HomeMy WebLinkAboutPC_2021-05-18_AgendaPacket
* COVID-19 NOTICE *
Consistent with Executive Orders N-25-20 and No. N-29-20 from the
Executive Department of the State of California and the San Luis Obispo
County Health Official’s March 18, 2020 Shelter at Home Order, the Planning
Commission Meeting will not be physically open to the public and Planning
Commissioners will be teleconferencing into the meeting.
HOW TO SUBMIT PUBLIC COMMENT:
Members of the public are highly encouraged to call 669-900-6833 to listen and
provide public comment via phone, or submit written public comments to
pc-comments@atascadero.org by 5:00 pm on the day of the meeting. Such email
comments must identify the Agenda Item Number in the subject line of the
email. The comments will be read into the record, with a maximum allowance of 3
minutes per individual comment, subject to the Chairperson’s discretion. All
comments should be a maximum of 500 words, which corresponds to approximately
3 minutes of speaking time. If a comment is received after the agenda item is heard
but before the close of the meeting, the comment will still be included as a part of the
record of the meeting but will not be read into the record.
If you would like to view presentations provided during the meeting, you may access
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https://us02web.zoom.us/j/83250238111?pwd=SG9OdGxyNHNTNmxRWEpHTzRQK0VnQT09
Webinar ID: 832 5023 8111
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Any member of the public who needs accommodations should contact the City
Clerk’s Office at cityclerk@atascadero.org or by calling 805-470-3400 at least 48
hours prior to the meeting or time when services are needed. The City will use their
best efforts to provide reasonable accommodations to afford as much accessibility
as possible while also maintaining public safety in accordance with the City procedure
for resolving reasonable accommodation requests.
Planning Commission agendas and minutes may be viewed on the City's website:
www.atascadero.org.
Copies of the staff reports or other documentation relating to each item of business referred to on
the Agenda are on file in the Community Development Department and are available for public
inspection on our website, www.atascadero.org. Contracts, Resolutions and Ordinances will be
allocated a number once they are approved by the Planning Commission. The Minutes of this
meeting will reflect these numbers. All documents submitted by the public during Planning
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 by contacting the Community Development
Department. All documents will be available for public inspection during City Hall business hours
once City Hall is open to the public following the termination of the Shelter at Home Order.
WEBSITE: www.atascadero.org
http://www.facebook.com/planningatascadero
@atownplanning
Scan this QR Code
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Commission Website.
CITY OF ATASCADERO
PLANNING COMMISSION AGENDA
REGULAR MEETING
Tuesday, May 18, 2021
6:00 P.M.
City Hall Council Chambers
6500 Palma Avenue, 4th Floor
Atascadero, California 93422
CALL TO ORDER
Pledge of Allegiance
Roll Call: Chairperson Jeff van den Eikhof
Vice Chairperson Tori Keen
Commissioner Jason Anderson
Commissioner Victoria Carranza
Commissioner Randy Hughes
Commissioner Jennifer McIntyre
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.)
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. APPROVE THE DRAFT MINUTES OF MAY 4, 2021
Recommendation: Commission approve the May 4, 2021, Minutes.
PLANNING COMMISSION BUSINESS
City of Atascadero Planning Commission Agenda Regular Meeting, May 18, 2021
Page 2 of 3
WEBSITE: www.atascadero.org
http://www.facebook.com/planningatascadero
@atownplanning
Scan this QR Code
with your smartphone
to view the Planning
Commission Website.
COMMUNITY DEVELOPMENT STAFF REPORTS
None
PUBLIC HEARINGS
(For each of the following items, the public will be given an opportunity to speak. After a
staff report, the Chair will open the public hearing and invite the applicant or applicant’s
representative to make any comments. Members of the public will be invited to provide
testimony to the Commission following the applicant. Speakers should state their name
for the record and can address the Commission for three minutes. After all public
comments have been received, the pub lic hearing will be closed, and the Commission
will discuss the item and take appropriate action(s).
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.
2. CONDITIONAL USE PERMIT FOR 9081 LA PAZ ROAD
The proposed project is to allow an oversized accessory structure. This project
qualifies for a Class 3 Categorical Exemption under CEQA Section 15303 for
new construction of small structures.
Ex Parte Communications:
Recommendation: Approve the project based on findings and conditions.
(USE21-0034)
3. CONDITIONAL USE PERMIT FOR 5075 CASCABEL ROAD
The proposed project is to allow more than two accessory structures. This project
qualifies for a Class 3 Categorical Exemption under CEQA Section 15303 for
new construction of small structures.
Ex Parte Communications:
Recommendation: Approve the project based on findings and conditions.
(USE21-0035)
COMMISSIONER COMMENTS AND REPORTS
DIRECTOR’S REPORT
ADJOURNMENT
The next regular meeting will be held on June 1, 2021, at 6:00 p.m.
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, May 18, 2021
Page 3 of 3
WEBSITE: www.atascadero.org
http://www.facebook.com/planningatascadero
@atownplanning
Scan this QR Code
with your smartphone
to view the 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 6:00 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 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 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.
PC Draft Minutes of 5/4/2021
Page 1 of 6
ITEM NUMBER: 1
DATE: 5-18-21
CITY OF ATASCADERO
PLANNING COMMISSION
DRAFT MINUTES
Regular Meeting – Tuesday, May 4, 2021 – 6:00 P.M.
City Hall (Teleconference)
6500 Palma Avenue, Atascadero, California
CALL TO ORDER - 6:00 p.m.
Chairperson van den Eikhof called the meeting to order at 6:04 p.m. and Commissioner
Anderson led the Pledge of Allegiance.
ROLL CALL
Present: By Teleconference - Commissioners Anderson, Carranza, Hughes,
McIntyre, Schmidt, and Chairperson van den Eikhof
Absent: Vice Chairperson Keen
Vacant: None
Others Present: By Teleconference - Recording Secretary, Annette Manier
Staff Present: By Teleconference –
Community Development Director, Phil Dunsmore
Senior Planner, Kelly Gleason
Associate Planner, John Holder
Assistant Planner, Mariah Gasch
City Attorney, Stephen McEwen
APPROVAL OF AGENDA
MOTION: By Commissioner Schmidt and seconded by
Commissioner Hughes to approve the Agenda.
