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Home My WebLink AboutPC Resolution 2019-0015A, PC RESOLUTION 2019-0015 RESOLUTION OF THE PLANNING COMMISSION UN 2019 PLANNING OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING AMND18-0140, CONDITIONAL USE PERMIT AMENDMENT 2000-0019 AND PLN 2013-1479 TO ALLOW MODIFICATION AND EXPANSION OF EXISTING CELLULAR FACILITIES FOR SPRINT PCS IN THE RESIDENTIAL SINGLE-FAMILY ZONE (APN 030-441-023) 9575 VISTA BONITA AVENUE / MICHAEL FREDERICK / SPRINT PCS / SURESITE CONSULTING WHEREAS, an application has been received from Applicant, Jerry Ambrose (3905 State Street #7-188, Santa Barbara CA 93105) in care of Sprint PCS, and Property Owner, Michael Frederick (PO Box 573, Atascadero CA 93423) to consider an Amendment to Conditional Use Permit CUP 2000-0019 and PLN 2013-1479 to update existing cellular facilities at 9575 Vista Bonita Avenue; and, and WHEREAS, the site's General Plan Designation is Single -Family Residential (SFR -Y); WHEREAS, the site's Zoning is Residential Single -Family (RSF-Y); and WHEREAS, a Conditional Use Permit is required for any cellular facilities in the City of Atascadero; and WHEREAS, the proposed project is consistent with the previously approved Mitigated Negative Declaration; and WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and WHEREAS, a timely and properly noticed Public Hearing upon the subject Conditional Use Permit application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Conditional Use Permit; and WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on June 4, 2019, studied and considered the Amendment to Conditional Use Permit 2000-0019 and PLN 2013-1479. NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings of Environmental Exemption. The Planning Commission finds as follows: 1. The proposed project has been determined to be consistent with Certified Mitigated Negative Declaration 2001-0019 and the mitigation measures shall be enforced as a part of the building permit process. SECTION 2. Findings for approval of Conditional Use Permit. The Planning Commission finds as follows: 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 Fact: The cellular facility use at this location is consistent with the General Plan land use designation through Resolution No. 1998-005 that allowed cellular facilities on Chalk Mountain. The proposed use is consistent with General Plan Land Use Element Goals LOC 13 and LOC 14 and Land Use Policy 14.1. 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance); and Fact: 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; and Fact: The proposed use continues with the existing use of a cellular facility. The development of the project will not be detrimental to the .general public or working person's health, safety, or welfare. 4. That the proposed project or use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development; and Fact: Previous Planning Commission resolutions allowed for co -located wireless facilities at the Chalk Mountain site. As a part of this resolution, the City requires that they be constructed in a manner that they avoid excessive visibility. Staff has conditioned the project so that monopole towers be utilized instead of the proposed structures to reduce visibility of the proposed tower additions. 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. Fact: The proposed project will not increase traffic because the cellular facilities are to be unmanned. Based on staff's analysis in the preceding sections, it appears that all of the required findings for approval of a Conditional Use Permit can be made. SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on June 4, 2019, resolved to approve the amended Conditional Use Permit 2000-0019 and PLN 2013-1479 subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: New Landscape Plan EXHIBIT C: New Overall Site Plan EXHIBIT D: New Layout Plan EXHIBIT E: New Elevations On motion by Commissioner Anderson, and seconded by Commissioner Dariz, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: Anderson, van den Eikhof, Wolff, Dariz, Shaw and Zirk (5 ) NOES: Commissioner Beraud (1) ABSENT: Commissioner Wolff (1 ) ABSTAINED: None ADOPTED: June 4, 2019 CI OF ATASCAD P , CAS. Tom rk Planning Commission irperson F11% a 116111 Phil Dunsmore Planning Commission Secretary (0) t:\- pins (pre 2018 projects)\- 13 pins\pin 2013-1479 cup amendment cell tower\amnd 18-0140 sprint\pc resolution 2019- 0015.docx Exhibit A: Conditions of Approval AMND 18-0140 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation CUP 2000-0019 and PLN 2013-1479 Amendment /Monitoring Measure PS: Planning Services 9575 Vista Bonita BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer Chalk Mountain Telecommunication Site TO: Temporary Occupancy WW: Wastewater F0: Final Occupancy CA: City Attorney Standard Conditions 1. The approval of this use permit shall become final and BP PS 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. 2. Approval of this Conditional Use Permit shall be valid for BP PS 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. 