, Council Chambers, 6500 Palma Avenue, Atascadero. MINUTES PREPARD BY: _____________________________ Annette Manier, Recording Secretary \\cityhall\cdvlpmnt\~ planning commission\pc minutes\pc minutes 2013\pc draft actn minutes 11 5 13.am.docx ITEM NUMBER: 2 DATE: 11-19-13 Final Map 2013-0001 Page 1 of 2 Atascadero Planning Commission Staff Report – Public Works Department Final Map 2013-0177 (Parcel Map AT 13-0001) (3850 Monterey Road) (LLA 2013-0110) Hawkins RECOMMENDATIONS: Planning Commission: 1. Direct the Planning Director to accept and approve Final Parcel Map 2013-0177 (Parcel Map AT 03-0001). DISCUSSION: Lot Line Adjustment 2013-0177 was approved by the City Community Development Director on June 21, 2013. The two lots currently measures 4.34 acres gross. Lot 3 measures 1.83 acres gross, and Lot 4 measures 2.51 acres gross. This LLA will create two parcels from the two existing lots. Parcel 1 will measure 2.02 acres gross, and parcel 2 will measure 2.32 acres gross. The two lots were only reconfigured and no additional lots (now named parcels) were created as part of this action. Pursuant to California Government Code Section 66412, the approving legislative body (City Council) shall limit its review to whether or not the Lot Line Adjustment will conform to the General Plan and any zoning and building ordinances. Staff has determined that Final Map 2013-0177, is in substantial conformance with the General Plan and all applicable zoning and building ordinances. FISCAL IMPACT: None ATTACHMENTS: Exhibit A: Final Map 2013-00177(Parcel Map AT 13-0001) ITEM NUMBER: 2 DATE: 11-19-13 Final Map 2013-0001 Page 2 of 2 Exhibit A Final Map 2013-0177 (Parcel Map AT 13-0001) 3850 Monterey Road, Hawkins Atas Staff R Nicholas Callie Tay RECOM Staff Re Adopt P tasting f of appro SITUAT 1. P 2. A 3. P 4. G 5. Z 6. S 7. E 8. E scader Report – C J. Wong, Pla ylor, Senior P PLN 2 MMENDA ecommends PC Resolu facility at 32 oval. TION AN Property Ow Applicant: Project Addr General Pla Zoning Distr Site Area: Existing Use Environmen ro Pla Communi anning Intern Planning, 47 2013-148 Cider ATION: s Planning C tion 2013- 220 El Cam D FACTS wner: ress: n Designat rict: e: tal Status: anning ity Devel n, 470-3470, 70-3448, ctay 2 / Condi Brewery 3220 El (Stock Commissio 0029 to a mino Real b S: Jerry S 93422 Neil C 93446 3220 E ion: Comm Comm 0.2 acr Billiard Class alterat g Com lopment D nwong@ata ylor@atascad itional Us and Tast Camino kle / Colli on: pproving a based on th Stockle, 228 Collins, 934 El Camino R mercial Park mercial Park res ds retail sale 1 Categori ion of exist mmissi Departme ascadero.org dero.org se Permit ting Faci Real ns) an alcoholi he findings 840 El Cam 9 Adelaida Real Atasca k (CPK) k(CPK) es & repair cal Exemp ing structur ITEM NUMB DATE: ion ent g t 2013-02 lity c beverage s and subje mino Real A a Road, Pa adero, CA r shop (exis ption for lice res of facilit ER: 3 11-19 275 e brewery ect to condi Atascadero aso Robles sting buildin ensing or m ties 3 9-13 and tions o, CA , CA ng) minor ITEM NUMBER: 3 DATE: 11-19-13 DISCUSSION: Background: The existing building is located within a Commercial Park center which was constructed in 2004 as a commercial subdivision. SLO Billiards currently owns and operates from the existing detached 2,500 square foot commercial building. ANALYSIS: The applicant is seeking a Conditional Use Permit (CUP) to allow for the production, distribution, on-site sales, and tasting of hard apple cider. In the Commercial Park (CPK) zone, breweries, distribution, and accessory storage are allowed uses and would not require a CUP. However, per the Municipal Code, the on-site alcohol beverage tasting facility requires Planning Commission approval through a CUP. The site contains an existing commercial building and associated parking. Tenant improvements are proposed to convert the rear of the building to a production area, and the front of the building would be converted to a tasting room and retail sales. The Surrounding Land Use: North: Commercial Park South: Commercial Park East: Commercial Park & Residential Suburban West: Commercial Park & HWY 101 Location ITEM NUMBER: 3 DATE: 11-19-13 applicant shall work with the City’s Building Department to obtain a permit in conformance with California Building Code for the new occupancy, and provide required restroom facility(s) and site accessibly. The non-permitted cargo container currently located within the parking lot shall be removed from the site. A patio area may be established by the tasting facility in the front of the building. New on-site signage shall comply with the approved master sign plan for the surrounding commercial park subdivision. General Plan Consistency The proposed project is consistent with the following General Plan Land Use Element Goals and Policies: Land Use Program 1.1.7: “Within the Urban Core encourage infill development or revitalization or reuse of land already committed to urban development where utilities and public services exist.” Goal LOC 13: Provide a sound economic base to sustain the City’s unique character by establishing a range of employment and business opportunities and generate sufficient revenue to support adequate levels of public services, and environment, social and educational quality. Land Use Policy 13.1: Facilitate convenient location of goods and services needed by local residents. Goal LOC 14: “Retain and expand existing business and attract new businesses to improve the availability of goods and services.” Conceptual Floor Plan May be modified to meet California Building Code requirements ITEM NUMBER: 3 DATE: 11-19-13 Findings The Planning Commission must make the following findings in order to approve a CUP. If the Commission chooses to deny the project, the Commission must make specific findings for denial. 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. Staff Comment: The proposed use is consistent with the Atascadero General Plan as identified by the policies and programs listed above. 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance). Staff Comment: As conditioned, the project satisfies the special use permit provisions for the Atascadero Municipal Code. The existing parking 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. Staff Comment: The proposed brewery and tasting facility 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 or the immediate neighborhood or contrary to its orderly development. Staff Comment: The proposed brewery and tasting facility would fill a vacant space located in an existing retail center. The change of use will bring new customers to the center. The production and tasting use is consistent with the recently established Joe Bella Coffee facility located in the adjacent commercial center, where Joe Bella coffee is roasted and packaged on site in the same building as the retail coffee shop. 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. ITEM NUMBER: 3 DATE: 11-19-13 Staff Comment: The proposed project and use, as conditioned, is consistent with the traffic projections and road improvements anticipated within the General Plan. 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. Environmental Determination The proposed project qualifies for a Class 1 categorical exemption (CEQA Section 15301) for the operation, permitting, leasing or minor alteration of existing facility. No new buildings or additional structures are proposed with the Conditional Use Permit. Conclusion The applicant has submitted a CUP to allow a hard apple cider brewery and tasting facility in the Commercial Park (CPK) zone. Based on the above analysis and incorporated conditions, staff believes that the findings for approval of the CUP can be made. ALTERNATIVES: 1. The Commission may approve the project with additional or revised project conditions. 2. The Commission may deny the project if it is found that the required findings cannot be made. The Commission’s motion to deny must include a finding for denial. 