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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 them by clicking on the following link: https://us02web.zoom.us/j/83250238111?pwd=SG9OdGxyNHNTNmxRWEpHTzRQK0VnQT09 Webinar ID: 832 5023 8111 AMERICAN DISABILITY ACT ACCOMMODATIONS: 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 with your smartphone to view the Planning 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 12 ITEM 2 | 5/18/2021 Conditional Use Permit USE21-0034/ Towers 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 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 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 USE21-0034/ Towers 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 15 ITEM 2 | 5/18/2021 Conditional Use Permit USE21-0034/ Towers 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 18 ITEM 2 | 5/18/2021 Conditional Use Permit USE21-0034/ Towers 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 22 ITEM 2 | 5/18/2021 Conditional Use Permit USE21-0034/ Towers 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 24 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) 25 ITEM 3 | 5/18/21 Conditional Use Permit USE21-0035/Wetzel 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. 26 ITEM 3 | 5/18/21 Conditional Use Permit USE21-0035/Wetzel 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