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HomeMy WebLinkAboutPC_2010-01-19_AgendaPacketCITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting Tuesday, January 19, 2010 — 7:00 P.M. City Hall Council Chambers 6907 El Camino Real Atascadero, California CALL TO ORDER Pledge of Allegiance Roll Call: Chairperson Jack Vice Chairperson Moreno Commissioner Bentz Commissioner Colamarino Commissioner Schmidt Commissioner Sturtevant Commissioner Ward 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 and address 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.) City of Atascadero Planning Commission Agenda Regular Meeting, January 19, 2010 Page 2of4 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON DECEMBER 15, 2009. 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 and address 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).) 2. PLN 2008-1311, CONDITIONAL USE PERMIT 7121 SERENA COURT Property Owner: Atascadero Mutual Water Company, 5005 EI Camino Real, Atascadero, CA 93422 Applicant: Metro PCS, 1080 Marina Village Parkway, Alameda, CA 94501 Project Title: PLN 2008-1311 /CUP 2008-0236 Project Location: 7121 Serena Court, Atascadero, CA 93422 APN 029-105-041 (San Luis Obispo County) Project Description: The project consists of an application to construct a wireless communications facility to co -locate with two other telecommunications facilities at the Atascadero Mutual Water Co. water tank location. The project proposes three panel antennas supported on two new support structures 121/2 feet above ground. In addition, a 150 sq. ft. equipment shelter is proposed. It would be set into an excavated area of approx. 21/2 ft. deep to reduce the height. The height is approx. 6 ft. and the material will be split face block painted a brown color to blend with the area and match existing facilities. The previous wireless sites consist of the installation of panel antennas mounted on 15 ft. poles, a 4 ft. in diameter microwave dish on a 15 ft. pole, two equipment shelters and four pole mounted antennas. The other facilities are currently T -Mobile and AT&T (both originally developed by Cingular, which is no longer in business.) General Plan Designation: RR (Rural Residential) Zoning District: RR (Residential Residential) Proposed Based on the Initial Study prepared for the project, a Mitigated Negative Environmental Declaration (MND) is proposed. The MND is available for public review at 6907 EI Determination: Camino Real, Community Development Department from 8:30 a.m. to 5:00 p.m. Monday through Friday. City of Atascadero Planning Commission Agenda Regular Meeting, January 19, 2010 Page 3 of 4 COMMISSIONER COMMENTS AND REPORTS DIRECTOR'S REPORT ADJOURNMENT The next regular meeting of the Planning Commission is scheduled for February 2, 2010, at City Hall, Council Chambers, 6907 El Camino Real, 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. City of Atascadero Planning Commission Agenda Regular Meeting, January 19, 2010 Page 4 of 4 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, 6907 EI Camino Real, 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, 6907 EI Camino Real, 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 video-taped and 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 is preferred. Access to hook up your laptop to the City's projector can also be provided. 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. ITEM NUMBER: 1 DATE: 1-19-10 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting - Tuesday, December 15, 2009 — 7:00 P.M. City Hall Council Chambers 6907 EI Camino Real, Atascadero, California CALL TO ORDER - 7:00 p.m. Chairperson Jack called the meeting to order at 7:00 p.m. and Commissioner Schmidt led the Pledge of Allegiance. ROLL CALL Present: Chairperson Jack, Vice Chairperson Moreno, Commissioners Bentz, Colamarino, Schmidt, Sturtevant, and Ward Absent: None Others Present: Recording Secretary Annette Manier Staff Present: Community Development Director Warren Frace, Deputy Director of Public Works/Engineering David Athey, and Senior Planner, Mimi Whitney. APPROVAL OF AGENDA MOTION: By Commissioner Bentz and seconded by Vice Chairperson Moreno to approve the agenda. Motion passed 7.0 by a roll -call vote. PC Draft Minutes of 12/15/09 Page 1 of 6 PUBLIC COMMENT - None Chairperson Jack closed the Public Comment period. PLANNING COMMISSION BUSINESS - None CONSENT CALENDAR Commissioner Sturtevant asked that items 3 and 4 be pulled and voted on separately since he was absent at the November 17, 2009 meeting. Vice Chairperson Moreno asked that the minutes reflect what she thought was a yes vote by Commissioner Schmidt on Page 5 of 6 of the October 20, 2009 minutes. Commissioner Schmidt confirmed that he voted yes. Annette Manier, Recording Secretary, agreed to change the minutes if the vote was a yes vote. 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON OCTOBER 20, 2009. 2. APPROVAL OF THE 2010 PLANNING COMMISSION MEETING SCHEDULE. MOTION: By Commissioner Bentz and seconded by Commissioner Sturtevant to approve items 1 and 2 on the Consent Calendar. Motion passed 7.0 by a roll -call vote. 3. APPROVAL OF THE FINAL RESOLUTION AND CONDITIONS OF APPROVAL FOR PLN 2009-1333, CUP AMENDMENT AND TREE REMOVAL PERMIT FOR 2600 RAMONA ROAD AND 6075 CONEJO ROAD. 4. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON NOVEMBER 17, 2009. MOTION: By Commissioner Bentz and seconded by Vice Chairperson Moreno to approve items 3 and 4 on the Consent Calendar. Motion passed 6:0 by a roll -call vote. (Sturtevant abstained) PC Draft Minutes of 12/15/09 Page 2 of 6 COMMUNITY DEVELOPMENT STAFF REPORTS None PUBLIC HEARINGS 5. PLN 2099-0626, TENTATIVE TRACT MAP AND TREE REMOVAL PERMIT FOR 9080 SAN RAFAEL ROAD Property Weston O'Reilly, 67297 Sargents Rd., San Ardo, CA 93450 Owner/Applicant: Project Title: PLN 2099-0626/TTM 2006-0085/TRP 2009-0133 Project Location: 9080 San Rafael Road, Atascadero, CA 93422 APN 045-353-023 (San Luis Obispo County) Project Description: The project consists of an application for a Tentative Tract Map to create five (5) residential parcels on an existing lot of record. The existing lot is 14.17± acres with an average 5.79 % slope for the 5 parcels. The parcels will be 3.25 acres, 2.73 acres, 2.75 acres, 2.72 acres and 2.72 respectively. Seventeen (17) native Blue Oaks, Valley Oaks, and Live Oaks totaling 232 inches DBH are proposed for removal. The proposed residences will take access from San Rafael Road and will be served by on-site septic systems. General Plan Designation: RE (Rural Estates) Zoning District: RS (Residential Suburban) Proposed Based on the Initial Study prepared for the project, a Mitigated Negative Environmental Declaration (MND) is proposed. The MND is available for public review at 6907 EI Determination: Camino Real from 8:30 a.m. to 5:00 p.m., Monday through Friday. DISCLOSURE OF EX PARTE COMMUNICATIONS: • Commissioner Ward visited the property, saw no one, and received the memo from Tami Poe suggesting the Commission call if assistance was needed, and he declined to call. • Commissioner Colamarino received the same memo and he didn't follow-up. • Commissioner Bentz visited the property, received the same email, but did not respond to the email, and spoke with no one. • Chairperson Jack visited the property, met Tami Poe at the property, and walked the site. She showed him where the proposed building envelopes were, and they looked at the trees. • Vice Chairperson Moreno received the email from Tami Poe and did not follow- up. She visited the site. • Commissioner Sturtevant visited the site and spoke with no one. PC Draft Minutes of 12/15/09 Page 3 of 6 • Commissioner Schmidt received the same email, but responded to Tami that at the time of the email, they had not received their packets yet. After he reviewed his packet, he determined that he did not need to contact her. He also visited the site. Mimi Whitney, Senior Planner, gave the staff report and answered questions from the Commission. She explained that there will be a few less trees removed because of the recent storm and distributed a revised Tree Mitigation Form (Exhibit A). These fees are paid with the building permits. Director Warren Frace and Deputy Director of Public Works/Engineering David Athey also answered questions of the Commission. PUBLIC COMMENT Tami Poe, Tami Poe Land Use Planning & Consulting, agent for the applicant, explained that the map has gone through 2 or 3 surveying companies. A&T Arborists knows the dimensions of the trees and explained that their report is the most accurate. She asked for clarification about Condition #28. David Athey, Deputy Director of Public Works addressed Ms. Poe's questions. She also asked about clarification on the Department of Fish and Game fees. Brenda Noel stated that the cul-de-sac road is very close to that section where the red house is now and asked why that road is so close to the fence. Tami Poe answered Ms. Noel's questions. Paul Hyman asked about the Suburban Estates designation and if that means it will be a locked or gated road. He also asked that with the referenced utility easement, if anything is going to be done with it, or would it impede, improve, or impact pedestrian traffic. He also asked about Eagle Ranch and how San Rafael was an access corridor. He believes the applicant should be responsible for the impact on the road, or there should be a way to address this in the future. Director Frace and Deputy Director of Public Works, David Athey answered Mr. Hyman's concerns. Chairperson Jack closed the Public Comment period. PC Draft Minutes of 12/15/09 Page 4 of 6 MOTION: By Commissioner Sturtevant and seconded by Commissioner Bentz to adopt PC Resolution 2009-0033 approving PLN 2099-0626, a vesting Tentative Tract Map 2006-0085 and Tree Removal Permit at 9080 San Rafael Road, based on findings and subject to Conditions of Approval. Commissioner Schmidt asked the motion be amended to include adding the requirement to comply with Atascadero Mutual Water Company's conservation measures. The makers of the motion agreed. MOTION: By Commissioner Sturtevant and seconded by Commissioner Bentz to adopt PC Resolution 2009-0033 approving PLN 2099-0626, a vesting Tentative Tract Map 2006-0085 and Tree Removal Permit at 9080 San Rafael Road, based on findings and subject to Conditions of Approval with an amendment to the Conditions adding a requirement to comply with the Atascadero Mutual Water Company's conservation measures. Motion passed 7.0 by a roll -call vote. COMMISSIONER COMMENTS AND REPORTS Commissioner Schmidt, stated that he did some follow-up up from the last public hearing in