Motion passed 6:0 by a roll-call vote.
(Vice Chairperson Keen absent)
PUBLIC COMMENT
None
Chairperson van den Eikhof closed the Public Comment period.
1
PC Draft Minutes of 5/4/2021
Page 2 of 6
ITEM NUMBER: 1
DATE: 5-18-21
CONSENT CALENDAR
1. APPROVE THE DRAFT MINUTES OF APRIL 20, 2021
Recommendation: Commission approve the April 20, 2021, Minutes.
MOTION: By Commissioner Anderson and seconded by
Commissioner Carranza to approve the
Consent Calendar.
Director Dunsmore stated that staff would like to note a correction to the minutes of April
20, 2021, on Page 3, to state that the motion failed due to a lack of the required number
of votes in accordance with City Attorney Pierik’s determination based on G.C. 36936.
Commissioner Anderson rescinded his motion due to his absence from the last meeting.
MOTION: By Commissioner Carranza and seconded
by Commissioner Hughes to approve the
Consent Calendar, with the above change.
Motion passed 6:0 by a roll-call vote.
(Vice Chairperson Keen absent)
PLANNING COMMISSION BUSINESS
None
COMMUNITY DEVELOPMENT STAFF REPORTS
None.
PUBLIC HEARINGS
2. SELF-STORAGE FACILITY AT 11450 VIEJO CAMINO AND 11505 EL CAMINO
REAL
The proposed project is a 56,330 sf self-storage facility on a 4.2-acre site, which
includes indoor storage units, a community/commercial space and a workshop. A
Notice of Intent to adopt a Mitigated Negative Declaration (EDN2021-0001) is
available for public review from 3/15/21 through 4/14/21. Exceptions to the
setback are requested as part of a creek realignment and restoration plan.
Ex Parte Communications:
Recommendation: Approve the project based on findings and conditions or deny
the application based on findings. (DEV20-0076)
EX PARTE COMMUNICATIONS
Commissioner Anderson - Spoke with Scott Newton on April 18, 2021 , on the phone
where some changes were discussed to obtain approval of the CUP. He spoke with Rob
2
PC Draft Minutes of 5/4/2021
Page 3 of 6
ITEM NUMBER: 1
DATE: 5-18-21
Fell, and he watched the previous meetings when he was absent. He received an email
from Scott Newton stating his efforts to secure the CUP.
Commissioner Carranza – Spoke to Frances Romero on April 30, 2021, and had a follow-
up question for her today and called her back. She spoke to Clyde Snyder, who emailed
her and wanted to talk further. She also received an email from Scott Newton.
Commissioner Hughes – Scott Newton tried to reach him via text message and email,
and because the item was continued, he felt it would better not to communicate so that
all Commissioners could have the same ability to communicate.
Commissioner McIntyre – Received an email from Scott Newton, but she did not respond.
Commissioner Schmidt – Received a phone call from Scott Newton discussing the
project, and received numerous emails that were forwarded.
Vice Chairperson Keen – She had a discussion with Susan Funk, Frances Romero, drove
to see the Nipomo structure called Woodlands Mini Storage and took some pictures that
she shared with Susan Funk.
Chairperson van den Eikhof – received a similar email from Scott Newton (did not
respond) phone message from Frances Romero and no time to respond.
Senior Planner Gleason presented the staff report. She stated that the applicant is willing
to eliminate the community room space and convert it to additional storage unit space. If
the Commission agrees, the conditions on the hours of operation would need to be
modified.
Vice Chairperson Keen joined the meeting at 6:30 p.m. and announced that she has
ex parte to discuss, which is listed above.
Director Dunsmore and Planner Gleason answered questions from the Commission.
PUBLIC COMMENT
The following members of the public spoke: Frances Romero who gave a presentation
(Exhibit A) and stated that the applicant wants to remove the community room, Monte
Clouse, Vy Pierce, Amoreena Anker, Clyde Snider, Rob Fell, and Steve Maloney.
All public comment received in advance of the meeting was fo rwarded to the Commission
and will be made a part of the administrative record by Recording Secretary Manier (see
Exhibits B-PP). Recording Secretary Manier read the name of each person who had
submitted public comment on this item and stated if that person was in favor or in
opposition to the project. Emails and letters will be entered into the record by Recording
Secretary Manier (see Exhibits B-PP)
Chairperson van den Eikhof closed the Public Comment period.
Chairperson van den Eikhof recessed the meeting at 7:41 p.m.
Chairperson van den Eikhof reconvened the meeting at 7:46 p.m. with all present.
Chairperson van den Eikhof reopened the Public Comment period.
3
PC Draft Minutes of 5/4/2021
Page 4 of 6
ITEM NUMBER: 1
DATE: 5-18-21
PUBLIC COMMENT
The following member of the public spoke: Frances Romero who addressed question
raised during public comment.
Chairperson van den Eikhof closed the Public Comment period.
MOTION: By Commissioner Schmidt and
seconded by Commissioner McIntyre to adopt PC
Draft Resolution A approving a Conditional Use
Permit to establish a mini-storage facility and
associated Lot Merger, located at 11450 Viejo
Camino and 11505 El Camino Real and certifying
the proposed Mitigated Negative Declaration
prepared for the project, based on findings and
subject to conditions of approval, with
modifications as follows:
a) Add a condition requiring an open space
easement over the unused portion of the site.
b) Eliminate the meeting room, deleting condition
20 and revising condition 22 to eliminate hours of
operation for the meeting room.
c) Revise condition 24 as proposed by the
applicant related to Building E setback and
landscaping (Building E shall provide 11’ of
landscape area on the applicant’s property.
Landscaping shall include street trees spaced a
maximum of 30-feet on-center to be located
outside the City right-of-way. Landscaping shall
include screening materials Landscaping shall still
allow access to the rear of Building E for
maintenance).
d) Add a condition to reduce the parking to the
minimum required for the storage use and add
landscaping.
