HomeMy WebLinkAboutPC Resolution 2022-0014PC RESOLUTION 2022-0014 eW SEP 2 12022
CITY OF ATASCADERO
A RESOLUTION OF THE PLANNING COMMISSION Opq"PiG
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.
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.
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.
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.
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
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 Hughes, and seconded by Commissioner Heath, the foregoing resolution is
hereby adopted in its entirety by the following roll call vote:
AYES: Anderson, Heath, Hughes, van den Eikhof (4)
NOES: None (0)
ABSENT: Carranza, Schmidt, