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HomeMy WebLinkAboutPC_2015-10-06_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, October 6, 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, October 6, 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 (All items on the consent calendar are considered to be routine and non-controversial by City Staff and will be approved by one motion if no member of the Commission or public wishes to comment or ask questions.) 1. APPROVAL OF DRAFT ACTION MINUTES OF AUGUST 4, 2015 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 Pe rmits, 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. PLN 2015-1565, CONDITIONAL USE PERMIT 2015-0294 FOR 9900 EL CAMINO REAL (DRIVE-THROUGH) Property Owner/Applicant: David Silva, 490 Vaquero Road, Templeton, CA 93465 Project Title: PLN 2015-1565 / CUP 2015-0294 Project Location: 9900 El Camino Real, Atascadero, CA 93422 (San Luis Obispo County) APN 056-081-031 Project Description: The project consists of an application for a Conditional Use Permit to allow the use of an existing drive-through by a commercial business selling tea. General Plan Designation: General Commercial (GC) Zoning District: Commercial Neighborhood (CN) Proposed Environmental Determination: The project is categorically exempted from CEQA under Section 15301: Existing F acilites. Staff Recommendation: The Planning Commission adopt PC Resolution 2015-A approving Conditional Use Permit 2015-029. City of Atascadero Planning Commission Agenda Regular Meeting, October 6, 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 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 Perm its, 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).) 3. PLN 2015-1553, CONDITIONAL USE PERMIT 2015-0291 FOR 8055 EL CAMINO REAL Property Owner: EHA Atascadero, LLC, 1030 Country Club Drive, Ste. E, Moraga, CA 94556 Applicant: Tricia Knight, 123 Seacliff Dr., Pismo Beach, CA 93449 Project Title: PLN 2015-1553 / CUP 2015-0291 – Verizon Wireless Microcell Site Project Location: 8055 El Camino Real, Atascadero, CA 93422 (San Luis Obispo County) APN 031-141-078 Project Description: The project consists of a proposed wireless telecommunications facility to be added to an existing commercial-retail building (Chase Bank). The microcell facility includes the following:  One (1) new antenna proposed on top of roof architectural tower;  Two (2) new wireless equipment cabinets. The maximum height of the proposed antenna is three (3) feet, two (2) inches and would extend past the existing roof peak. Additional wireless cabinets would be mounted on the wall, however, these would be masked by the building façade. An additional 88 square foot equipment area would be constructed on the roof with equipment cabinets screened from the public view shed. General Plan Designation: General Commercial (GC) Zoning District: Commercial Retail (C-R) Proposed Environmental Determination: Proposed CEQA Categorical Exemption 15303 and 3. Staff Recommendation: Planning Staff recommends Planning Commission adopt Resolution PC 2015 -A approving the installation of a new wireless cellular communications unmanned facility in the Commercial Retail (CR) Zone located at 8055 El Camino Real, based on findings a nd subject to conditions of approval. City of Atascadero Planning Commission Agenda Regular Meeting, October 6, 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 October 20, 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, October 6, 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 rec orded, 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 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 comme nts, you must notify the Community 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. PC Draft Action Minutes of 8/4/15 Page 1 of 3 CITY OF ATASCADERO PLANNING COMMISSION DRAFT ACTION MINUTES Regular Meeting – Tuesday, August 4, 2015 – 7:00 P.M. City Hall Council Chambers 6500 Palma Avenue, Atascadero, California CALL TO ORDER - 7:00 p.m. Chairperson Dariz called the meeting to order at 7:01 p.m. and Commissioner Schmidt led the Pledge of Allegiance. ROLL CALL Present: Commissioners Anderson, Bentz, Bourbeau, Schmidt, Vice Chairperson Wolff, and Chairperson Dariz Absent: Commissioner Seay (excused absence) Others Present: Recording Secretary, Annette Manier Staff Present: Interim Community Development Director, Gary Broad Assistant Planner, Alfredo Castillo Contract Planner, Katie Banister APPROVAL OF AGENDA MOTION: By Commissioner Bentz and seconded by Commissioner Anderson to approve the Agenda. Motion passed 6:0 by a roll-call vote. PUBLIC COMMENT None Chairperson Dariz closed the Public Comment period. PLANNING COMMISSION BUSINESS None ITEM NUMBER: ITEM NUMBER: 1 DATE: 10-6-15 1 PC Draft Action Minutes of 8/4/15 Page 2 of 3 CONSENT CALENDAR 1. APPROVAL OF DRAFT ACTION MINUTES OF JULY 21, 2015 MOTION: By Commissioner Bentz and seconded by Commissioner Bourbeau to approve the consent calendar. Motion passed 6:0 by a roll-call vote. PUBLIC HEARINGS 2. PLN 2015-1561, CONDITIONAL USE PERMIT, OVERSIZED DETACHED ACCESSORY STRUCTURE AT 12680 SAN CAYETANO EX PARTE COMMUNICATIONS Commissioner Bourbeau contacted the property owner today to let them know he would be doing a site visit. Contract Planner Banister gave the staff report and she and Assistant Planner Castillo answered questions from the Commission. Contract Planner Banister did receive comments from a neighbor regarding drainage, and subsequently, staff is requesting that two (2) additional conditions be added as follows: Property Owner/Applicant: H. Wayne and Jackie Laprade, 12680 San Cayetano, Atascadero, CA 93422 Project Title: PLN 2015-1561 / CUP 2015-0293 Construct an oversized detached accessory structure Project Location: 12680 San Cayetano, Atascadero, CA 93422 (San Luis Obispo County) APN: 055-431-007 Project Description: The project consists of a 1,520 square foot detached accessory structure. The building is an open-sided metal building intended to store an RV and boat. The Atascadero Municipal Code allows accessory structures up to 50% of the size of the primary residence. This structure exceeds the limit and requires a conditional use permit approved by the Planning Commission General Plan Designation: RE Zoning District: RS Proposed Environmental Determination: The proposed project is categorically exempted from CEQA under Section 15303: New construction or conversion of small structures. Staff Recommendation: Staff is recommending the Planning Commission adopt Resolution A, approving CUP 2015-0293. 2 PC Draft Action Minutes of 8/4/15 Page 3 of 3 1) Prior to issuance of a building permit, applicant shall provide a drainage plan prepared by a licensed professional, consistent with AMC 9-4.148. 2) Plant selection shall include a sufficient quantity of shrubs with a minimum expected height of 8 feet tall to screen the structure. PUBLIC COMMENT The following person spoke on this item: Jackie LaPrade. Chairperson Dariz closed the Public Comment period. MOTION: By Commissioner Bentz and seconded by Commissioner Bourbeau to adopt PC Resolution 2015- 0026 approving PLN 2015-1561/CUP 2015-0293 to allow a 1,520 square foot detached accessory structure based on findings and subject to conditions of approval, with the following added conditions: 1) Prior to issuance of building permit, applicant shall provide a drainage plan prepared by a licensed professional, consistent with AMC 9-4.148 and 2) Plant selection shall include a sufficient quantity of shrubs with a minimum expected height of 8 feet tall to screen the structure. Motion passed 6:0 by a roll-call vote. EX PARTE COMMUNICATIONS None COMMISSIONER COMMENTS AND REPORTS Commissioner Schmidt spoke about the email regarding the Time Extension at the July 21, 2015 Planning Commission meeting. DIRECTORS REPORT Interim Director Broad gave updates on Walmart, the 5310 Carrizo project, the El Corte project, 5920 W. Mall (medical office), 10075 Atascadero Ave., and the Korean BBQ. Interim Director Broad also gave an update on the status of Community Development Department Director interviews. ADJOURNMENT – 7:56 p.m. The next regular meeting of the Planning Commission is scheduled for August 18, 2015, at 7:00 p.m. at City Hall, Council Chambers, 6500 Palma Avenue, Atascadero. MINUTES PREPARD BY: _____________________________ Annette Manier, Recording Secretary 3 4 Atascadero Planning Commission Staff Report - Community Development Department Katie Banister, Contract Planner, 470-3480, kbanister@atascadero.org  PLN 2015-1565 / CUP 2015-0294 Eating and Drinking Place with a Drive-Through Facility in the Commercial Neighborhood Zone 9900 El Camino Real (Silva) SUBJECT: The proposed project consists of an application for a tea shop to utilize an existing drive-through at 9900 El Camino Real. RECOMMENDATION: Staff Recommends: The Planning Commission adopt Resolution PC 2015-0027 approving Conditional Use Permit 2015-0294 to allow the use of a drive-through facility at 9900 El Camino Real, based on findings and subject to Conditions of Approval. Situation and Facts 1. Applicant/Owner: David Silva 490 Vaquero Road, Templeton, CA 93465 2. Project Address: 9900 El Camino Real, Atascadero, CA 93422 APN 056-081-031 3. General Plan Designation: General Commercial (GC) 4. Zoning District: Commercial Neighborhood (CN) 5. Site Area: 0.57 acres 7. Existing Use: Vacant (previously Heritage Oaks Bank) 8. Environmental Status: Section 15301 Categorical Exemption: Existing Facilities ITEM NUMBER: 2 DATE: 10-6-15 5 DISCUSSION: Surrounding Land Use and Setting: North: Public (P) Commercial Tourist (CT) Commercial Retail (CR) South: Commercial Neighborhood (CN) Low Density Residential Multiple-Family (RMF-10) East: Commercial Neighborhood (CN) High Density Residential Multiple-Family (RMF-20) West: Commercial Neighborhood (CN) Commercial Tourist (CT) Highway 101 Location and Zoning Map RMF-20 RSF-Y RSF-Z RMF-10 CN CT P Project Site 9900 El Camino Real CR 6 Background Heritage Oaks Bank constructed the building at 9900 El Camino Real in 1999. The original structure included the drive-through facility, which had two lanes. The lane furthest from the building used a pneumatic tube to shuttle items from the customers to bank employees, while the closer lane was serviced by a window. Heritage Oaks Bancorp purchased Mission Community Bancorp in the spring of 2014. At that time, the Atascadero branch of Heritage Oaks Bank moved into the 7480 El Camino Real location of Mission Community Bank, leaving the building at 9900 El Camino Real vacant. 9900 El Camino Real Wilwand Tea Company and Healing Arts has been located in Atascadero for three years; two of these years on Traffic Way in downtown Atascadero. The company is relocating to the subject property to expand the retail products and personal services they offer. ANALYSIS: Drive-through Facility Eating and drinking places with drive-through facilities are conditionally allowed in the Commercial Neighborhood zone (AMC 9-3.203). The owner of the building at 9900 El Camino Real would like to allow tenants to use the existing drive -through to serve food and beverages to customers who remain in their vehicles, and therefore requests Planning Commission consideration. Drive-through facilities must meet the site design standards in AMC 9 -4.122, listed in the box below. 