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HomeMy WebLinkAboutPC_2015-04-07_AgendaPacket WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website CITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting Tuesday, April 7, 2015 – 7:00 P.M. Historic City Hall Council Chambers 6500 Palma Avenue, 4th Floor (Enter on Lewis Ave./Jr. High School Side) Atascadero, California 93422 CALL TO ORDER Pledge of Allegiance Roll Call: Chairperson Mark Dariz Vice Chairperson Jan Wolff Commissioner David Bentz Commissioner Duane Anderson Commissioner Jerel Seay Commissioner Charles Bourbeau Commissioner Dennis Schmidt APPROVAL OF AGENDA PUBLIC COMMENT (This portion of the meeting is reserved for persons wishing to address the Commission on any matter not on this agenda and over which the Commission has jurisdiction. Speakers are limited to three minutes. Please state your name for the record before making your presentation. The Commission may take action to direct the staff to place a matter of business on a future agenda.) PLANNING COMMISSION BUSINESS City of Atascadero Planning Commission Agenda Regular Meeting, April 7, 2015 Page 2 of 5 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website CONSENT CALENDAR None (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.) 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 t o 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).) 1. PLN 2011-1392 - AMENDMENT TO CONDITIONAL USE PERMIT 2001-0043 TO ALLOW LIMITED ON-SITE AUTOMOTIVE SALES AT 2850 EL CAMINO REAL Property Owner: Michael Frederick, PO Box 573, Atascadero, CA 93423 Applicants: Pacific Coast RV, Inc., 2850 El Camino Real, Atascadero, CA 93422 Shaun Brewer, 901 E Ocean Avenue, Lompoc, CA 93436 Project Title: PLN 2011-1392 / Conditional Use Permit 2001-0043 Amendment Amendment to Conditional Use Permit at 2850 El Camino Real to allow for a limited number of used auto sales on site. Project Location: 2850 El Camino Real, Atascadero, CA 93422 San Luis Obispo County (APN 049-201-048) Project Description: The project consists of amending an existing Conditional Use Permit, which currently allows an RV sales lot, to allow for additional automotive sales to be done on-site, in addition to RV sales. General Plan Designation: Commercial Park (CPK) Zoning: Commercial Park (CPK) Proposed Environmental Determination: The proposed Amendment is consistent with the previous Certified Mitigated Negative Declaration for CUP 2001-0043. Staff Recommendation: Staff is recommending the Planning Commission adopt Resolution PC 2015-0008, approving amendments to an existing Conditional Use Permit to allow for limited on -site automotive sales based on adopted findings and conditions of approval. City of Atascadero Planning Commission Agenda Regular Meeting, April 7, 2015 Page 3 of 5 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website PUBLIC HEARINGS (CONTINUED) 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 t o 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).) 2. CONDITIONAL USE PERMIT 2001-0039 AMENDMENT TO ALLOW ADDITIONAL WIRELESS COMMUNICATION EQUIPMENT AT 6005 EL CAMINO REAL Property Owner: Carlton Hotel Investments, LLC, 6005 El Camino Real, Atascadero, CA 93422 Applicant: Tricia Knight, 123 Seacliff Dr., Pismo Beach, CA 93449 Project Title: PLN 2099-0303 Conditional Use Permit 2001-0039 Amendment Project Location: 6005 El Camino Real, Atascadero, CA 93422 San Luis Obispo County (APN 029-342-023) Project Description: The project consists of amending an existing Conditional Use Permit to allow for additional panel antennas and ancillary equipment to the existing wireless facility on the roof of the Carlton Hotel. General Plan Designation: Downtown (D) Zoning: Downtown Commercial (DC) Proposed Environmental Determination: The proposed Amendment is consistent with the previous Certified Mitigated Negative Declaration #2002-0013 for CUP 2001-0039. Staff Recommendation: Staff is recommending the Planning Commission adopt Resolution PC 2015-0009, approving amendments to an existing Conditional Use Permit to allow for additional wireless communication facilities. City of Atascadero Planning Commission Agenda Regular Meeting, April 7, 2015 Page 4 of 5 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website COMMISSIONER COMMENTS AND REPORTS DIRECTOR’S REPORT ADJOURNMENT The next regular meeting will be on April 21, 2015 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. City of Atascadero Planning Commission Agenda Regular Meeting, April 7, 2015 Page 5 of 5 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website City of Atascadero WELCOME TO THE ATASCADERO PLANNING COMMISSION MEETING The Planning Commission meets in regular session on the first and third Tuesday of each month at 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. 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 concer ning 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 Co mmission 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 C ommunity Development Department at 470-3402 at least 24 hours prior to the meeting. Digital presentations brought to the meeting should be on a USB drive or CD. You are required to submit to the Recording Secretary a printed copy of your presentation for the record. Please check in with the Recording Secretary before the meeting begins to announce your presence and turn in the printed copy. The Chairperson will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Commission. September 2, 2003 Page 1 of 20 Atascadero Planning Commission Staff Report - Community Development Department Alfredo R. Castillo, AICP, Planner, 805-470-3436, acastillo@atascadero.org PLN 2011-1392 Amendment to Conditional Use Permit 2001-0043 Recreational Vehicle Sales 2850 El Camino Real (Frederick / Pacific Coast RV) SUBJECT: The proposed project consists of an application to amend Conditional Use Permit 2001 - 0043 and allow additional used automotive sales on-site. RECOMMENDATION: Staff Recommends: The Planning Commission adopt Resolution PC 2015-0006 approving an Amendment to Conditional Use Permit 2001-0043 based on findings and subject to Conditions of Approval. Situation and Facts 1. Applicant: Shaun Brewer, Pacific Coast RV, Inc., 901 E. Ocean