HomeMy WebLinkAboutAUP_2021-10-21_AgendaPacket ADMINISTRATIVE USE PERMIT HEARING
* COVID-19 NOTICE *
In accordance with City Council Resolution No. 2021-066 and the
requirements of AB 361, the Administrative Use Permit Meeting will not be
physically open to the public and Staff will be teleconferencing into the
meeting.
HOW TO OBSERVE THE MEETING:
To maximize public safety while still maintaining transparency and public access, you may join the
Zoom webinar from your computer, tablet, or smartphone by visiting:
To join the virtual hearing: (No passcode required)
https://us02web.zoom.us/j/88417152051?pwd=M2h5bWlDekZh UWRwNi9yUUxPcWVhZz09
Webinar ID: 884 1715 2051
The video recording of the meeting will be available through YouTube.
HOW TO SUBMIT PUBLIC COMMENT:
Members of the public are highly encouraged to participate in live public comment through the Zoom
platform using the link above or by calling the number below to listen and provide public comment
via phone.
US: +1 (669) 900-6833 (and use *9 to raise your hand to speak)
Webinar ID: 884 1715 2051 **no passcode required**
If you wish to provide written public comment, please email your comments to aup-
comments@atascadero.org by 5:00 pm the day before the meeting. Such email comments must
identify the Agenda Item Number in the subject line of the email. The comments will be forwarded
to the Zoning Administrator and made a part of the administrative record. If a comment is received
after the deadline for submission but before the close of the meeting, the comment will still be included
as a part of the administrative record of the meeting but will be forwarded to the Zoning Administrator
the next business day. Please note, email comments will not be read into the record.
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.
Administrative Use Permit agendas and staff reports may be viewed on the City's website:
www.atascadero.org. Final Action Reports will be available after the meeting, and upon request from
the Community Development Department.
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. All documents submitted by the public during AUP
meetings that are either read into the record or referred to in their statement will be noted in the audio
recording and available for review by contacting the Community Development Department. All
documents will be available for public inspection during City Hall business hours by appointment
request.
C ITY OF A T ASCADERO
COMMUNITY DEVELOPMENT DEPARTMENT
6500 PALMA AVE ▪ ATASCADERO, CA 93422 ▪ (805) 461 -5035 ▪ FAX 461-7612
Administrative Use Permit Hearing
A G E N D A
*MEETING WILL BE HELD VIRTUALLY*
The City of Atascadero’s Zoning Hearing Officer will hold a public hearing
at 10:00 a.m. on Thursday, October 21, 2021 at City Hall to consider the
following project:
1. 2300 FERROCARRIL RD, (USE21-0081) The application for the project is to
allow for an oversized accessory structure. Staff recommendation is to
approve the proposed structure with conditions. (Gregory Porte)
(Mariah Gasch, Associate Planner)
PLEASE NOTE: Any court challenge to the actions taken at the public
hearing may be limited to considering only those issues raised at the public
hearing described in this notice or in written correspondence to the City of
Atascadero at, or prior to, the public hearing.
Any decision of the Hearing Officer is final unless a ppealed to the Planning
Commission within 14 days of the action. Any person aggrieved by the
decision may file an appeal. Appeal forms are available in the Community
Development Department or on the City’s website (www.atascadero.org).
The fee for filing an appeal is $806 and must accompany the appeal
documentation.
C ITY OF A TASCADERO
COMMUNITY DEVELOPMENT
Administrative Hearing Agenda Report ITEM # 1
FROM: Mariah Gasch MEETING DATE: Oct. 21, 2021
FILE NUMBER: USE21-0081
PROJECT ADDRESS: 2300 Ferrocarril Road
SITUATION:
The applicant, Greg Porte, is proposing to construct an accessory structure that will serve
as a workshop and a storage space on the applicant’s property at 2300 Ferrocarril Road.
The proposed structure will be a two story, 3,560 square foot building that includes a
2,760 square foot shop/storage area and an 800 square second story loft . The design
proposes a white color for the building, dark gray roof, and dark bronze/black for door and
window trim. The structure will be 17 feet tall at the eaves, and 23 feet and 5 inches tall
at the peak. It will be located about 63 feet from the side property line and 40 feet from
the rear. The location of the structure is behind the existing residence near the back of
the property and will be accessed from Ferrocarril Road by a new driveway on the
northwest corner of the property, separate from the main residence. The structure will be
highly visible from Ferrocarril Road and slightly from Traffic Way, which runs parallel to
the railroad track adjacent to the rear property line. The property exists in a known
archaeologically sensitive area.