7 9-4.122 Site design and development standards for drive-in and drive-through facilities. Access and egress to the property is directly from El Camino Real. In order to separate drive-through customers from stop-over customers, AMC 9-4.122 requires a minimum 10-foot wide, paint-striped lane from the point of site access to the stacking area. The site currently does not provide this separation. The drive-through facility has two lanes, one of which is proposed for use by an eating and drinking place. The second lane is not proposed for use. Near the drive-up service window, the lanes are separated by a concrete median, and covered by a roofed portico, with a vertical clearance of 10 feet and 6 inches. The stacking area (from the front of the building to the back edge of the landscape finger at the rear of the building) is approximately 80 feet long. The minimum length of a parking space allowed by the Municipal Code is 18 feet. Allowing 18 feet for each waiting car, 80 feet is adequate space for the car receiving service and 3 additional cars to queue while waiting for service. This is space for one less car than required in the Zoning Ordinance, however, overflow can spill into the parking lot, and is unlikely to impede circulation on El Camino Real. This section establishes supplementary standards for retail trade or service uses which conduct business while customers remain in their vehicles. Such uses may include drive -through facilities that are accessory to a principal building where business is conducted indoors or that conduct all business by means of drive-through facilities. Such uses may include but are not limited to drive-in restaurants, fast food establishments with drive-through take-out windows, photo-finishing services, and bank services. These standards are not applicable to service stations (Section 9-6.164). (a) Site Location Criteria. A site that contains drive -in or drive-through facilities shall be located on a collector or arterial, provided that access to drive-through facilities may be to a local street when properties across the local street from the exit driveway are not in a residential zone. (b) On-site Traffic Control. Sites with drive-through facilities shall provide internal circulation and traffic control devices as follows: (1) Lane Separation. An on-site circulation pattern shall be provided for drive-through traffic that separates such traffic from that of stopover customers. Separation may be by paint -striped lanes from the point of site access to the stacking area described in subdi vision (2) of this subsection. Such lanes are to be a minimum width of ten (10) feet. (2) Stacking Area. An area shall be provided for cars waiting for drive -through service that is physically separated from other traffic circulation on the site. That stacking area shall accommodate a minimum of four (4) cars per drive-through window in addition to the car(s) receiving service. Separation of the stacking area from other traffic shall be by concrete or asphalt curbing on at least one side of the lane. Stacking areas shall be designed to preclude excessive overflow into public streets. (3) Directional Signals. Signs shall be provided that indicate the entrance, e xit and one-way path of drive-through lanes. 8 Parking Lot Circulation The expected volume for use of the drive-through is not anticipated to exceed the capacity of the stacking area provided. However, any o verspill from the drive-through does have the potential to impact Chalk Mountain Liquor, the gas station and convenience store located to the south. The parking lots for the two businesses are contiguous and connected. The layout of the overall site and the location of the Chalk Mountain Liquor store building do not promote cars entering the stacking area from the south. However, cars that do attempt this entry may block circulation for both businesses; particularly the parking spaces on the north side of Chalk Mountain Liquor. Preferred circulation pattern Potential circulation patterns Project location: 9900 El Camino Real Chalk Mountain Liquor 9 Currently, directional arrows are painted at the entrance to the property and the exit o f the drive-through. Additional arrows are painted on the drive -through lanes, under the drive-through portico. Existing Drive-Through Facility Staff recommends the Planning Commission condition the project with the following circulation controls:  Continuous striping, a minimum of 4 inches in width, should be painted along the outside of the drive-through lane to delineate the stacking area along its entire length (from the concrete median under the portico to the end of the stacking area, even with the edge of the landscape finger at the rear of the building).  In the stacking area, the drive-through lane should be identified with paint on the asphalt as a “drive-thru,” while the unused lane should be identified as “exit only.”  Two directional arrows should be painted on the asphalt in the rear parking area to indicate the proper path of travel into the drive-through facility. Wilwand Tea and Healing Arts The purpose of the Commercial Neighborhood zoning district is “to provide small scale retail shopping and personal service facilities at the neighborhood level” with “limited shopping and service” oriented businesses (AMC 9 -3.201). To that end, many types of allowed uses are limited to a use area not to exceed 2,500 square feet. The owner of the property/applicant has leased the building to Wilwand Tea Company and Healing Arts. The business will occupy the entire 3,625 square feet of interior space in the existing two-story building, and one lane of the drive-through area. The business will use approximately 1,750 square feet for the tea bar (eating and drinking place) and retail sales (general merchandise stores), and