Ave., Lompoc, CA 93436 2. Property Owner: Michael Frederick, PO Box 573, Atascadero, CA 93423 3. Project Address: 2850 El Camino Real, Atascadero, CA 93422 APN 049-201-048 4. General Plan Designation: Commercial Park (CPK) 5. Zoning District: Commercial Park (CPK) 6. Site Area: 1.49 acres ITEM NUMBER: 1 DATE: 4-7-15 7. Existing Use: Recreational Vehicle (RV) Sales Lot 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration (2002-0040) for CUP 2001-0043 DISCUSSION: Background A Conditional Use Permit (CUP 2001-0043) was approved by the Planning Commission on January 21, 2003, to allow the construction of a 30,250 sf commercial “mini storage” building, 4,000 square feet of office buildings, 80-foot mono-pine cellular tower, parking lot and landscaping on the subject site at 2850 El Camino Real. On February 21, 2006, the Conditional Use Permit (CUP) was amended to allow additional antennas at the existing cellular phone tower site. The site was graded; frontage improvements were installed and landscaped, and the Phase I cellular tower installed per the approved CUP. Neither the office building, nor the mini storage in the subsequent phases is proposed for construction at this time. In February 2011, the Planning Commission approved a CUP Amendment to allow a manufactured home sales lot at the location. In February 2015, the Planning Commission approved an RV sales lot, as the manufactured home site was vacated. Pacific Coast RV has operated at this site since March of 2015. The RV dealership approached City staff in regards to expanding their use to allow for additional used / consignment automotive sales. These would be in addition to the RV sales that are already occurring on-site. Based on the previous conditions of approval, staff determined that an Amendment to the CUP was required to allow for the additional automotive sales. Surrounding Land Use and Setting: North: Residential Suburban (RS) South: Highway 101 East: Commercial Park (CPK) West: Commercial Park (CPK) Aerial Photo ANALYSIS: The proposed project consists of a request to amend the existing CUP to allow both used / consignment automotive sales in addition to recreation vehicle sales at 2850 El Camino Real. Recreation vehicle sales fall under the definition of “automobile dealer ” per the Atascadero Municipal Code (AMC) 9 -3.701. Auto dealers are listed as a conditional use in the Commercial Park (CPK) zoning district. Since the site did not meet the City’s standards for an automobile dealership lot, staff conditioned the project to be limited to the sales of new and used recreation vehicles and trailers, and not allow the sales of automobiles and trucks as a part of the RV sales lot approval in 2014. 2850 El Camino Real Subject Parcel CUP 2001-0043 Existing Site Conditions The site is approximately one and a half (1.5) acres in size. The site has been improved as an outdoor sales lot with a gravel base and manufactured office building with parking, drainage, landscaping and an accessible route of travel to El Camino Real. The site has been improved with landscaping along the El Camino Real and US 101 frontages. An existing “mono-pine” cellular phone tower has been built per the original CUP and is fully operational. Public improvements have already been completed as a part of the original CUP approval. That included the installation of curb, gutter and sidewalk adjacent to the subject property. RV Sales Lot Proposed Site Plan Modifications The applicant is not proposing any modifications to the proposed site plan to accommodate the additional used automotive sales on -site. The applicant has identified locations to display the vehicles on their proposed site plan. In addition, the applicant has limited the amount of on-site autos to be displayed on-site to a maximum of five (5) used automobiles. The Atascadero Municipal Code (AMC) provides standards for auto and vehicle dealerships. Specifically the code cites standards for site surfacing: 9-6.163 Auto and Vehicle Dealerships (f) Site Surfacing. Auto dealer display lots shall be surfaced with concrete or A.C. paving. All vehicle drive areas, service areas and customer parking areas are to be paved with concrete, asphalt or masonry paving units, including vertically-oriented concrete block with the block cells planted with grass. Crushed rock will be allowed for vehicle storage areas on the rear half of the lot that are not accessible to the general public. The site continues to consist of crushed gravel for the display of RV sales. To meet the intent of the code, staff is conditioning the applicant to provide paving with either concrete or asphalt in the area shown below for consistency with AMC Section 9-6.163. This would also provide for consistency with accessibility requirements for the Federal Americans with Disability Act, National Ambient Air Quality Standards and the California Building Code. Staff recommends that the minimum paved area be 810 square feet (sf), which is approximately five (5) parking spaces at 9-feet x 18-feet, consistent with the City’s parking design standards. A building permit will be required to review drainage and ensure compliance with the CUP. Proposed Auto sales Site Plan – Auto Display Area Based on a site visit, RV sales are occurring in locations not identified in the site plan, therefore, a condition to ensure that RV displays are located in areas identified in the conditions of approval. Area to be paved for auto sales. Min area 810 sf Signage The amended CUP from February 2014 contained conditions to obtain a building permit on signage, as well as, conditions regarding the aesthetics of the monument signage. The applicant has yet to obtain those permits but has installed monument signage. While obtaining a permit had been cost prohibitive, the C ity recently adopted reduced signage fees to which the applicant may take advantage of. Staff has included a modified condition requiring the applicant to submit for building permits within 60 -days of the amended CUP approval. Previously Conditioned Signage Existing Monument Conditioned Signage Uses The site is currently entitled to the construction of 30,250 square feet of mini -storage buildings, 4,000 square feet of commercial office buildings, and 12 panel antennas and twelve (12) Tower Mounted Amplifiers (TMAs) associated with an 80-foot monopine cellular phone tower. Associated on-site improvements with these uses included landscaping and parking lots. The 80-foot monopine cellular tower and landscaping improvements have been completed on-site as Phase 1. The Planning Commission previously allowed the approved uses remain valid for CUP 2001-0043 in addition to the RV sales lot that is currently being occupied. Any submitted building plans for these uses would have to be consistent with approved site plans a nd be consistent with adopted building codes at the time of submittal. Findings for a Conditional Use Permit The Planning Commission must make the following five findings in order to approve a CUP for the manufactured home sales lot within the commercial tourist zone. If the Commission chooses to deny the project, site specific findings for denial must be sited. 