The URL can be used to link to this page

Home My WebLink AboutPC Resolution 2019-000610�? RESOLUTION PC 2019-0006 Z:ITY OF ATASCADER® PLANNING RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING A HEIGHT EXCEPTION AMENDMENT TO AN EXISTING CELL TOWER FACILITY AMERICAN TOWER CORPORATION 6500 (6490) El Camino Real (AMND 19-0012) WHEREAS, an application has been received from American Tower Corporation (applicant) and Z 3 LLC (owner) to consider AMND 19-0012 for an amendment to Conditional Use Permit 97-0009 to allow for an increase in cell tower height at 6500 (6490) El Camino Real, Atascadero, CA 93422 (APN 030-191-017); and and WHEREAS, the site's current General Plan Land Use Designation is Downtown (D); WHEREAS, the site's current Zoning District is Downtown Commercial (DC); and WHEREAS, Telecommunication Facilities require approval in the form of a Conditional Use Permit; and WHEREAS, Communication facilities in excess of 10 -feet above the 45 -foot maximum height allowed in the Downtown Commercial zoning district require a Planning Commission waiver; and WHEREAS, the Planning Commission approved Conditional Use Permit 97-0009; and WHEREAS, the Planning Commission approved an amendment to Conditional Use Permit 97-0009 in 2002 changing the tower from a standard pole to a stealth monopine; and WHEREAS, the Design Review Committee reviewed the physical design of the project at a timely and properly noticed meeting on April 9, 2019; and WHEREAS, the proposed project qualifies for a Categorical Exemption consistent with CEQA Guidelines Section 15301: existing facilities; 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 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 May 7, 2019, studied and considered AMND 19-0012. NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of Atascadero: SECTION 1. CEQA. The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (California Public Resources Code § § 21000, et seq., "CEQA") and CEQA Guidelines (Title 14 California Code of Regulations §§ 15000, et seq.) pursuant to CEQA Guidelines Section 15301, as it relates to a minor modification to an existing facility not resulting in additional environmental impacts. SECTION 2. Facts and Findings. The Planning Commission makes the following findings, determinations and approvals with respect to the Zone Text Amendment: A. Findings for Approval of a Conditional Use Permit Amendment FINDING: The proposed project or use is consistent with the General Plan. FACT: A wireless telecommunication facility is consistent with the General Plan. The tower is part of an existing facility located at the rear of the property adjacent to the Highway 101 corridor. FINDING: The proposed project or use satisfies all applicable provisions of the Zoning Regulations of the Atascadero Municipal Code. FACT: The proposed tower facility meets all applicable provisions of the Zoning Ordinance with findings as included in this section related to modification to the height standards. FINDING: 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. FACT: The proposed modifications to the existing cell tower facility include additional wireless carrier device height to allow continued signal strength and range after completion of the future La Plaza project. The height increase will not be detrimental to the health, safety, or welfare of the general public or nearby residences. FINDING: The proposed project or use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development. FACT: The existing cell tower is designed as a stealth tower resembling a pine tree. The tower is located at the rear of the property adjacent to Highway 101 in an area of existing dense vegetation. The proposed height increase will not be inconsistent with the character of the surrounding area. FINDING: 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. FACT: The Cell facility does not generate any traffic beyond occasional maintenance. B. Findings for Approval of a waiver of the maximum height FINDING: The project will not result in substantial detrimental effects on the enjoyment and use of adjoining properties and that the modified height will not exceed the lifesaving equipment capabilities of the Fire Department. FACT: The existing facility is located in the rear of the site between the future 3 story La Plaza project and Highway 101. The facility is adjacent to existing dense landscaping that buffers Highway 101 from the El Camino real corridor. The increase in height will not affect the use and enjoyment of surrounding properties. Since the facility is unmanned, the additional height will not endanger lives beyond the capabilities of the Fire Department. SECTION 3. Approval of Use Permit Amendment. The Planning Commission of the City of Atascadero, in a regular session assembled on May 7, 2019, resolved to amend Conditional Use Permit 97-0009, subject to the following: 1. EXHIBIT A: Conditions of Approval 2. EXHIBIT B: Project Plan Exhibits On motion by Commissioner Wolff, and seconded by Commissioner Anderson, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: Anderson, Beraud, van den Eikhof, Wolff, and Dariz (5) NOES: None ABSTAIN: None ABSENT: Zirk, Shaw ADOPTED: May 7, 2019 Attest: Phil Dunsmore Planning Commission Secretary CITY OF ATASCADERO, CA Mark Dariz Planning Commission Vice Chairperson EXHIBIT A: Conditions of Approval AMND 19-0012 Conditions of Approval Conditional Use Permit Wireless Telecommunication Facility 6500 (6490) EI Camino Real CUP 97-0009 / AMND 19-0012 1. Conditional Use Permit 97-0009 shall be amended to allow for a stealth tower at a maximum height of 80 feet with additional height as necessary for faux branch material as described in attached Exhibit C located at 6490 EI Camino Real (assessor's parcel number 030-191-017), regardless of owner. 2. The approval of this use permit shall become final and effective for the purposes of issuing building permits fourteen (14) days following the Planning Commission approval unless an appeal of the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 3. All conditions of approval of for CUP 97-009 shall remain in effect unless specifically amended by this resolution. 4. The Community Development Department shall have the authority to approve minor changes to the project that (1) modify the site plan of the project by less than 10%, (2) result in a superior site design or appearance, and/or (3) address a construction design issue that is not substantive to the Conditional Use Permit. 5. The owner and applicant shall defend, indemnify, and hold harmless the City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the City, or any of its entities, concerning this conditional use permit. Planning Services 6. All existing faux pine material shall be replaced as needed to ensure color and quality compatibility with the newly added pine material. 7. Equipment enclosure shall be constructed of dark color split face block. 8. The facility shall be maintained in perpetuity in a manner consistent with the CUP approval, including continued upkeep and maintenance of the pine material and replacement of such should it become faded or in a state of disrepair. 9. Faux branches shall be constructed of a solid material. No PVC or fiberglass style branches shall be permitted. 10. Faux bark shall be continued up the entire length of the pole consistent with the attached exhibits. 11. Foliage shall be painted/ and or treated to decrease color degradation over time. 12. Should the upgrades to the tower and enclosure be completed significantly before construction activity is scheduled to begin on the La Plaza project, landscape screening and irrigation shall be installed directly adjacent to the equipment enclosure. Landscape material shall consist of drought tolerant species that provide visual screening year round. EXHIBIT B: Project Plan Exhibits amND1so12 |\ ! -Ow / $§/, /. All _i 2_z� : .f � � � � | » ) � k||■ ° � s xxn� a a z z O 4 m'{a uj ° g g` Q 140 llo vf Zz) ,- 113 J $111191 gab } m a °`Ig O c i '< ! V 1 aIs �'lt� i i Og w J ... W ff W W fl 0 O 0. N a cc �, g4 fin, 8 3a w z IN I I', co LL D to cc m i_ 'ale 1. X < N < D a R I W Z N s S1 Zia to