approximately 1,650 square 10 feet for healing arts including yoga, sound healing, and massage (personal service). The remaining space is restrooms and the stairwell. Parking The site has 25 existing parking spaces, 2 of which are accessible. AMC Section 9- 4.118 defines the number of parking spaces required for different land uses. When a site is occupied by more than one principal land use, the required parking is the total required by each of the uses. The proposed business will need 22 spaces, as calculated in the table below. The existing spaces are sufficient. Parking Requirement Use Required Parking Spaces Count Spaces Needed Retail 1 per 300 sf of sales area 400 1.33 Eating and Drinking Place Customer Table 1 per table 2 2 Customer Stool 1 per 2 stools 12 6 Employee 1 per 6 tables and 1 per 100 sf of kitchen area 675 sf 6.75 Personal Service 1 per 300 sf of floor area 1650 sf 5.5 Total 22 spaces Proposed Elevations The exterior elevations of the building are proposed to remain unchanged. Signage The tenant has not submitted building plans for commercial signage. AMC Section 9- 15.005 allows a total of 125 square feet for all signs on the site. One wall sign per public street or parking lot frontage is permitted. The maximum size for a wall sign is 1 square foot per lineal foot of business frontage, not to exceed 40 square feet. The maximum allowed size for a monument sign is 60 square feet. The site has an existing monument sign. A building permit is not required to change the sign copy. Other changes to the monument sign may require a permit. Site and Landscape Design & Compliance The site is landscaped in general conformance with the Zoning Ordinance. The parking lot lacks landscape fingers and shade trees, but is landscaped with palm trees and smaller plants. There is a need to replace dead and dying plants, and to replenish the mulch on site. Staff has included a condition of approval requiring dead plants be replaced with drought tolerant species and mulch be replenished. 11 ENVIRONMENTAL DETERMINATION: This project qualifies for a Class 1 Categorical Exemption under CEQA Section 15 301, Existing Facilities, specifically interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances. The exterior of the building will not be significantly altered for this project. The parking lot and drive-through area will have minor alterations for traffic control. CONCLUSION: The CUP process provides the opportunity for the public and the Planning Commission to review the specifics of land use proposals, such as the appropriateness of use, sit e design, and specific standards of the Zoning Ordinance. Planning staff has determined the Planning Commission can make all required findings in order to approve the proposed CUP to allow the use of an existing drive-through for an eating and drinking place in the Commercial Neighborhood zoning district. ALTERNATIVES: 1. The Commission may adopt PC Resolution 2015-0027. 2. The Commission may amend, modify or reject the project and/or conditions of approval. 3. 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. ATTACHMENTS: Attachment 1: Conceptual Floor Plan for Wilwand Tea Company Attachment 2: Elevations Attachment 3: Site Photos Attachment 4: Draft Resolution PC 2015-0027 12 ATTACHMENT 1: Conceptual Floor Plan PLN 2015-1565 / CUP 2015-0294 13 ATTACHMENT 1: Elevations PLN 2015-1565 / CUP 2015-0294 Front Elevation East Side Elevation 14 Rear Elevation 15 ATTACHMENT 2: Site Photos PLN 2015-1565 / CUP 2015-0294 Dead and Dying Plants in the Parking Lot Area Landscaping and Monument Sign at the Front of the Building 16 ATTACHMENT 3: Draft Resolution PC 2015-0027 DRAFT RESOLUTION PC 2015-0027 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA APPROVING PLN 2015-1565/CUP 2015-0294 TO PERMIT A EATING AND DRINKING PLACE WITH DRIVE-THROUGH FACILITY ON APN 056-081-031 (Silva) WHEREAS, an application has been received from David Silva, 490 Vaquero Road, Templeton, CA 95465 (Owner); to consider a project consisting of Conditional Use Permit 2015- 0294 to allow an existing drive-through facility for use by an eating and drinking place on a 0.5 acre parcel at 9900 El Camino Real (APN 056-091-031); and, WHEREAS, the site’s current General Plan Designation is General Commercial (GC); and, WHEREAS, the site’s current zoning district is Commercial Neighborhood (CN); 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 October 6, 2015, studied and considered Conditional Use Permit 2015- 0294; and, NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings of Environmental Exemption. The Planning Commission finds as follows: 1. The proposed project has been found Categorically Exempt under Class 1, Section 15301, Existing Facilities, of the California Environmental Quality Act. 17 SECTION 2. Findings for approval of Conditional Use Permit Amendment. The Planning Commission finds as follows: 1. The proposed use is consistent with the General Plan, specifically the proposed use, eating and drinking place with drive-through facility, is consistent with the General Commercial designation of the General Plan and the General Plan Land Use, Open Space and Conservation Element Goals 3, 13 and 14; Policies 13.1, 14.1 and 14.2; and Programs 1.1.7 and 3.1.11. The development utilizes a previously developed site within the urban services line, retains and expands a commercial business, and provides desired products and services to the residents of Atascadero; and, 2. The proposed project satisfies all applicable provisions of the Title (Zoning Ordinance). Drive-through facilities are conditionally permitted in the Commercial Neighborhood zone. As conditioned, the site will satisfy landscaping, parking, circulation and other applicable site