HomeMy WebLinkAboutPC_2022-09-20_AgendaPacket
CITY OF ATASCADERO PLANNING COMMISSION AGENDA
In accordance with City Council Resolution No. 2022-066 and the requirements of AB
361, the Planning Commission Meeting will not be physically open to the public and
Planning Commissioners will be teleconferencing into the meeting.
HOW TO OBSERVE THE MEETING:
To maximize public safety while still maintaining transparency and public access, the meeting
will be available by clicking on the following link:
Planning Commission - 832 5023 8111 (No Passcode Required)
https://us02web.zoom.us/j/83250238111?pwd=SG9OdGxyNHNTNmxRWEpHTzRQK0VnQT09
The video recording of the meeting will be available through the City’s website and on the
City’s YouTube channel.
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 669-900-6833 (Meeting ID 832 5023 8111)
to listen and provide public comment via phone.
If you wish to comment but not via a live platform, please email public comments to:
pc-comments@atascadero.org by 12:00 pm on the day of 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 Planning Commission 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 Planning Commission 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.
Planning Commission agendas and minutes may be viewed on the City's website:
www.atascadero.org.
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. Contracts, Resolutions and Ordinances will be
allocated a number once they are approved by the Planning Commission. The Minutes of this
meeting will reflect these numbers. All documents submitted by the public during Planning
Commission meetings that are either read into the record or referred to in their statement will be
noted in the Minutes and available for review by contacting the Community Development
Department. All documents are available for public inspection during City Hall business hours by
appointment.
WEBSITE: www.atascadero.org
http://www.facebook.com/planningatascadero
@atownplanning
Scan this QR Code
with your smartphone
to view the Planning
Commission Website.
CITY OF ATASCADERO
PLANNING COMMISSION AGENDA
REGULAR MEETING
Tuesday, September 20, 2022
6:00 P.M.
City Hall Council Chambers
6500 Palma Avenue, 4th Floor
Atascadero, California 93422
CALL TO ORDER
Pledge of Allegiance
Roll Call: Chairperson Jeff van den Eikhof
Vice Chairperson Tori Keen
Commissioner Jason Anderson
Commissioner Victoria Carranza
Commissioner Greg Heath
Commissioner Randy Hughes
Commissioner Dennis Schmidt
APPROVAL OF AGENDA
PUBLIC COMMENT (This portion of the meeting is reserved for persons wishing to
address the Commission on any matter not on this agenda and over which the
Commission has jurisdiction. Speakers are limited to three minutes. Please state your
name for the record before making your presentation. The Commission may take action
to direct the staff to place a matter of business on a future agenda.)
CONSENT CALENDAR (All items on the consent calendar are considered to be routine
and non-controversial by City staff and will be approved by one motion if no member of
the Commission or public wishes to comment or ask questions.)
1. APPROVE THE DRAFT MINUTES OF AUGUST 2, 2022
• Recommendation: Commission approve the August 2, 2022 Minutes.
City of Atascadero Planning Commission Agenda Regular Meeting, September 20, 2022
Page 2 of 3
WEBSITE: www.atascadero.org
http://www.facebook.com/planningatascadero
@atownplanning
Scan this QR Code
with your smartphone
to view the Planning
Commission Website.
PLANNING COMMISSION BUSINESS
COMMUNITY DEVELOPMENT STAFF REPORTS
None
PUBLIC HEARINGS
(For each of the following items, the public will be given an opportunity to speak. After a
staff report, the Chair will open the public hearing and invite the applicant or applicant’s
representative to make any comments. Members of the public will be invited to provide
testimony to the Commission following the applicant. Speakers should state their name
for the record and can address the Commission for three minutes. After all public
comments have been received, the pu blic hearing will be closed, and the Commission
will discuss the item and take appropriate action(s).
DISCLOSURE OF EX PARTE COMMUNICATIONS:
Prior to a project hearing, Planning Commission Members must disclose any communications they have had on any
quasi-judicial agenda items. This includes, but is not limited to, Tentative Subdivision Maps, Parcel Maps, Variances,
Conditional Use Permits and Planned Development Permits. This does not disqualify the Planning Commission
Member from participating and voting on the matter, but gives the public and applicant an opportunity to comment on
the ex parte communication.
2. CONDITIONAL USE PERMIT FOR 13505 SANTA LUCIA ROAD
The proposed project is for an oversized garage and covered patio on APN 050 -
324-014. The project qualifies for a Class 03 (CEQA Section §15303 New
Construction of Small Structures) exemption.
Recommendation: Staff’s recommendation is to approve the project with
conditions. (USE22-0073).
3. CONDITIONAL USE PERMIT FOR 10875 COLORADO ROAD
The proposed project is for a residential dog kennel on APN 045-441-029 to
establish a hobby dog breeding kennel. The project qualifies for a Class 1 (CEQA
Section §15301; Existing Facilities) exemption.
Recommendation: Staff’s recommendation is for the Planning Commission to
review the proposal and approve or deny the project. (USE22-0070).
COMMISSIONER COMMENTS AND REPORTS
DIRECTOR’S REPORT
ADJOURNMENT
The next regular meeting will be held on October 4, 2022, at 6:00 p.m.
Please note: Should anyone challenge in court any proposed development entitlement listed on this Agenda, that person
may be limited to raising those issues addressed at the public hearing described in this notice or in written
correspondence delivered to the Planning Commission at, or prior to, this public hearing.
City of Atascadero Planning Commission Agenda Regular Meeting, September 20, 2022
Page 3 of 3
WEBSITE: www.atascadero.org
http://www.facebook.com/planningatascadero
@atownplanning
Scan this QR Code
with your smartphone
to view the Planning
Commission Website.
City of Atascadero
WELCOME TO THE ATASCADERO PLANNING COMMISSION MEETING
The Planning Commission meets in regular session on the first and third Tuesday of each month at 6:00 p.m. at City
Hall, Council Chambers, 6500 Palma Avenue, Atascadero. Matters are considered by the Commission in the order of
the printed Agenda.
Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on
file in the office of the Community Development Department and are available for public inspection during City Hall
business hours at the Front Counter of City Hall, 6500 Palma Avenue, Atascadero, and on our website,
www.atascadero.org. All documents submitted by the public during Commission meetings that are either read into
the record or referred to in their statement will be noted in the minutes and available for review in the Community
Development Department. Commission meetings are audio r ecorded, and may be reviewed by the public. Copies of
meeting recordings are available for a fee. Contact the City Clerk for more information at (805) 470-3400.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City
meeting or other services offered by this City, please contact the City Manager’s Office or the City Clerk’s Office,
both at (805) 470-3400. Notification at least 48 hours prior to the meeting or time when services are needed will
assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or
service.
TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA
Under Agenda item, “PUBLIC COMMENT”, the Chairperson will call for anyone from the audience having business
with the Commission to approach the lectern and be recognized.
1. Give your name for the record (not required).
2. State the nature of your business.
3. All comments are limited to 3 minutes.
4. All comments should be made to the Chairperson and Commission.
5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any
other individual, absent or present.
This is when items not on the Agenda may be brought to the Commission’s attention. A maximum of 30 minutes will
be allowed for Public Comment Portion (unless changed by the Commission).
TO SPEAK ON AGENDA ITEMS (from Title 2, Chapter 1 of the Atascadero Municipal Code)
Members of the audience may speak on any item on the agenda. The Chairperson will identify the subject, staff will
give their report, and the Commission will ask questions of staff. The Chairperson will announce when the public
comment period is open and will request anyone interested to address the Co mmission regarding the matter being
considered to step up to the lectern. If you wish to speak for, against or comment in any way:
1. You must approach the lectern and be recognized by the Chairperson.
2. Give your name (not required).
3. Make your statement.
4. All comments should be made to the Chairperson and Commission.
5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any
other individual, absent or present.
6. All comments limited to 3 minutes.
If you wish to use a computer presentation to support your comments, you must notify the Community Development
Department at (805) 461-5035 at least 24 hours prior to the meeting. Digital presentations brought to the meeting
should be on a USB drive or CD. You are required to submit to the Recording Secretary a printed copy of your
presentation for the record. Please check in with the Recording Secretary before the meeting begins to announce
your presence and turn in the printed copy.
The Chairperson will announce when the public comment period is closed, and thereafter, no further public
comments will be heard by the Commission.
PC Draft Minutes of 8/2/2022
Page 1 of 4
ITEM NUMBER: 1
DATE: 9-20-22
CITY OF ATASCADERO
PLANNING COMMISSION
DRAFT MINUTES
Regular Meeting – Tuesday, August 2, 2022 – 6:00 P.M.
City Hall (Teleconference)
6500 Palma Avenue, Atascadero, California
CALL TO ORDER - 6:00 p.m.
Chairperson van den Eikhof called the meeting to order at 6:06 p.m. and Commissioner
Schmidt led the Pledge of Allegiance.
ROLL CALL
Present: By Teleconference – Commissioners Anderson, Carranza, Heath,
Hughes, Schmidt, and Vice Chairperson Keen
Absent: Chairperson van den Eikhof (excused absence)
Vacant: None
Others Present: None
Staff Present: By Teleconference –
Community Development Director, Phil Dunsmore
Senior Planner, Kelly Gleason
APPROVAL OF AGENDA
MOTION: By Commissioner Anderson and seconded by
Commissioner Hughes to approve the Agenda.
Motion passed 6:0 by a roll-call vote.
(van den Eikhof absent)
PUBLIC COMMENT
None.
Vice Chairperson Keen closed the Public Comment period.
1
PC Draft Minutes of 8/2/2022
Page 2 of 4
ITEM NUMBER: 1
DATE: 9-20-22
CONSENT CALENDAR
1. APPROVE THE DRAFT MINUTES OF JULY 5, 2022
• Recommendation: Commission approve the July 5, 2022 Minutes.
MOTION: By Commissioner Schmidt and seconded by
Commissioner Hughes to approve the
Consent Calendar.
Motion passed 6:0 by a roll-call vote.
(van den Eikhof absent)
PLANNING COMMISSION BUSINESS
None.
COMMUNITY DEVELOPMENT STAFF REPORTS
None.
PUBLIC HEARINGS
2. UPCOMING REVISIONS TO ADU’S, URBAN DWELLING UNITS, AND URBAN
LOT SPLITS
Community Development Director will give an overview of upcoming revisions to
the Municipal Code to implement Government Code changes related to Accessory
Dwelling Units (ADU’s), Urban Dwelling Units, and Urban Lot Splits.
Recommendation: Staff’s recommendation is to recommend the City Council
approve the updates to various sections of the Municipal Code to accommodate
both SB9 and ADU’s. (ZCH21-0006).
EX PARTE COMMUNICATIONS
Commissioner Schmidt stated that he has to recuse himself because he has business
within the City and clients that are dealing with the two subjects being discussed.
Planner Gleason moved Commissioner Schmidt to an attendee.
Planner Gleason presented the staff report, and she and Director Dunsmore answered
questions from the Commission.
PUBLIC COMMENT
The following member of the public spoke: Kevin Hokit and Greg Ravatt.
Vice Chairperson Keen closed the Public Comment period.
2
PC Draft Minutes of 8/2/2022
Page 3 of 4
ITEM NUMBER: 1
DATE: 9-20-22
Vice Chairperson Keen reopened the Public Comment period.
The following member of the public spoke: Devon Haggie .
Vice Chairperson Keen closed the Public Comment period.
MOTION: By Commissioner Carranza and seconded
by Commissioner Hughes to adopt PC
Resolution A recommending the City
Council introduce for first reading, by title
only, an ordinance to repeal and replace
Chapter 5 of Title 9 of the AMC (ADUs), with
a recommendation to amend proposed
section 9-5.402(b)(1) to change the minimum
parcel size from ¾ acre to ½ acre, if the
property can accommodate an onsite
wastewater system in accordance with the
LAMP standards.