The proposed structure has three rollup doors and the exterior color will complement the
gray of the existing residence. Additionally, the design of the building will be compatible
with the existing rural, suburban character of the surrounding neighborhood. Construction
of the building will not require significant grading or tree removal as most of the space is
currently flat and not vegetated. Atascadero Municipal Code 9-6.106 limits gross floor
area of a detached accessory structure to one hundred percent (100%) of the gross floor
area of the principal structure, up to 2,000 square feet. The floo r area may be increased
by approval of an Administrative Use Permit (AUP) to allow additional floor area over the
specified limits, when consistent with the appearance and design criteria in Section 9-
6.106 (3) and when additional findings can be made to support an increased size. An
accessory structure that exceeds fifty percent (50%) of the gross floor area of the principle
structure is required to follow design criteria. If an accessory structure is over the 50%
threshold and does not meet the design criteria, it requires an AUP. Since the principal
structure is 1,883 square feet, the site would be limited to an accessory structure of
roughly 942 square feet or meet design criteria. Approval of this AUP is required as the
structure exceeds these thresholds.
EVALUATION:
According to Atascadero Zoning Ordinance, residential accessory structures are
permitted within the Residential Suburban zoning district. In accordance with the
Atascadero Municipal Code, all buildings within the RS zoning district must adhere to the
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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 proposed structure meets these setback standards. The closest property line is 40-
feet from the proposed structure.
The Atascadero Municipal Code allows for staff level approval of accessory structures
that are a maximum of 50% of the size of the primary residence, and can be increased
up to 100% if additional design criteria area included. In addition to the size criteria, the
structure also conflicts with two other design criteria.
• AMC 9-6.106 (3iv) The floor area of the accessory structure is equal or lesser than
the floor area of the primary structure
• AMC 9-6.106 (3v) The accessory structure is located on a non-conforming lot
• AMC 9-6.106 (3vii) The accessory structure does will substantially alter the visual
quality of the property.
The floor area of the accessory structure is proposed as 2,670 square feet, and the
primary structure has a floor area of 1883 square feet. Also, because minimum lot size
for the Residential Suburban zoning district is 2.5 acres and the subject property is about
1.9 acres, the lot is considered legal non-conforming. Finally, since it is such a large
structure, it will be visible from Ferrocarril Road and potentially visible from Traffic Way.
To mitigate these impacts staff has added conditions t hat the applicant provide a
landscape and irrigation plan to provide additional screening vegetation from Traffic Way.
Staff has also added that the applicant choose a neutral color scheme to match the
surrounding neighborhood, subject to approval by the Community Development
Department.
Atascadero General Plan program LOC 6.2.2 states, “For discretionary projects within the
generalized areas of archaeological resources, require Phase I surveys to determine the
extent and significance of archaeological sites prior to approval”. A qualified archaeologist
will need to complete a Phase I survey of the site to appraise its potential significance
and determine appropriate mitigation needs , if any are necessary. If any archaeological
resources are unearthed during construction, work must suspend until mitigation plans
are established. Staff has added a condition to include a Phase 1 archaeological survey
with submittal of building permits.
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Aerial Photo
RECOMMENDATION:
Staff recommends the Administrative Hearing Officer approve USE21-0081 to allow the
construction of the oversized accessory structure with conditions of approval.
ENVIRONMENTAL DETERMINATION
☒ Categorical Exemption CEQA – Guidelines Section 15303
☐ Statutory Exemption §§ 21000, et seq & ________________________
☐ No Project – Ministerial Project
Findings
Administrative Use Permit (AMC 9-6.106)
1. Modification of the applicable standard will not result in a project that is
inconsistent with the General Plan;
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
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is over 100% of the size of the primary residence, it will serve a residential use,
including a workshop and noncommercial storage.
2. Modification of the applicable standard will not result in a project that is
inconsistent with the character of the immediate neighborhood or cont rary to its
orderly development;
Fact: The proposed accessory structure is consistent with the surrounding rural
suburban character of the immediate neighborhood. Many of the properties
along Ferrocarril Road have similar structures. The design of the proposed
structure is not out of place in this environment. The view of the proposed
structure from Traffic Way will be filtered with vegetation.