design requirements; 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. As conditioned, the project will not have an undesirable impact on the neighboring property. The project is not anticipated to impact circulation on El Camino Real; and, 4. That the proposed project will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development. The proposed use would fill a vacant space located in an existing commercial building. It will provide food options and personal services for nearby residents; and, 5. That the proposed project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element; and, 6. That the proposed project is in compliance with any pertinent City policy or criteria adopted by ordinance or resolution of the City Council. SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on October 6, 2015 resolved to approve Conditional Use Permit 2015- 0294 subject to the following: EXHIBIT A: CEQA Exemption EXHIBIT B: Conditions of Approval EXHIBIT C: Site Plan 18 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 ______________________________ Mark Dariz Planning Commission Chairperson Attest: ______________________________ Phil Dunsmore Planning Commission Secretary 19 20 EXHIBIT A: Notice of Exemption PLN 2015-1565/CUP 2015-0294 CITY OF ATASCADERO NOTICE OF EXEMPTION 6500 Palma Avenue Atascadero, CA 93422 805.461.5000 TO: File FROM: Katie Banister Contract Planner City of Atascadero 6500 Palma Avenue Atascadero, CA 93422 SUBJECT: Filing of Notice of Determination in Compliance with Section 21152 of the Public Resources Code. Project Title: PLN 2015-1565 / CUP 2015-0294 Project Applicant: David Silva, 490 Vaquero Road, Templeton, CA 93465 Project Location: 9900 El Camino Real, Atascadero, CA 93422, San Luis Obispo County (APN 056-081-031) Project Description: Conditional Use Permit to allow an eating and drinking place with a drive-through facility in a Commercial Neighborhood zone. Name of Public Agency Approving Project: City of Atascadero Name of Person or Agency Carrying Out Project: David Silva 490 Vaquero Road, Templeton, CA 93465 Exempt Status: Ministerial (Sec. 15073) Emergency Project (Sec. 1507 (b) and (c)) Declared Emergency (Sec. 15061 (a)) General Rule Exemption (Sec. 15061.c) Categorically Exempt (Sec. 15301) Reasons why project is exempt: Class 1 of the California Environmental Quality Act (CEQA) (Section 15301, Existing Facilities: operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures. Contact Person: Katie Banister (805) 470- 3480 Date: September 25, 2015 Katie Banister Contract Planner 21 22 EXHIBIT B: Conditions of Approval PLN 2015-0565 / CUP 2015-0294 Conditions of Approval 9900 El Camino Real APN 056-081-031 CUP 2015-0294 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney 1. Conditional Use Permit 2015-0294 shall be for the use of a single lane drive- through facility for an eating and drinking place as generally described in attached Exhibit C and located on parcel 056-081-031, regardless of owner. Ongoing PS 2. The approval of this use permit shall become final and effective 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 Conditional Use Permit. The Planning Commission shall have the final authority to approve any other changes to the Conditional Use Permit unless appealed to the City Council. BP PS 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 drive-through is utilized by the applicant or a tenant of the applicant for a commercial eating and drinking place. BP PS 5. The applicant shall defend, indemnify, and hold harmless the City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the City, or any of its entities, concerning the Conditional Use Permit. Ongoing CA Planning Services 6. The following parking lot alterations shall be made to conform with Exhibit C:  Paint continuous white striping, a minimum of 4 inches in width at the outside edge of the drive-through lane, extending from the concrete median under the portico to the end of the stacking area, even with t he edge of the landscape finger at the rear of the building. The width of the lane shall be a minimum of 10 feet.  Paint two, white directional arrows, of similar size to the existing directional arrows on-site, on the asphalt in the rear parking area. One arrow should be at the northwest corner, the other should be near the entrance to the drive-through lane to indicate traffic should circulate from the entry to the property, around the building into the drive-through.  Paint the words “DRIVE-THRU”, or similar, on the asphalt in three locations as shown in Exhibit C. Paint the words “EXIT ONLY” in the drive-through lane furthest from the building, near the entrance to the portico area. The letters shall be white in color and at least 18 inches in height, or sized to fit within the width of the drive-through lane. BL PS 23 Conditions of Approval 9900 El Camino Real APN 056-081-031 CUP 2015-0294 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 7. Additional on-site circulation control measures may be required by the City if stacking for the drive-through has a negative impact on circulation in the parking lots for APN 056-081-031 and 0256-081-030 or on the public streets. Ongoing PS 8. Dead and dying landscape plants shall be replaced with drought tolerant species. Landscape mulch shall be replenished where necessary. A landscape plan is to be submitted to the City and approved by City staff. BL PS 9. Tenants shall comply with standards of the San Luis Obispo County Environmental Health Services Division regarding food safety and any other applicable rules. BL PS/BS Fire Department 10. Confirm a 5 year sprinkler test for the building. BL FD 11. If cooking equipment is added, compliance with additional fire department standards