1. The proposed project or use is consistent with the General Plan . Staff Comment: The proposed use is consistent with the City’s adopted General Plan. 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance). Staff Comment: As conditioned with the paved used automobile display area, the proposed use satisfies all applicable provisions of the City’s Zoning Ordinance. 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 perso ns 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 additional use will not be a detriment to the health, safety, and welfare of the community. 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 use is consistent with the character of the immediate neighborhood. 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 use will not generate a volume of traffic beyond the safe capacity of roadways. Based on staff’s analysis in the preceding sections and the conditions in the attached resolution, all of the required findings for approval of a Conditional Use Permit can be made. ENVIRONMENTAL DETERMINATION: Staff considers the proposed project is consistent with Certified Mitigated Negative Declaration (2002-0040) for CUP 2001-0043. The consistency finding can be made due in part because the Mitigated Negative Declaration for CUP 2001 -0043 analyzed impacts for a commercial use with over 30,000 sf of indoor storage/office uses, parking and other impervious surface areas. CONCLUSION: The applicant is proposing a maximum of five automobile displays in addition to existing recreation vehicle sales dealership. The proposed project is consistent with the General Plan and Atascadero Municipal Code. Based on the above analysis and incorporated conditions, staff believes that the findings for approval of a Conditional Use Permi t can be made. ALTERNATIVES: 1. The Commission may recommend 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: Aerial Photo Attachment 3: Proposed Site Plan Attachment 4: Applicant Letter Attachment 5: 2003 Notice of Determination Attachment 6: Draft Resolution PC 2015-0006 Attachment 1: Location Map, General Plan and Zoning Zoning: Commercial Park (CPK) General Plan Designation: Commercial Park (CPK) Project Site 2850 El Camino Real Attachment 2: Aerial Photo Project Site 2850 ECR Attachment 3: Proposed Site Plan Proposed Auto sales Attachment 4: Applicant Letter ATTACHMENT 5: 2003 Notice of Determination ATTACHMENT 6: Draft Resolution PC 2015-0006 DRAFT RESOLUTION PC 2015-0006 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT 2001-0043 TO ALLOW A MAXIMUM OF FIVE (5) USED AUTOMOBILE DISPLAYS IN ADDITION TO RECREATION VEHICLE SALES AT 2850 EL CAMINO REAL APN 049-201-048 (Pacific Coast RV / Frederick) WHEREAS, an application has been received from the Applicant, Pacific Coast RV, Inc., 901 E. Ocean Ave., Lompoc, California 93436 (Shaun Brewer) and Property Owner, Michael Frederick (PO Box 573, Atascadero, CA 93423) to consider an Amendment to an existing Conditional Use Permit (CUP 2001-0043); to establish a recreation vehicle dealership at 2850 El Camino Real and, WHEREAS, the site’s General Plan Designation is Commercial Park (CPK); and, WHEREAS, the site’s Zoning is Commercial Park (CPK); and, WHEREAS, a Conditional Use Permit is required to establish a vehicle dealership within the Commercial Park zone; and, WHEREAS, an amendment to approve an existing Conditional Use Permit establishing a vehicle dealership within the Commercial Park zone was approved on February 4, 2014 for RV sales only; and, WHEREAS, the applicant is requesting additional used automotive sales, limited to a maximum of five (5) automobiles to be displayed in addition to the existing RV sales; and, WHEREAS, CUP 2001-0043 was previously approved on this site for an office and mini-storage use; and, WHEREAS, the proposed project is consistent with adopted Mitigated Negative Declaration 2002-0040 for CUP 2001-0043; 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 Minor 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 April 7, 2015, studied and considered the amendment to Conditional Use Permit 2001-0043, and, NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings of Environmental Consistency. The Planning Commission finds as follows: 1. The proposed project is consistent with adopted Mitigated Negative Declaration 2002- 0040, thereby fulfilling the California Environmental Quality Act. SECTION 2. Findings for approval of Minor Conditional Use Permit. The Planning Commission finds as follows: 1. The proposed project or use is consistent with the General Plan and the City’s Appearance Review Manual; 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 i n 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 April 7, 2015 resolved to approve the Amendment to Conditional Use Permit 2001-0043 subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Site Plan EXHIBIT B-1: Subsequent Phases EXHIBIT C: Landscape Plan EXHIBIT D-1 & D-2: Signage Plan EXHIBIT E: Office Architecture EXHIBIT F: Original CUP 2001-0043 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 ______________________________ Jan Wolff Planning Commission Vice Chairperson Attest: ______________________________ Robert A. Lewis Interim Planning Commission Secretary EXHIBIT A: Conditions of Approval Pacific Coast RV (PLN 2011-1392/CUP 2001-0043) Conditions of Approval PLN-2011-1392 / CUP 2001-0043 Pacific Coast RV / Used Auto Sales 2850 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 Mitigation Measure Planning Department Standard Conditions 1. This Amendment to Conditional Use Permit 2001-0043 shall be for a recreation vehicle dealership described on the attached exhibits (B,C, D, E) and located on parcel 049-201-048 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 / FM 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 business license to operate. BP / FM 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 Planning Department Specific Conditions 6. All previous Conditions of Approval adopted with CUP 2001- 0043 and the Mitigated Negative Declaration are hereby incorporated by reference. a) The following uses on the site plan CUP 2001-0043 shall be allowed as subsequent phases to the sales lot: Phase 3) 4,000 sf Office Buildings Ongoing PS Conditions of Approval PLN-2011-1392 / CUP 2001-0043 Pacific Coast RV / Used Auto Sales 2850 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 Mitigation Measure Phase 4) 30,250 sf mini-storage. 7. The sales office structure shall be consistent with Exhibit E and the following: a) Exterior shall be painted earth tone color(s) as approved by staff. b) Building signs shall be wall mounted. BP PS 8. The site shall be limited to the sale of new and used Recreational Vehicles and Trailers. The sale, display and/or storage of new or used automobiles and light trucks are not permitted under this conditional use permit shall be limited to a maximum of five (5) new/used automobiles / light trucks and shall be located in a display area that must be paved consistent with the Atascadero Municipal Code section 9- 6.163(f), Automobile and vehicle dealerships, or successor ordinance. A minimum paved area of 810 square feet shall be required and building permit shall be approved and finaled prior to display of automobiles on-site as shown in Exhibit B. On-going PS 9. All roof mounted equipment shall be screened from public view. BP PS 10. A trash storage enclosure is required for all trash bins and recycling bins. The enclosure shall be covered and consist of either wood or masonry material. BP PS 11. The applicant shall replace all landscaping and irrigation as needed to be consistent with the landscape concept plan in exhibit D. BP PS 12. .The applicant shall submit a sign permit with signage consistent with Exhibits D1 and D2 within 60-days of CUP amendment approval, dated April 7, 2015. BP PS 13. All RV sales display areas shall be limited to the areas shown in exhibit B-1 BP PS Building Division Conditions 14. Maintain an accessible path of travel from the proposed sales office to any furnished model units that are used as “model homes” to be toured by the public. BP, FI BS EXHIBIT B: Site Plan (PLN 2011-1392/CUP 2001-0043) Phase 2 Recreation vehicle display area Phase 1 Cell Tower Phase 2 Recreation vehicle display area Phase 2 Paved used / new automotive sales area max. 5 cars / light truck display EXHIBIT B1: Subsequent Phases (PLN 2011-13912/CUP 2001-0043) Phase 4: Mini-storage Phase 3: Office Bldgs Phase 1 Cell Tower Complete EXHIBIT C: Landscape Plan (PLN 2011-13912/CUP 2001-0043) EXHIBIT D-1: El Camino Real Signage Plan (PLN 2011-1392/CUP 2001-0043) El Camino Real sign Sign to have decorative base, cap and landscaping EXHIBIT D-2: US 101 Signage Plan (PLN 2011-1392/CUP 2001-0043) US 101 sign Sign to have decorative posts with frame and cap. Paint to be an earth tone color Maximum height: 20 feet Maximum sign area: 50 square feet Exhibit E: Sale Office Architecture Building to be painted earth tone colors. Exhibit F: Original CUP Approval (PLN 2011-1392/CUP 2001-0043) FINAL RESOLUTION NO. PC 2003-0008 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING CONDITIONAL USE PERMIT 2001-0043 A REQUEST BY MICHAEL FREDERICK TO CONSTRUCT A 30,250 +/- SQUARE-FOOT COMMERCIAL STORAGE CENTER, AND A 2,450 AND 1,550 SQUARE-FOOT COMMERCIAL OFFICE BUILDING, PARKING LOT, LANDSCAPING, AND UTILITIES IN THE COMMERCIAL PARK ZONING DISTRICT. (2850 El Camino Real, Atascadero, 93422, APN’S 049-201-021 & 010, Project Representative: Joe Elkins) WHEREAS, an application has been received from Michael Frederick, P.O. Box 573, Atascadero, CA 93423 (Property Owner and Applicant), to consider Conditional Use Permit 2001-0043, allowing the construction of an approximately 30,250 square-foot commercial storage building and a 2,450 and 1,550 square-foot commercial office building at 2850 El Camino Real, Atascadero, 93422, APN 049-201-021 & 049-201-010; and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2002-0040 were 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 of the City of Atascadero held a public hearing following the close of the review period for the Initial Study and Draft Mitigated Negative Declaration to consider its adequacy; and, 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 2002-0040 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, when mitigation measures are implemented; and, 3. The project will not achieve short-term to the disadvantage of long-term environmental goals, when mitigation measures are implemented; and, 4. The project does not have impacts which are individually limited, but cumulatively considerable, when mitigation measures are implemented; and, 5. The project will not cause substantial adverse effects on human beings either directly or indirectly, when mitigation measures are implemented. 