3. The Commission may continue the hearing and refer the item back to staff for additional information or analysis. Direction should be given to staff and the applicant on required information. ATTACHMENTS: Attachment 1: Location Map (General Plan and Zoning) Attachment 2: Letter from Applicant Attachment 3: Draft Resolution PC 2013-0029 ATTACHM Gene Zonin MENT 1: eral Plan De ng: Comm Locatio PLN 20 3220 El esignation: ercial Park on Map (Gener 13-1482 / CUP l Camino Real Commerc k (CPK) ral Plan and Z P 2013-0275 l ial Park (CP Zoning) PK) Pro 3220 El ITEM NUMB DATE: oject Site Camino Re ER: 3 11-19 eal 3 9-13 ATTACHM MENT 2: Letter f PLN 20 3220 El from the Appl 13-1482 / CUP l Camino Real icant P 2013-0275 l ITEM NUMB DATE: ER: 3 11-19 3 9-13 ITEM NUMBER: 3 DATE: 11-19-13 ATTACHMENT 3: Draft Resolution PC 2013-0029 PLN 2013-1482 / CUP 2013-0275 DRAFT RESOLUTION PC 2013-0029 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING PLN 2013-1482/CONDITIONAL USE PERMIT 2013-0275 TO ALLOW AN ALCOHOLIC BEVERAGE BREWERY & TASTING FACILITY IN THE COMMERCIAL PARK ZONE AT 049-214-013 (3220 EL CAMINO REAL / COLLINS / STOCKLE) WHEREAS, an application has been received from Applicant, Neil Collins, (9349 Adelaida Road, Paso Robles, CA 93446) and Property Owner, Jerry A. Stockle (22840 El Camino Real Atascadero) to consider a Conditional Use Permit (CUP 2013-0275) to establish an alcoholic beverage brewery and tasting facility at 3220 El Camino Real; and, WHEREAS, the site’s General Plan Designation is Commercial Park (CPK); and, WHEREAS, the site’s Zoning is Commercial (CPK); and, WHEREAS, a Conditional Use Permit is required to serve alcohol within a bar or tasting facility the Commercial Park (CPK) zone; and, WHEREAS, the proposed project qualifies for a Class 1 Categorical Exemption under the California Environmental Quality Act (CEQA); 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 November 19 2013, studied and considered the Conditional Use Permit 2013-0275, and, ITEM NUMBER: 3 DATE: 11-19-13 NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings of Environmental Exemption. The Planning Commission finds as follows: 1. The proposed project has been determined to be exempt from CEQA based on a Class 1 categorical exemption for the operation, permitting, leasing or minor alteration of existing facility. SECTION 2. Findings for approval of Conditional Use Permit. The Planning Commission finds as follows: 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, 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance); and, 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, 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 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. SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on November 19th 2013, resolved to approve Conditional Use Permit 2013- 0275, subject to the following: EXHIBIT A: Categorical Exemption EXHIBIT B: Conditions of Approval ITEM NUMBER: 3 DATE: 11-19-13 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 _________________________________________ David Bentz Planning Commission Chairperson ATTEST: ___________________________________ Warren Frace Planning Commission Secretary ITEM NUMBER: 3 DATE: 11-19-13 EXHIBIT A: Categorical Exemption PLN 2013-1482 / CUP 2013-0275 3220 El Camino Real ITEM NUMBER: 3 DATE: 11-19-13 EXHIBIT B: Conditions of Approval PLN 2013-1482 / CUP 2013-0275 Conditions of Approval PLN 2013-1482/ Conditional Use Permit 2013-0275 3220 El Camino Real 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 1. Conditional Use Permit 2013-0275 shall be for an alcoholic beverage brewery and tasting facility at parcel 049-214-013 regardless of owner. Ongoing PS 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 prior to the time, 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 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 unless appealed to the City Council. BP PS, CE 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 or business license for the proposed brewery or tasting room use. 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 the subdivision. Ongoing CA 6. Parking shall be provided at a ratio of 1 per patron table, per the requirements of the Atascadero Municipal Code. Ongoing PS 7. Any of the other allowed uses identify as permitted in the Commercial Park zoning district per the Atascadero Municipal Code, would be permitted to operate at this location. Ongoing PS 8. Any proposed project signage shall be consistent with the signage master plan or the existing permitted signage for the surrounding commercial park subdivision. BP PS 9. The existing unpermitted cargo container located within the parking lot shall be removed from the site prior to final of tenant improvements or FI PS/BS ITEM NUMBER: 3 DATE: 11-19-13 Conditions of Approval PLN 2013-1482/ Conditional Use Permit 2013-0275 3220 El Camino Real 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 opening of the new use. 10. A conceptual floor plan has been provided by the applicant for general planning reference and land use purposes only. The interior tenant improvement plans shall conform to the California Building Code requirements in place at time of permit submittal for the new occupancy group, restrooms facility requirements, accessibility, exiting, path of travel, or any other applicable building code requirements. Modifications to the conceptual floor plan may be required to meet Building Codes. Modifications shall not be limited to the 10% staff modification allowance discussed in Condition #3 above. Inclusion of the conceptual floor plan with this conditional use permit does not provide relief from standard Building Codes in place at the time of submittal of tenant improvement permits for the change of occupancy. BP BS 11. A Building permit shall be obtained prior to beginning any demolition or construction work on site BP BS 12. Designated trash storage shall be provided in a screened location Ongoing PS 13. If food preparation is conducted on-site a grease-trap/interceptor shall be installed on-site in compliance with City regulations and policies. BP CE/WW 14. Wastewater quality and quantity from the cider production & bottling shall comply with the City of Atascadero wastewater discharge requirements as defined in Title 7, Chapter 8 of the City Municipal Code. The applicant shall submit a chemical analysis of the waste discharge prepared by a City approved laboratory, such as Fruit Growers Laboratory. The results shall be submitted to the Director of Public Works for review. Should wastewater quality exceed acceptable limits, as determined by the Director, on-site pretreatment of the wastewater shall be required before release into the public wastewater collection system. BP CE/WW 15. The applicant shall submit the estimated peak wastewater discharge volumes associated with the cider production & bottling operations for review by the director of Public Works. Should it be determined that discharge volumes may compromise the City’s wastewater treatment facilities/operation, a discharge schedule may be required, to the satisfaction of the Director of Public Works. BP CE/WW Ata Sta Alfred Erick  Co C SUB The at C prop Deve Cond REC Staff 1 tascad aff Repor do R. Castillo k Serrano, Pla onditiona onditiona Conditio BJECT: proposed p Chalk Moun osed proje elopment (P ditional Use COMMEN f Recomme . Planning amendm at the ex with oth consisten findings a dero P rt - Com o, AICP, Ass anning Intern l Use Per 9 (Trici al Use Pe 9 (Trici nal Use P 9 (Jennife projects con ntain for A ct is zoned PD-7) overl e Permit for NDATION: ends: g Commiss ments to Co xisting telec er telecom nt with Pl and conditi Plannin mmunity sistant Plann n, 470-3470, PLN rmit Ame 575 Vista ia Knight PLN ermit Ame 550 Vista ia Knight PLN Permit Am Comm 230 Vista er Hightow nsist of upg AT&T Wire d as Reside lay. The At r cellular fac : ion adopt onditional U communica mmunication anning Co ons of appr ng Co Develop ner, 470-3436 eserrano@a 2013-147 endment # a Bonita A t/Michael 2099-075 endment a Bonita A t/Michael 2099-000 mendmen municatio a Bonita A wer/Mich grades to ex eless, Veri ential Single tascadero M cilities. Draft PC Use Permit tions facility n facilities ommission roval; ommis pment D 6, acastillo@a atascadero.o 79 #2000-00 Avenue Frederic 54 t #2001-00 Avenue Frederic 08 nt #2000- ons Avenue hael Frede xisting co-lo izon Wirel e Family (R Municipal C Resolution 2000-0009 y at 9230 V at the Ch resolution ITE DA ssion Departm atascadero.o org 019 – Spri ck) 028 – AT ck) -0009 – Ve erick) ocated cellu ess, and RSF-Y) with Code (AMC 2013-0030 9 allowing Vista Bonita halk Moun 1998-005 EM NUMBER ATE: ment org int Corp. &T, Inc. erizon ular facilitie Sprint. Th h a Planne C) requires 0 approvin modificatio a co-locate tain Facilit 5 based o R: 4 11-19-1 es he ed a ng on ed ty on 3 2. The Planning Commission adopt Draft PC Resolution 2013-0031 approving amendments to Conditional Use Permit 2001-0028 allowing modification at the existing telecommunications facility at 9550 Vista Bonita co-located with other telecommunication facilities at the Chalk Mountain Facility consistent with Planning Commission resolution 1998- 005 based on findings and conditions of approval; 3. Planning Commission adopt Draft PC Resolution 2013-0032 approving amendments to Conditional Use Permit 2000-0019 allowing modification at the existing telecommunications facility at 9575 Vista Bonita co-located with other telecommunication facilities at the Chalk Mountain Facility consistent with Planning Commission resolution 1998-005 based on findings and conditions of approval; Situation and Facts 1. Applicant(s): Tricia Knight (AT&T and Sprint) 123 Seacliff Dr. Pismo Beach, CA 93449 Jennifer Hightower (Verizon Wireless) 5351 B St. Sacramento, CA 95819 2. Property Owner: Michael Frederick, PO Box 573, Atascadero CA 93423 3. Project Address: 9550 Vista Bonita Avenue, Atascadero, CA 93422 APN# 030-441-023 9575 Vista Bonita Avenue, Atascadero, CA 93422 APN# 030-441-023 9230 Vista Bonita Avenue, Atascadero, CA 93422 APN# 030-441-023 4. General Plan Designation: Single Family Residential (SFR-Y) 5. Zoning District: Residential Single Family (RSF-Y) 6. Site Area: 1.87 acres 7. Existing Use: Co-located cellular communications facility 8. Environmental Status: Consistent with previously Certified Mitigated Negative Declaration 2000-016 and 2001-018 