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Home My WebLink AboutPC Resolution 2022-0006APPROVED APR 1 9 2022 PC RESOLUTION 2022-0006 _CITY OF ATASCAL EEO PLANNING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING USE21-0113, TO ALLOW THE CONSTRUCTION OF A NEW OVERSIZED ACCESSORY STRUCTURE 7705-7707 SAN GABRIEL ROAD APN 054-142-015 (COLLINS) WHEREAS, an application was received from Christopher and Elizabeth Collins, 7705 San Gabriel Road, Atascadero, CA 93422, (applicant) for a Use Permit to allow for an oversized accessory structure at 7705 San Gabriel Road (APN 054-142-015); and WHEREAS, the site has a General Plan. Designation of Ru.. a.i Estate (RE); and WHEREAS, the property is in the Residential Suburbapl(RS), zoning district; and WHEREAS, detached accessory structures in excess of fifty percent (50%) of the primary residence are subject to the approval of a Use Permit if design criteria are not met; and WHEREAS, the proposed structure does not meet certain criteria listed in AMC 9- 6.106(3) 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 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 Use Permit; and NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of Atascadero: 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, because it is a new accessory structure and will not require any grading on slopes over 20%. SECTION 2. Findings for approval of Use Permit. The Planning Commission finds as follows: 1. The proposed project or use is consistent 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 rural area. While the proposed structure is over 100% of the size of the primary residence, it will serve a residential use, including a workshop for noncommercial use. 2. The proposed project or use satisfies all}applicable provisions of this title; Fact: As proposed, the project will meet the property's 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 Use Permit, satisfies all applicable provisions of the Zoning Ordinance related to residential accessory structures. 3. 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 structure on the property includes a workshop for noncommercial use. This is a typical use in residential single-family neighborhoods. The proposed structure will be constructed to meet the standards of the building code. 4. That the proposed projector use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development; Fact: The view of the proposed structure from San Gabriel Road and Carmelita Ave. will be filtered with vegetation including existing and proposed trees. The design will fit in with the character and architectural styles of the surrounding neighborhood. The project includes a condition that the color palette shall be dark red, green or brown, giving the structure a barn -like appearance to match the rural surroundings. 5. That 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 addition of a residential accessory structure will not contribute additional traffic in the neighborhood. The use of the structure will be similar to uses currently onsite. No additional residential units will be added. 6. The proposed project is 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. SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on April 19, 2022, resolved to approve Administrative Use Permit USE21-0113, subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Site Plan EXHIBIT C: Elevations EXHIBIT D: Floor Plan On motion by Commissioner Anderson, and seconded by Commissioner Hughes, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: Anderson, Carranza, Heath, Hughes, Schmidt, van den Eikhof (6 ) NOES: None ABSENT: Vice Chairperson Keen ABSTAINED: None ADOPTED: April 19, 2022 CITY OF ATASCADERO, CA Jeff v hof Planning Commission Chairperso c—) ATTEST: ?1, � C Phil Dunsmore Planning Commission Secretary (0) (1) (0) EXHIBIT A: Conditions of Approval USE 21-0113 c{` Conditions of Approval Timing USE21-0113 7705-7707 San Gabriel Road BL: Business License GP: Grading Permit Detached Accessory Structure BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Planning Services Conditions 1. This Administrative Use Permit shall allow the accessory structure described in the. Ongoing attached exhibits and located ori APN 054-142-015.' 2. The approval of this use permit shall become final and effective for the purposes of Ongoing issuingbuilding permits fourteen 14 days following -the the Plannin Commission 9 p O y g- g .. - approval unless an appeal to the decision is filed as set forth in Secfioh'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) goigressa 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 Administrative Use Permit shall be valid for twenty-four (24) months BP 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. BP 7. Colors shall be dark red, green or brown to give the structure a bam-like appearance, BP matching its rural surroundings to the satisfaction of the Community Development Department. 8. Structure may be constructed or used solely for noncommercial hobbies or Ongoing amusements; for maintenance of the principal structure or yards; for artistic endeavors such as painting, photography or sculpture; for maintenance or mechanical work on vehicles owned or operated by the occupants; for an approved home occupation; or for other similar purposes. BP 9. A deed restriction shall be recorded limiting the use of the structure to uses accessory to the existing rima or secondary residence. 10.A minimum of 5 smaller native trees, such as western redbuds, shall be planted along BP the San Gabriel frontage. All landscaping installed as required as part of this approval shall be irrigated until established and maintained in a matter that allows the tree to thrive and grow to its.natural form. Exceptions to height can be made for power line clearance if required by the utility company. Public Works Department Conditions 11. Utilities: BP a. Utility service provided to the structure shall be through sub -meters and shall connect through the existing residential structure on-site. An exception may be granted by the Community development Director should it be shown that no feasible alternative exists to separate meters. If separate meter is required, the deed restriction shall include language describing the exception. EXHIBIT B: Site Plan USE21-0113 �.tA-..'°w�'w':fiESL'OtE1'NCY''atr!rh`J4`sE:)� Primary Residence y, ♦,,• Jr;� ,� �' Proposed Workshop {'!tea►' Secondary Residence seer � / ♦ � ♦.. ', ". k i +v.eoc.e { +aces � /.., "' �• caie+s+ .+..cycws iii j tf� I � SB'46'0T � 1 � � 9 ♦♦ ., ti� 1 3.31'-CALC ♦ ".'y tl +weiN -'��'-�Ap-..��4' �- "may--.. - r • --- f i 23.31•4 --"_• '= 4 I I Y�-- 4 �r � -•alp.-.W� w� ... r.+T_. t 4 �.tA-..'°w�'w':fiESL'OtE1'NCY''atr!rh`J4`sE:)� Primary Residence y, ♦,,• Jr;� ,� �' Proposed Workshop {'!tea►' Secondary Residence seer � / ♦ � ♦.. ', ". k i +v.eoc.e { +aces � /.., "' �• caie+s+ .+..cycws iii j tf� I � SB'46'0T � 1 � � 9 ♦♦ ., ti� 1 3.31'-CALC ♦ ".'y tl +weiN -'��'-�Ap-..��4' �- "may--.. - r • --- f i 23.31•4 --"_• '= 4 I I EXHIBIT C: Proposed Elevation USE 21-0113 LEFT ME5T) ELEVATION I -- RIGHT (EAST) ELEVATION I W.- -,I - FRONT (SOUTH) ELEVATION j -•-< I REAR (NORTH) ELEVATION I --- EXHIBIT D: Floor Plan USE 21-0113