Motion passed 4:3 by a roll-call vote.
(Hughes, Keen, van den Eikhof opposed)
3. AMENDMENTS TO TITLE 9 OF THE ATASCADERO MUNICIPAL CODE
The proposed code text amendments would update the code for consistency with
the General Plan, implement the City’s Housing Element, and clarify code
language for various sections of the Zoning Code.
Ex Parte Communications:
Recommendation: Adopt the Draft Resolution recommending the City Council
introduce an Ordinance for first reading, by title only, to approve amendments to
Tile 9 of the Atascadero Municipal Code, based on findings. (ZCH21-0004)
4
PC Draft Minutes of 5/4/2021
Page 5 of 6
ITEM NUMBER: 1
DATE: 5-18-21
EX PARTE COMMUNICATIONS
None
Director Dunsmore and Planner Gasch presented the staff report and answered
questions from the Commission.
PUBLIC COMMENT
None
Chairperson van den Eikhof closed the Public Comment period.
MOTION: By Commissioner Anderson and seconded
by Commissioner Schmidt to adopt PC Resolution
(ZCH21-0004) recommending the City Council amend
Title 9 Planning & Zoning Section 9-2.112 permit time
limits, Section 9-3.230 Agriculture and residential district
allowable land uses, Section 9.3-2.62 property
development standards – RMF, Section 9.3-3.330 non-
residential district allowable land uses, Section 9-3.331
Mixed-use residential density, Section 9-3.430 Public
Districts allowable land uses, Section 9-3.500 Definitions,
Section 9-4.107 side setbacks, Section 9-4.112
Measurement of Height, Section 9-4.113 Height
Limitations, Section 9-4.128 Fencing and Screening,
Section 9-6.103 Accessory Storage, Section 9-6.105
Home Occupations, Section 9-6.106 Residential
Accessory Uses, Section 9-6.112 farm animal raising,
Section 9-6.113 Interim Agricultural uses, Section 9-9.102
General Definitions approval and determining this
Ordinance is exempt from review under the California
Environmental Quality Act, with a modification based on
staff’s recommendation to change the proposed
amendment to AMC Section 9-4.107 Side setbacks. The
modification includes keeping subsection (a)(2) but
revising the three-foot setback to five feet.
Motion passed 7:0 by a roll-call vote.
COMMISSIONER COMMENTS AND REPORTS
DIRECTOR’S REPORT
Director Dunsmore gave an update on the next hearing, which will include two accessory
structure projects.
5
PC Draft Minutes of 5/4/2021
Page 6 of 6
ITEM NUMBER: 1
DATE: 5-18-21
ADJOURNMENT – 10:15 p.m.
The next regular meeting is scheduled for May 18, 2021, at City Hall, Council Chambers,
6500 Palma Avenue, Atascadero.
MINUTES PREPARED BY:
____________________________
Annette Manier, Recording Secretary
Administrative Assistant
The following exhibits are available in the Community Development Department:
Exhibit A (Applicant’s presentation)
The Anker Family (Exhibit B)
Colleen Annes, MD (Exhibit C)
Colleen Annes, MD (Exhibit D)
Bing Anderson (Exhibit E)
Nancy Ayres (Exhibit F)
Heidi Barnett (Exhibit G)
Arlene Cruz (Exhibit H)
Robert and Novie Chambers (Exhibit I)
Monty Clouse, Ph.D. (Exhibit J)
Steven Davis (Exhibit K)
Rob Fell (Exhibit L)
Ashley Fry (Exhibit M)
Donna G (Exhibit N)
Margaret Herzik (Exhibit O)
Jim Hansen (Exhibit P)
Anna King (Exhibit Q)
Caroline Li (Exhibit R)
Miss Luke (Exhibit S)
Cathy & Jerry LeMoine (Exhibit T)
Steve Maloney (Exhibit U)
Janet Murrieta (Exhibit V)
Scott Newton (Exhibit W)
Susan Harvey-North County Watch (Exhibit X)
Camille P. O’Bryant (Exhibit Y)
Greg Padelford (Exhibit Z)
Vy Pierce (Exhibit AA)
Chris Quattlebaum (BB)
Killorin Riddell, Ph.D (CC)
Susan Riojas (DD)
Vance Ray (EE)
Clyde Snider (FF)
Richard & Rosemary Smith/Camille O’Bryant/Janet T. Murrieta (GG)
Frank Scotti (HH)
Steve Silva (II)
Brian Schultz (JJ)
Josh Thus (KK
Jafra Thomas (LL)
Drake Woods (MM)
Xuan Wang (NN)
Zoe Zappas (OO)
Max Zappas (PP)
6
ITEM 2 | 5/18/2021
Conditional Use Permit
USE21-0034/ Towers
ADDITIONAL INFORMATION MAY BE OBTAINED BY CONTACTING THE ATASCADERO
COMMUNITY DEVELOPMENT DEPARTMENT AT
http://www.atascadero.org
6500 PALMA AVENUE | ATASCADERO, CA 93422 | (805) 461-5000
Atascadero Planning Commission
Staff Report – Community Development Department
Oversized Accessory Structure
9081 La Paz Rd. / USE21-0034
RECOMMENDATION(S):
Staff Recommends: The Planning Commission adopt Draft Resolution approving
Conditional Use Permit (CUP) USE21-0034 allowing a 2,200 square-foot detached
accessory structure based on findings and subject to Conditions of Approval.