Motion passed 5:0 by a roll-call vote.
(van den Eikhof absent, Schmidt abstained)
MOTION: By Commissioner Heath and seconded by
Commissioner Anderson to adopt PC
Resolution B recommending the City
Council introduce for first reading, by title
only, an ordinance that would amend Title 9
for consistency with updated Chapters 5 and
18 related to accessory dwelling units and
urban dwelling units.
Motion passed 5:0 by a roll-call vote.
(van den Eikhof absent, Schmidt abstained)
MOTION: By Commissioner Carranza and seconded
by Commissioner Hughes to adopt PC
Resolution A recommending the City
Council introduce an ordinance, for first
reading by title only, to establish Chapter 18
in Title 9 of the AMC establishing standards
for UDUs, adding in an exception to amend
the section for properties on septic to allow
smaller lot sizes to ½-acre, when surrounded
by larger lots consistent with ADU
exemption recommendations, given that the
property can accommodate an onsite
3
PC Draft Minutes of 8/2/2022
Page 4 of 4
ITEM NUMBER: 1
DATE: 9-20-22
wastewater system in accordance with the
LAMP standards.
Motion passed 5:0 by a roll-call vote.
(van den Eikhof absent, Schmidt abstained)
MOTION: By Commissioner Anderson and seconded
by Commissioner Hughes to adopt PC
Resolution B recommending the City
Council introduce an ordinance for first
reading, by title only, to amend Title 11 of the
AMC establishing standards for Urban Lot
Splits consistent with State law.
Motion passed 5:0 by a roll-call vote.
(van den Eikhof absent, Schmidt abstained)
COMMISSIONER COMMENTS AND REPORTS
Commissioner Carranza would like to see simple handouts regarding ADU’s, Lot Splits,
and UDU’s which will also support less phone calls. Planner Gleason and Director
Dunsmore stated that they will be updating these handouts after the project goes to
Council. The City will publish these on our website, and will have handouts at the front
counter.
DIRECTOR’S REPORT
Director Dunsmore shared the City’s new logo for the General Plan. Planner Gleason said
that questionnaires will be forthcoming. QR Codes will also be available. Director
Dunsmore stated that the Cielo Restaurant and rooftop bar is now open.
ADJOURNMENT – 7:44 p.m.
The next regular meeting scheduled for August 16, 2022 will be cancelled. The next
regular meeting after that will be September 6, 2022, at City Hall, 6500 Palma Avenue,
Atascadero.
MINUTES PREPARED BY:
____________________________
Annette Manier, Recording Secretary
Administrative Assistant
4
ITEM 2 9/20/2022
Santa Lucia Oversized Accessory Structure
USE22-0073/ Porowski
Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
Atascadero Planning Commission
Staff Report – Community Development Department
Oversized Accessory Structure
13505 Santa Lucia Road / USE22-0073
RECOMMENDATION(S):
Staff Recommends: The Planning Commission adopt Draft Resolution approving Use
Permit (CUP) USE22-0073, allowing the construction of an oversized accessory structure
at 13505 Santa Lucia Road as conditioned.
Project Info In-Brief:
PROJECT
ADDRESS: 13505 Santa Lucia Road Atascadero, CA APN 050-324-014
PROJECT
PLANNER
Mariah Gasch
Associate Planner 470-3436 mgasch@atascadero.org
PROPERTY
OWNER Kevin & Vicki Porowski
GENERAL PLAN
DESIGNATION:
ZONING
DISTRICT:
SITE
AREA EXISTING USE PROPOSED USE
Rural Estate
(RE)
Residential
Suburban
(RS)
1.77
acres
Single-Family
Residence
Oversized Accessory
Structure
ENVIRONMENTAL DETERMINATION
☐ Environmental Impact Report SCH: ___________________________
☐ Negative / Mitigated Negative Declaration No. ___________
☒ Categorical Exemption CEQA – Guidelines Section 15303
☐ Statutory Exemption §§ 21000, et seq & ________________________
☐ No Project – Ministerial Project
5
ITEM 2 9/20/2022
Santa Lucia Oversized Accessory Structure
USE22-0073/ Porowski
Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
DISCUSSION:
Existing Surrounding Uses / Parcel Configurations:
Existing Zoning Existing Aerial / Surrounding
North: South: East: West:
Residential
Suburban (RS)
Residential Suburban
(RS)
Residential Suburban
(RS)
Residential Suburban
(RS)
Summary:
The applicant proposes to construct a 1,286 square foot detached 2-car garage with a
workshop, a half bathroom, and a covered patio between the garage and the existing
residence. The plan shows the new building located 6 feet west of the existing residence,
between the residence and the rear property line, with a covered patio connecting the
new and existing buildings. The building is single-story with two interior walls that
separate the patio from the bathroom and first garage and then the first garage from the
second. The two garages have a pedestrian door between them for access. There is
another covered patio behind the garage. The applicant is proposing dark blue siding for
the building and white trim to match the existing residence. The residence’s existing water
heater will be relocated from outside to inside the garage. The existing propane tank will
also be moved to accommodate the new garage.
The zoning code limits accessory structures to half the size of the primary structure
without approval of a use permit. The existing primary residence is 1,606 square feet in
size, therefore this site would be limited to an accessory structure of approximately 800
square feet without use permit approval. The proposed structure is approximately 80% of
the floor area of the existing residence. Atascadero Municipal Code (AMC) 9-6.106 allows
Proposed
garage and
workshop
RS
Existing
Residence
6
ITEM 2 9/20/2022
Santa Lucia Oversized Accessory Structure
USE22-0073/ Porowski
Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
for oversized structures to go through an Administrative level use permit review if a certain
set of criteria are met. The proposed structure does not meet one of these criteria:
1. The accessory structure is located on a conforming lot.
Since the above listed criteria is not met, the project requires Conditional Use Permit
approval from the Planning Commission.