DISCUSSION: Surrounding Land Use and Setting: North: Single Family Residential (SFR-Y) South: Single Family Residential (SFR-Y/SFR-Z) East: Single Family Residential (SFR-Z) West: Single Family Residential (SFR-Y) Project Site APN#030-441-023 Background On March 17, 1998 the Planning Commission adopted Resolution No. 1998-005 thereby approving the co-location of cellular facilities on the southwesterly face of Chalk Mountain (9230 Vista Bonita). The approval of the resolution allows an undetermined number of cellular carriers to locate their facilities on the site provided the following: “Additional facilities are also designed in such a manner that avoids excessive visibility.” In July 2000, the Planning Commission approved cellular towers for GTE wireless (now Verizon Communications) and another cellular provider. In August 2001, the Planning Commission approved additional cellular towers for AT&T and Sprint. Since the initial approvals, these communication companies have upgraded their equipment either through building permits if no additional equipment is added or if antenna heights remain consistent with previously approved CUPs or through CUP amendments to keep up with ever changing technologies in wireless communications. The image below displays the current configuration of the cellular towers on Chalk Mountain. Existing Cellular Towers ANALYSIS: The proposed project consists of three (3) applications for amendments to previously approved Conditional Use Permits to allow upgrades and expansion of existing cellular facilities at the Chalk Mountain site. Applicants are proposing amendments to the following CUPs: CUP Number Former Applicant Current Provider / Applicant CUP 2000-0009 GTE Wireless Verizon Communications CUP 2000-0019 Sprint PCS Sprint Corp. CUP 2001-0028 AT&T Mobility AT&T, Inc. Project Site: The site is on the east side of the Highway 101 corridor, located on Chalk Mountain above the intersection of Santa Rosa Road and El Camino Real near Chalk Mountain Golf Course. There are currently 13 cellular towers leased by telecommunication companies include Sprint, Verizon, AT&T, T-Mobile and others. There is a level pad on the lot that is used to accommodate above ground facilities necessary for housing the required components for the cellular systems. The pad is approximately 1200’ x 600’ and is accessed by an existing paved driveway. As part of the previously approved Conditional Use Permits, the project area consists of a landscaping plan made to shield the view of the telecommunication towers. The site is surrounded by single-family residential uses, including an unfinished residential subdivision known as “Spanish Ridge” that is currently in the City’s Dormant Permit program Existing Cellular Towers as seen from El Camino Real Verizon Wireless Project Summary: Verizon Wireless proposes installation of a new 132-gallon diesel tank standby generator on a 6’x12’ concrete pad within a proposed new 10’x’16’ lease area. This portion of the project requires the following:  Trenching for conduits;  Installation of a 9-foot retaining wall; and  Installation of an 8-foot high chain link fence with vinyl slats (Reference Figure 1: Verizon Wireless). The existing Verizon Wireless monopole will have three (3) panel antennas removed and replaced with new three (3) upgraded panel antennas; three (3) Remote Radio Units (RRUs), and three (3) new Tower Mounted Amplifiers (TMA) units on the existing monopole. Additionally, the project requires upgrades to the existing equipment shelter including the installation of a new four-inch underground conduit. Sprint Project Summary: Sprint proposes removal of the existing telecommunication tower and replacing it with a new pipe taller tower. Sprint will be removing the three (3) existing panel antennas and upgrading these with three (3) new panel antennas as illustrated in Figure 3. Proposed Verizon Upgrade The proposed new tower will increases the height of the previously approved communication towers from 15-feet to 16-feet. The applicant proposes be removing and replacing two cabinets. In addition, the applicant is requesting replacement of an existing GPS antenna with an upgraded GPS antenna. A Fiber/power distribution panel are proposed to be mounted on an existing block wall that will have connections to a proposed conduit, and proposed hybrid cables from the cell towers. AT&T Project Summary: AT&T is proposing the installation of three (3) new stub mount poles. The three new stub mount poles will be connected to an existing stub mount pole via a uni- trust as shown on below. The applicant proposes removal and replacement of two (2) panel antennas. A total of twelve (12) new panel antennas will be mounted to new and existing mount poles. The original Conditional Use Permit allowed for AT&T to install two monopoles with a total of six (6) antennas. Consistent with Planning Commission adopted Resolution No. 1998-005, facilities are to be designed in such a manner Proposed Additional Sprint Tower Height Proposed At&t Uni-trust Structure Applicant Photo Simulation that minimizes excessive visibility. Staff is recommending that the Planning Commission condition the project to be redesigned as individual monopoles versus the applicant’s proposed uni-trust configuration for consistency with previous resolutions and the certified mitigated negative declaration. The proposed new antennas will be connected to proposed new cabinets via the installation of new underground conduits for fiber, coaxial, and power cables. At the existing 22’ x 20’10” AT&T lease area, the applicant proposes the establishment of a concrete slab measuring 17’x4’6” as shown in Figure 8: AT&T Equipment Plan. The applicant proposes unistrut rack with nine (9) UMTS RRU’s on the concrete slab. There is a proposed ice bridge which will have six (6) diplexers will be mounted to the structure. The applicant proposes two cabinets to be mounted on the proposed concrete slab. Additionally, the applicant proposes an AT&T cable bridge to act as a contributor to surrounding sites. Finally, the applicant will decommission the existing SBL 18 site in the project area. Landscaping: In the original approval of CUP 2000-0019 (Sprint) and CUP 2001-0028 (AT&T), Conditions of Approval (COA) were placed on the project that required the applicants provide landscaping in the project area. A landscaping plan was provided in the approval process that provided coverage of the project area including cell towers and cabinets. The landscaping was a requirement to help reduce visual impacts that were identified in the certified mitigated negative declarations. Staff visited the project site to determine the status of the landscaping. Based on the site visit, Staff has determined that the planted vegetation had not been maintained. In some instances, particularly vegetation planted on the hillside near the proposed At&t modifications, the landscape has died due to lack of water. In other instances, the landscaping had stay alive, especially for vegetation that was planted downslope. The site contains a water tank and hoses to maintain landscaping, but the water tank contains no water and hoses are in poor condition. As part of the approval for the project, Staff has provided a condition that requires that the applicant enter into an agreement with a landscape professional for the maintenance of the previously adopted landscape plan. Additionally, Staff is to receive a copy of the agreement prior to the issuance of any building permits. This will ensure implementation of previously approved conditions and the certified mitigated negative declaration. A final condition has been added to replace dead and dying plants that were previously installed. General Plan Consistency: The proposed project is consistent with the following General Plan Land Use Element Goals and Policies: Goal LOC 13: Provide a sound economic base to sustain the City’s unique character by establishing a range of employment and business opportunities and generate sufficient revenue to support adequate levels of public services, and environment, social and educational quality. Goal LOC 13: Retain and expand existing businesses and attract new business to improve the availability of goods and services. Policy 14.1: Encourage existing uses to continue providing needed products and services. Conditional Use Permit Findings: The Conditional Use Permit process provides the opportunity for the public and the Planning Commission to review the specifics of land use proposals, such as Existing Landscape Conditions the appropriateness of use, architectural design, site design, landscape, signage, and specific standards of the Zoning Ordinance. The Planning Commission must make the following five findings in order to approve a CUP for an indoor recreation use within the commercial retail zone: 1. The proposed project or use is consistent with the General Plan, as well as the City’s Appearance Review Manual and pertinent City policy or criteria adopted by ordinance or resolution of the City Council. Staff Comment: The cellular facility use at this location is consistent with the General Plan land use designation through Resolution No. 1998-005 that allowed cellular facilities on Chalk Mountain. 