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; and, 2. The proposed project satisfies all applicable provisions of the Zoning Ordinance; and, 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 of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and, 4. The proposed project will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development; and, 5. The proposed project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from the full development in accordance with the Land Use Element. SECTION 3. Findings for Approval of Native Tree Removal The multi-trunk 24-inch live oak tree is obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from the site planner and determined by the Community Development Department based on the following factors: a. Early consultation with the City, b. Consideration of practical design alternatives, c. Provision of cost comparisons (from applicant) for practical design alternatives, d. Saving the tree eliminates all reasonable use of the property, or e. Saving the tree requires the removal of more desirable trees. BE IT FURTHER RESOLVED, that the Planning Commission does hereby approve Conditional Use Permit 2001-0043 allowing the construction of approximately 30,250 square- foot commercial storage buildings, a 2,450 and 1,550 square-foot commercial office building, parking lot, landscaping, and utilities at 2850 El Camino Real, Atascadero, 93422, APN 049 - 201-021 & 049-201-010; and, consistent with the following Exhibits: EXHIBIT A: Conditions of Approval EXHIBIT B: Site Plan EXHIBIT C: Landscape Plan EXHIBIT D: Landscape Plan EXHIBIT E: Elevations EXHIBIT F: Color and Materials Board EXHIBIT G: Trash Enclosure EXHIBIT H: Grading and Drainage Plan On motion by Commissioner Kelley, and seconded by Commissioner Eddings the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: Chairman Bentz, Commissioners Eddings, Kelley, and Porter (4) NOES: Commissioners Jones, and Fonzi (2) ABSENT: None (0) ABSTAIN: None (0) ADOPTED: January 21, 2003 CITY OF ATASCADERO, CA ______________________________ David Bentz, Planning Commission Chairperson Attest: ______________________________ Warren Frace Community Development Director EXHIBIT A: Conditions of Approval Final PC Resolution 2003-0008 CUP 2001-0043 Conditions of Approval / Mitigation Monitoring Program CUP 2001-0043 2850 El Camino Real Commercial Storage Center 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 Planning Services 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) 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 granting of this Conditional Use Permit shall apply to APN 049-201-021 & 049-201-010, regardless of owner. Ongoing PS 4. 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 5. All exterior lighting shall consist of decorative full cut off (shoebox) lighting fixtures with flat or recessed lens. Parking lot lights will be shielded to prevent off site glare. Building wall-pac lights are not permitted. BP/FO PS 1.D 6. Two bicycle storage racks shall be provided for the commercial site. The bike racks shall be located in a convenient and secure location. BP/FO PS 3.C. 7. A reciprocal access, utility, and parking easement shall be recorded for the site. BP PS 8. All roof mounted equipment shall be screened from public view Ongoing PS 9. All electrical meters and utility equipment shall be painted to match the building and screened with landscaping. BP/FO PS Conditions of Approval / Mitigation Monitoring Program CUP 2001-0043 2850 El Camino Real Commercial Storage Center 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 10. The landscape plan for the U.S. Highway 101 corridor shall conform to the CalTrans / City of Atascadero landscape encroachment template. The applicant shall receive the proper permits from Caltrans prior to installing the plant material. FO PS 11. The applicant shall apply for and receive approval of an Administrative Use Permit for a Master Sign Program for site signage. Prior to signage on the site PS Building/Safety/Fire Marshall Conditions 12. Plans and Construction shall be in conformance with the 2001 California Building Code, 2001 California Mechanical Code, 2001 California Plumbing Code, 2000 California Electrical Code, 2001 California Fire Code, 2001 Model Energy Code and the Atascadero Municipal Code City Engineer Project Conditions 13. This project will connect to the existing storm drain that drains on to the site as shown on the plans. The flow will be allowed to continue to flow through the site to the Caltrans right-of-way. 14. No Building or structures shall be constructed over the storm drain as shown on the plans. The plans will be revised to allow for access and maintenance over the entire storm drain crossing the site 15. The easement recently granted to the adjoining property to the north will be show on the construction documents. The plans shall be designed to allow the construction of the proposed 16. The applicant shall provide the City with written approval of the encroachment and the drainage calculations of the storm drain in the CalTrans right-of-way. 17. Drainage calculations are required per Section 5 of Atascadero Engineering Standards. Submit calculations to support the design of any structures or pipes. Closed conduits shall be designed to convey the 10-year flow with gravity flow, the 25-year flow with head, and provide safe conveyance for the 100 year overflow 18. Obtain approval by the City Engineer of the grading & drainage plan and the storm drain design & facilities Conditions of Approval / Mitigation Monitoring Program CUP 2001-0043 2850 El Camino Real Commercial Storage Center 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. Show the method of dispersal at all pipe outlets. Include specifications for size & type. 20. A 15-foot public drainage easement will be granted to the City for the storm drain prior to the issuance of a building permit. Public Improvements 21. Full frontage improvements are required with this development. These include curb, gutter, sidewalk and pave out. Transitions for drainage, public pedestrian access and road widening, on both ends of the property on El Camino Real, shall be per City standards. Public Improvement plans shall be submitted detailing the design. A Licensed Civil Engineer will sign the plans 22. All public improvements shall be constructed in conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. Wastewater 23. The sewer main in El Camino Real is not yet constructed. A City project has started to construct the main. The buildings on the site will not be occupied until the system is completed 24. This project shall connect to City sewer. The design and construction of the connection shall follow all City standards. All fees and reimbursements shall be paid at the time of permit issuance. Applicant shall pay sewer extension (annexation) fees upon issuance of building permit. Sewer Connection and Reimbursement fees shall be payable upon actual connection of the buildings to the public sewer system. 