relation to the discussion about easements, and whether or not a person can or cannot grant an easement to themselves. He researched the California Civil Code, Section 803, and found a section that basically states that you cannot grant yourself your own easement. He stated that typically the way jurisdictions get around this is to have easement agreements or restrictive covenants recorded. When the property is sold, the easement is automatically created. He asked if maybe the City could look at this and change the language. Chairperson Jack thanked Director Frace for providing the information on the La Plaza Theatre corrections applicant meeting, and asked for an update on the project. Director Frace said that the project is still out for corrections with the applicant. PC Draft Minutes of 12/15/09 Page 5 of 6 DIRECTOR'S REPORT • Walmart submitted their revised application and gave the City a $100,000 deposit to begin the EIR, so the project is underway. The new project is a 117,000 sq. ft. store with a grocery store. The Tire Lube Express and Garden Center were eliminated. The store will have a drive -up pharmacy. The project went from approximately 26 to approximately 21 acres. The remainder will be additional commercial pads and some multi -family housing sites. There have been no changes to the Annex project, a 110,000 sq. ft. retail project. The next step will be to host a community open house at City Hall. A Joint Scoping Session with the Planning Commission and City Council will follow. • There is a new State requirement beginning January 1, 2010, which requires all cities and counties to apply a fairly stringent requirement to all landscaping and irrigation systems. The City Council will adopt an ordinance through the Building Code. This will be a new requirement for all building permits that come through the Community Development Department. Information will be disseminated as it comes forth. • The book, "Life of an Oak' which was distributed to the Planning Commission are compliments from the California Oak foundation. • The next meeting is scheduled for January 5, 2010. ADJOURNMENT - 8:10 p.m. The next regular meeting of the Planning Commission is scheduled for January 5, 2010, at City Hall, Council Chambers, 6907 EI Camino Real, Atascadero. MINUTES PREPARD BY: Annette Manier, Recording Secretary The following exhibits are available for review in the Community Development Department: Exhibit A — Tree Mitigation Form PC Draft Minutes of 12/15/09 Page 6 of 6 ITEM NUMBER: 2 DATE: 1-19-10 Atascadero Planning Commission Staff Report - Community Development Department Mimi Whitney, Senior Planner, 470-3442, mwhitneyCaatascadero.org PLN 2008-1311 Conditional Use Permit 2009-0236 Wireless Communication Facility 7121 Serena Court/Atascadero Mutual Water Co. (APN 028-221-007 and 029-105-041 - Metro PCS) SUBJECT: The project consists of an application to install a wireless communication facility, where two similar facilities already exist. The site is Atascadero Mutual Water Company property located on Pine Mountain above Highway 41 and accessed from Serena Court. The project involves three (3) panel antennas mounted on two 12-1/2 feet high poles, a 10 x 15 sq. foot equipment shelter and underground coaxial conduit in a utility easement between the antennas and the equipment shelter. RECOMMENDATION: Staff recommends.- Adopt ecommends. Adopt Planning Commission Resolution 2010-0035 approving Conditional Use Permit 2009-0236 to install three (3) panel antennas, a 10 x 15 sq. ft. equipment shelter and related utilities on APN 028-221-007 & 029-105-041, with findings and conditions attached. SITUATION AND FACTS: 1. Applicant: Metro PCS, 1080 Marina Village Parkway Alameda, CA 94501 2. Representative: Maryann Miller Novak, 231 Marlow Drive Oakland, CA 94605 ITEM NUMBER: 2 DATE: 1-19-10 DISCUSSION: Background The site is located on a ridge approximately 500 feet southeast of Highway 41 and accessed from Serena Court. The property is owned by Atascadero Mutual Water Company where the Pine Mountain Water Reservoir is located. There are three previously approved telecommunication facilities (CUP 2001-0037, CUP 2002-0060 and 2005-0158). The surrounding area consists of open space and low density residential uses, with the nearest single-family houses located on the west side of Serena Court. In 2001, CUP 2001-0037 was approved by the Planning Commission to allow construction of a co -located telecommunication facility for Alpine Wireless and Cellular One. This facility was not built; however, the other two facilities were. In 2002, CUP 2002-0060 was approved which allowed the construction of six panel antennas on five new poles, ranging in height between 15 and 17 feet, and installation of a 16 x 10 sq. foot x 10 feet high equipment shelter. This facility was acquired in 2003 by T -Mobile. In 2006, the installation of twelve (12) panel antennas mounted in three (3) separate sections, and four (4) antennas mounted to steel poles measuring fifteen (15) feet in height were approved. These were located on the southwest portion of the hillside. Eight (8) antennas were located on the northwest section of the hillside. Other antennas and equipment were also approved but not all were installed. In 2006, Cingular One's remaining equipment was acquired by AT&T at this location. At