will be required. Ongoing FD 24 Exhibit C: Site Plan Conditional Use Permit 2015-0294 Existing Building Bypass lane and property- line curb were not constructed THRU DRIVE ONLY EXIT Paint white stripe along outside of drive-through to make a minimum 10-foot wide lane Paint identification lettering in each lane THRU DRIVE THRU DRIVE Paint directional arrows and “drive-thru” language in the parking area 25 26 September 2, 2003 Page 1 of 20 Atascadero Planning Commission Staff Report - Community Development Department Alfredo R. Castillo, AICP, Planner, 470-3436, acastillo@atascadero.org Tara Ash-Reynolds, Planning Intern, 470-3434, tashreynolds@atascadero.org  PLN 2015-1553 / CUP 2015-0291 Microcell Wireless Facility At 8055 El Camino Real (EHA-ATASCADERO LLC / TEK Consulting) RECOMMENDATION: Staff recommends that the Planning Commission adopt Resolution PC 2015-A approving the installation of a new wireless cellular communications facility in the Commercial Professional (CP) Zone located at 8055 El Camino Real, based on findings and subject to conditions of approval. SITUATION AND FACTS: 1. Applicant: TEK Consulting 123 Seacliff Dr., Pismo Beach, CA 93449 2. Property Owner: EHA-ATASCADERO LLC 1030 Country Club Drive STE. E, Moraga, CA 94556 3. Project Address: 8055 El Camino Real, Atascadero, CA 93422 (San Luis Obispo County) APN: 030-141-078 4. General Plan Designation: General Commercial (GC) 5. Zoning District: Commercial Professional (CP) 6. Site Area: 0.25 acres 7. Existing Use: Commercial Retail / Professional Office 8. Environmental Status: Proposed CEQA Categorical Exemption 15303 (Class 3) ITEM NUMBER: 3 DATE: 10-6-15 27 DISCUSSION: Surrounding Land Use and Setting: North: Commercial Professional (CP) and Residential Multi-Family (RMF-20) South: Commercial Retail (CR) East: Single-Family Residential (SFR-X) and Residential Multi-Family (RMF-10) West: Commercial Retail (CR) Location Map Background: The proposed project is located in the commercial node at the southeast corner of El Camino Real and Curbaril Avenue in the Commercial Professional (CP) zoning district. The General Plan identifies this site as a Master Plan of Development (Policy 1.1, Pro gram 10) which was approved under Conditional Use Permit 2002-0069 with conditions of approval. Due to certain Federal Communications Commission (FCC) coverage requirements for cellular carriers, carriers must expand their network coverage area by adding new sites where needed. Antenna technology requires the antenna signal to have line of sight of the coverage area, Project Site: 8055 El Camino Real Atascadero 28 these facilities must locate in areas where that can be achieved. There are no other wireless telecommunications base stations located in the vicinity of the proposed wireless facility. The proposed microcell antenna will add additional capacity to the system for Verizon Wireless network that services residents and business owners in the area. ANALYSIS: The proposed project is located near the corner of El Camino Real and Curbaril Avenue. The microcell facility would be located on the Chase Bank/Wireless Retail building rooftops within the existing Walgreens Center (CUP 2002-0069). The proposed project consists of a wireless microcell tower and equipment to support the tower. The new facility will be used to boost cellular service for Verizon Wireless, LLC. The applicant is proposing installing the following equipment to the roof of the existing building:  One (1) new antenna proposed on top of roof architectural tower (total height 3-feet, 2- inches)  Two (2) new wireless equipment cabinets  Nine (9) new Remote Radio Units (RRU)  One (1) new GPS antenna No permanent structures are proposed to be removed to accommodate the proposed project. According to Master Plan approval, all roof mounted equipment must be screened from public view with materials architecturally compatible with the main structure to avoid potential visual impacts to the area. The proposed antenna would extend 3-feet, 4-inches beyond the existing roofline, which is 25 - feet 8-inches. The total height of the antenna, including the building, would be 29-feet, measure from ground level. The proposed antenna would be mounted on the existing roo f- peak. This height does not exceed the maximum height threshold in the CP zoning district, which is 35-feet. A condition has been included (Condition 7) to ensure the proposed antenna is screened with like colors of the existing building. The proposed nine (9) RRUs will be mounted along the northwest elevation (elevation facing El Camino Real, heading northbound). These RRUs will not be visible from the public viewshed but will be mounted to the parapet wall that exists on the roof. This parapet wall currently screens mechanical equipment that is on the roof. In addition, the applicant is proposing to utilize the existing cupola to screen switches and other auxiliary communication equipment that is needed to run the wireless facility. A new GPS antenna and wall two (2) wall cabinets will be installed. These items will be located at the rear of the building and may be visible to existing single family residences along Curbaril and directly behind the Walgreens. Staff has included a condition (Condition 8) that requires color matching for the cabinets and antenna to assist in screening these communication facilities. The proposed microcell antenna complies with the Federal Communications Commission 29 (FCC) guidelines limiting public exposure to RF (radio frequency) energy. The risk of public exposure to excessive or hazardous RF is minimized because the antennas are “designed to concentrate their energy toward the horizon, with very little energy wasted toward the sky or ground. Exposure