HomeMy WebLinkAboutAUP_2022-05-05_AgendaPacketADMINISTRATIVE USE PERMIT HEARING
Updated 3-16-2022
In accordance with City Council Resolution No. 2022-010 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/84567568854?pwd=UytsbTU1OVB3N2JYQVVJQmlMT1FaZz09
Webinar ID: 845 6756 8854
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)
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 TASCADERO
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 VIRTUAL
public hearing at 10:00 a.m. on Thursday, May 5, 2022 at City Hall to
consider the following project:
1. 4995 DOLORES AVE (USE22-0039)
The application is to allow for an oversized accessory structure
on APN 028-152-040. Staff recommendation is to approve the
project. (Bailey Sullivan, Assistant 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 appealed 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: Bailey Sullivan MEETING DATE: 5/5/2022
FILE NUMBER: USE22-0039
PROJECT ADDRESS: 4995 Dolores Avenue
SITUATION:
The applicant, Jeff Skinner, is proposing to construct an oversized accessory structure
that would be used as workshop and storage space at 4995 Dolores Ave. The shop is
proposed to be 1,183 square feet and will be located on the basement level of a new
accessory dwelling unit (ADU). The design proposes a smooth stucco finish in a neutral
shade of white for the exterior and basement level of the building. The upper level of the
design consists of contrasting 1x6 siding in Shou Sugi Ban (Fire-Charred black). The
windows and doors are proposed to be a color of anthracite gray with no trim. There will
be a natural wood element at the beams that will be visible from the front. The proposed
ADU residence itself will be 9 feet tall at the eaves and 14 feet tall at the peak, and will
be located 40 feet from the front property line. The workshop is proposed to be a height
of 10 feet and 6 inches. The location of the structure is between the existing residence
and San Jacinto Avenue. The front entrance of the ADU can be accessed off of Dolores
Avenue, but the shop is accessed via the rear of the structure through full-light swinging
doors.
This location was intentionally chosen for the proposed ADU and shop due to the low
slope percentage. The location avoids any obstruction of view or access to the existing
residence, and requires the removal of one 11” native oak tree. Nearby oaks will be
protected with fencing during construction. The shop will connect to existing utility lines
that are currently connected to the existing residence. Along with a workshop for painting
and general storage, this accessory structure will also contain an ADU on top.
EVALUATION:
According to the Atascadero Zoning Ordinance, residential accessory structures are
permitted within the Limited Single-Family zoning district. In accordance with the
Atascadero Municipal Code, all buildings within the LSF-X zoning district must be adhere
to the 30-foot building height maximum (AMC 9-4.113(a)). The property is designated as
a double-frontage lot, all development on these lot types must also adhere to the following
setback distances (AMC 9-4.106-108):
• Front Setback: Twenty-five (25) feet
• Side Setback: Ten (10) feet
• Rear Setback: Ten (10) feet
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The proposed setbacks for the structure are as follows: a front setback o f 40’, a side
setback of 58’, side setback of 115’, and a rear setback of 51’.
Atascadero Municipal Code 9-6.106 (2) also limits the gross floor area of a detached
accessory structure, which is not to exceed one hundred percent (100%) of the gross
floor area of the principle structure. Since the principal structure is 1,618 square feet, the
floor area of the detached accessory structure is limited to 1,618 square feet.
The proposed ADU, shop, and attached garage, at 1,675 square feet, exceeds the
maximum 100% of the principal structure square footage, and therefore is subject to an
Administrative Use Permit (9-1.112). The floor area may be increased by approval of an
AUP (AMC 9-6.106 (2)(i)), but must stay consistent with the appearance and design
criteria in AMC 9-6.106 (3).
The proposed location of the accessory structure is the most suitable because the natural
slope of the property lends itself to a lower level. Since the shop is mostly buried
underground, sound levels from any shop activity will be minimal, particularly on the San
Jacinto and Dolores side.
There are some nearby oaks that will be required to be protected during construction. The
arborist’s report highlighted 7 trees that will be impacted by construction as well as
mitigation measures to protect them. These measures include tree protection fencing,
wood chips, and proper root pruning. The arborist is also requiring monitoring for tree
numbers 1, 3, 5, and 8. One tree is planned to be removed, which is tree number 2.
RECOMMENDATION:
Staff recommends the Administrative Hearing Officer approve USE22-0039 to allow the
construction of the oversized accessory structure, subject to conditions of approval.
ENVIRONMENTAL DETERMINATION
☒ Categorical Exemption CEQA – Guidelines Section 15303
☐ Statutory Exemption §§ 21000, et seq & ________________________
☐ No Project – Ministerial Project
Findings
AMC 9-6.106 requires the Hearing Officer to make the following 5 findings:
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 a
clean and natural appearance in keeping with the area. While the proposed
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structure 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 contrary to its
orderly development;
Fact: The proposed accessory structure is consistent with the surrounding rural
character of the immediate neighborhood. Many of the properties along Dolores
Avenue have storage structures, and the design of the proposed structure is not
out of place in this environment. The view of the proposed structure from
Dolores Road and San Jacinto Ave would be screened by an existing fence.
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)
1. Accessory structure shall not be located between the primary structure and the
public roadway.
Fact: An existing fence located along Dolores and San Jacinto buffers the
viewshed of the accessory structure.
2. 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.
3. 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 is complementary to the
existing residence. The structure is approximately 44 feet away from the primary
residence but the color scheme and simplistic architecture will tie them together.
4. The floor area of the accessory structure is equal or lesser than the floor area of
the primary structure
Fact: The floor area of the workshop is less than the floor area of the primary
structure. However, when including the ADU and attached garage on top of the
workshop, the floor area is larger than the primary structure.
5. The accessory structure is located on a conforming lot.
Fact: Lot is conforming, as LSF-X has a minimum lot size of half an acre and the
property at hand conforms to that.
6. The accessory structure can be built to avoid substantial grading and the
removal of significant native trees
Fact: Minimal to moderate grading will be required to accommodate the ADU
and underground workshop. One native 11” oak tree will be removed.
7. 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.
8. 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 58-feet away from the nearest side property line.
9. 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 44 feet away from the
nearest dwelling on an adjacent property.
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Conditions
1. This AUP shall allow the accessory structure described in the attached exhibits
and located on APN 028-152-040.
2. The approval of this use permit shall become final and effective for the purpose s
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 auth ority 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 Pla n of
Development.
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. Architectural elevations shall be consistent with Attachment 2. Exterior building
and roof colors and materials shall match the surroundings.
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
Action:
Approve
Approve as modified
Deny
Continue to: _______________ to allow _________________________________
____________________________________________________________________
Continue indefinitely to allow: __________________________________________
_____________________________________________________________________
_____________________________________________________________________
Phil Dunsmore, Hearing Officer
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Attachment 1: Location Map and Zoning
USE22-0039
SFR-X
SFR-Y
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Attachment 2: Proposed Elevation
USE22-0039
7
Attachment 3: Site Plan
USE22-0039
8
Attachment 4: Floor Plans
USE22-0039
9