Analysis:
The minimum lot size in the Residential Suburban (RS) zoning district starts at 2.5 acres
and often increases based on a series of criteria in AMC 9-3.242. In accordance with the
Atascadero Municipal Code (AMC), all buildings within the RS zoning district must be
adhere to the 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 subject property is approximately 1.77 acres. This does not meet the 2.5-acre
minimum lot size required in the zoning code. The lot is considered “legal nonconforming”.
Therefore, the lot can be developed according to zoning code standards but may not be
split further or reduced in size (AMC 9-7.114).
The applicant is proposing to build the structure between the existing residence and the
northern property line. The structure itself would be set back approximately 100 feet from
the Santa Lucia right-of-way. The building would require the construction of one large
retaining wall behind the new building. The height of the retaining wall ranges in height
from one foot to eight feet tall. The retaining wall will be mostly hidden from Santa Lucia
Road by the new structure. Since the detached structure contains bathroom facilities, the
owner will be required to record a deed restriction prior to b uilding permit final, agreeing
that the space will not be used for overnight stays or be converted to habitable space
without the required permits.
Design and Scale
The proposed structure will be ten feet tall at the eaves and seventeen and a half feet tall
at the peak. The structure also includes horizontal siding to match the existing residence.
It is proposed to be painted a dark blue with white trim, matching the residence as well.
The covered patio will connect the two structures. From Santa Lucia Road, it will look like
a single structure. While the structure is connected to the residence by a covered patio,
the two buildings do not have shared walls. Therefore, the structure is still considered
detached.
7
ITEM 2 | 9/20/2022
Santa Lucia Oversized Accessory Structure
USE22-0073/ Porowski
ADDITIONAL INFORMATION MAY BE OBTAINED BY CONTACTING THE ATASCADERO
COMMUNITY DEVELOPMENT DEPARTMENT AT
http://www.atascadero.org
6500 PALMA AVENUE | ATASCADERO, CA 93422 | (805) 461-5000
Elevations
Right elevation
Left Elevation
Front elevation
8
ITEM 2 9/20/2022
Santa Lucia Oversized Accessory Structure
USE22-0073/ Porowski
Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
Rear Elevation
Proposed colors
Proposed building location
Siding Trim
9
ITEM 2 9/20/2022
Santa Lucia Oversized Accessory Structure
USE22-0073/ Porowski
Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
ENVIRONMENTAL DETERMINATION:
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 includes new
construction of a small accessory structure.
FINDINGS:
To approve the Conditional Use Permit, the Planning Commission must make the
following findings. These findings and the facts to support these findings are included in
the attached PC Resolution.
Conditional Use Permit (AMC Section 9-2.110(b).(3).(iv)
1. The proposed project or use is consistent with the General Plan:
2. The proposed project or use satisfies all applicable provisions of this title;
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;
4. That the proposed project or use will not be inconsistent with the character of the
immediate neighborhood or contrary to its orderly development;
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
ALTERNATIVES:
1. The Planning Commission may include modifications to the project and/or
Conditions of Approval for the project. Any proposed modifications including
Conditions of Approval, should be clearly re-stated in any vote on any of the
attached resolutions.
2. The Planning Commission may determine that more information is needed on
some aspect of the project and may refer the item back to the applicant and staff
to develop the additional information. The Commission should clearly state the
10
ITEM 2 9/20/2022
Santa Lucia Oversized Accessory Structure
USE22-0073/ Porowski
Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
type of information that is required. A motion, and approval of that motion, is
required to continue the item to a future date.
3. The Planning Commission may deny the project. The Commission must specify
what findings cannot be made, and provide a brief oral statement based on the
Staff Report, oral testimony, site visit, correspondence, or any other rationale
introduced and deliberated by the Planning Commission.
ATTACHMENTS:
1. Draft PC Resolution
2. Location and Zoning Map
3. Aerial View
4. Site Photos
5. Statement of Justification
11
ITEM 2 | 9/20/2022
Santa Lucia Oversized Accessory Structure
USE22-0073/ Porowski
ADDITIONAL INFORMATION MAY BE OBTAINED BY CONTACTING THE ATASCADERO
COMMUNITY DEVELOPMENT DEPARTMENT AT
http://www.atascadero.org
6500 PALMA AVENUE | ATASCADERO, CA 93422 | (805) 461-5000
ATTACHMENT 1: Draft Resolution
USE22-0073
DRAFT PC RESOLUTION
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ATASCADERO, CALIFORNIA,
APPROVING USE22-0073, TO ALLOW THE CONSTRUCTION OF AN
OVERSIZED ACCESSORY STRUCTURE ON APN 050-324-014
13505 SANTA LUCIA ROAD
POROWSKI
WHEREAS, an application was received from Kevin and Vicki Porowski, 13505 Santa Lucia
Road., Atascadero, CA 93422, (owner and applicant) for a Conditional Use Permit to construct an oversized
accessory structure; and
WHEREAS, the site has a General Plan Designation of Rural Estate (RE); and
WHEREAS, the property is in the Residential Suburban (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 minor Conditional Use Permit; 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 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
WHEREAS, the Planning Commission reviewed the proposed Conditional Use Permit application
on September 20, 2022, at 6:00 p.m. and considered testimony and reports from staff, the applicants, and
the public.
NOW THEREFORE, the Planning Commission of the City of Atascadero, California, takes the
following actions:
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, for new construction of small structures including accessory
structures.
12
ITEM 2 9/20/2022
Santa Lucia Oversized Accessory Structure
USE22-0073/ Porowski
Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
SECTION 2. Findings for approval of Conditional Use Permit. The Planning Commission
finds as follows:
1. The proposed project or use is consistent with the General Plan; and
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 is over 50% of the size of the
primary residence, it will serve a residential use, including a patio, noncommercial vehicle storage
and a woodworking shop.
2. The proposed project or use satisfies all applicable provisions of the Zoning Ordinance; and
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 Conditional 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; and
Fact: The use of the accessory structure on the property includes a covered patio, the storage of
vehicles for noncommercial use and a wood working shop. 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. 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 view of the proposed structure from Santa Lucia Road will be appear as one continuous
residence. 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 neutral and match
the existing residence.