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). Staff Comment: 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. Staff Comment: 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. The proposed project or use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development. Staff Comment: Previous Planning Commission resolutions allowed for co- located wireless facilities at the Chalk Mountain site. As a part of this resolution, the City requires that they be constructed in a manner that they avoid excessive visibility. Staff has conditioned the project so that monopole towers be utilized instead of the proposed structures to reduce visibility of the proposed tower additions. 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. Staff Comment: 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. ENVIRONMENTAL DETERMINATION: The proposed project is consistent with the previously adopted Certified Mitigated Negative Declaration 2001-018 and 2000-016. CONCLUSION: The applicants have submitted amendments to CUP 2001-0028, CUP 2000-0019 and CUP 2000-0009 in a Residential Single Family (RSF) zone. The applicant proposes to modify and add additional antennas to expand cellular service in the area. The Conditional Use Permit process is required in the Municipal Code for the development of cellular facilities. If approved by the Planning Commission, the Conditional Use Permit amendments will expand the existing cellular facilities. Based on the above analysis and incorporated conditions, staff believes that the findings for approval of the CUP can be made. ALTERNATIVES: 1. The Commission may include modifications to the project and/or conditions of approval for the project. 2. The 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 that is required and move to continue the item to a future date. 3. The Commission may deny the project. The Commission must specify the reasons for denial of the project and make an associated finding with such action. ATTACHMENTS: Attachment 1: Location Map, General Plan, and Zoning Attachment 2: Existing Site Photos Attachment 3: Verizon Wireless Antenna Elevations Attachment 4: Sprint Antenna Elevations Attachment 5: AT&T Antenna Elevations Attachment 6: Certified Mitigated Negative Declarations Attachment 7: Draft Resolution PC 2013-0030 (Verizon) Attachment 8: Draft Resolution PC 2013-0031 (At&t) Attachment 9: Draft Resolution PC 2013-0032 (Sprint) ATTACHMENT 1: Location Map, General Plan and Zoning Zoning: Residential Single Family (RSF-Y) General Plan Designation: Single Family Residential (SFR-Y) Project Site APN#030-441-023 ATTACHMENT 2: Existing Site Photos Existing Cabinets at the Cellular Site with Antennas in the Background Existing Cellular Antennas Existing Landscape Conditions near Antennas View of Existing Facilities from El Camino Real ATTACHMENT 3: Verizon Wireless Antenna Elevations ATTACHMENT 4: Sprint Antenna Elevations ATTACHMENT 5: AT&T Antenna Elevations ATTACHMENT 6: Certified Mitigated Negative Declarations 2000-016 / 2001-018 Please see the following attachment ATTACHMENT 7: Draft Resolution PC 2013-0030 (Verizon) DRAFT RESOLUTION PC 2013-0030 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING CONDITIONAL USE PERMIT AMENDMENT 2000-0009 TO ALLOW UPDATES AND EXPANSION OF EXISTING CELLULAR FACILITIES FOR VERIZON COMMUNICATIONS IN THE RESIDENTIAL SINGLE FAMILY ZONE AT APN 030-441-023 (9230 VISTA BONITA AVENUE / JENNIFER HIGHTOWER(VERIZON COMMUNICATIONS) / MICHAEL FREDERICK) WHEREAS, an application has been received from Applicant, Jennifer Hightower (5351 B St. Sacramento, CA 95819) in care of Verizon Communications, and Property Owner Michael Frederick (P.O. Box 573 Atascadero, CA 93423) to consider an amendment to Conditional Use Permit (CUP 2000-0009) to update existing cellular facilities at 9230 Vista Bonita Avenue; and, WHEREAS, the site’s General Plan Designation is Single Family Residential (SFR-Y); and, WHEREAS, the site’s Zoning is Residential Single Family (RSF-Y); and, WHEREAS, a Conditional Use Permit is required to for any cellular facilities in the City of Atascadero; and, WHEREAS, the proposed project is consistent with the previously approved Mitigated Negative Declaration; 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 November 19 2013, studied and considered the Amendment to Conditional Use Permit 2000-0009 and, NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings of Environmental Exemption. The Planning Commission finds as follows: 1. The proposed project has been determined to be consistent with certified mitigated negative declaration 2000-016 and the mitigation measures shall be enforced as a part of the building permit process. SECTION 2. Findings for approval of Conditional Use Permit. The Planning Commission finds as follows: 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, 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance); and, 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, 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 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. SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on November 19, 2013 resolved to approve the amended Conditional Use Permit 2000-0009 subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Previously Adopted Landscape Plan EXHIBIT C: Overall Site Plan EXHIBIT D: Proposed Elevations 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: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA ______________________________ Planning Commission Chairperson David Bentz Attest: ______________________________ Warren M. Frace Planning Commission Secretary EXHIBIT A: Conditions of Approval PLN 2099-0008 / Conditional Use Permit Amendment 2000-0009 Conditions of Approval / Mitigation Monitoring Program CUP 2000-0019 9230 Vista Bonita Chalk Mountain Telecommunication Site 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 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) 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 applicant has received a building permit or applied for an extension of entitlement. BP PS 3. 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 Project Conditions 4. All site design, landscaping, antenna / shelter placement, site fencing, exterior elevations, finish materials and colors shall be consistent with Exhibit B through Exhibit F. BP/FO PS 5. The 3-foot tall landscape berm shall be continued along the perimeter of the equipment pad as shown on Exhibit E. BP/ Landscape Plan PS 1.C. 6. The existing Verizon cabinet shall be painted with a camouflage pattern to minimize the existing impacts of the structure and to maintain consistency with the new applications FO PS 1.C. 7. The above ground shelters shall be inset two feet into the hill and pit set 2-3 feet to minimize the visual impacts of the cabinets as shown on Exhibit D. BP PS 1.C. 8. The access drive shall be gated at the top of the hill and RF Radiation Warning sign shall be posted on the gate and in a FO PS 7.C. Conditions of Approval / Mitigation Monitoring Program CUP 2000-0019 9230 Vista Bonita Chalk Mountain Telecommunication Site 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 visible location near the equipment area. 9. The City of Atascadero shall be allowed reasonable access to the site and shall be allowed use of the site for the purposes of installing, operating and maintaining telecommunications equipment. Ongoing 10. No exterior lighting shall be installed on any structures BP PS 11. Air conditioning units and controls shall be maintained to insure proper operation and prevent excessive high speed operation and the air conditioning units shall be equipped with the Bard Compressor Sound Cover 8002-0005 described on the noise analysis information provided for the project. BP PS 12. All chain link fencing on the site shall be treated with an earth tone coating without slats. FO PS 13. Any perimeter fencing required by the RF study shall be an agricultural style t-bar fence with metal barbed wire. BP/FO PS 14. Prior to the final inspection the applicant shall submit written verification from a licensed land surveyor or a registered civil engineer that the elevation of the top of the monopoles is at or below the 1223-foot topographical elevation and provide staff with an elvation showing the final pole height consistent with Exhibit D.. FO PS 15. A landscaping plan is required at building permit submittal show drought tolerant species as shown in Exhibit B. BP PS 16. Prior to issuance of building permit for additional antennas, applicant must provide a signed landscaping maintenance contract showing a minimum of 60-day visit and include refill of on-site water tanks. BP PS 17. 