that time, Cingular One abandoned its responsibilities to maintain the site. Unfortunately, most of the native plant material they had previously been required to install as screening, has died and never been replaced. The lapse in landscape maintenance of these two other facilities does not affect the applicant's proposed request. See further discussion under "Landscaping" below. Analysis Visual Impacts: Some of the antenna equipment is visible from Highway 41 adjacent to the site and less visible from more distant locations to the north and west. Visual simulations were previously analyzed for the projects approved at this location and therefore, no new simulations were required. Existing vegetation has continued to grow and provide screening. The native plants that were installed (with previous CUPs) in 5 gallon size for shrubs and 15 gallon size for trees did not establish themselves, for lack of maintenance, and did not provide the additional screening as was planned. However, the existing vegetation provides a ITEM NUMBER: 2 DATE: 1-19-10 substantial amount of screening such that the existing antennas are not very visible. (See photos below taken from Highway 41) The applicant provided some simulation of the site in their application packet. Please see Attachment 3: Visual Simulation prepared by Metro PCS. View East from Highway 41 View West from Highway 41 Access: The project site is accessed from an existing Atascadero Mutual Water Company service road off of Serena Court which is gated. To view the project site, please contact Atascadero Mutual Water Company at 466-2428. Traffic: The project is an unmanned facility and will not generate significant traffic trips. It is estimated that maintenance occurs approximately once a month for each facility. Utilities: Utilities will be installed underground. Common utility trenches will be used where feasible. Landscaping: The prior landscape plans for the existing facilities required native plants including Toyon, Coffeeberry, Live Oak trees and other natives. Most of the previously installed plants have perished due to lack of irrigation. A similar landscape plan with natives is recommended for this proposed project, however, staff is now requiring that a licensed arborist or landscape professional provide irrigation and maintenance for a period of five (5) years, or until it can be shown that the plants have been established and can thrive on their own. In order to remedy the loss of native plants, staff has contacted the other telecommunication companies (T -Mobile and AT&T Mobility) and explained that the conditions of approval run with the land. Both of these companies have been agreeable and will enter into stipulations that the native plants will be restored. In addition, all ITEM NUMBER: 2 DATE: 1-19-10 three of the companies have agreed to work together and to cooperatively pay for the landscape maintenance for a period of five years. The conditions of approval for each facility previously approved will remain in place and nothing related to the previous conditions of approval, for the existing sites, shall impact this particular request from Metro PCS. CEQA/Environmental Assessment: An Initial Study was prepared and potential impacts were identified to the following categories: aesthetics, biological resources and air quality. With standard conditions and specific conditions (mitigation measures) included with the Conditions of Approval, any potential impacts would be reduced to a level of insignificance. The Planning Commission is required to "certify" the completion of the Mitigated Negative Declaration, as provided in the draft resolution attached. Conditional Use Permit Findings: The site is in the Rural Residential Zoning District where the use is a conditionally allowed use. In order to approve the Conditional Use Permit, the Planning Commission is required to make the following findings: 1. The proposed use is consistent with the General Plan. Staff Comment: The use is consistent with the Land Use, Conservation and Open Space element of the General Plan in that the rural character of the area is not impacted with this use and that the scenic qualities of this hillside are maintained with the addition of native plantings for visual screening and specified color treatment of the proposed facilities. 2. The proposed use satisfies applicable provisions of the Zoning Ordinance. Staff Comment: As conditioned, the project satisfies all relevant zoning code provisions such as height limits, preparation of landscape plans, and undergrounding of utilities. 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in this particular case, be detrimental to the health, safety or welfare of the general public or persons residing or working in the neighborhood, or be detrimental or injurious to the property or improvements in the vicinity and the use. Staff Comment: The poles, pole -mounted antennas, and equipment shelter will not be detrimental to the general public or persons residing in the neighborhood because only authorized personnel may access the site and the facilities will be installed in accordance with local, state and federal requirements. 