The URL can be used to link to this page

Home My WebLink AboutPC Resolution 21-0008�2 MAY 13 2011 PC RESOLUTION 2021-0008 CITY OF ATASCADERO PLANNING 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: 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. The establishment and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use Fact: The 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. 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 On motion by Commissioner Hughes, and seconded by Vice Chairperson Keen, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: Anderson, Carranza, Hughes, Schmidt, Keen, van den Eikhof (6) NOES: None ABSENT: Commissioner McIntyre ABSTAINED: None ADOPTED: May 18, 2021 CITY OF ATASCADERO, CA Jef " a ik iof Planning Commission Chairperso ;r'-::�:� ATTEST: D Phil Dunsmore Planning Commission Secretary (0) (1) (0) EXHIBIT A: Conditions of Approval USE21-0035 Conditions of Approval Timing USE21-0035 5075 Cascabel Road. 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 Ongoing attached exhibits and located on APN 054-091-019 2. The approval of this use permit shall become final and effective for the purposes of Ongoing 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. 3. The Community Development Department shall have the authority to approve the BP 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. 4. Approval of this Conditional Use Permit shall be valid for twenty-four (24) months BP after its effective date. Building permits must be sought for Phase I, Phase II, and Phase III within 24 months from 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 24 months) 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. 5. The applicant shall defend, indemnify, and hold harmless the City of Atascadero or its Ongoing 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. 6. Architectural elevations shall be consistent with the Exhibit B and C. Exterior building BP and roof colors and materials shall be consistent with existing structures on site as approved by the Planning Commission. 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 BP permit submittal. 10. All site access and driveways shall meet Fire Department and City zoning code BP standards. «$� 2.2 atk fZ3 ] &; =eca E cm /)k 9-V2 )�9 LL \k§ =a