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HomeMy WebLinkAboutNotice of ActionCITY OF ATA.SCADERO COMMUNITY DEVELOPMENT Notice of Action 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 Page 2 The proposed setbacks for the structure are as follows: a front setback of 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 IN 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: 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 Page 3 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) 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. Page 4 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 (90) 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. Page 5 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 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. 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 Ac ion: Approve ❑ Approve as modified ❑ Deny ❑ Continue to: to allow ❑ Continue indefinitely to allow: Phil Dunsmore, Hearing Officer s eb A 0 : .ae .�San,Vicente Dolores -- 1 -.. _ : San VicenteAVe -. olore'5 Attachment 2: Proposed Elevation USE22-0039 'c'—ER—CTAT —YI.F-UJ r. ------------- =A min 0 0 0 0 00 0 LEFT VIEW 4 ". MEN, PJGWT Y!gW Attachment 3: Site Plan USE22-0039 Attachment 4: Floor Plans USE22-0039 I1� :Mi■ R nJ ! t FLOOR FLAN EsASgnEt4T LE L