4. The proposed use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development. ITEM NUMBER: 2 DATE: 1-19-10 Staff Comment: Specific mitigation has been added to the Conditions of Approval so that the proposed project will be screened with native plants and specified color treatment to minimize the proposed facilities, thereby maintaining the rural and open space character of this area. 5. The proposed use 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 facility will be unmanned and the monthly maintenance visits are considered insignificant. The project site is fairly remote and designated for Rural Residential use. Because the Atascadero Mutual Water Company owns the site and has established a municipal water tank location here, with gated access, it is not likely that residential use will ever be located closer than what is now located on the west side of Serena Court. Staff believes the Planning Commission can make the Conditional Use Permit findings listed above and included in the resolution. CONCLUSION: The project will not be detrimental to the health, safety or welfare of the general public, nor will the project generate additional traffic in the surrounding neighborhood area. The project will provide additional native landscaping in order to screen all proposed ground equipment. Telecommunication will be enhanced with the addition of the proposed equipment which will provide better access for the public and emergency services. ALTERNATIVES: 1. The Planning Commission may approve the proposed Conditional Use Permit with modified conditions of approval. Modifications should be clearly stated for the record. 2. The Planning Commission may deny the Conditional Use Permit by making appropriate findings giving the reasons for denial. I The Planning Commission may continue the application and refer the project back to staff for additional information or analysis. Direction should be given to staff and the applicant. ITEM NUMBER: 2 DATE: 1-19-10 ATTACHMENTS: Attachment 1: Initial Study/Mitigated Negative Declaration Attachment 2: Arborist Report (2 pages) Attachment 3: Visual Simulation provided by Metro PCS Attachment 4: Draft Resolution # 2010-0035 ITEM NUMBER DATE: 1-19-10 Attachment 1: Initial Study/Mitigated Negative Declaration #2009-0003 See Attached ITEM NUMBER: 2 DATE: 1-19-10 Attachment 2(a): Arborist Report - Table 1 ATASCADERO WT SF90130A 7121 SERENA COURT 1 7 A r. A ATASCADERO ft q 10 11 TREE TREE TRUNK TREE CONST DRIP -LINE CONST MITIGATIONMONT PRUNING FIELD • SPECIES DBH CONDITIONSTATUS % IMPACT IMPACT PROPOSAL REQUIRED CLASS NOTES 1 TOYON 6X15" 4 I 2% G F YES NONE Newn aNcuua waeA 2 TOYON 5X1S" 4 1 3% G F YES NONE HEAR GINWUR AREA 3 TOYON 6X8" 4 1 2% G F YES NeAa caawuRwaew 4 TOYON 10X10" 4 1 3% G F YES Neva aNcwua.wu 5 TOYON 6X18" 4 1 2% G F YES NewR CINt3ULAR uaew 6 TOYON 6X15" 4 1 3% G F YES VNONE NeAa aNeul.Art raeA 7 TOYON 12X24" 4 t 2% G F YES Neva olNouuawaew 8 LO 2X28" 5 1 4 G F YES NeAw c�N�wiAa waew 9 10 11 12 13 14 15 16 17 18 19 20 8/202009�- � ITEM NUMBER: 2 DATE: 1-19-10 Attachment 2(b): Arborist Report - Table 2 TREE PROTECTION SPREAD SHEET 1 n o 1n 11 TREE TREE TRUNK TREE CONST DRIP -LINE CONST MITIGATIO MONT PRUNING FIELD N SPECIES D8H CONDITIONSTATUS %IMPACT IMPACT PROPOSAL REQUIRED CLASS NOTES 1 2 3 4 5 6 7 8 TOY multi 3 1 20% T F. RP, M YES IV prune fpr trenching 9 TOY multi 3 A O°!o NONE F NO 10 BO 9 5 1 10% T F, RP, M YES IV prune fpr trenching 11 BO 14 4 A 0% NONE F NO 12 TOY multi 4 A 0% NONE F NO 13 LO 3x30 5 1 15% T F. RP, M YES IV pmne fpr trenching 14 TOY multi 4 A 0% NONE F NO 15 16 17 18 19 20 1217/2009 ,4 ITEM NUMBER: 2 DATE: 1-19-10 Attachment 3: Visual Simulation from Metro PCS �,r�);j1 --- :J metro Atascadero WT Site a SF90130A Looking North from Highway 441 721 Serena Cour. ITEM NUMBER: 2 DATE: 1-19-10 Attachment 4: Draft Resolution # 2010-0035 DRAFT RESOLUTION NO. PC 2010-0035 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING PLN 2008-1311/CUP 2008-02365 A WIRELESS COMMUNICATION FACILITY, AT 7125 SERENA COURT - (APN 028-221-007 & 029-105-041) ATASCADERO MUTUAL WATER CO. / METRO PCS WHEREAS, an application has been received from Metro PCS, 1080 Marina Village Parkway, Oakland, CA 94501 (Applicant), Atascadero Mutual Water Co. 5005 El Camino Real, Atascadero, CA 93422 (Property Owner) to consider Conditional Use Permit 2008-0236, allowing the installation of a new wireless telecommunication facilities at 7125 Serena Court (APN 028-221-007 & 029-105-041); and, WHEREAS, the proposed project is located within the Rural Residential Land Use designation of the City of Atascadero's General Plan Land Use Diagram; and, WHEREAS, the proposed project is located in the Rural Residential Zoning District where telecommunication facilities are subject to the approval of a conditional use permit; and, WHEREAS, an Initial Study was prepared resulting in a Draft Mitigated Negative Declaration #2009-0003 prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the Planning Commission held a duly noticed public hearing to consider the proposed Conditional Use Permit application on January 19, 2010 at 7:00 p.m. and considered testimony and reports from staff, the applicants, and the public. NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Certification of Mitigated Negative Declaration the Planning Commission of the City of Atascadero, hereby certifies Mitigated Negative Declaration 2009-0003 based on the following findings: 1. The Mitigated Negative Declaration