Project Info In-Brief:
PROJECT
ADDRESS: 9081 La Paz Rd. Atascadero, CA APN 045-431-012
PROJECT
PLANNER
Mariah Gasch
Assistant Planner 470-3436 mgasch@atascadero.org
PROPERTY
OWNER Chris Towers
GENERAL PLAN
DESIGNATION:
ZONING
DISTRICT:
SITE
AREA EXISTING USE PROPOSED USE
Rural Estate
(RE)
Residential
Suburban
(RS)
2.87
acres
Single-Family
Residence
Oversized Accessory
Structure
ENVIRONMENTAL DETERMINATION
☐ Environmental Impact Report SCH: ___________________________
☐ Negative / Mitigated Negative Declaration No. ___________
☒ Categorical Exemption CEQA – Guidelines Section 15303
☐ Statutory Exemption §§ 21000, et seq & ________________________
☐ No Project – Ministerial Project
7
ITEM 2 | 5/18/2021
Conditional Use Permit
USE21-0034/ Towers
Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
DISCUSSION:
Existing Surrounding Uses / Parcel Configurations:
Existing Zoning Existing Aerial / Surrounding
North: South: East: West:
Residential
Suburban (RS)
Residential Suburban
(RS)
Residential Suburban
(RS)
Residential
Suburban (RS)
Summary:
The applicant proposes to construct a 2,200 square-foot (40’ x 55’) metal structure that
will serve as a workshop and storage space. The plan shows the new building located
forty feet off the front property line, between the existing residence and La Paz Road. The
building is single-story with no interior walls, two pedestrian doors, one rollup door and
seven windows. The applicant is proposing a light gray color for the building and dark
gray for the roof.
The zoning code limits accessory structures to half the size of the primary structure,
regardless of lot size. The existing primary residence is only 739 Square feet in size,
therefore this site would be limited to an accessory structure of roughly 370 square feet
without use permit approval.
Background:
The subject property was a part of a larger parcel that was recently subdivided in June of
2020. Prior to the subdivision, the existing residence was categorized as an accessory
Proposed
carport and
workshop
Existing
Residence
RS
8
ITEM 2 | 5/18/2021
Conditional Use Permit
USE21-0034/ Towers
Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
dwelling unit (ADU). After the final map was recorded, the ADU became the primary unit.
Now, the 739 square residence is on a site of 2.87 acres. The applicant plans to eventually
build a larger primary unit on the property and re-establish the existing unit as an ADU.
Analysis:
According to the Atascadero Municipal Code, residential accessory structures are
permitted within the Residential Suburban (RS) zoning district. The current Atascadero
Municipal Code (AMC) states that accessory structures are limited to a floor area no
greater than fifty percent (50%) of the gross floor area of the principle structure. Accessory
structures may exceed the prescribed floor area if they are approved for a Conditional
Use Permit by the Planning Commission (AMC 9-106).
In accordance with the Atascadero Municipal Code (AMC), all buildings within the RS
zoning district must be adhere to the 30 foot building height maximum (AMC 9.4.113(a)).
All development in this district must also adhere to the following setback distances (AMC
9.4.106-108):
Front Setback: Twenty-five (25) feet
Side Setback: Five (5) feet
Rear Setback: Ten (10) feet
The applicant proposes to extend a path from the existing driveway which serves the
residence to the proposed new accessory structure . The accessory structure will be
connected to water and electricity. The applicant plans to use the structure as a workshop
and storage area for personal items that cannot be stored in the residence due to its small
size.
The project is not expected to conflict with policies in the Atascadero General Plan or
regulations in the AMC. Since the existing residence on the site covers approximately
740 square-feet, the new structure exceeds the 50% requirement and therefore requires
Conditional Use Permit approval from the Planning Commission. The new structure is
proposed near one native oak tree. Per AMC standards, the applicant is required to install
tree protection fencing to protect the trees during construction.
Design and Scale
The proposed structure will be twelve feet tall at the eaves and seventeen feet tall at the
peak. The building will be reinforced to hold solar panels in the future as well. There is a
4' high wainscoting on the building with a dark gray color and a lighter gray color on the
upper 8'. The roof and doors will be light grey with dark grey trim. Additionally, there will
be 2 cupolas provided by a third party for the roof to give the building a more rural and
less commercial appearance.
9
ITEM 2 | 5/18/2021
Conditional Use Permit
USE21-0034/ Towers
ADDITIONAL INFORMATION MAY BE OBTAINED BY CONTACTING THE ATASCADERO
COMMUNITY DEVELOPMENT DEPARTMENT AT
http://www.atascadero.org
6500 PALMA AVENUE | ATASCADERO, CA 93422 | (805) 461-5000
Elevations
Front and southern elevation
Front and northern elevation
Rear Elevation
4’ wainscoting
at the base
with
contrasting
color
Two cupolas
to be added
Larger
windows
required
facing the
street
10
ITEM 2 | 5/18/2021
Conditional Use Permit
USE21-0034/ Towers
ADDITIONAL INFORMATION MAY BE OBTAINED BY CONTACTING THE ATASCADERO
COMMUNITY DEVELOPMENT DEPARTMENT AT
http://www.atascadero.org
6500 PALMA AVENUE | ATASCADERO, CA 93422 | (805) 461-5000
Example of a metal building with wainscoting and a cupola
Proposed colors
There are existing trees lining La Paz Road that will provide some screening between
however, the site is raised from La Paz and the structure will be highly visible from the
road. Staff has added a condition that the applicant submit a landscape and irrigation plan
in addition to their building submittal to provide additional screening from the street. All
required landscaping shall include native and drought tolerant species. Staff has added
a condition requiring manzanitas, ceanothus, and a minimum of one flannel bush be
incorporated into the landscape plan.
Top 8’ of building and roof Lower 4’ of building and trim
11
ITEM 2 | 5/18/2021
Conditional Use Permit
USE21-0034/ Towers
Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
ENVIRONMENTAL DETERMINATION:
The proposed project is Categorically Exempt (Class 3) 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.) CEQA pursuant to CEQA Guidelines Section 15303, because it includes new
construction of a small accessory structure.
FINDINGS:
To approve the Conditional Use Permit, the Planning Commission must make the
following findings. These findings and the facts to support these findings are included in
the attached PC Resolution 2021.
Conditional Use Permit (AMC Section 9-2.110(b).(3).(iv)
1. The proposed project or use is consistent with the General Plan :
2. The proposed project or use satisfies all applicable provisions of this title;
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
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Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
residing or working in the neighborhood of the use, or be detrimental or injurious
to property or improvements in the vicinity of the use;
4. That the proposed project or use will not be inconsistent with the character of the
immediate neighborhood or contrary to its orderly development;
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
ALTERNATIVES:
1. The Planning Commission may include modifications to the project and/or
Conditions of Approval for the project. Any proposed modifications including
Conditions of Approval, should be clearly re-stated in any vote on any of the
attached resolutions.