to residents and business customers would be minimized. Proposed Elevations 30 Photo Simulation 31 General Plan Consistency The proposed project is consistent with the following General Plan Land Use Goals and Policies. These goals and policies ensure the proposed project is consistent with the City’s General Plan as required for approval of a Conditional Use Permit. Goal LOC 15: The proposed project provides adequate public services for high -quality, orderly and sensible growth. Land Use Policy 15.10: Require public agency and private utility development projects in the City to conform to City site improvement standards. Goal SFN 5: Reduce the potential for harm to individuals and damage to the environment from hazardous materials, radiation, electromagnetic fields, radon, and unsafe trees and structures. Safety and Noise Policy 5.1: Reduce the potential for exposure to humans and the environment from hazardous substances. General Plan Master Plan of Development Overlay Areas: Neighborhood Shopping Center: Southeast Curbaril at El Camino Real special features are circulation and driveways locations of all parcels to be shared and minimized 32 Findings The Planning Commission must make the following findings to approve a CUP. If the Commission chooses to deny the project, the Commission must make specific findings for denial. 1. The proposed project or use is consistent with the General Plan, as well as the City’s Appearance Review Manual and any pertinent City policy or criteria adopted by ordinance or resolution of the City Council. Staff Comment: The proposed project, as conditioned, is consistent with the Atascadero General Plan as identified by the policies and programs as specified in the attached resolution. 2. The proposed project or use satisfies all applicable provisions of the Zoning Ordinance. Staff Comment: As conditioned, the project satisfies the conditional use permit provisions for the Atascadero Municipal Code. 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use. Staff Comment: The proposed project will not result in a potential health hazards to nearby residents since the Radio Frequency (RF) study prepared for the proposed project indicated the facility would be within maximum permissible exposure (MPE) limits and Federal Communication Commission (FCC) standards. 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 wireless communications facility is disguised from the public by utilizing the existing building parapets, and other architectural features. The proposed microcell tower will add additional height to the roofline, but will blend in with the character of the commercial center. 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. Staff Comment: The proposed use is an unmanned cellular communication facility. Periodic maintenance will occur, however this will not generate a volume of traffic beyond the safe capacity of all roads that access the site. 33 Based on staff’s analysis in the preceding sections, the Planning Commission can make the required findings for approval of a Conditional Use Permit. Environmental Determination Staff is proposing adoption of a California Environmental Quality Act Categorical Exemption Class 3. The proposed project is considered an addition to existing structures. The proposed project does not result in an increase of more than 50 percent of the floor area of the structures before the addition, or 2,500 square feet, whichever is less. The proposed antenna will be mounted on an existing roof installation of the auxiliary communications equipment required to operate the unmanned wireless facility. Therefore, Staff is recommending the adoption of the Class 3 exemption. Conclusion The proposed wireless communications facility at 8055 El Camino Real is consistent with the underlying zoning and is proposed to be located away from the public right -of-way. Based on the above analysis and incorporated conditions, staff is recommending that the findings for approval of the CUP are made. ALTERNATIVES: 1. The Commission may approve the project with additional or revised project conditions. 2. The Commission may deny the project if it is found that the required findings cannot be made. The Commission’s motion to deny must include a finding for denial. 3. The Commission may continue the hearing and refer the item back to staff for additional information or analysis. Direction should be given to staff and the applicant on required information. ATTACHMENTS: Attachment 1: Zoning Map Attachment 2: Site Plan & Equipment Plan Attachment 3: Elevations Attachment 4: Draft Resolution PC 2015-A 34 ATTACHMENT 1: Zoning Map PLN 2015-1553 / CUP 2015-0291 Microcell Wireless Facility Atascadero Zoning Map Project Site 8055 El Camino Real 35 ATTACHMENT 2: Site Plan PLN 2015-1553 / CUP 2015-0291 Microcell Wireless Facility 36 37 ATTACHMENT 3: Elevations PLN 2015-1553 / CUP 2015-0291 Microcell Wireless Facility 38 39 40 ATTACHMENT 4: Draft Resolution 2015-A PLN 2015-1553 / CUP 2015-0291 Microcell Wireless Facility DRAFT RESOLUTION PC 2015-A A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING PLN 2015-1553/ CONDITIONAL USE PERMIT 2015-0291 TO ALLOW A CELLULAR TELECOMUNICATIONS FACILITY IN A COMMERICAL PROFESSION ZONE AT 8055 EL CAMINO REAL, APN 030-141-078 (TEK CONSULTING / EHA-ATASCADERO LLC) WHEREAS, an application has been received from Applicant Tricia Knight, TEK Consulting, 123 Seacliff Dr., Pismo Beach, CA 93449, and Property Owner, EHA-Atascadero, LLC, 1030 Country Club Drive, Suite E, Moraga, CA 94556, to consider a project consisting of a Conditional Use Permit 2014-0283 to allow a Wireless Communications Tower at 8055 El Camino Real (APN 030-151-031); and, WHEREAS, the site’s current General Plan