has been completed in compliance with requirements of the California Environmental Quality Act; and, 2. The project does not have the potential to degrade the environment because mitigation measures that address potential aesthetics and biological resources are incorporated which include installing native plant material, specific exterior paint colors, and a requirement for ITEM NUMBER: 2 DATE: 1-19-10 air quality measures, all of which will reduce potential impacts to a level of insignificance; and, 3. The project will not achieve short-term to the disadvantage of long-term environmental goals because standard conditions which regulate installation of telecommunication facilities will be imposed and a landscape plan submitted and approved addresses native plantings as mitigation to maintain the rural and open space character of the area; and, 4. The project does not have impacts which are individually limited, but cumulatively considerable when City regulations for development are imposed and mitigation measures are incorporated into the project; and, 5. The project will not cause substantial adverse effects on human beings either directly or indirectly because the project site is remote and protected by security gates which only allow authorized personnel onto the site. SECTION 2. Findings for approval of Conditional Use Permit. The Planning Commission finds as follows: 1. The proposed project is consistent with the General Plan, specifically with the Land Use, Conservation and Open Space element of the General Plan, in that the rural character of the area is not impacted with this use and that the scenic qualities of this hillside are maintained with the addition of native plantings for visual screening; and, 2. The proposed use satisfies relevant Zoning Code provisions such as height limits, preparation of landscape plans, and undergrounding of utilities. 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in this particular case, be detrimental to the health, safety or welfare of the general public or persons residing or working in the neighborhood, or be detrimental or injurious to the property or improvements in the vicinity because poles, pole -mounted antennas, and equipment shelter may only be accessed by authorized personnel and the facilities will be installed in accordance with local, state and federal requirements. 4. The proposed use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development because mitigation has been added to the Conditions of Approval so that the proposed project will be screened with native plants and thereby maintain the rural and open space character of this area. 5. The proposed use 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 because the facility will be unmanned and the monthly maintenance visits are considered insignificant and the ITEM NUMBER: 2 DATE: 1-19-10 property is owned by Atascadero Mutual Water Company who will maintain the area as open space. SECTION 3. Approval of Conditional Use Permit. The Planning Commission does hereby approve Conditional Use Permit 2008-0236 allowing the installation of a wireless telecommunication facility by Metro PCS at 7125 Serena Court (APN 028-221-007 & 029-105- 041) consistent with the following Exhibits: EXHIBIT A: Site Plan EXHIBIT B: Landscape Plan EXHIBIT C: Elevations EXHIBIT D: Mitigated Negative Declaration EXHIBIT E: Conditions of Approval On motion by Commissioner , and seconded by the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: Q NOES: Q ABSENT: Q ABSTAIN: Q ADOPTED: Q CITY OF ATASCADERO, CA Sandy Jack Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary ITEM NUMBER: 2 DATE: 1-19-10 EXHIBIT A: SITE PLAN - METRO PCS - CUP 2008-0236 ZZ4£6 tl� '01A9(3vostl1V gS 8 3� � � """°3O`"°^'"""•'°' iunoo VN32f3S LZ LL ■ w o� aw _= _ S�ei urn oa3avosvle g Q f< �� LLI vos�MAS g`= d Al to Aa pew alla .tom /\.'SerIPA NA ® a �o i� EPA w t ui� - +. ,3` y -■ - ITEM NUMBER: 2 DATE: 1-19-10 EXHIBIT B: LANDSCAPE PLAN - METRO PCS - CUP 2008-0236 ITEM NUMBER: 2 DATE: 1-19-10 EXHIBIT C: ELEVATIONS - METRO PCS - CUP 2008-0236 Exterior color paint: to match existing facilities. Previous color "Falcon Brown" or similar. nnc.�irrc.urf h Cb U dl ' a ITEM NUMBER: 2 DATE: 1-19-10 EXHIBIT D: MITIGATED NEGATIVE DECLARATION - CUP 2008-0236 - CITY OF ATASCADERO (0400asEo) FILED COMMUNITY DEVELOPMENT DEPARTMENT 1 4 M9 ULIE L ROIRWW), C0 NOTICE OF INTENT TO ADOPT PROPOSE by S.K RMMOS MITIGATED NEGATIVE DECLARATION DEPMcff, NOTICE IS HEREBY GIVEN that the Environmental Coordinator of the City of Atascadero has completed a review of the following project and is proposing the following environmental determination: Property Owner. Atascadero Mutual Water Co., 5005 EI Camino Real. Atascadero, CA 93422 Applicant: Metro PCS, 1080 Manna Village Parkway, 4 Floor, Alameda, CA 94501 Project Title: PLN 2008-1311/CUP 2009-0236 Metro PCS Wireless Communication Facility j Project Location: 7121 Serena Court (San Luis Obispo County) APN 028-221-007 & 029-105-041 Project I The project consists of an application to construct wireless communication facility to co -locate Description: with two other telecommunication facilities at this Atascadero Mutual Water Co. water tank Hearing location. The project proposes three panel antennas supported on two new support structures 12- Location: 'A feet above ground. in addition, a 150 sq. ft. equipment shelter is proposed. It would be set Proposed into an excavated area of approx. 