2. The Planning 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. A motion, and approval of that motion, is
required to continue the item to a future date.
3. The Planning Commission may deny the project. The Commission must specify
what findings cannot be made, and provide a brief oral statement based on the
Staff Report, oral testimony, site visit, correspondence, or any other rationale
introduced and deliberated by the Planning Commission.
ATTACHMENTS:
1. Draft PC Resolution
2. Location and Zoning Map
3. Aerial View
4. Site Photos
13
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Conditional Use Permit
USE21-0034/ Towers
ADDITIONAL INFORMATION MAY BE OBTAINED BY CONTACTING THE ATASCADERO
COMMUNITY DEVELOPMENT DEPARTMENT AT
http://www.atascadero.org
6500 PALMA AVENUE | ATASCADERO, CA 93422 | (805) 461-5000
ATTACHMENT 1: Draft Resolution
USE21-0034
DRAFT PC RESOLUTION
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ATASCADERO, CALIFORNIA,
APPROVING USE21-0034, TO ALLOW THE CONSTRUCTION OF AN
OVERSIZED ACCESSORY STRUCTURE ON APN 031-161-004
9081 LA PAZ ROAD
TOWERS
WHEREAS, an application was received from Chris Towers, 9081 La Paz Road., Atascadero, CA
93422, (owner and applicant) for a Conditional Use Permit to construct an oversized accessory structure;
and
WHEREAS, the site has a General Plan Designation of Rural Estate (RE); and
WHEREAS, the property is in the Residential Suburban (RS) zoning district; and
WHEREAS, detached accessory structures in excess of fifty percent (50%) of the primary
residence are subject to the approval of a minor Conditional Use Permit; 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 impleme ntation 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 reviewed the proposed Conditional Use Permit application
on May 18, 2021, at 6:00 p.m. and considered testimony and reports from staff, the applicants, and the
public.
NOW THEREFORE, the Planning Commission of the City of Atascadero, California, takes the
following actions:
SECTION 1. CEQA. The Planning Commission finds as follows:
1. The proposed project is Categorically Exempt (Class 3) 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.) CEQA pursuant to
CEQA Guidelines Section 15303, for new construction of small structures including accessory
structures.
14
ITEM 2 | 5/18/2021
Conditional Use Permit
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Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
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; and
Fact: Detached accessory structures are consistent with the Single-Family Residential land use
designation of the General Plan. Land Use, Open Space and Conservation Element Program 1.1.6
requires the size, use and appearance of accessory structures in the residential zoning districts to be
compatible with the surrounding neighborhood. The proposed structure has an agricultural
appearance in keeping with the area. While the proposed structure is over 50% of the size of the
primary residence, it will serve a residential use, including a workshop and noncommercial storage.
2. The proposed project or use satisfies all applicable provisions of the Zoning Ordinance; and
Fact: As proposed, the project will meet the property’s setback, height and other site design
requirements. The use of the structure will be limited to uses permitted by the Zoning Ordinance.
The project, with Planning Commission approval of this Conditional Use Permit, satisfies all
applicable provisions of the Zoning Ordinance related to residential accessory structures.
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 use of the accessory structure on the property includes a workshop and the storage of
personal items for noncommercial use. This is a typical use in residential single-family
neighborhoods. The proposed structure will be constructed to meet the standards of the building
code.
4. The proposed project or use will not be inconsistent with the character of the immediate
neighborhood or contrary to its orderly development; and
Fact: The view of the proposed structure from La Paz Road will be filtered with vegetation. The
design will fit in with the character and architectural styles of the surrounding neighborhood. Staff
has added a condition to include the proposed wainscoting around the build ing in a color that is
darker than but complementary to the rest of the building. The project also includes a conditions
that the color palette shall be neutral to match the rural surroundings.
5. 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
Fact: The addition of a residential accessory structure will not contribute additional traffic in the
neighborhood. The use of the structure will be similar to uses currently onsite. No additional
residential units will be added.
6. The proposed project is in compliance with any pertinent City policy or criteria adopted by
ordinance or resolution of the City Council; and
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ITEM 2 | 5/18/2021
Conditional Use Permit
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Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
Fact: Detached accessory structures are permitted in the residential districts. The proposed
structure, with staff recommended conditions, is compliant with all related zoning codes and plans.
SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a regular session
assembled on May 18, 2021, resolved to approve Conditional Use Permit USE21-0034, subject to the
following:
EXHIBIT A: Conditions of Approval
EXHIBIT B: Site Plan
EXHIBIT C: Elevation Drawings
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: ( )
ABSENT: ( )
ABSTAINED: ( )
ADOPTED:
CITY OF ATASCADERO, CA
_________________________________________
Jeff van den Eikof
Planning Commission Chairperson
ATTEST:
___________________________________
Phil Dunsmore
Planning Commission Secretary
16
ITEM 2 | 5/18/2021
Conditional Use Permit
USE21-0034/ Towers
ADDITIONAL INFORMATION MAY BE OBTAINED BY CONTACTING THE ATASCADERO
COMMUNITY DEVELOPMENT DEPARTMENT AT
http://www.atascadero.org
6500 PALMA AVENUE | ATASCADERO, CA 93422 | (805) 461-5000
EXHIBIT A: Conditions of Approval
USE 19-0130
Conditions of Approval
USE21-0034
9081 La Paz Road
Detached Accessory Structure
Timing
BL: Business License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary Occupancy
FO: Final Occupancy
Planning Services Conditions
1. This Conditional Use Permit shall allow the accessory structure described in the
attached exhibits and located on APN 045-431-012.
Ongoing
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 to the decision is filed as set forth in Section 9-1.111(b) of
the Zoning Ordinance.
Ongoing
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 and any associated Tentative Maps unless
appealed to the City Council.
BP
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 and started
construction on the project.