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. BP PS City Engineer Conditions 18. The applicant shall enter into a Plan Check/Inspection agreement with the City of Atascadero. BP CE 19. The applicant shall be responsible for the relocation and/or alteration of existing utilities. BP CE Conditions of Approval / Mitigation Monitoring Program CUP 2000-0019 9230 Vista Bonita Chalk Mountain Telecommunication Site 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 20. Prior to the issuance of building permits the applicant shall submit a grading and drainage plan prepared by a registered civil engineer for review and approval by the City Engineer. BP CE 21. Prior to the final inspection, the applicant shall submit a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans and the uniform Building Code (UBC) California Building Code prior to the final inspection. FO CE 22. The existing driveway shall be reconstructed to meet City Standards prior to the issuance of a building permit for the cellular facilities. An engineered grading and drainage plan will be required to be approved for the reconstruction of the driveway. BP CE EXHIBIT C: Previosly Approved Landscape Plan PLN 2099-0008 / Conditional Use Permit Amendment 2000-0009 EXHIBIT D: Overall Site Plan PLN 2099-0008 / Conditional Use Permit Amendment 2000-0009 EXHIBIT E: Proposed Elevations PLN 2099-0008 / Conditional Use Permit Amendment 2000-0009 ATTACHMENT 8: Draft Resolution PC 2013-0031 (At&t) DRAFT RESOLUTION PC 2013-0031 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING CONDITIONAL USE PERMIT AMENDMENT 2001-0028 TO ALLOW MODIFICATION AND EXPANSION OF EXISTING CELLULAR FACILITIES FOR AT&T, INC. IN THE RESIDENTIAL SINGLE FAMILY ZONE AT APN 030-441-023 (9550 VISTA BONITA AVENUE / TRICIA KNIGHT / MICHAEL FREDERICK) WHEREAS, an application has been received from Applicant, Tricia Knight (234 Seacliff Dr. Pismo Beach, CA 93449) in care of AT&T, Inc., and Property Owner, Michael Frederick (P.O. Box 573 Atascadero, CA 93423) to consider an amendment to Conditional Use Permit (CUP 2001-0028) to update existing cellular facilities at 9550 Vista Bonita Avenue; and, WHEREAS, the site’s General Plan Designation is Single Family Residential (SFR-Y); and, WHEREAS, the site’s Zoning is Residential Single Family (RSF-Y); and, WHEREAS, a Conditional Use Permit is required to for any cellular facilities in the City of Atascadero; and, WHEREAS, the proposed project is consistent with the previously approved Mitigated Negative Declaration; 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 November 19 2013, studied and considered the Amendment to Conditional Use Permit 2001-0028, and, NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings of Environmental Exemption. The Planning Commission finds as follows: 1. The proposed project has been determined to be consistent with certified mitigated negative declaration 2001-019 and the mitigation measures shall be enforced as a part of the building permit process. SECTION 2. Findings for approval of Conditional Use Permit. The Planning Commission finds as follows: 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, 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance); and, 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, 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 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. SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on November 19, 2013 resolved to approve the amended Conditional Use Permit 2001-0028 subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Previously Adopted Landscape Plan EXHIBIT C: Equipment and Antenna Plans EXHIBIT D: Existing and Proposed Elevations 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: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA ______________________________ Planning Commission Chairperson David Bentz Attest: ______________________________ Warren M. Frace Planning Commission Secretary EXHIBIT B: Conditions of Approval PLN 2099-0754/ Conditional Use Permit Amendment 2001-0028 Conditions of Approval / Mitigation Monitoring Program CUP 2001-0028 / 9550 Vista Bonita Chalk Mountain Telecommunication Site 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 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)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 applicant has received a building permit or applied for an extension of entitlement. BP PS 3. 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 Project Conditions 4. All site design, landscaping, antenna / shelter placement, site fencing, exterior elevations, finish materials and colors shall be consistent with Exhibit B through Exhibit F. BP/FO PS 5. The 3-foot tall landscape berm shall be continued along the perimeter of the equipment pad as shown on Exhibit E. BP/ Landscape Plan PS 1.C. 6. The existing Verizon cabinet shall be painted with a camouflage pattern to minimize the existing impacts of the structure and to maintain consistency with the new applications FO PS 1.C. 7. The above ground shelters shall be inset two feet into the hill and pit set 2-3 feet to minimize the visual impacts of the cabinets as shown on Exhibit D. BP PS 1.C. 8. The access drive shall be gated at the top of the hill and RF Radiation Warning sign shall be posted on the gate and in a FO PS 7.C. Conditions of Approval / Mitigation Monitoring Program CUP 2001-0028 / 9550 Vista Bonita Chalk Mountain Telecommunication Site 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 visible location near the equipment area. 9. The City of Atascadero shall be allowed reasonable access to the site and shall be allowed use of the site for the purposes of installing, operating and maintaining telecommunications equipment. Ongoing 10. No exterior lighting shall be installed on any structures BP PS 11. Air conditioning units and controls shall be maintained to insure proper operation and prevent excessive high speed operation and the air conditioning units shall be equipped with the Bard Compressor Sound Cover 8002-0005 described on the noise analysis information provided for the project. BP PS 12. All chain link fencing on the site shall be treated with an earth tone coating without slats. FO PS 13. Any perimeter fencing required by the RF study shall be an agricultural style t-bar fence with metal barbed wire. BP/FO PS 14. Prior to the final inspection the applicant shall submit written verification from a licensed land surveyor or a registered civil engineer that the elevation of the top of the monopoles is at or below the 1223-foot topographical elevation. FO PS 15. Proposed additional antennas shall be monopoles, and not exceed the 1223-foot topographical elevation. Antennas must include camouflage sock or other type of color added to blend in with surrounding vegetation. BP / FO PS 15.16. A landscaping plan is required at building permit submittal show drought tolerant species as shown in Exhibit B. BP PS 16.17. Prior to issuance of building permit for additional antennas, applicant must provide a signed landscaping maintenance contract showing a minimum of 60-day visit and include refill of on-site water tanks for irrigation. BP PS 17.18. 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 BP PS City Engineer Conditions 18.19. The applicant shall enter into a Plan Check/Inspection agreement with the City of Atascadero. BP CE Conditions of Approval / Mitigation Monitoring Program CUP 2001-0028 / 9550 Vista Bonita Chalk Mountain Telecommunication Site 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 19.20. The applicant shall be responsible for the relocation and/or alteration of existing utilities. BP CE 20.21. Prior to the issuance of building permits the applicant shall submit a grading and drainage plan prepared by a registered civil engineer for review and approval by the City Engineer. BP CE 21.22. Prior to the final inspection, the applicant shall submit a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans and the uniform Building Code (UBC) prior to the final inspection. FO CE 22.23. The existing driveway shall be reconstructed to meet City Standards prior to the issuance of a building permit for the cellular facilities. An engineered grading and drainage plan will be required to be approved for the reconstruction of the driveway. BP CE EXHIBIT C: Previosly Approved Landscape Plan PLN 2099-0754/ Conditional Use Permit Amendment 2001-0028 EXHIBIT D: EQUIPMENT AND ANTENNA PLANS PLN 2099-0754/ Conditional Use Permit Amendment 2000-0019 EXHIB BIT E: Ex PL Propos xisting and Pro LN 2099-0754 sed new an oposed Eleva / Conditional ntennas to ations Use Permit A be monopo Amendment 20 oles 001-0028 ATTACHMENT 9: Draft Resolution PC 2013-0032 DRAFT RESOLUTION PC 2013-0032 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING CONDITIONAL USE PERMIT AMENDMENT 2000-0019 TO ALLOW MODIFICATIONS AND EXPANSION OF EXISTING CELLULAR FACILITIES FOR SPRINT CORP., INC. IN THE RESIDENTIAL SINGLE FAMILY ZONE AT APN 030-441-023 (9575 VISTA BONITA AVENUE / TRICIA KNIGHT / MICHAEL FREDERICK) WHEREAS, an application has been received from Applicant, Tricia Knight (234 Seacliff Dr. Pismo Beach, CA 93449) in care of Sprint Corp., and Property Owner, Michael Frederick (P.O. Box 573 Atascadero, CA 93423) to consider an amendment to Conditional Use Permit (CUP 2000-0019) to update existing cellular facilities at 9575 Vista Bonita Avenue; and, WHEREAS, the site’s General Plan Designation is Single Family Residential (SFR-Y); and, WHEREAS, the site’s Zoning is Residential Single Family (RSF-Y); and, WHEREAS, a Conditional Use Permit is required to for any cellular