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 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; and
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Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
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 September 20, 2022, resolved to approve Conditional Use Permit USE22-0073, subject to
the following:
EXHIBIT A: Conditions of Approval
EXHIBIT B: Site Plan
EXHIBIT C: Elevation Drawings
On motion by Commissioner ____________________, and seconded by Commissioner
_________________________, the foregoing resolution is hereby adopted in its entirety by the following
roll call vote:
AYES: ( )
NOES: ( )
ABSENT: ( )
ABSTAINED: ( )
ADOPTED:
CITY OF ATASCADERO, CA
_________________________________________
Jeff van den Eikof
Planning Commission Chairperson
ATTEST:
___________________________________
Phil Dunsmore
Planning Commission Secretary
14
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ADDITIONAL INFORMATION MAY BE OBTAINED BY CONTACTING THE ATASCADERO
COMMUNITY DEVELOPMENT DEPARTMENT AT
http://www.atascadero.org
6500 PALMA AVENUE | ATASCADERO, CA 93422 | (805) 461-5000
EXHIBIT A: Conditions of Approval
USE 22-0073
Conditions of Approval
USE22-0073
13505 Santa Lucia Road
Detached Accessory Structure
Timing
BL: Business License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary Occupancy
FO: Final Occupancy
Planning Services Conditions
1. This Conditional Use Permit shall allow the accessory structure described in the
attached exhibits and located on APN 050-324-014.
Ongoing
2. The approval of this use permit shall become final and effective for the purposes of
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.
Ongoing
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) addres s 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 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.
BP
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.
Ongoing
6. Architectural elevations shall be consistent with Exhibit C. Exterior building and roof
colors and materials shall be a dark neutral to match the existing residence. The
building shall include horizontal siding to match the existing residence.
BP / FI
7. Building Height shall be consistent with what is shown in Exhibit C. BP
8. The applicant shall record a deed restriction prior to building permit final stating that
the space will not be used for overnight stays or be converted into habitable space
without required permits.
FI
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ADDITIONAL INFORMATION MAY BE OBTAINED BY CONTACTING THE ATASCADERO COMMUNITY DEVELOPMENT DEPARTMENT AT
http://www.atascadero.org
6500 PALMA AVENUE | ATASCADERO, CA 93422 | (805) 461-5000
EXHIBIT B: Site Plan
USE22-0073
Existing
Residence
New Structure
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Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
EXHIBIT C: Elevations
USE22-0073
Right Elevation Front elevation
Left Elevation Rear Elevation
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ADDITIONAL INFORMATION MAY BE OBTAINED BY CONTACTING THE ATASCADERO
COMMUNITY DEVELOPMENT DEPARTMENT AT
http://www.atascadero.org
6500 PALMA AVENUE | ATASCADERO, CA 93422 | (805) 461-5000
ATTACHMENT 2: Location and Zoning
USE22-0073
Residential Suburban
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ADDITIONAL INFORMATION MAY BE OBTAINED BY CONTACTING THE ATASCADERO
COMMUNITY DEVELOPMENT DEPARTMENT AT
http://www.atascadero.org
6500 PALMA AVENUE | ATASCADERO, CA 93422 | (805) 461-5000
ATTACHMENT 3: Aerial View
USE22-0073
Existing
Residence
Proposed
Structure location
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ADDITIONAL INFORMATION MAY BE OBTAINED BY CONTACTING THE ATASCADERO
COMMUNITY DEVELOPMENT DEPARTMENT AT
http://www.atascadero.org
6500 PALMA AVENUE | ATASCADERO, CA 93422 | (805) 461-5000
ATTACHMENT 4: Site Photos
USE22-0073
Building Site
Existing Residence
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Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
ATTACHMENT 5: Statement of Justification
USE22-0073
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ITEM 3 | 9/20/2022
Colorado Dog Breeding/ Kennel
USE22-0070/ Lawrence
Atascadero Planning Commission
Staff Report - Community Development Department
Dog Breeding / Kennel
USE22-0070
(Lawrence)
RECOMMENDATION:
1. Adopt Draft Resolution A approving a Conditional Use Permit for a dog breeding /
kennel project, subject to findings and conditions of approval,
OR
2. Adopt Draft Resolution B denying a Conditional Use Permit for a dog breeding /
kennel project, based on finding(s).
Project Info In-Brief:
PROJECT
ADDRESS: 10875 Colorado Rd. Atascadero,
CA APN 045-441-029
PROJECT
PLANNER
Mariah Gasch
Associate Planner 470-3436 mgasch@atascadero.org
PROPERTY
OWNER Nick and Chelsey Lawrence
GENERAL PLAN
DESIGNATION:
ZONING
DISTRICT:
SITE
AREA EXISTING USE PROPOSED USE
Rural Estate
(RE)
Residential
Suburban
(RS)
1.06
acre
Single-Family
Residence Dog kennel/ breeding
ENVIRONMENTAL DETERMINATION
☐ Environmental Impact Report SCH: ___________________________
☐ Negative / Mitigated Negative Declaration No. ___________
☒ Categorical Exemption CEQA – Guidelines Section 15301
☐ Statutory Exemption §§ 21000, et seq & ________________________
☐ No Project – Ministerial Project
DISCUSSION:
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USE22-0070/ Lawrence
Existing Surrounding Uses / Parcel Configurations:
Existing Zoning Existing Aerial / Surrounding
North: South: East: West:
Residential
Suburban (RS)
Residential
Suburban (RS)
Residential
Suburban (RS)
Residential
Suburban (RS)
Background:
The applicants purchased the subject residential property in 2021 with an intent to breed
their dogs onsite. After contacting SLO County Animal Services, they were issued a
Hobby Breeder permit. The applicants were not aware that they needed approval of a
Conditional Use Permit (CUP) from the City of Atascadero in conjunction with the County
permit. City staff was made aware of the intent to operate a dog breeding business
following a complaint from a neighbor. After being notified of the use permit requirement,
the applicants applied for the CUP.