BP
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 construction or use of the
detached accessory structure.
Ongoing
6. Architectural elevations shall be consistent with Exhibit C. Exterior building and roof
colors and materials shall be neutral to match the rural surroundings. The building
shall include a 4-foot tall wainscoting in a complementary contrasting color to the
remainder of the building. The wainscoting and trim shall be in a color darker than the
remainder of the building. Two cupolas shall also be included in the design. Cupolas
shall be sized in proportion to the building and shall be architecturally compatible.
BP / FI
7. Windows on the south facing building shall be the same size and location as the
windows on the north facing building, as show in Exhibit C.
BP
8. Building Height shall comply with the standards of the Zoning Ordinance. BP
9. The applicant shall submit a landscape and irrigation plan concurrently with their
building permit submittal. Additional landscaping shall screen the structure from La
Paz Road and include native and drought tolerant species. Manzanitas, ceanothus,
and a minimum of one flannel bush shall be incorporated into the landscape plan.
BP / FI
17
ITEM 2 | 5/18/2021
Conditional Use Permit
USE21-0034/ Towers
ADDITIONAL INFORMATION MAY BE OBTAINED BY CONTACTING THE ATASCADERO COMMUNITY DEVELOPMENT DEPARTMENT AT
http://www.atascadero.org
6500 PALMA AVENUE | ATASCADERO, CA 93422 | (805) 461-5000
EXHIBIT B: Site Plan
USE21-0034
Existing Residence
New Structure
Additional
Landscape Areas
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ITEM 2 | 5/18/2021
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Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
EXHIBIT C: Elevations
USE19-0130
Front and southern elevation Front and northern elevation
4’ wainscoting
to be a darker
contrasting
color
Larger windows to
match opposite side
Two cupolas
added
Rear elevation
19
ITEM 2 | 5/18/2021
Conditional Use Permit
USE21-0034/ Towers
ADDITIONAL INFORMATION MAY BE OBTAINED BY CONTACTING THE ATASCADERO
COMMUNITY DEVELOPMENT DEPARTMENT AT
http://www.atascadero.org
6500 PALMA AVENUE | ATASCADERO, CA 93422 | (805) 461-5000
ATTACHMENT 2: Location and Zoning
USE21-0034
Residential Suburban
20
ITEM 2 | 5/18/2021
Conditional Use Permit
USE21-0034/ Towers
ADDITIONAL INFORMATION MAY BE OBTAINED BY CONTACTING THE ATASCADERO
COMMUNITY DEVELOPMENT DEPARTMENT AT
http://www.atascadero.org
6500 PALMA AVENUE | ATASCADERO, CA 93422 | (805) 461-5000
ATTACHMENT 3: Aerial View
USE21-0034
Existing Residence
Proposed Structure
location
21
ITEM 2 | 5/18/2021
Conditional Use Permit
USE21-0034/ Towers
ADDITIONAL INFORMATION MAY BE OBTAINED BY CONTACTING THE ATASCADERO
COMMUNITY DEVELOPMENT DEPARTMENT AT
http://www.atascadero.org
6500 PALMA AVENUE | ATASCADERO, CA 93422 | (805) 461-5000
ATTACHMENT 4: Site Photos
USE21-0034
View looking northeast La Paz Road
View looking northwest on La Paz Road
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ITEM 2 | 5/18/2021
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Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
Building site
23
ITEM 3 | 5/18/21
Conditional Use Permit
USE21-0035/Wetzel
ADDITIONAL INFORMATION MAY BE OBTAINED BY CONTACTING THE ATASCADERO
COMMUNITY DEVELOPMENT DEPARTMENT AT
http://www.atascadero.org
6500 PALMA AVENUE | ATASCADERO, CA 93422 | (805) 461-5000
Atascadero Planning Commission
Staff Report – Community Development Department
USE 21-0035
Conditional Use Permit to allow
Multiple Residential Accessory Structures
RECOMMENDATION(S):
Staff Recommends: The Planning Commission (PC) adopt draft Resolution approving a
Conditional Use Permit (USE21-0035) to allow more than two (2) accessory structures
on a residential property, subject to findings and conditions of approval.
Project Info In-Brief:
PROJECT
ADDRESS: 5075 Cascabel Road Atascadero, CA APN 054-091-019
PROJECT
PLANNER
John Holder
Associate Planner 470-3448 jholder@atascadero.org
PROPERTY OWNER Tim and Darcy Wetzel
GENERAL PLAN
DESIGNATION:
ZONING
DISTRICT:
SITE
AREA EXISTING USE PROPOSED USE
Rural Estate (RE) Residential
Suburban (RS)
3.22
acres
Single-Family
Residence Single-Family Residential
ENVIRONMENTAL DETERMINATION
☐ Environmental Impact Report SCH: ___________________________
☐ Negative / Mitigated Negative Declaration No. ___________
☒ Categorical Exemption CEQA – Guidelines Section 15303
☐ Statutory Exemption §§ 21000, et seq & ________________________
☐ No Project – Ministerial Project
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ITEM 3 | 5/18/21
Conditional Use Permit
USE21-0035/Wetzel
Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
DISCUSSION:
Existing Surrounding Uses / Parcel Configurations:
Existing Zoning Existing Aerial / Surrounding
North: South: East: West:
Residential Suburban
(RS)
Residential Suburban
(RS)
Residential Suburban
(RS)
Residential
Suburban (RS)
Summary:
The project site is an approximately 3.3 -acre parcel located within the Residential
Suburban (RS) zoning district and contains native oak trees on a steep slope towards
the rear of the property. The property currently contains a single-family residence, an
Accessory Dwelling Unit (ADU) constructed in 1981 (Permit no. 557), and a trellis
structure that houses solar heating for the pool. One driveway provides access from
Cascabel Road to the primary residence and the exi sting ADU, and an additional
decomposed granite (DG) driveway of approximately 10 feet in width provides access to
the accessory structures on site.