Designation is General Commercial (GC); and, WHEREAS, the site’s current zoning district is Commercial Professional (CP); and, WHEREAS, a Conditional Use Permit is required for cellular facilities in the City of Atascadero; and, WHEREAS, Notices of Exemptions were prepared consistent with CEQA Guidelines section 15303, new construction of small structures for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the laws and regulations relating to the preparation and public notice and hearing, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Conditional Use Permits; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on October 6, 2015, studied and considered CUP 2015-0291, NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: 41 SECTION 1. Findings of Environmental Determination. The Planning Commission hereby resolves to certify Notice of CEQA Exemption Class 3 CUP 2015-0291 based on the following Findings as shown in Exhibit A: 1. The proposed Project falls within the Class 3 Exemption, New Construction of Small Facilities, and is therefore categorically exempt from CEQA pursuant to CEQA guidelines section 15303; and 2. The City of Atascadero Community Development Department is the custodian of the Notice of Exemption for CUP 2015-0291 along with other material that constitutes the record of proceedings upon which this determination is made, which this record is available to the public for viewing at 6500 Palma Avenue, Atascadero, CA 93422; and 3. Based on the Planning Commission approval there is no substantial evidence that the project may have a significant effect on the environment; and 4. The Notice of Exemption prepared for the project reflects the Planning Commission’s independent judgment and analysis and directs Staff to file a notice of determination in compliance with Section 21152.1 of the Public Resources Code. SECTION 2. Findings for approval of Conditional Use Permit. The Planning Commission finds as follows: 1. The proposed project or use is consistent with the General Plan, as well as the City’s Appearance Review Manual and any pertinent City policy or criteria adopted by ordinance or resolution of the City Council; and, 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance) based on review of the proposed project; 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, 6. That the proposed project is in compliance with any pertinent city policy or criteria adopted by ordinance or resolution of the city council. 42 SECTION 4. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on October 6, 2015, resolved to approve the amended Conditional Use Permit 2014-0283 subject to the following: EXHIBIT A: CEQA Exemption EXHIBIT B: Conditions of Approval EXHIBIT C: Proposed Site Plan EXHIBIT D: Existing and Proposed Elevations On motion by Commissioner _____________, and seconded by Commissioner __________ the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA ______________________________ Mark Dariz Planning Commission Chairperson Attest: ______________________________ Phil Dunsmore Planning Commission Secretary 43 44 EXHIBIT A: CEQA Exemption PLN 2015-1553 / CUP 2015-2091 – 8055 El Camino Real 45 46 EXHIBIT B: Conditions of Approval PLN 2015-1553 / CUP 2015-2091 – 8055 El Camino Real Conditions of Approval PLN-2015-1553 / CUP-2015-0291 8055 El Camino Real Wireless Cellular Facility Timing FM: Final Map 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. Agency Requirement FED: Federal Government CAL: California Government LOC: Local Government 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 LOC 2. 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 applicant has received a building permit or applied for an extension of entitlement. BP PS LOC 3. The Community Development Department shall have the authority to approve minor changes to the project that (1) increase the square footage of the project by less than 10%, (2) result in a superior site design or appearance, and/or (3) address a construction design issue that is not substantive to the Conditional Use Permit. BP PS LOC Project Conditions 4. All site design, landscaping, antenna / shelter placement, site fencing, exterior elevations, finish materials and colors shall be consistent with Exhibit C and Exhibit D. BP/FO PS LOC 5. Cellular tower shall not exceed a height of 29-feet, measured from the highest point of the structure to ground level, consistent with Exhibit D BP PS LOC 6. Cellular provider shall be limited to that are a which is shown on Exhibit C. Co-location for additional wireless carriers will be required to obtain approval of a separate Administrative Use Permit (AUP) or as required by the Federal Communications Commission (FCC). On-Going PS LOC / FED 7. Proposed colors for cell phone tower must be consistent with existing colors and materials of the BP PS LOC 47 Conditions of Approval PLN-2015-1553 / CUP-2015-0291 8055 El Camino Real Wireless Cellular Facility Timing FM: Final Map 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. Agency Requirement FED: Federal Government CAL: California Government LOC: Local Government commercial-retail building. 8. Proposed cabinets that are exposed beyond the roofline of the existing building must color match the existing building / roof color and materials. BP PS LOC 9. Lighting installations shall be consistent with the approved site plan. No new light glare sources shall be permitted. BP PS LOC 10. 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 California Building Code (CBC) prior to the final inspection, if required. FO CE LOC 48 EXHIBIT C: Overall Site Plan PLN 2015-1553 / CUP 2015-2091 – 8055 El Camino Real 49 EXHIBIT D: Proposed Elevations PLN 2015-1553 / CUP 2015-2091 – 8055 El Camino Real 50 51 52