Project description:
The applicants are proposing a 396 square foot outdoor dog kennel facility for a maximum
of four litters per year with a maximum of ten dogs onsite (over four months of age) at
one time (see discussion below). The dogs being kept and bred are Decker Rat Terriers
and Old Dominion Terriers. This is not a commercial kennel where outside dogs are being
boarded or trained, and the use permit would only allow for the private breeding business.
Proposed Kennels
Existing
Residence
RS
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Analysis
The Atascadero Municipal Code includes specific requirements related to how many
domestic animals may be kept on a residential property. Section 4 -1.119 (Limitation on
keeping animals) limits the number of dogs at any single-family dwelling to no more than
three (3) dogs, four (4) months of age or older. The Atascadero Municipal Code allows
for dog kennels, including those used for dog breeding, in the Residential Suburban Zone
with the approval of a Conditional Use Permit. The Municipal Code defines a Kennel as:
“A lot, building, structure, enclosure or premises where four (4) or more dogs or cats (four (4)
months of age or older) are kept or maintained, including the keeping of such animals for sale, for
commercial breeding or for lodging and care for which a fee is charged.”
9-6.111 Kennels.
Kennels providing overnight or longer-term boarding for dogs, cats and similar household
pets are subject to the following standards:
(a) Minimum Site Area.
(1) A, RS, and RSF Zones. One acre.
(2) CS Zone. None.
(b) Building Setbacks.
(1) A, RS and RSF Zones. As provided by Section 9-6.109.
(2) CS Zone. None.
(c) Outside Animal Enclosures. Outside animal enclosures shall not be used for overnight
boarding. All animals shall be contained in pens or runs and not be allowed to run free on
a site. Any outside enclosures shall be located a minimum of twenty-five (25) feet from all
adjacent property lines and shall be designed to comply with subsection (d) of this section.
(d) Noise Control. As provided by Section 9.4.163.
(e) Operation. The premises shall be continuously maintained in a clean and sanitary
condition by daily removal of waste and by the use of spray and disinfectants to prevent
the accumulation of flies or offensive odors. (Ord. 68 § 9-6.111, 1983)
The applicants require a CUP for keeping over three dogs and for a commercial dog
breeding business in which they are making money on the dogs. The applicants are
proposing the kennel for breeding purposes only an d do not intend to use the kennel for
overnight lodging or care of other dogs. The applicants currently have 5 dogs on site.
They plan to keep the number of adult dogs at the current number of five (5) but would
like to request that up to ten (10) adult dogs be allowed on the property at one time. This
number considers future dogs that will likely be raised from puppies and overlap with
existing females when they become too old to breed and are rehomed. For example, the
applicant may bring one more male onsite, increasing the number to 6 total. In a few years
the applicant plans to keep some of the female puppies and raise them as the older
females age out of breeding. At no time would more than ten adult dogs live onsite. A
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Colorado Dog Breeding/ Kennel
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condition has been included in attached Resolution A to limit the number of adult dogs
kept on the subject site. No more than 10 adult dogs (over the age of four months) shall
be kept on site at any one time (Condition 6). Staff has also added a condition that there
shall only be one litter of puppies (dogs under 4 months) onsite at one time.
Staff has also added conditions to draft resolution A requiring that the house remain the
applicants’ primary place of residence, that the facility not be used for public boarding,
breeding or training, and that the applicants continuously operate in compliance with the
San Luis Obispo County Animal Services laws.
Proposed Facilities and code requirements
Required setbacks for kennel facilities are subject to standards of Atascadero Municipal
Code (AMC) 9-6.109 for agricultural accessory buildings. The kennel facilities have
already been constructed and are 33 feet long and 12 feet wide. They are approximately
5 feet tall. The kennels are wrapped in corten steel with the transparent gate openings
facing the rear property line. From the street, only the corten steel walls will be visible.
The applicants recently constructed a 6-foot-tall solid wood fence to block views of the
dogs when they’re in their kennels from the adjacent property. In addition to the new
kennel, the applicants have an existing small chain link fence kennel between the new
kennel and the garage. This is required by Animal Services to obtain a commercial
breeding license. Conditions relating to the Municipal Code Special Use Requirements
for kennels have been included in attached Resolution A. The following code
requirements apply to the kennels:
• A minimum lot size of one (1) acre is required for kennels. Parcel Map CO76-522
indicates that the subject lot size is 1.06 acres.
• Required setbacks are 50 feet in the front and 25 feet in the side and rear. The
facilities are 50 feet from the front property line, 39 feet from the adjacent
accessway for the property behind and 55 feet from the rear property line , the
structures are also 33 feet away from the applicant’s garage, therefore the
structures meet required setbacks.
Proposed Kennel Management and Phasing
Animal Waste will be picked up and the kennels will be sanitized daily to eliminate odor.
The applicants are proposing three phases for improvements around their site.
• Phase one includes a new five-foot fence around the front of the property to create
a dog run area.
• Phase 2 include the addition of a six-foot solid fence along the northern and
eastern property lines, along the top of the slope. This will block the view of the
entire kennel area and rear yard from the residence on the adjacent flag lot. Phase
2 also includes a five-foot fence extending along the eastern property line and
down the southern line.
• Finally, phase 3 includes building a new five -foot fence around the remainder of
the front lot.
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Staff has added a condition that the fencing around the side and rear property lines be
six feet tall solid fencing as shown on the site plan. (Condition #16) This will block the
view from adjacent properties.
Staff has also added conditions regarding the timelines of proposed phases. Phase 1
shall be complete prior to issuing a business license for the breeding operation. The solid
fence in Phase 2 shall be complete within 6 months of obtaining their business license.
The remaining fence in Phase 2 and Phase 3 has a much lower impact on the proposed
project than the first two phases. It is not essential to maintain the health and welfare of
the surrounding neighborhood. Therefore, staff has not added a time constraint for the
remainder of the fence in Phase 2 or for Phase 3.