25. A backflow protection device shall be on all connections, as shown on the project plans 26. Drainage piping serving fixtures which have flood level rims located below the elevation of the next upstream manhole cover of the public sewer serving such drainage piping shall be protected from backflow of sewage by installing an approved type backwater valve. Fixtures above such elevation shall not discharge through the backwater valve On-Site Circulation 27. An easement for access across the front parcel to the rear parcel shall be granted if the parcels are under different Conditions of Approval / Mitigation Monitoring Program CUP 2001-0043 2850 El Camino Real Commercial Storage Center 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 ownership. City Engineer Standard Conditions 28. The applicant shall enter into a Plan Check & Inspection agreement with the City BP CE 29. The applicant shall be responsible for the protection, relocation and/or alteration of existing utilities. 30. The applicant shall install all new utilities (water, gas, electric, cable TV and telephone) underground. 31. The applicant shall monument all property corners for construction control and shall promptly replace them if disturbed. 32. Prior to issuance of building permits, the applicant shall submit a grading and drainage plan with a separate sheet(s) devoted to sedimentation and erosion control, prepared by a registered civil engineer for review and approval by the City Engineer. 33. Prior to the final inspection, all outstanding plan check and inspection fees shall be paid. 34. 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). 35. Prior to the issuance of building permits, the applicant shall submit plans showing the water distribution facilities required to serve the project for review and approval by the Atascadero Mutual Water Company. 36. The plans shall show all facilities required for fire protection. The plans shall show all cross-connection devices required to isolate the fire protection and landscape irrigation systems from the domestic water system. Prior to approval of the water system plans by Atascadero Mutual Water Company, the applicant shall pay all installation and connection fees required by the Atascadero Mutual Water Company 37. Prior to the issuance of building permits, the applicant shall obtain a “Will Serve” letter from the Atascadero Mutual Water Company. Conditions of Approval / Mitigation Monitoring Program CUP 2001-0043 2850 El Camino Real Commercial Storage Center 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 38. All water distribution facilities shall be constructed in conformance with Atascadero Mutual Water Company standards, policies and approved procedures. All cross- connection devices shall be constructed in conformance with AWWA and Department of Health Services standards. EXHIBIT B: Site Plan Final Resolution PC 2003-0008 CUP 2001-0042 EXHIBIT C: Landscape Plan Final Resolution PC 2001-052 CUP 2001-0042 EXHIBIT D: Landscape Plan Final Resolution PC 2003-0008 CUP 2001-0042 EXHIBIT E: Architectural Elevations Final Resolution PC 2003-0008 CUP 2001-0042 EXHIBIT F: Color and Material Board Final Resolution PC 2003-0008 CUP 2001-0042 EXHIBIT H: Grading and Drainage Plan Final Resolution PC 2003-0008 CUP 2001-0042 t:\- 11 plns\pln 2011-1392 cup sales lot macy homes\amendment 4 - feb 2015\pln 2011-1392-2014 sales lot amendment#4.pc-sr.docx September 2, 2003 Page 1 of 20 Atascadero Planning Commission Staff Report - Community Development Department Nichole Garner, Planning Intern, 470-3470, ngarner@atascadero.org Alfredo R. Castillo, AICP, Planner, 470-3436, acastillo@atascadero.org PLN 2099-0303 Amendment to CUP 2001-0039 Carlton Telecommunications Facility 6005 El Camino Real (Knight / Carlton Properties LLC.) SUBJECT: The proposed project consists of an Amendment to CUP 2001-0039 to allow additional wireless communication antennas and equipment on the roof of the Carlton Hotel. The project proposes the installation of one (1) new BBU kit, three (3) new antennas, three (3) RRHs, hybrid cables and jumpers and four (4) batteries, in addition to previously approved wireless communication equipment. RECOMMENDATION: Staff Recommends Planning Commission: Adopt Resolution PC 2015-0008 approving an Amendment to Conditional Use Permit 2001-0039 to allow improvements to the wireless telecommunications facility at APN 029-342-023, based on findings and subject to Conditions of Approval and Mitigation Monitoring. Situation and Facts 1. Applicant: Tricia Knight 123 Seacliff Dr. Pismo Beach, CA 93449 2. Property Owner: Carlton Properties, LLC. 6005 El Camino Real Atascadero, CA 93422 ITEM NUMBER: 2 DATE: 4-7-15 t:\- pre 06 plns (old planning docs)\- cup - conditional use permits\cup 01\cup 2001-0039 sprint-carlton\2015 amendment\planning commission\pln 2099-0303.pc-sr.docx 3. Project Address: 6005 El Camino Real, Atascadero, CA 93422 (APN 029-342-023) 4. General Plan Designation: Downtown (D) 5. Zoning District: Downtown Commercial (DC) 6. Site Area: 0.45 acres 7. Existing Use: Lodging Facility 8. Environmental Status: Project is consistent with Certified Mitigated Negative Declaration 2002-0013 DISCUSSION: Surrounding Land Use and Setting: North: Downtown Commercial (DC) East: Downtown Commercial (DC) South: Downtown Commercial (DC) West: Downtown Commercial (DC) t:\- pre 06 plns (old planning docs)\- cup - conditional use permits\cup 01\cup 2001-0039 sprint-carlton\2015 amendment\planning commission\pln 2099-0303.pc-sr.docx Background In 2002, CUP 2001-0039 approved the installation of an unmanned telecommications facility on the roof of the Carlton Hotel. The project included the installation of two (2) roof-mounted 56x28-inch equipment cabinets, three (3) PCS panel antennas, related cabling and ancillary equipment. The three (3) antennas that were approved included a 40-inch, 145-inch, and 310-inch antenna. The project was approved by the Planning Commission on May 21, 2002 and with construction completed on February 2, 2004. 