facilities in the City of Atascadero; and, WHEREAS, the proposed project is consistent with the previously approved Mitigated Negative Declaration; 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 November 19 2013, studied and considered the Amendment to Conditional Use Permit 2000-0019 and, NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings of Environmental Exemption. The Planning Commission finds as follows: 1. The proposed project has been determined to be consistent with certified mitigated negative declaration 2001-019 and the mitigation measures shall be enforced as a part of the building permit process. SECTION 2. Findings for approval of Conditional Use Permit. The Planning Commission finds as follows: 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, 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance); and, 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, 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 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. SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on November 19, 2013 resolved to approve the amended Conditional Use Permit 2000-019 subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Previously Adopted Landscape Plan EXHIBIT C: Overall Site Plan EXHIBIT D Proposed Elevations 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: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA ______________________________ Planning Commission Chairperson David Bentz Attest: ______________________________ Warren M. Frace Planning Commission Secretary EXHIBIT A: Conditions of Approval PLN 2013-1479/ Conditional Use Permit Amendment 2000-0019 Conditions of Approval / Mitigation Monitoring Program CUP 2000-0019 / 9575 Vista Bonita Chalk Mountain Telecommunication Site 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 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 twenty –four (24)elve (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 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 Project Conditions 4. All site design, landscaping, antenna / shelter placement, site fencing, exterior elevations, finish materials and colors shall be consistent with Exhibit B through Exhibit F. BP/FO PS 5. The 3-foot tall landscape berm shall be continued along the perimeter of the equipment pad as shown on Exhibit E. BP/ Landscape Plan PS 1.C. 6. The existing Verizon cabinet shall be painted with a camouflage pattern to minimize the existing impacts of the structure and to maintain consistency with the new applications FO PS 1.C. 7. The above ground shelters shall be inset two feet into the hill and pit set 2-3 feet to minimize the visual impacts of the cabinets as shown on Exhibit D. BP PS 1.C. 8. The access drive shall be gated at the top of the hill and RF Radiation Warning sign shall be posted on the gate and in a FO PS 7.C. Conditions of Approval / Mitigation Monitoring Program CUP 2000-0019 / 9575 Vista Bonita Chalk Mountain Telecommunication Site 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 visible location near the equipment area. 9. The City of Atascadero shall be allowed reasonable access to the site and shall be allowed use of the site for the purposes of installing, operating and maintaining telecommunications equipment. Ongoing 10. No exterior lighting shall be installed on any structures BP PS 11. Air conditioning units and controls shall be maintained to insure proper operation and prevent excessive high speed operation and the air conditioning units shall be equipped with the Bard Compressor Sound Cover 8002-0005 described on the noise analysis information provided for the project. BP PS 12. All chain link fencing on the site shall be treated with an earth tone coating without slats. FO PS 13. Any perimeter fencing required by the RF study shall be an agricultural style t-bar fence with metal barbed wire. BP/FO PS 14. Prior to the final inspection the applicant shall submit written verification from a licensed land surveyor or a registered civil engineer that the elevation of the top of the monopoles is at or below the 1223-foot topographical elevation and must be consistent with monopole heights that are shown in Exhibit E.. FO PS 15. A landscaping plan is required at building permit submittal show drought tolerant species as shown in Exhibit B. BP PS 16. Prior to issuance of building permit for additional antennas, applicant must provide a signed landscaping maintenance contract showing a minimum of 60-day visit and include re-fill of on-site irrigation tanks. BP PS 15.17. 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 BP PS City Engineer Conditions 16.18. The applicant shall enter into a Plan Check/Inspection agreement with the City of Atascadero. BP CE 17.19. The applicant shall be responsible for the relocation and/or alteration of existing utilities. BP CE Conditions of Approval / Mitigation Monitoring Program CUP 2000-0019 / 9575 Vista Bonita Chalk Mountain Telecommunication Site 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 18.20. Prior to the issuance of building permits the applicant shall submit a grading and drainage plan prepared by a registered civil engineer for review and approval by the City Engineer. BP CE 19.21. Prior to the final inspection, the applicant shall submit a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans and the uniform Building Code (UBC) prior to the final inspection. FO CE 20.22. The existing driveway shall be reconstructed to meet City Standards prior to the issuance of a building permit for the cellular facilities. An engineered grading and drainage plan will be required to be approved for the reconstruction of the driveway. BP CE EXHIBIT C: Previosly Approved Landscape Plan PLN 2013-1479/ Conditional Use Permit Amendment 2000-0019 EXHIBIT D: Overall Site Plan PLN 2013-1479/ Conditional Use Permit Amendment 2000-0019 EXHIBIT E: Proposed Elevations PLN 2013-1479/ Conditional Use Permit Amendment 2000-0019 ITEM NUMBER: 5 DATE: 11-19-13 Atascadero Planning Commission Staff Report – Community Development Department Warren Frace, 470-3488, wfrace@atascadero.org PLN 2008-1314 Dove Creek Commercial Center Amendment to Condition #10 Santa Barbara Road & El Camino Real (Fortune Companies) SUBJECT: The proposed project consists of an amendment to condition #10 of the Dove Creek Commercial Center Master Plan of Development. RECOMMENDATION: Staff Recommends: Adopt Resolution PC 2013-0033 recommending that the City Council approve an amendment to Condition #10 of CUP 2003-0099 related to the Commercial Center Master Plan of Development and based on findings. SITUATION AND FACTS: 1. Applicant / Representative: Ben Efraim, Fortune Companies, 5423 Village Road, Suite 200, Long Beach, CA 90808 2. Project Address: Northwest Corner of El Camino Real & Santa Barbara Road (San Luis Obispo County) APN 045-331-014 3. General Plan Designation: (MU) Mixed Use 4. Zoning District: (CR) Commercial Retail / (PD-12) Planned Development #12 5. Site Area: 5.2 acres 6. Existing Use: Vacant Commercial Pads 7. Environmental Status: Certified Mitigated Negative Declaration 2004-0026 DISCU Backgro On Sept consists single-fa Camino Develop the proje finished Partners Since th imposed of the ce to the C that the been de USSION: ound tember 14, s of 279 res amily) and Real and S pment that s ect in bankr by Coron s LLC. he entire d a conditio enter. Con ity for the p commercia eveloped. 2004, the C sidential un a 60,000 s Santa Barb sold the pro ruptcy durin a Land Co 2004 site had b on on the D dition #10 r portion of tim al property City Counc nits (attache square-foot bara Road. oject to Ce ng the rece ompany. T 4 Dove Cre been desig Dove Creek required the me that the y be deede cil approved ed multi-fam commercia The proje entex Home ssion and t The comme eek Master gnated for Commerci e applicant e commerci d to the C ITEM N DATE: d the Dove mily, courty al center lo ect was orig es after app the project ercial site Plan commercia ial Center t t pay the es ial center re City if in 10- NUMBER: Creek deve yard homes ocated on t ginally entit proval. Cen was acquir is owned al develop to incentiviz stimated sa emained un -years the 5 11-19 elopment w s, and sma the corner tled by Berm ntex Homes red and is b by Atasca pment, the ze developm ales tax reve ndeveloped center had 9-13 which all lot of El mant s lost being adero City ment enue d and d not C P be 1, th C sq If ap sh co C In 2008, Plan Am Amendm would h not fina Supply M CUP condition rior to map re earing accoun , 2006, the Cit hrough July 1, City shall withd quare feet, the a building pe pplicant shall hall be record ommercial sit City Attorney. , PMB Dev mendment t ment was a ave met th nce the pro Master Plan n 10: ecordation, the nt. If a building ty shall withdr 2015, a build draw $40,000. e remaining ba ermit has not convey the c ded concurre e, subject to elopment o to build the approved by he requirem oject and t n remains t 2009 e applicant sh g permit for a raw $40,000 fr ding permit ha At such time alance shall be been issued commercial s nt with map review and a optioned the center wit y the Coun ments of Co the project he approve Commerc hall deposit $4 