3. The Community Development Department shall have the BP PS 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. Project Conditions 4. All site design, landscaping, antenna / shelter placement, site BP/FO PS fencing, exterior elevations, finish materials and colors shall be consistent with Exhibit B through Exhibit 5. The 3 -foot tall landscape berm shall be continued along the BP/ PS 1.C. perimeter of the equipment pad as shown on Exhibit € B. Landscape Plan 6. The existing Verizon cabinet shall be painted with a FO PS 1.C. camouflage pattern to minimize the existing impacts of the structure and to maintain consistency with the new applications 7. The above ground shelters shall be inset two feet into the hill BP PS 1.13. and pit set 2-3 feet to minimize the visual impacts of the cabinets as shown on Exhibit 0 E. Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation CUP 2000-0019 and PLN 2013-1479 Amendment /Monitoring Measure PS: Planning Services 9575 Vista Bonita BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department Chalk Mountain Telecommunication Site FI: Final Inspection TO: Temporary Occupancy CE: City Engineer WW: wastewater F0: Final Occupancy CA: City Attorney 8. The access drive shall be gated at the top of the hill and RF FO PS 7.C. Radiation Warning signs shall be posted on the gate and in a visible location near the equipment area. 9. The City of Atascadero shall be allowed reasonable access Ongoing to the site and shall be allowed use of the site for the purposes of installing, operating and maintaining telecommunications equipment. 10. No exterior lighting shall be installed on any structures. BP PS 11. Air conditioning units and controls shall be maintained to BP PS insure proper operation and prevent excessive high speed operation and the air conditioning units shall be equipped with the Bard Compressor Sound Cover 8002-0005 described on the noise analysis information provided for the project. 12. All chain link fencing on the site shall be treated with an earth FO PS tone coating without slats. 13. Any perimeter fencing required by the RF study shall be an BP/FO PS agricultural style T -bar fence with metal barbed wire. 14. Prior to the final inspection the applicant shall submit written FO PS verification from a licensed land surveyor or a registered civil engineer that the elevation of the top of the monopoles is at or below the 1223 -foot topographical elevation and must be consistent with monopole heights that are shown in Exhibit E. 15. A landscaping plan is required at building permit submittal to BP PS show drought tolerant species as shown in Exhibit E. 16. Prior to issuance of building permit for additional antennas, BP PS applicant must provide a signed landscaping maintenance contract showing a minimum of 60 -day visit and include re -fill of on-site irrigation tanks. 17. All plants that are dead and/or dying shall be reinstalled on- BP PS site with proper irrigation to ensure survival prior to final building permit issuance. 18. Applicant shall submit, at the time of the building permit, a BP PS color scheme for the tower(s). Color schemes may include camouflage or earth tone coloring. Color schemes are to be approved by staff. City Engineer Conditions Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation CUP 2000-0019 and PLN 2013-1479 Amendment /Monitoring Measure PS: Planning Services 9575 Vista Bonita BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspecton CE: City Engineer Chalk Mountain Telecommunication Site TO: Temporary Occupancy WW: wastewater F0: Final Occupancy CA City Attorney 19. The applicant shall enter into a Plan Check/Inspection BP CE agreement with the City of Atascadero. 20. The applicant shall be responsible for the relocation and/or BP CE alteration of existing utilities. 21. Prior to the issuance of building permits, the applicant shall BP CE submit a grading and drainage plan prepared by a registered civil engineer for review and approval by the City Engineer. 22. Prior to the final inspection, the applicant shall submit a written FO CE statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans and the uniform Building Code (UBC) prior to the final inspection. 23. The existing driveway shall be reconstructed to meet City BP CE Standards prior to the issuance of a building permit for the cellular facilities. An engineered grading and drainage plan will be required to be approved for the reconstruction of the driveway. Exhibit B: New Landscape Plan AMND 18-0140 N Yy g a, I idi 4g j� I ' 31.1 "U o 156 ila 0'!! tit 3A H Ot W fiig g 6 f gig HIM II i g Al IR fln 1§;' t 'IIB 'k r?gfwk sr U 11 111-1-110-1-1 T""", Iz- gs < CL CL 60'- a8 0- 9. Exhibit C: New Overall Site Plan AMND 18-0140 Exhibit D: New Layout Plan AMND 18-0140 91 fNTDAP "-JAI: ;EI-:rIftT Me Mn4k 5t ''J FE4 g7:TN, . ".1) TDTAL a Whw4u ' Ltd w LIGE 4asSf e x}FE45ruk" lick ;E} 1?� WIHa FPIH IBELQ#), "} iE4 EECT04. (1) 'TGTiL �. - ,'EJ ;:Cfr3�ETE F+s�iM17, 11T` /� aas/•pmyt �r- e f ' si w,,mT -K Kat ,, WIE+14A 04.lhG VAR, WJF. �rcflns�a+r EXISTING ANTENNA LAYOUT PLAN V XW sojimmit suer SMJM '1' smTOH ,V ME WIM MD FGDTIMA (7) TOM 9 I T E 1 i I e r f iM} 05 09 STV)M COMMi IFFE VMi 4RMK "W. it" r�L+nrN, TIP. FNALL sECraN, r G"m ALL (9) IVnEft!l mm I AkV PM WASIS (SEE SBFT' Q I FOR GWLWhC VICA Y. N,A I Ffk NH. (T) FE4 5ECTOT, () TOTAL 0 .RL9E (E) PPE MW sEcreTa 'r S9CT9'd 's' i �— sapfHosw )-mmo (T) PER SECTOR. is) TDTAL tCv I (AF) m AWWHA mm,, mAGtM3 MOW, :'} PER SECTOR, 3} MTAL`D' 1 W 1+31J'' I-90fltr 2.104 3ECT01 'S SE1$A r . CfiIR CF A£t� MINIM No RRH'4.TT 4.4Tp1 Eb571W'. NEW ANTENNA LAYOUT PLAN ® AA �a' 3 Exhibit E: New Elevations AMND 18-0140