The applicants recently constructed an open sided equine shelter without construction
permit approval as they were unaware that this type of structure requires a permit. The
applicants contacted the City upon being notified of the permit requirement and were
advised to submit a Conditional Use Permit application to allow the non-permitted
structure to be brought into compliance and allow for additional structures to
accommodate a new code compliant animal shelter and future workshop. The
Atascadero Municipal Code currently allows for a maximum of 2 accessory structures
without use permit approval and requires a 25-foot minimum setback from the property
line for animal shelters. The non-permitted structure is approximately eight (8) feet from
the property line, making it unusable as an animal shelter. The applicants are
requesting a total of four accessory structures on the property. (It is important to note
Proposed location of
accessory structures
(5075 Cascabel)
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ITEM 3 | 5/18/21
Conditional Use Permit
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Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
that the ADU does not count toward the maximum number of accessory structures
allowed on a residential property).
Based on these code requirements, the applicants are proposing to convert the existing
non-permitted structure (animal shelter) into a storage use and construct an additional
structure to shelter their horses that complies with all required setbacks. In addition, the
applicant would like to include an additional future workshop in this use permit approval
to be constructed within the next 5 years as outlined in the phasing summary below:
Phase 1 - Convert an existing 576 animal shelter into a storage structure
(immediate)
Phase 2 - Construct a new 576 square foot animal enclosure in compliance with
agricultural building setbacks. (within the next year)
Phase 3 - Construct a new detached workshop. (within 5 years)
Analysis:
According to Atascadero Municipal Code (AMC) Section 9-6.106, up to two non-
habitable residential accessory structures are permitted within Residential Single-Family
zoning districts and are limited to a floor area no greater than fifty percent (50%) of the
gross floor area of the principle structure on the property. This rule does not apply to the
existing ADU but does apply to the pool trellis and equine shelter. The proposed
additional equine shelter and workshop trigger the review of a use permit for
neighborhood compatibility.
All proposed structures on site will be less than fifty percent of the 3,251 square-foot
primary residence on site in compliance with current municipal code limitations.
However, a condition has been added to allow for an increase in the square -footage of
the workshop building to allow flexibility based on code text amendments currently in
process. Staff is currently processing a code text amendment that would allow for
accessory structures up to 100% of the size of the primary residence based on design
standards. The proposed workshop is conditioned to comply with standards in effect at
the time of permit application.
AMC section 9-6.109 contains standards for agricultural accessory buildings, including a
side and rear setback of twenty-five (25) feet. The existing 576 square foot equine
shelter does not meet these setback standards as the current setback is approximately
eight (8) feet from the property line. Therefore, the applicant is proposing to convert this
existing structure into accessory storage and construct a new animal shelter in
compliance with the setbacks. The new shelter will be the same as the existing non-
permitted structure and will be open on two sides. A condition has been included that all
access meet City engineering and fire department access standards.
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ITEM 3 | 5/18/21
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Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
Neighborhood Compatibility
The surrounding parcels are generally developed with single -family residences on 3 to 5
acre lots that contain agricultural uses, accessory structures, and large single family
homes. The new equine shelter will be the same as the existing agricultural accessory
structure on site and have a red, wooden exterior. The workshop is proposed to be a
pre-manufactured metal building typical of accessory structures in Atascadero. The
structure will be required to meet all municipal code standards, including any new
standards adopted for larger structures should the applicant choose to exceed 50% of
the house size at the time of permit submittal. The proposed workshop is setback five
(5) feet from the side property line (minimum 5 -foot required by code). The Planning
Commission has the option to add any landscape screening or architectural features as
needed to achieve neighborhood compatibility.
The accessory structures on site are considered to be compatible with the character of
the immediate parcels and pattern of development in the area.
ENVIRONMENTAL DETERMINATION:
The proposed project is Categorically Exempt (Class 3) 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.) CEQA pursuant to CEQA Guidelines Section 15303, because it is an accessory
(appurtenant) structure and will not require any grading on slopes over 20%.
FINDINGS:
To approve the Conditional Use Permit, the Planning Commission must make the
following findings. These findings and the facts to support these findings are included in
the attached PC Resolution 2021 A.
Conditional Use Permit (AMC Section 9-2.110(b).(3).(iv)
1. The proposed project or use is consistent with the General Plan;
2. The proposed project or use satisfies all applicable provisions of this title;
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;
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
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
27
ITEM 3 | 5/18/21
Conditional Use Permit
USE21-0035/Wetzel
Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
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.
ALTERNATIVES:
1. The Planning Commission may include modifications to the project and/or
Conditions of Approval for the project. Any proposed modifications , including
Conditions of Approval, should be clearly re-stated in any vote on any of the
attached resolutions.
2. The Planning 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. A motion, and approval of that motion, is
required to continue the item to a future date.
3. The Planning Commission may deny the project. The Commission must specify
what findings cannot be made, and provide a brief oral statement, based on the
Staff Report, oral testimony, site visit, correspondence, or any other rationale
introduced and deliberated by the Planning Commission.
ATTACHMENTS:
1. Draft PC Resolution
28
ITEM 3 | 5/18/21
Conditional Use Permit
USE21-0035/Wetzel
Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
ATTACHMENT 1: Draft PC Resolution
USE21-0035
DRAFT PC RESOLUTION
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ATASCADERO, CALIFORNIA,
APPROVING USE21-0035, TO ALLOW MORE THAN TWO ACCESSORY
STRUCTURES ON A RESIDENTIAL PROPERTY AT APN 054-091-019
5075 CASCABEL ROAD
WETZEL
WHEREAS, an application was received from Tim and Darcy Wetzel (owner), at 5075 Cascabel
Road, Atascadero, CA 93422, for a minor conditional use permit to allow for more than 2 accessory
structures on a residential property; and
WHEREAS, the property is in the Suburban Estates (SE) General Plan designation; and
WHEREAS, the property is in the Residential Suburban (RS) zoning district; and
WHEREAS, Approval of a minor conditional use permit is required to allow more than two
accessory structures to be constructed on a single-family property; 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 minor conditional use permit; and
WHEREAS, the Planning Commission reviewed the proposed minor conditional use permit
application and considered testimony and reports from staff, the applicants, and the public.