minimum of 4 rom the accou s not been iss e that the build e refunded to t for a minimum ite to the City recordation t approval by th e commerc h Tractor S ncil in Marc ondition 10 did not m ed project fo ial Center ITEM N DATE: 400,000 to the 45,000 square unt. If, in each sued for a min ding permit is the applicant. m of 45,000 s y. A memora that assures he Community cial property Supply Hard ch 2009. T 0, but ultima move forwar or the site. Master Pla NUMBER: e City to be p feet has not b successive y nimum of 45,0 issued for a square feet b ndum of optio the City that y Developme y and proce dware as th The Tractor ately, the d rd. Howev an 5 11-19 placed in an in been issued b year on July 1, 000 square fee minimum of 4 by July 1, 201 on or deed o it can acquir nt Departmen essed a Ma he anchor. r Supply pr developer c ver, the Tra 9-13 nterest by July , 2007 et, the 45,000 6, the f trust re the nt and aster This roject could actor ITEM NUMBER: 5 DATE: 11-19-13 Analysis After four years of inaction on the commercial parcel there is a new potential buyer/developer for the commercial parcel. Ben Efraim of Fortune Companies, LLC has the property in escrow and would like to purchase the property and pay the back taxes if changes can be made to Condition #10. Mr. Efraim raised his project issues at the City Council’s September 24, 2013 review of Economic Hot Spots. The Council added the Dove Creek Commercial parcel to the Economic Development Hot Spot list and directed staff to work with the applicant to bring the project conditions to the Design Review Committee (DRC) for review. In addition, according to the County Tax Assessor, Atascadero Partners LLC has not been paying the property taxes and over $300,000 in back taxes are owed on the property. If the taxes are not paid in early 2014, the property will be sold at a tax auction next year. Mr. Efraim’s amendment request (see Attachment 3) was reviewed by the DRC on October 23, 2013. The DRC was supportive of the request and is recommending the Planning Commission approve the proposed change to Condition #10. Due to the complex legal nature of Condition #10, the City Attorney has reviewed the request and is recommending the following language be incorporated into the amendment of Condition #10: Proposed Condition #10 amendment: The following condition amends Condition #10 of the original Dove Creek Master Plan of Development. a. Prior to map recordation, the applicant shall deposit $400,000 to the City to be placed in an interest bearing account. If a building permit for a minimum of 45,000 square feet has not been issued by July 1, 2006, the City shall withdraw $40,000 from the account. If, in each successive year on July 1, 2007 through July 1, 2015, a building permit has not been issued for a minimum of 45,000 square feet, the City shall withdraw $40,000. At such time that the building permit is issued for a minimum of 45,000 square feet, the remaining balance shall be refunded to the applicant. Upon withdrawal of the full $400,000 plus accrued interest, or in the alternative the refund of any balance to the applicant, this subdivision (a) shall be deemed to be fulfilled and no additional deposits into the account shall be sought by the City or made by the applicant. b. Prior to the City issuing any building permits to the applicant or the applicant's successors or assigns, an "Agreement to Terminate Memorandum of Development Condition" shall be executed by the applicant and the City and recorded against all parcels subject to this Condition 10. The subject agreement shall include, but not be limited to, provisions authorizing the City to draw down immediately any funds remaining in the account set up pursuant to subdivision (a) and releasing the City's right to take the parcels subject to this ITEM NUMBER: 5 DATE: 11-19-13 Condition as set forth in the existing Memorandum of Development Condition recorded against the parcels. If a building permit has not been issued for a minimum of 45,000 square feet by July 1, 2016, the applicant shall convey the commercial site to the City. A memorandum of option or deed of trust shall be recorded concurrent with map recordation that assures the City that it can acquire the commercial site, subject to review and approval by the Community Development Department and City Attorney. c. The commercial parcel may be subdivided into additional lots provided adequate access and parking easements are recorded consistent with the Master Plan of Development In addition to the Condition of Approval, there is a Memorandum of Development Conditions that has been recorded against the parcel. The amendment to Condition 10 will create a mechanism for this Memorandum to be terminated. The 2009 architectural elevations and site plan will remain in full effect. Staff and the City Attorney have collaborated on the proposed changes and are recommending the Planning Commission approve the requested amendment. Proposed Environmental Determination The proposed amendments to the Commercial Center are consistent with the previously certified Mitigated Negative Declaration for the Dove Creek development. CONCLUSION The City Council has identified the Dove Creek Commercial site as an Economic Development Hot Spot that should be prioritized for commercial development. Condition #10 requires the parcel to be transferred to the City in 2016, which creates a significant disincentive for anyone to purchase the property. The proposed amendments to condition #10 of the Dove Creek Commercial Center will enhance the likelihood that the commercial parcel will be purchased and developed when there is an economic demand for the shopping center. ALTERNATIVES 1. The Commission may recommend modifications to Condition #10 to the City Council. 2. The Commission may determine that more information is required and 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 and move to continue the item to a future date. ITEM NUMBER: 5 DATE: 11-19-13 3. The Commission may recommend the City Council deny the amendment to Condition #10. The Commission should specify the reasons for denial of the project and make an associated finding with such action. PREPARED BY: Warren Frace ATTACHMENTS: Attachment 1: Location Map, Zoning and General Plan Attachment 2: Aerial Site Photograph Attachment 3: Ben Efraim Amendment Request Letter Attachment 4: Draft Resolution PC 2013-0033 ITEM NUMBER: 5 DATE: 11-19-13 Attachment 1: Location Map, Zoning and General Plan Existing Designations: -General Plan: Mixed-Use -Zoning District: Commercial Retail / PD-12 Proposed Designations: -General Plan: Mixed-Use -Zoning District: Commercial Retail / PD-12 Dove Creek Commercial Project Site Attachm ent 2: Aeriaal Photo ITEM N DATE: NUMBER: 5 11-19 Do Cr Pr Si Dove Cr Comme Project 9-13 ove reek roject ite reek ercial Site ATTACHM MENT 3: Letteer of Request – Ben Efraim ITEM N DATE: NUMBER: 5 11-19 9-13 ITEM N DATE: NUMBER: 5 11-199-13 ITEM NUMBER: 5 DATE: 11-19-13 ATTACHMENT 4 Draft Resolution PC 2013-0033 CUP 2003-0099: 2013 Amended Conditions of Approval (Master Plan of Development) DRAFT RESOLUTION PC 2013-0033 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE AN AMENDMENT TO THE CONDITIONS OF APPROVAL FOR THE COMMERCIAL PORTION OF CONDITIONAL USE PERMIT 2003-0099 (MASTER PLAN OF DEVELOPMENT) APN 045-331-014 SANTA BARBARA ROAD & EL CAMINO REAL (Fortune Companies) WHEREAS, an application has been received from Fortune Companies, 5423 Village Road, Suite 200, Long Beach, CA 90808 (Applicant), to consider an amendment to Condition #10 of the Dove Creek Commercial Center Master Plan of Development and PD-12 Overlay Zone Text (APN 045-331-014); and, WHEREAS, the site’s General Plan Designation is (MU) Mixed-Use; and, WHEREAS, the site’s current zoning district is CR (Commercial Retail); and, WHEREAS, the Planning Commission recommended that the PD-12 Overlay Zone Text be amended to allow for an outdoor sales component for farm equipment and supply uses; and, WHEREAS, A Master Plan of Development was adopted for the Dove Creek development site in 2004 setting development standards for the construction of the residential and commercial portions of the project; 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 Zoning amendments; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on November 19, 2013, studied and considered the proposed project; and, ITEM NUMBER: 5 DATE: 11-19-13 NOW, THEREFORE, the Planning Commission of the City of Atascadero, California takes the following actions: SECTION 1. Findings for Approval of the Amendment to the Conditional Use Permit / Master Plan of Development. The Planning Commission finds as follows: 1. The proposed amendment is consistent with the General Plan; and, 2. The proposed amendment satisfies all applicable provisions of the Title (Zoning Ordinance) including the PD-12 Ordinance; and, 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, 4. The proposed amendment will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 5. That the proposed amendment 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. SECTION 2. Recommendation of Approval. The Planning Commission of the City of Atascadero, California, in a regular