2001 Antenna Location Elevations Concealed 310-inch antenna 145-inch antenna location On January 21, 2014, a building permit application was submitted for the removal and replacement of three (3) panel antennas, two (2) battery cabinets, and one (1) GPS antenna. Similar to other wireless communication facilities within the City, wireless service providers are replace antennas with the Long Term Evolution (LTE) technology that delivers digital audio transmission, as well as, faster upload and download times for celluar phones that are equiped with data capabilities. The replacement atten na project was completed July 17, 2014. ANALYSIS: Proposed CUP Amendment On November 24, 2014, the most current building permit application was submitted for the installation of one (1) new BBU kit, three (3) new antennas, three (3) RRHs, hybrid cables and jumpers and four (4) batteries. These intallations would be in addition to t:\- pre 06 plns (old planning docs)\- cup - conditional use permits\cup 01\cup 2001-0039 sprint-carlton\2015 amendment\planning commission\pln 2099-0303.pc-sr.docx those completed July 2014. Based on the building permit submittal, it was determined that an additional entitlement would be required in order to install the proposed communication equipment. The applicant proposes updating CUP 2001-0039 to allow these improvements and additional antennas to the existing wireless communications facility on the roof of the Carlton Hotel. Visual Impacts The project site is not highly visible from the near-by multi-family properties or from motorists and/or pedestrians at the intersection of Traffic Way and El Camino Real, however, the site may be visible at a moderate distance from the Carlton. As with existing antennas, proposed antennas will be disguised into the roofline by using a combination of horizontal placement along roof/eave- lines, and concealment using existing towers. All equipment cabinets proposed will be screened or blended with the existing architectural elements of the building. Mitigated Negative Declaration 2002- 0013 requires that all equipment shelters, antenna poles, antenna panels and other associated cabling be painted with colors matching the architectural features of the Carlton Hotel. All colors will be approved by the Community Development Department. This condition will remain to ensure consistency with the existing wireless facility. Proposed antenna and RRH Looking West from Entrada Ave Looking East from El Camino Real Proposed new cabinet with screen Looking south from El Camino Real t:\- pre 06 plns (old planning docs)\- cup - conditional use permits\cup 01\cup 2001-0039 sprint-carlton\2015 amendment\planning commission\pln 2099-0303.pc-sr.docx Environmental Review The proposed CUP Amendment is consistent with the Certified Mitigated Negative Declaration (MND) that was originally prepared in 2002 for the wireless communications facility. The 2002 MND considered the installation of two (2) equipment cabinets, three (3) PCS panel antennas, related cabling and ancillary equipment. The MND includes mitigation measures addressing potential impacts to aesthetics and noise. The proposed additions to the wireless facility are consistent with the original project scope for CEQA purposes. With the additional new proposed wireless tower, the original environmental review is adequate as no new impacts that require mitigation are expected. No significant environmental impact will be created with the proposed additional antennas. Conditional Use Permit Amendment Findings The CUP process provides the opportunity for the public and the Planning Commission to review the specifics of land use proposals, such as the appropriatene ss 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 the proposed CUP Amendment: 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. View from Traffic Way t:\- pre 06 plns (old planning docs)\- cup - conditional use permits\cup 01\cup 2001-0039 sprint-carlton\2015 amendment\planning commission\pln 2099-0303.pc-sr.docx Staff Comment: The wireless facility at this location is consistent with the Downtown Commercial designation of the General Plan and the General Plan Land Use Element Goals. The proposed additional equipment complies with the original conditions of approval. 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 of 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 wireless telecommunications facility improvements, located on an existing structure, 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 project will not change the existing structure’s facade. All antennas and equipment will be shielded from frontage views. 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 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 the CUP Amendment can be made. Conclusion: The applicant has submitted an amendment to CUP 2001 -0039 for the addition of new antennas and equipment for the wireless telecommunications facility on the roof of the Carlton Hotel. Based on the above analysis and incorporated conditions, staff believes that the findings for approval of the CUP amendment can be made. t:\- pre 06 plns (old planning docs)\- cup - conditional use permits\cup 01\cup 2001-0039 sprint-carlton\2015 amendment\planning commission\pln 2099-0303.pc-sr.docx 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: Aerial Photo Attachment 3: Site Plan Attachment 4: Elevations Attachment 5: 2002 Certified Mitigated Negative Declaration Attachment 6: Draft Resolution PC 2015-0008, CUP Amendment t:\- pre 06 plns (old planning docs)\- cup - conditional use permits\cup 01\cup 2001-0039 sprint-carlton\2015 amendment\planning commission\pln 2099-0303.pc-sr.docx ATTACHMENT 1: Location Map, General Plan and Zoning Zoning: Downtown Commercial (DC) General Plan Designation: Downtown (D) 6005 El Camino Real t:\- pre 06 plns (old planning docs)\- cup - conditional use permits\cup 01\cup 2001-0039 sprint-carlton\2015 amendment\planning commission\pln 2099-0303.pc-sr.docx ATTACHMENT 2: Aerial Photo Project Site t:\- pre 06 plns (old planning docs)\- cup - conditional use permits\cup 01\cup 2001-0039 sprint-carlton\2015 amendment\planning commission\pln 2099-0303.pc-sr.docx ATTACHMENT 3: Site Plan t:\- pre 06 plns (old planning docs)\- cup - conditional use permits\cup 01\cup 2001-0039 sprint-carlton\2015 amendment\planning commission\pln 2099-0303.pc-sr.docx ATTACHMENT 4: Elevations t:\- pre 06 plns (old planning docs)\- cup - conditional use permits\cup 01\cup 2001-0039 sprint-carlton\2015 