Once the fence is built they will have a large fenced in backyard and plan to build a new
puppy pen. The puppies will be kept in the pen during the day once they are five weeks
old. They will not be visible from the street or the adjacent properties. Puppies will be kept
in the garage at night.
Adult dogs will be kept in their kennels during the day and will be turned out to run in the
large fenced front area of the property. At night, one dog sleeps in the house while the
other four sleep in crates in the garage. The current facilities meet the Hobby Breeder
permit issued by Animal Services.
Staff has added a condition to Resolution A that the outside animal enclosure not be used
for overnight boarding and that dogs shall only be allowed outside between the hours of
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7am and 9pm daily. In addition, animals shall be contained in pens or runs and shall not
be allowed to run free on site outside fenced area.
Noise
The applicants provided responses to several common concerns that may arise from a
new kennel in a residential neighborhood. The applicants identified the dogs as a special
line of rat terrier that that has the Basenji breed bred into it. This type of dog is typically
known as a “barkless dog”. While the dogs do bark, it is typically a softer bark at wildlife
or visitors coming up the drivewa y. The applicants also use bark collars to train the dogs
not to bark and have cameras in all areas where the dogs are being kept so they know
when a dog is barking.
AMC9-14.05 limits exterior noises to an average of 50 decibels (Leq dB) between the
hours of 7am and 9pm and 45 Leq dB from 9pm to 7am. The maximum noise level from
7am to 9pm is 70 dB and 65dB between the hours of 9pm and 7am. Examples of noise
sources in decibels can be seen in the following figure.
Common noise sources and their dBA levels
Source: Minnesota Pollution Control Agency (https://www.pca.state.mn.us/sites/default/files/p-gen6-01.pdf
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Staff has added a condition that dogs are limited to the two breeds proposed, Decker Rat
Terriers and Old Dominion Terriers, 50 pounds and below to ensure that only smaller
dogs are bred on-site, especially as it relates to the request for up to 10 adult dogs on -
site at a time. If the applicants or future owners want to continue the business with other
breeds, they will need to amend their Conditional Use Permit.
Neighborhood character
In approving a CUP, findings must be made that the use is consistent with the General
Plan and Zoning Ordinance, and that it will not be inconsistent with the character of the
immediate neighborhood. The character of the neighborhood is dominated by single-
family residences. The introduction of a kennel for commercial breeding (breeding in
which dogs are sold for monetary gain) will introduce a new commercial use into the
neighborhood. Businesses operating from their homes require Home Occupation
business licenses. Home Occupation requirements include not creating excessive noise,
smells, traffic, etc. and require that the Home Occupation not change the character of the
neighborhood.
The overall site plan does not change the residential character of the property. The
primary question for the Planning Commission is if the proposed use meets required
Finding #4 for neighborhood compatibility. If the Planning Commission determines that
they cannot make the findings for the proposed use and chooses to deny the permit, the
owners will be required to rehome two of their existing dogs and will not be allowed to
breed the remaining three. Conditions have been added to Draft resolution A to help attain
compatibility. The Planning Commission may identify and add other conditions should
they be necessary to support the findings for approval.
ALTERNATIVES
1. The Planning Commission may adopt Draft Resolution A to approve the
Conditional Use Permit. Findings must be made to support the use permit and
conditions may be added to enhance the project’s compatibility with the General
Plan and with the compatibility with the neighborhood.
2. The Planning Commission may adopt Draft Resolution B and deny the requested
Conditional Use Permit. The Commission should clearly state which finding cannot
me made for the record and evidence to support the finding.
3. The Planning Commission may continue the project to a later hearing and request
that staff and the applicant provide additional information. The Commission should
clearly state what information is needed.
ATTACHMENTS:
Attachment 1: Draft Resolution A
Attachment 2: Draft Resolution B
Attachment 3: Site Photos
Attachment 4: Letter of justification
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USE22-0070/ Lawrence
DRAFT RESOLUTION A
RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ATASCADERO APPROVING A CONDITIONAL USE PERMIT
TO ESTABLISH A DOG BREEDING & KENNEL FACILITY LOCATED
AT 10875 COLORADO ROAD
DOG BREEDING/ KENNEL
LAWRENCE
(USE22-0070)
WHEREAS, an application has been received from Nick & Chelsey Lawrence (10875
Colorado Road, Atascadero, CA 93422), Owner and Applicant, to consider Planning Application
USE22-0070, for a Conditional Use Permit for a dog breeding and kennel facility on a 1-acre site
located at 10875 Colorado Road, Atascadero, CA 93422 (APNs 045-441-029); and
WHEREAS, the site’s current General Plan Land Use Designation is Rural Estate (RE);
and
WHEREAS, the site’s current Zoning District is Residential Suburban (RS); and
WHEREAS, a kennel is a conditionally allowed use in the Residential Suburban (RS)
zoning district; 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 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 BE IT RESOLVED by the Planning Commission of the City of
Atascadero:
SECTION 1. Recitals: The above recitals are true and correct.
SECTION 2. Public Hearing. The Planning Commission held a duly noticed public
hearing to consider the project on September 20, 2022 and considered testimony and reports from
staff, the applicants, and the public.
SECTION 3. Findings. The Planning Commission makes the following findings,
determinations and approvals
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1. Findings for Approval of a Conditional Use Permit
FINDING: The proposed project or use is consistent with the General Plan
FACT: The use is consistent with the General Plan. Specifically, it relates to agricultural
practices and keeping of domestic animals on rural and agricultural lands. General Plan
Policy 9.2 aims adequately regulate the keeping of domestic animals on rural lands as
consistent with the City Zoning Ordinance. The municipal code allows dog kennels and
breeding operations with a conditional use permit.
FINDING: The proposed project or use satisfies all applicable provisions of the Zoning
Ordinance
FACT: The proposed kennel facility can be permitted though the Conditional Use Permit
process as identified in the Municipal Code. The proposed structure and site plan are
consistent with the applicable provisions of the Atascadero Municipal Code as conditioned.