session assembled on November 19, 2013, resolved to recommend that the City Council approve the proposed amendments to Condition #10 of Conditional Use Permit 2003-0099 (Dove Creek Master Plan of Development) subject to the following: EXHIBIT A: Conditions of Approval / Mitigation Monitoring EXHIBIT B: Master Plan of Development EXHIBIT C: Conceptual Grading and Drainage Plan EXHIBIT D: Landscape Plan EXHIBIT E: Elevations EXHIBIT F: Preliminary Floor Plans EXHIBIT G: Line of Sight Diagrams ITEM NUMBER: 5 DATE: 11-19-13 BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) ADOPTED: CITY OF ATASCADERO, CA ______________________________ David Bentz Planning Commission Chairperson Attest: ______________________________ Warren M. Frace Planning Commission Secretary ITEM NUMBER: 5 DATE: 11-19-13 EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program Dove Creek (CUP 2003-0099) Conditions of Approval / Mitigation Monitoring Program Dove Creek Master Plan PD-12 CUP 2003-0099 Timing FM: Final Map 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 Planning Services 1. The approval of this Master Plan of Development Amendment shall become final and effective following City Council approval. On-going PS 2. Precise design standards and guidelines for the development of land are contained within the Dove Creek Master Plan of Development and supersede the City’s existing zoning code, public works standards, and other regulations, with Conditions of Approval as listed. Where this plan is silent, City codes effective upon the date of adoption of the Master Plan of Development shall apply. On-going PS 3. The approved Master Plan of Development shall remain in effect indefinitely. All changes to the Master Plan of Development shall be approved by the City Council. On-going PS 4. 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. The Planning Commission shall have the final authority to approve any other changes to the Master Plan and any associated Tentative Maps. On-going PS, CE 5. All subsequent Tentative Tract Map and construction permits shall be consistent with the Master Plan of Development contained herein. GP, BP PS, CE 6. All conditions of the overall Dove Creek Master Plan of Development approval shall remain in full effect unless specifically amended by this resolution. Conditions contained in this resolution shall supersede any conflicting conditions in the original Master Plan of Development approval. This resolution of approval applies only to the commercial portion of the Dove Creek development. FM PS ITEM NUMBER: 5 DATE: 11-19-13 Conditions of Approval / Mitigation Monitoring Program Dove Creek Master Plan PD-12 CUP 2003-0099 Timing FM: Final Map 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 7. Parking lot lighting shall consist of shielded “shoebox” style lighting. No light source shall be visible from the adjacent residences. Security lighting shall be fully shielded. No light spillage off-site shall be permitted. Maximum pole height shall be 20-feet. BP PS 8. All commercial site work, grading and site improvements shall be consistent with the amended commercial Master Plan of Development and as shown in the site amenities plan (EXHIBIT B, C, and D), subject to the following:  The parking aisle without wheel stops shall be redesigned to allow for regular car parking, providing overflow “pull-through” spaces as necessary. BP PS 9. A final landscape, irrigation plan, and native tree replacement plan shall be approved as part of the commercial building permit process.  All trash and recycling bins, exterior meters, and mechanical equipment shall be screened with landscape material.  Shade trees shall be provided throughout the parking lot and shall be installed prior to final of the 1st commercial building.  All perimeter landscaping not located on the individual building pads shall be installed prior to final of the 1st commercial building, unless infeasible due to construction requirements of the subsequent commercial buildings.  Landscape utilized to screen the outdoor sales area shall consist of evergreen trees and shrubs. BP PS 10. The following condition amends Condition #10 of the original Dove Creek Master Plan of Development. a. Prior to map recordation, the applicant shall deposit $400,000 to the City to be placed in an interest bearing account. If a building permit for a minimum of 45,000 square feet has not been issued by July 1, 2006, the City shall withdraw $40,000 from the account. If, in each successive year on July 1, 2007 through July 1, 2015, a building permit has not been issued for a minimum of 45,000 square feet, the City shall withdraw $40,000. At such time that the building permit is issued for a minimum of 45,000 square On going PS ITEM NUMBER: 5 DATE: 11-19-13 Conditions of Approval / Mitigation Monitoring Program Dove Creek Master Plan PD-12 CUP 2003-0099 Timing FM: Final Map 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 feet, the remaining balance shall be refunded to the applicant. Upon withdrawal of the full $400,000 plus accrued interest, or in the alternative the refund of any balance to the applicant, this subdivision (a) shall be deemed to be fulfilled and no additional deposits into the account shall be sought by the City or made by the applicant. b. Prior to the City issuing any building permits to the applicant or the applicant's successors or assigns, an "Agreement to Terminate Memorandum of Development Condition" shall be executed by the applicant and the City and recorded against all parcels subject to this Condition 10. The subject agreement shall include, but not be limited to, provisions authorizing the City to draw down immediately any funds remaining in the account set up pursuant to subdivision (a) and releasing the City's right to take the parcels subject to this Condition as set forth in the existing Memorandum of Development Condition recorded against the parcels. If a building permit has not been issued for a minimum of 45,000 square feet by July 1, 2016, the applicant shall convey the commercial site to the City. A memorandum of option or deed of trust shall be recorded concurrent with map recordation that assures the City that it can acquire the commercial site, subject to review and approval by the Community Development Department and City Attorney. c. The commercial parcel may be subdivided into additional lots provided adequate access and parking easements are recorded consistent with the Master Plan of Development 11. All exterior elevations and materials shall be consistent with EXHIBIT E1, E2, and E3, subject to the following:  Signage shall be permitted on the parking lot, El Camino Real, and Santa Barbara facing facades only.  Signage shall be located below the roofline – no roof mounted signage will be permitted.  All signage sizes shall comply with the Atascadero Municipal Code standards for commercial BP PS ITEM NUMBER: 5 DATE: 11-19-13 Conditions of Approval / Mitigation Monitoring Program Dove Creek Master Plan PD-12 CUP 2003-0099 Timing FM: Final Map 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 locations.  Signage locations shall be architecturally compatible with the buildings and scaled appropriately to the architectural building features.  Stucco shall be sand finish or smoother.  Columns on building “C”, “F”, and “G” shall incorporate double post columns consistent with buildings “D” and “E”.  Windows, false or real, shall be incorporated into Elevations #7, 14, and 15, subject to staff approval.  Wood siding and/or additional brickwork shall be incorporated into the design of building “c” and the plaza facing facades of buildings “F” and “G”.  All exterior colors, finishes and materials shall be approved by the Planning Department prior to permit issuance. 12. Trellis features shall be constructed of heavy timber materials and shall be painted or stained a natural wood tone color. BP PS 13. Trellis features shall be added to elevations #8, 6, and 14. BP PS 14. The applicant shall work with staff on selection of building colors that provide consistency with the existing Dove Creek residences, subject to staff approval. BP PS 15. “Sidewalk Display” – large display items such as utility vehicles shall be limited to the display area adjacent to both the building and the outdoor sales area. 16. Prior to the issuance of any building permits for structures, the Commercial Center shall participate in a maintenance agreement with the appropriate entity for maintenance of the roads/portion of roads that will be used by commercial patrons. Insurance for these roads/portion of roads shall be shared by the Commercial Center as feasible. ITEM NUMBER: 5 DATE: 11-19-13 EXHIBIT B: Master Plan of Development ITEM NUMBER: 5 DATE: 11-19-13 EXHIBIT C: Conceptual Grading and Drainage Plan ITEM NUMBER: 5 DATE: 11-19-13 EXHIBIT D: Landscape Plan ITEM NUMBER: 5 DATE: 11-19-13 EXHIBIT E1: Elevations ITEM NUMBER: 5 DATE: 11-19-13 EXHIBIT E2: Elevations ITEM NUMBER: 5 DATE: 11-19-13 EXHIBIT E3: Elevations ITEM NUMBER: 5 DATE: 11-19-13 EXHIBIT F1: Preliminary Floor Plans ITEM NUMBER: 5 DATE: 11-19-13 EXHIBIT F2: Preliminary Floor Plans ITEM NUMBER: 5 DATE: 11-19-13 EXHIBIT G: Line of Sight Diagrams