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HomeMy WebLinkAboutPC Resolution 2022-0004PC RESOLUTION 2022-0004 MAR 1 5 2022 CITY OF ATASCADERO A RESOLUTION OF THE PLANNING COMMISSION OIC CITY OF ATASCADERO, CALIFORNIA, APPROVING AMND22-0023, TO AMEND THE MASTER PLAN OF DEVELOPMENT (ZCH 97005) TO ALLOW A DETACHED STUDIO AT 8575 EL CENTRO RD. AND REDUCE THE REAR SETBACK APN 030-522-045 (HUSHING-KLINE) WHEREAS, an application was received from Brighton Hushing -Kline, 8575 El Centro Rd., Atascadero, CA 93422, (owner) for an amendment to the Master Plan of Development (Resolution PC 1999-044) to add an additional detached structure and to reduce the setback to five feet; and WHEREAS, the site has a General Plan Designation of High Density Residential (HDR); and WHEREAS, the property is zoned Residential Multi -Family with a PD7 overlay district (RMF24/PD7); and WHEREAS, detached accessory structures added to the Master Plan of Development (Resolution PC 1999-044) are subject to the approval of a minor conditional use permit amendment; 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 amendment 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 NOW THEREFORE, the Planning Commission of the City of Atascadero, California, takes the following actions: SECTION 1. Recitals: The above recitals are true and correct. SECTION 2. Public Hearings. 1. The Planning Commission held a duly noticed public hearing to consider the project on March 15, 2022 and considered testimony and reports from staff, the applicants, and the public. SECTION 3. Findings for approval. The Planning Commission finds as follows: Conditional Use Permit 1. The proposed project or use is consistent with the General Plan; and Fact: Zoning standards in the multi -family zoning district require adequate landscaping and building setbacks. The proposed project maintains adequate landscaping and does not exceed an unreasonable amount of building coverage. Typical RMF -24 development standards require a maximum lot coverage of 50%. The proposal includes a maximum lot coverage of 33%. 2. The proposed project or use satisfies all applicable provisions of the Zoning Ordinance; and Fact: The proposed project is consistent with applicable Zoning Code provisions. The Planned Development No. 7 Overlay allows for exceptions to setback standards if the project meets required findings. The new studio meets these findings as described below. 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 proposed project will not be detrimental in any way to the neighborhood or surrounding area. The building will hardly be visible, if at all, from surrounding properties. Therefore, it will not have a negative impact. 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 proposed building is residential in character and matches the existing residence. The studio is consistent with the character of the immediate 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; and Fact: The proposed building will only be used by the adjacent residence and will not generate any additional traffic. PD7 Setback Exception 6. Flexibility from setback standards (AMC 9-3.651) is necessary to enable the environmentally superior design alternative; Fact: Additional grading would be required if the applicant were to relocate the building to meet required setbacks. This would also require a 30" to 36" stem wall and potentially a costly retaining wall. The reduction would also allow for a more functional yard for the owner as well as preserve an existing garden area. 7. At least fifty percent (50%) of each individual lot will be landscaped; and Fact: The total lot coverage, including the proposed studio, is 33%. This leaves over 50% of the site to be landscaped. The front yard is currently landscaped and the applicant is planning to landscape the backyard after the studio is built. 8. At least sixty percent (60%) of the net area of the overall site will be landscaped. Fact: The proposed building does not change the net area of the overall development's landscaped area. SECTION 4. CEQA. The Planning Commission finds as follows: 1. The proposed project is consistent with the previously adopted Certified Mitigated Negative Declaration approved October 12, 1999. SECTION 5. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on March 15, 2022, resolved to approve conditional use permit amendment AMND22-0023, subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Site Plan EXHIBIT C: Elevations On motion by Commissioner Schmidt, and seconded by Commissioner Anderson, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: Commissioners Anderson, Carranza, Heath, Schmidt, van den Eikhof (6 ) NOES: None (0 ) ABSENT: Commissioner Hughes ( 1 ) ABSTAINED: None (0 ) ADOPTED: March 15, 2022 CITY OF ATASCADERO, C Jeff' Eikhof Planning Commission Chairpeon AST: Phil Dunsmore Planning Commission Secretary EXHIBIT A- Conditions of Approval AM N D22-0023 Conditions of Approval Timing AMND22-0023 BL: Business License GP: Grading Permit 8575 EI Centro Road BP: Building Permit FI: Final Inspection Detached Accessory Structure TO: Temporary Occupancy Master Plan of Development Amendment FO: Final Occupancy Planning Services Conditions 1. This Conditional Use Permit Amendment shall allow the accessory structure Ongoing described in the attached exhibits and located on APN 030-522-045. 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. BP 4. Approval of this Conditional Use Permit Amendment 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. 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 Exhibit C. Exterior building and roof BP / FI colors and materials shall be neutral colors as approved by the Community Development Department. 7. The location of the building onsite shall be consistent with what is shown in Exhibit B. BP This includes a minimum rear setback of 5 feet. 8. Building Height shall be consistent with what is shown in Exhibit C. BP 9. Conditions from the previous Master Plan of Development remain valid (Resolution BP/FI PC 1999-044 10. A landscape and irrigation plan shall be included with the building permit submittal. BP EXHIBIT B: Site Plan AMND22-0023 EXHIBIT C: Elevations AMND22-0023 SOUTH ELEVATION , -c° WEST ELEVATION r•=r-o,