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Home My WebLink AboutPC Resolution 2003-0016ORIGINAL FEB - 4 2003 CITY ®F ATASCA RESOLUTION PC 2003-0016 P�a�wuv A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING A CONDITIONAL USE PERMIT TO ESTABLISH A RESIDENTIAL SECOND UNIT IN THE RESIDENTIAL SINGLE FAMILY ZONING DISTRICT AT 9115 SAN GABREIL ROAD (APN 056-157-042) (CUP 2002-0081; McDaniel; 9115 San Gabriel Rd.) WHEREAS, An application has been received from Jerry McDaniel, 9115 San Gabriel Road, Atascadero, CA (Owner and Applicant) to consider Conditional Use Permit 2002-0081 to establish a residential second unit at 9115 San Gabriel Rd.; and, WHEREAS, the proposed project is located within the SFR -Y (Single Family Residential 1 -acre) land use designation of the City of Atascadero's General Plan Land Use Diagram; and, WHEREAS, the proposed project is located within the Residential Single Family 1 - acre (RSF-Y) zoning district where a residential second unit is subject to performance standards and the approval of a Conditional Use Permit; and, WHEREAS, a Categorical Exemption, under the California Environmental Quality Act (CEQA) section 15303 New Construction or Conversion of Small Structures, Class 3(a), has been prepared; and, WHEREAS, the Planning Commission held a duly noticed public hearing to consider the proposed Conditional Use Permit application on February 4, 2003 at 7:00 p.m., and considered testimony and reports from staff, the applicants, and the public; and, NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. FINDINGS OF CATEGORICAL EXEMPTION FROM CE A The proposed project has been determined to be exemption from CEQA based on a Class 3(a) exemption pertaining to the new construction or conversion of small structures. SECTION 2. FINDINGS FOR APPROVAL OF CONDITIONAL USE PERMIT. The Planning Commission finds as follows: 1. The proposed project is consistent with the General Plan; and, 2. The proposed project satisfies all applicable provisions of the Zoning Ordinance; and, Planning Commission Resolution 2003-0016 February 4, 2003 Page 2 of 7 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in this 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, 4. The proposed project will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development; and, 5. The proposed 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 the full development in accordance with the Land Use Element. SECTION 3. APPROVAL OF CONDITIONAL USE PERMIT. The Planning Commission does hereby approve Conditional Use Permit 2002-0081 to establish a residential second unit at 9115 San Gabriel. (APN 056-151-042), consistent with the following Exhibits: EXHIBIT A: Conditions of Approval EXHIBIT B: Site Plan EXHIBIT C: Floor Plan EXHIBIT D: Elevations Planning Commission Resolution 2003-0016 February 4, 2003 Page 3 of 7 On motion by Commissioner Kelly, and seconded by Commissioner Jones the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: Commissioner Bentz, Fonzi, Jones, Kelley, and Porter (5 ) NOES: none ( ) ABSENT: Commissioner Eddings (1 ) ABSTAIN: none ( ) ADOPTED: February 4, 2003 CITY OF ATASCADERO, CA K_. yi Roberta Fonzi Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary Planning Commission Resolution 2003-0016 February 4, 2003 Page 4 of 7 EXHIBIT A: CONDITIONS OF APPROVAL CUP 2002-0081 Condition of Approval Timing Responsibility CUP 2002-0081 /Monitoring PS: Planning Services BL: Business License BS: Building Services BP: Building Permit FD: Fire Department To: Temporary Occupancy PD: Police Department F0: Final Occupancy CE: City Engineer WW: Wastewater CA City Attorney Standard Conditions 1. The approval of this use permit shall become final and On Going PS effective for the purposes of issuing building permits, provided the required conditions of approval have been satisfied, following adoption and completion of the second reading period of Zone Change 2003-0039. 2. Approval of this Conditional Use Permit shall be valid On Going PS for twelve (12) months after its effective date. At the end of the period, the approval shall expire and become null and void unless the applicant has received a building permit or applied for an extension of entitlement. 3. The granting of this Conditional Use Permit shall On Going PS apply to APN 056-157-042, regardless of owner. Project Conditions 4. Lot Size: The net lot area shall be 1 -acre minimum. On Going PS 5. Sewer: The second unit shall be connected to City BP PS sewer. 6. Water: The second unit shall be served by Atascadero BP PS Mutual Water Company. A will serve letter shall be submitted prior to permit issuance. 7. Meters: Separate utilities meters may be installed for BP PS second units. 8. Floor area: The maximum residential floor area shall be BP PS 800 square feet. The covered porches and patios shall not be enclosed for any purposes and a legal deed restriction will be recorded prior to final. 9. Parking: A minimum of one covered parking space BP PS -1-11 k- -4,4-4 Planning Commission Resolution 2003-0016 February 4, 2003 Page 5 of 7 Condition of Approval Timing Responsibility CUP 2002-0087 /Monitoring PS: Planning Services BL: Business License BS: Building Services BP: Building Permit FD: Fire Department TO: Temporary Occupancy PD: Police Depadment F0: Final Occupancy CE: City Engineer WW: Wastewater Ck, City Attorney shall be provided. 10. Setbacks: The same setback requirements of a BP PS primary residential dwelling shall apply to secondary units. 11. Appearance: The secondary unit shall be BP PS architecturally compatible with the primary residential dwelling. Exterior color and material samples shall be submitted for review and approval prior to permit issuance. 12. Grading: Site grading and native tree removals shall be BP PS minimized to the greatest extent possible. Tree protection fencing shall be provided for oak tree located in vicinity of new gas line. The gas line shall be located outside of the tree's drip line. 13. The unit shall be compatible with the surrounding BP PS neighborhood. A solid fence will be installed along the western property lines to buffer the secondary unit from neighboring properties. Planning Commission Resolution 2003-0016 February 4, 2003 Page 6 of 7 EXHIBIT B: Site Plan CUP 2002-0081 Planning Commission Resolution 2003-0016 February 4, 2003 Page 7 of 7 EXHIBIT C: Floor Plan CUP 2002-0081 I--r1.m Ver i - clue wup" It k` — se �e tIr f r r�INO RM -mT'- 11 "Ir COVERED 11 viHe.l{D ! - F I !'i ~ MlIWIL. l -M LYII111E116L! TRPKaI SIpRE6 10 bl � � reww I twrgrm aNe _ ti -' --- -- -..__._N. I--r1.m Ver i - clue wup" It k` — se �e tIr f r r�INO RM 11 "Ir �. 11 viHe.l{D Yw4w ! COVERED poRCx ' .v stile I u{.� .. � ,_ _cam j _ p•i - -I -�--1- -� _ t - -P- t - -- --, - t-- tIr Yw4w � � reww f+Y ti -' --- -- -..__._N. ' i � f IS, Planning Commission Resolution 2003-0016 February 4, 2003 Page 8 of 7 EXHIBIT D: Elevations CUP 2002-0081 0VYEST ELEVATION tern n� c�3 t cccvt» wn rrr.+ra