3. Modification of the applicable standard will not result in a project that is not in
compliance with any pertinent City policy or criteria adopted by ordinance or
resolution of the City Council;
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.
4. Modification of the applicable standard will not result in the authorization of a
use not otherwise allowed; and
Fact: The proposed structure will serve a residential use, including a workshop
and noncommercial storage.
Oversized accessory structure exception (9-6.106)
5. Accessory structure shall not be located between the primary structure and the
public roadway.
Fact: The proposed structure is not located between the primary structure and
public right-of-way.
6. Accessory structure shall be compatible with the pattern of development in the
neighborhood (there are similar structures on adjacent properties, and
properties are of a size, nature and topography so as to not create a significant
aesthetic impact)
Fact: The proposed structure is consistent with the rural nature of the
neighborhood. Nearby properties have similar detached structures. A condition
has been added to ensure the color scheme matches its rural surroundings.
7. Accessory structure is compatible or complementary with the architectural style
of the primary structure.
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Fact: The architectural style of the proposed structure matches the existing
residence. The proposed structure will also have a stucco finish similar to the
existing residence.
8. The floor area of the accessory structure is equal or lesser than the floor area of
the primary structure
Fact: the accessory structure is larger than 100% of the primary residence.
However, conditions have been added to minimize negative neighborhood
impacts.
9. The accessory structure is located on a conforming lot.
Fact: The lot is smaller than required for lots in the Residential Suburban (RS)
zoning district. However, due to the structure’s location and design it will not
have a negative impact on its surroundings.
10. The accessory structure can be built to avoid substantial grading and the
removal of significant native trees
Fact: Minimal grading will be required along the rear portion of the site to
accommodate the building. The location of the structure on the rear portion of
the site limits its visibility from the road.
11. The accessory structure does not block sunlight for adjacent properties, alter
site distance for roads or driveways, nor substantially alter the visual quality of
the property.
Fact: The structure will not block sunlight, roads or views for adjacent
properties. It will be located up against the Union Pacific Railroad’s tracks.
12. The accessory structure shall be located no closer than ten (10) feet to the side
property line as measured from the nearest roof eave.
Fact: The building is more than 60-feet away from the nearest side property line.
13. The accessory structure shall be located no closer than forty (40) feet to the
nearest residential dwelling on an adjacent property.
Fact: The proposed structure will be approximately 150 feet away from the
nearest dwelling on an adjacent property.
Page 6
Conditions
1. This AUP shall allow the accessory structure described in the attached exhibits
and located on APN 049-291-015.
2. The approval of this use permit shall become final and effective for the purposes
of issuing building permits fourteen (14) days following the administrative use
permit 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
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 AUP hearing officer 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 administrative 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.
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.
6. The applicant shall submit a landscape and irrigation plan con currently with their
building permit submittal. Landscaping shall be focused along southeastern side
of the structure to screen from Traffic Way to the satisfaction of the Community
Development Department.
7. Architectural elevations shall be consistent with Attachment 2. Exterior building
and roof colors and materials shall be neutral to match the rural surroundings.
8. The applicant shall provide a Phase 1 archaeological study completed by a
licensed professional upon building permit submittal.
Code Requirements
1. AMC 9-6.106 (Residential accessory uses)
2. AMC 9-1.112 Administrative Use Permit
Attachments
Attachment 1 - Location Map and Zoning
Attachment 2 - Proposed Elevation
Attachment 3 – Site Plan
Attachment 4 – Floor Plan
Attachment 5- Site photos
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Action:
Approve
Approve as modified
Deny
Continue to: _______________ to allow _________________________________
____________________________________________________________________
Continue indefinitely to allow: __________________________________________
_____________________________________________________________________
_____________________________________________________________________
___________________________________
Phil Dunsmore, Hearing Officer
Attachment 1: Location Map and Zoning
USE 21-0081
Residential
Suburban
Public
Attachment 2: Proposed Elevation
USE 21-0081
Attachment 3: Site Plan
USE 21-0081
Attachment 4: Floor Plan
USE 21-0081
Front of Primary Residence
Proposed Entrance to Accessory Structure
Attachment 5: Site Photos
USE 21-0081
View of Residence from Traffic Way