NOW THEREFORE, the Planning Commission of the City of Atascadero, California, takes the
following actions:
SECTION 1. CEQA. The Planning Commission finds as follows:
1. The proposed project is Categorically Exempt (Class 3) 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.) CEQA pursuant to
CEQA Guidelines Section 15303, for new construction of accessory structures.
SECTION 2. Findings for approval of Conditional Use Permit. The Planning Commission
finds as follows:
29
ITEM 3 | 5/18/21
Conditional Use Permit
USE21-0035/Wetzel
Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
1. The proposed project or use is consistent with the General Plan
Fact: Detached accessory structures are consistent with the Residential Single Family land use
designation of the General Plan. Land Use, Open Space and Conservation Element Program 1.1.6
requires the size, use and appearance of accessory structures in the residential zoning districts to
be compatible with the surrounding neighborhood. The proposed structures have an appearance
compatible with the rural nature of the surrounding area.
2. The proposed project or use satisfies all applicable provisions of the Zoning Ordinance
Fact: As proposed, the project will allow the property to meet setback, height and other site
design requirements. The use of the structure will be limited to uses permitted by the Zoning
Ordinance. The project, with Planning Commission approval of this minor conditional use
permit, satisfies all applicable provisions of the Zoning Ordinance related to residential accessory
structures.
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 hea lth, 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 use of the accessory structures will be for accessory storage, agricultural purposes, and
a residential workshop. This is a typical use in residential single-family neighborhoods. The
proposed structures will be constructed to meet the standards of the building code.
4. The proposed project or use will not be inconsistent with the character of the immediate
neighborhood or contrary to its orderly development
Fact: The proposed structures will be towards the middle of the property and behind the primary
residential structure. The structures are residential in character and fit into the neighborhood.
5. 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: Residential accessory structures do not contribute additional traffic above those for the
primary residential use. The use of the structure will be similar to uses currently onsite and no
additional residential units will be added.
SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a regular
session assembled on May 18, 2021, resolved to approve Conditional Use Permit USE21-0035, subject to
the following:
EXHIBIT A: Conditions of Approval
EXHIBIT B: Site Plan
EXHIBIT C: Elevations
30
ITEM 3 | 5/18/21
Conditional Use Permit
USE21-0035/Wetzel
Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
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: ( )
ABSENT: ( )
ABSTAINED: ( )
ADOPTED:
CITY OF ATASCADERO, CA
_________________________________________
Jeff van den Eikhof
Planning Commission Chairperson
ATTEST:
_______________________________
Phil Dunsmore
Planning Commission Secretary
31
ITEM 3 | 5/18/21
Conditional Use Permit
USE21-0035/Wetzel
ADDITIONAL INFORMATION MAY BE OBTAINED BY CONTACTING THE ATASCADERO
COMMUNITY DEVELOPMENT DEPARTMENT AT
http://www.atascadero.org
6500 PALMA AVENUE | ATASCADERO, CA 93422 | (805) 461-5000
EXHIBIT A: Conditions of Approval
USE21-0035
Conditions of Approval
USE21-0035
5075 Cascabel Road.
Timing
BL: Business License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary Occupancy
FO: Final Occupancy
Planning Services Conditions
1. This Conditional Use Permit shall allow the accessory structures described in the
attached exhibits and located on APN 054-091-019
Ongoing
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 to the decision is filed as set forth in Section 9 -1.111(b) of
the Zoning Ordinance.
Ongoing
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 and any associated Tentative Maps unless
appealed to the City Council.
BP
4. Approval of this Conditional Use Permit shall be valid for twenty-four (24) months
after its effective date. Building permits must be sought for Phase I and Phase II
within 24 months. Permits for Phase III must be applied for within 60 months of the
date of approval. The project is approved with the following phases:
Phase 1 - Convert an existing 576 animal shelter into a storage structure
(immediate)
Phase 2 - Construct a new 576 square foot animal shelter in compliance with AG
building setbacks. (within 24 months)
Phase 3 - Construct a new detached workshop. (within 5 years)
At the end of the periods listed above, the approval shall expire and become null and
void unless the phases have applied for a building permit within the designated
timeframes.
BP
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 construction or use of the
detached accessory structure.
Ongoing
6. Architectural elevations shall be consistent with the Exhibit B and C. Exterior building
and roof colors and materials shall be consistent with existing structures on site as
approved by the Planning Commission.
BP
7. All utilities servicing the accessory structure, if any, shall be installed underground. BP
8. Building Height shall comply with the standards of the Zoning Ordinance. BP
9. The workshop shall comply with size and code standards in affect at the time of
permit submittal.
BP
10. All site access and driveways shall meet Fire Department and City zoning code
standards.
BP
32
ITEM 3 | 5/18/21
Conditional Use Permit
USE21-0035/Wetzel
ADDITIONAL INFORMATION MAY BE OBTAINED BY CONTACTING THE ATASCADERO COMMUNITY DEVELOPMENT DEPARTMENT AT
http://www.atascadero.org
6500 PALMA AVENUE | ATASCADERO, CA 93422 | (805) 461-5000
EXHIBIT B: Site Plan
USE21-0035
33
ITEM 3 | 5/18/21
Conditional Use Permit
USE21-0035/Wetzel
Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
EXHIBIT C: Elevations
USE21-0035
34
ITEM 3 | 5/18/21
Conditional Use Permit
USE21-0035/Wetzel
ADDITIONAL INFORMATION MAY BE OBTAINED BY CONTACTING THE ATASCADERO COMMUNITY DEVELOPMENT DEPARTMENT AT
http://www.atascadero.org
6500 PALMA AVENUE | ATASCADERO, CA 93422 | (805) 461-5000
35
ITEM 3 | 5/18/21
Conditional Use Permit
USE21-0035/Wetzel
ADDITIONAL INFORMATION MAY BE OBTAINED BY CONTACTING THE ATASCADERO COMMUNITY DEVELOPMENT DEPARTMENT AT
http://www.atascadero.org
6500 PALMA AVENUE | ATASCADERO, CA 93422 | (805) 461-5000
36