amendment\planning commission\pln 2099-0303.pc-sr.docx ATTACHMENT 5: Mitigation Monitoring Program Certified Mitigated Negative Declaration 2002-0013 CUP 2001-0039 See Attached t:\- pre 06 plns (old planning docs)\- cup - conditional use permits\cup 01\cup 2001-0039 sprint-carlton\2015 amendment\planning commission\pln 2099-0303.pc-sr.docx ATTACHMENT 6: Draft Resolution PC 2015-0008: Amendment to Conditional Use Permit DRAFT RESOLUTION PC 2015-0008 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA APPROVING AN AMENDMENT TO CUP 2001-0039 TO ALLOW IMPROVEMENTS TO THE EXISTING WIRELESS TELECOMMUNICATIONS FACILITY ON APN 029-342-023 (Knight / Carlton Properties LLC.) WHEREAS, an application has been received from Tricia Knight, 123 Seacliff Dr., Pismo Beach, CA 93449, (Applicant) and Carlton Properties, LLC, 6005 El Camino Real, Atascadero, CA 93422, (Owner) to consider a project consisting of an Amendment to Conditional Use Permit 2001-0039 to improvements to the wireless telecommunications facility on a 0.45 acre parcel at 6005 El Camino Real (APN 029-342-023); and, WHEREAS, the site’s current General Plan Designation is Downtown (D); and, WHEREAS, the site’s current zoning district is Downtown Commercial (DC); and, WHEREAS, there is an existing Conditional Use Permit for a wireless communications facilities at the above address; and, WHEREAS, the proposed amendments are consistent with the previously certified 2002 Mitigated Negative Declaration prepared for the project and no significant environmental impact will be created; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Amendment; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on April 7, 2015, studied and considered amendments to CUP 2001-0039, after first studying and considering the Certified Mitigated Negative Declaration prepared for the project; and, NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: t:\- pre 06 plns (old planning docs)\- cup - conditional use permits\cup 01\cup 2001-0039 sprint-carlton\2015 amendment\planning commission\pln 2099-0303.pc-sr.docx SECTION 1. Findings for Approval of CUP 2001-0039 Amendment. The Planning Commission finds as follows: 1. The proposed project or use is consistent with the General Plan and the City’s Appearance Review Manual; 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; and, SECTION 2. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on April 7, 2015, resolved to approve the following amendments to Conditional Use Permit 2001-0039: EXHIBIT A: Certified Mitigated Negative Declaration 2002-0013 EXHIBIT B: Amended Conditions of Approval EXHIBIT C: Site Plan EXHIBIT D: Elevations t:\- pre 06 plns (old planning docs)\- cup - conditional use permits\cup 01\cup 2001-0039 sprint-carlton\2015 amendment\planning commission\pln 2099-0303.pc-sr.docx 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 ______________________________ Jan Wolff Planning Commission Vice Chairperson Attest: ______________________________ Robert A. Lewis Interim Planning Commission Secretary t:\- pre 06 plns (old planning docs)\- cup - conditional use permits\cup 01\cup 2001-0039 sprint-carlton\2015 amendment\planning commission\pln 2099-0303.pc-sr.docx EXHIBIT A: Certified Mitigated Negative Declaration 2002-0013 t:\- pre 06 plns (old planning docs)\- cup - conditional use permits\cup 01\cup 2001-0039 sprint-carlton\2015 amendment\planning commission\pln 2099-0303.pc-sr.docx EXHIBIT B: Conditions of Approval CUP 2001-0039 Conditions of Approval / Mitigation Monitoring Program CUP 2001-0039: 6005 El Camino Real APN 029-342-023 Timing GP: Grading Permit BP: Building Permit TO: Temporary Occupancy FI: Final inspection 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 AMWC: Water Comp. Mitigation Measure Planning Department Standard Conditions 1. This Conditional Use Permit shall be for 6005 El Camino Real described on the attached exhibits and located on Assessor Parcel Number (APN) 029-342-023 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. BP / FM 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. BP / FM 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 Planning Department Project Conditions 6. All antenna and cabinet locations must be consistent with Exhibit C. BP PS 7. Cabinet colors shall match existing building façade and colors prior to building permit final. BP PS t:\- pre 06 plns (old planning docs)\- cup - conditional use permits\cup 01\cup 2001-0039 sprint-carlton\2015 amendment\planning commission\pln 2099-0303.pc-sr.docx Conditions of Approval / Mitigation Monitoring Program CUP 2001-0039: 6005 El Camino Real APN 029-342-023 Timing GP: Grading Permit BP: Building Permit TO: Temporary Occupancy FI: Final inspection 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 AMWC: Water Comp. Mitigation Measure 8. Cellular provider shall be limited to that area which is shown on Exhibit C and D. Co-location for additional wireless carriers will be required to obtain approval of a separate Conditional Use Permit. On-Going PS Building Division Conditions 9. A building permit is required. All submitted plans shall be in conformance with the adopted building code at the time of building permit submittal. BP/GP BS Mitigation Measures Mitigation Measure 1.c.) All equipment shelters, antenna poles, antenna panels and other associated cabling shall be painted with colors matching the architectural features of the newly remodeled building. All colors are to be approved by the Community Development Department and shall be provided on color samples for submittal to the Planning Commission for a public hearing. BP PS/BS 1.c. Mitigation Measure 11.b.) The applicant shall provide an acoustical analysis verifying that the project will be in compliance with standards for permanent ambient noise levels outlined in the Atascadero Noise Ordinance prior to building permits for the project BP PS/BS 11.b. t:\- pre 06 plns (old planning docs)\- cup - conditional use permits\cup 01\cup 2001-0039 sprint-carlton\2015 amendment\planning commission\pln 2099-0303.pc-sr.docx EXHIBIT C: Site Plan t:\- pre 06 plns (old planning docs)\- cup - conditional use permits\cup 01\cup 2001-0039 sprint-carlton\2015 amendment\planning commission\pln 2099-0303.pc-sr.docx EXHIBIT D: Elevations