FINDING: 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 proposed kennel will not be detrimental to the general public or working
person’s health, safety, or welfare.
FINDING: The proposed project or use will not be inconsistent with the character of the
immediate neighborhood or contrary to its orderly development
FACT: The proposed project is on a property with an existing single-family residence. The
use will be accessory the residence. As conditioned, the kennels will be screened from the
neighboring properties and will not be visible from Colorado Road. Allowing the use will
be consistent with the rural character of the surrounding neighborhood.
FINDING: 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
FACT: The proposed project and use is consistent with the traffic projections and road
improvements anticipated within the General Plan. The project site is an existing site on
Colorado Road.
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FINDING: The proposed project is in compliance with any pertinent City policy or criteria
adopted by ordinance or resolution of the City Council.
FACT: The project is consistent with the General Plan and municipal code, as conditioned.
SECTION 4. CEQA. The project is exempt from the California Environmental Quality
Act (CEQA), under Categorical Exemption § 15301, Class 1: Existing Facilities.
SECTION 5. Approval. The Planning Commission of the City of Atascadero, in a regular
session assembled on September 20, 2022, resolved to approve a Conditional Use Permit to allow
for a dog breeding / kennel facility (USE22-0070) subject to the following:
1. EXHIBIT A: Conditions of Approval
2. EXHIBIT B: Site Pan
On motion by Commissioner _____________ and seconded by Commissioner ___________, the
foregoing resolution is hereby adopted in its entirety by the following roll call vote:
AYES: ( )
NOES: ( )
ABSTAIN: ( )
ABSENT: ( )
ADOPTED:
CITY OF ATASCADERO, CA
______________________________
Jeff Van den Eikhof
Planning Commission Chairperson
Attest:
______________________________
Phil Dunsmore
Planning Commission Secretary
31
ITEM 3 | 9/20/2022
Colorado Dog Breeding/ Kennel
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DRAFT RESOLUTION B
RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ATASCADERO DENYING A CONDITIONAL USE PERMIT TO
ESTABLISH A DOG BREEDING & KENNEL FACILITY LOCATED AT
10875 COLORADO ROAD
DOG BREEDING/ KENNEL
LAWRENCE
(USE22-0070)
WHEREAS, an application has been received from Nick & Chelsey Lawrence (10875
Colorado Road, Atascadero, CA 93422), Owner and Applicant, to consider Planning Application
DEV22-0070, for a Conditional Use Permit for a dog breeding and kennel facility on a 1-acre
site located at 10875 Colorado Road, Atascadero, CA 93422 (APNs 045-441-029); and
WHEREAS, the site’s current General Plan Land Use Designation is Rural Estate (RE);
and
WHEREAS, the site’s current Zoning District is Residential Suburban (RS); and
WHEREAS, a kennel is a conditionally allowed use in the Residential Suburban (RS)
zoning district; 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 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 BE IT RESOLVED by the Planning Commission of the City of
Atascadero:
SECTION 1. Recitals: The above recitals are true and correct.
SECTION 2. Public Hearing. The Planning Commission held a duly noticed public
hearing to consider the project on September 20, 2022 and considered testimony and reports from
staff, the applicants, and the public.
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SECTION 3. Findings. The Planning Commission makes the following findings and
determinations with respect to the Conditional Use Permit:
1. Findings for Denial of a Conditional Use Permit
A. FINDING: The proposed project or use is inconsistent with the General Plan.
FACT: The project is inconsistent with Land Use, Open Space and Circulation (LOC)
Policies and Programs:
9.2 for not adequately regulating allowed agricultural practices and keeping of
domestic animals.
Additionally, the project is inconsistent with Goal #6 of the Safety and Noise Element to
protect the citizens of Atascadero from the harmful and annoying effects of exposure to
excessive noise.
B. FINDING: The proposed project or use does not satisfy all applicable provisions of the
Zoning Code (Title 9 – Planning and Zoning).
FACT:
C. FINDING: The establishment, and subsequent operation or conduct of the use will,
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 propert y or
improvements in the vicinity of the use.
FACT: The establishment of a kennel facility will negatively alter the character of the
area, which is dominated by residential uses. The kennel may add unwanted side
effects such as excessive noise from what is there right now.
D. FINDING: The proposed project or use will be inconsistent with the character of the
immediate neighborhood or contrary to its orderly development.
FACT: The establishment of a kennel facility will negatively alter the character of the
area, which is dominated by residential uses. The introduction of a kennel will add a
commercial component to the neighborhood that that does comply with typical Home
Occupation standards.
E. FINDING: The proposed use or project will 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.
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Colorado Dog Breeding/ Kennel
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FACT:
F. FINDING: The proposed project is not in compliance with pertinent City policy or
criteria adopted by ordinance or resolution of the City Council.
FACT: The proposed use is inconsistent with General Plan Policy LOC 9.2 and Noise
and Safety Element Goal #6.
SECTION 4. CEQA. The project is exempt from the California Environmental Quality
Act (CEQA), under Categorical Exemption § 15301, Class 1: Existing Facilities.
SECTION 5. Approval. The Planning Commission of the City of Atascadero, in a regular
session assembled on September 20, 2022, resolved to deny a Conditional Use Permit to allow for
a dog breeding / kennel facility (USE22-0070).
On motion by Commissioner _____________ and seconded by Commissioner ___________, the
foregoing resolution is hereby adopted in its entirety by the following roll call vote:
AYES: ( )
NOES: ( )
ABSTAIN: ( )
ABSENT: ( )
ADOPTED:
CITY OF ATASCADERO, CA
______________________________
Jeff Van den Eikhof
Planning Commission Chairperson
Attest:
______________________________
Phil Dunsmore
Planning Commission Secretary
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ATTACHMENT 3: Site photos
USE22-0070
Kennel Facilities
Isolation kennel
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Existing fenced area to be removed
View From Colorado Road
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ATTACHMENT 4: Letter of Justification
USE22-0070
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