2 -1/2 feet deep to reduce the height. The height is approx. 6 Environmental feet and the material will be split face block painted a brown color to blend with the area and match existing facilities. The previous wireless sites consist of the installation of panel antennas Determination: mounted on 15 foot poles, a four foot in diameter microwave dish on a 15 foot pole, two a nv intk,p m recd the proposed Mitigated Negative Declaration and project files.rtions should equipment shelters and four pole mounted antennas. The other facilities are currently T ,Mobile r . Sr Planner at 470-3442. and AT & T (both originally developed by Cingular, which is no longer in business). General Plan Designation: Rural Residential Developrt>znt Director Date Zoning District: Rural Residential To see the entire Environmental Environmental Begins: December 14, 2009 Document, go to: Review Dates: Ends: January 14, 2010 www.atascadero.org/Community Development/Permit Center Tentative January 19, 2010 Online/Environmental Docs. Hearing Date: City Hall Council Chambers, 7:00 p.m. Hearing 6907 EI Camino Real, Atascadero, CA 93422 Location: Proposed Based on the Initial Study prepared for the project, a Mitigated Negative Declaration is proposed. Environmental The Mitigated Negative Declaration is available for public review from 12/14/09 through 1/14/10 at 6907 EI Camino Real, Community Development Department from 8:30 a.m. to 5:00 p.m. Monday Determination: through Fri a nv intk,p m recd the proposed Mitigated Negative Declaration and project files.rtions should be dir r . Sr Planner at 470-3442. en Frace. Co Developrt>znt Director Date ITEM NUMBER: 2 DATE: 1-19-10 J1.7.;0SCM4D CIT1"OFATASCADERO PROPOSED MITIGATED NEGATIVE DECLARATION #2009-0003 6907 El Camino Real Atascadero, CA 9.422 805461-500o Property Owner. Arascadero Mutual Water Co., 5005 EI Camino Real, Atascadero. C.4 93422 Applicant: Metro PCS. 1080 Manna Village Parkway, 4' Floor, Alameda, CA 94501 Project Title: PLS 2008-1311/CUP 2008-0236 I Metro PCS Wireless Communication Facility Project Location: ?1'_1 Serena Court (San Luis Obispo Countyt APK 028-221-007 & 029-105-041 i Project t The project consists of an application to construct wireless communication facility o co -locate Description: with two other telecommunication facilities at this Atascadero Mutual Water Co. water tank location. The project proposes three panel antennas supported on two new support structures 12- !n feet above ground. In addition, a 150 sq. It. equipment shelter is proposed. It would be set into an excavated area of approx. 2 -1,'2 feet deep to reduce the height. The height is approx. 6 feet and the material will be split face block painted a brown color to blend with the area and match existing facilities. The previous wireless sites consist of the installation of panel antennas mounted on 15 foot poles. a four foot in diameter microwave dish on a 15 foot pole, two equipment shelters and four pole mounted antennas. The other facilities are currently T -Mobile and AT S T (both originally developed by Cingular. which is no longer in business). General Plan Designation Rural Residential Zoning District. Rural Residential Findings: 1. The project does not have the potential to degrade the environment. 2. The project will not achieve short-term to the disadvantage of Ion= tetra environmental goals. The project does not have impacts which are individually limited. but cumulatively considerable. 4. The project will not cause substantial adverse effects on human beings either directly or indirectly. Determination: Based on the above findings. and the information contained in the Initial Study 2009-000_ (made a pan hereof by reference and on file in the Community Development Department). it has been determined that the above project will not have an adverse impact on the environment when the following mitigation measures are incorporated into the project (see attachment). Prepared By: Mimi Whimev, A1CP- Senior Planner Date Posted: December 14. 2009 Public Review Ends: January 14, 2010 Attachments: Aerial with Location R Zoning Map Site Plan Tree Protection Plan Site Photos Initial Study 2009-0003 ITEM NUMBER DATE: 1-19-10 EXHIBIT D: CONDITIONS OF APPROVAL - PLN 2008-1311/CUP 2008-0236 PLN 2008-1311/CUP 2008-0236 - Metro PCS Standard Conditions 1. The approval of this Conditional Use Permit shall BP PS NA 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 that time, an appeal to the decision is filed to the City Council as set forth in Section 9-1.111(b) of the Zoning Ordinance. 2. Approval of this Conditional Use Permit shall be valid BP PS NA for twelve (12) months after its effective date. At the end of the period, the approval shall expire and become null and void unless the applicant has received a building permit or applied for an extension of entitlement. 3. The granting of this Conditional Use Permit shall apply Ongoing PS NA to APN 028-221-007 & 029-105-041 regardless of owner or lessee. If the ownership changes, or a lessee changes, the City Community Development Director shall be notified within 45 days. 4. The Community Development Department shall have BP PS NA the authority to approve minor changes to the project that (1) increase the square footage of the project by less than 10%, (2) result in a superior site design or appearance, and/or (3) address a construction design issue that is not substantive to the Conditional Use Permit. 5. The project shall be conditioned to comply with all GP BS NA applicable Air Quality District regulations pertaining to the control of fugitive dust (PM -10) as contained in the November 2009 Air Quality Handbook. Applicant shall consult with the San Luis Obispo Regional Air Quality Control District. Project Specific Conditions 6. All site design, antenna / cabinet placement, grading, BP/FO PS, BS NA and exterior elevations shall be consistent with the Official Exhibits in the Planning File. Colors to be non -reflective "Falcon Brown" or similar subject to CDD approval. 7. Cellular provider shall be limited to that area which is Ongoing PS, BS NA identified on the Official Plans. All future carriers will be required to obtain approval of a Conditional Use Permit. Minor changes may be made with CDD approval or a Minor Use Permit, whichever is applicable. 8. The City of Atascadero shall be allowed reasonable Ongoing PS, BS NA access to the site for purposes of inspection, should on-site inspection be necessary. 9. Any gates located along the driveway are to be Knox- BP/FO BS FD type providing Fire Department access. PROJECT SPECIFIC MITIGATION 10. Each pole and pole-mounted antenna, and equipment BP/FO PS, BS Color to be verified shelter building shall be painted to camouflage the in field by PS structures. The color shall be a non-reflective Earth toned brown to match existing shelter colors. 11. No exterior lighting shall be installed on any structures. BP PS, BS Verify in field by BS 12. The telecommunications poles/pole-mounted antenna BP/FO PS, BS Verify in field BS shall not exceed 12 1/2 feet, as identified on the Official Plans on file. Colors to be non-reflective "Falcon Brown" or similar subject to CDD approval. 13. The shelter building shall be surrounded by native BP/FO PS, BS Arborist or landscaping, per the approved landscape plans. All landscape non-turf area shall be mulched with a minimum two (2) consultant to verify inch cover. All landscape to be served with an in field. automatic irrigation system. 14. The project landscape shall be monitored for a BP/FO PS, BS Annual report due minimum of five (5) years, or until such time as deemed to CDD; 5 year adequate or the plants are naturalized, by a licensed final report due to landscaper or arborist. Annual verification shall be CDD. provided in writing to the Community Development Director indicating the status of the native plants 15. The existing irrigation system is to be maintained at all FO PS, BS Annual report due times and to remain functional. A licensed landscaper to CDD. Proof of or contractor, approved by the City Community maintenance Development Director, shall be contracted for a contract shall be minimum of five (5) years to maintain the landscape provided to CDD. and irrigation. The cost of such contract may be shared by this and other telecommunication operators of this site. 16. All construction activities shall comply with the City of BP/FO PS, BS BS Atascadero Noise Ordinance for hours of operation. 17. The noise level of any equipment on the site shall not BP/FO PS, BS BS,PS exceed 50db at any property line. The applicant shall provide an acoustical analysis verifying that the site will be in compliance with this standard prior to the issuance of the building permit. 18. The project shall be conditioned to comply with all GP BS BS pre - applicable Air Pollution Control District regulations construction and pertaining to Naturally Occurring Asbestos. Prior to grading any grading activities, the applicant shall ensure that a geologic evaluation is conducted to determine if NOW is present within the area that will be disturbed. If NOA is not present, an exemption request must be filed with the District. If NOA is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM. Refer to http://www.slocleanair.orcl/business/asbestos.asp for more information or contact Tim Fuhs of the Enforcement Division at (805) 781-5912. 19. All City Tree Mitigation measures are required per the GP PS Arborist to Atascadero Tree Ordinance. The Arborist's Tree inspect tree Protection Plan shall be followed and all protection and recommendations applied as contained in the Official verify to CDD. documents on file 20. Any Building Permit or Grading Plans shall identify all GP, BP BS,PS Call CDD staff to protection and enhancement measures recommended inspect site with by the Certified Arborist and Tree Protection Plan. An contractor and inspection by CDD staff shall be made prior to issuance arborist prior to of any Grading. beginning any grading work. 21. A final status report shall be prepared by the arborist GP PS, BS Arborist report. to certify that the Tree Protection Plan was implemented, designated trees were protected and construction -related native plantings were completed. 22. The on-site 1,500 gallon water tank shall be maintained FO PS, BS On-going in working order for the provision of irrigation for on-site maintenance native plantings used for screening. required for a minimum of 5 years. \\Cityhall\cdvlpmnt\- 08 PLNS\PLN 2008-1311 Metro Cell\MetroPCS SR.doc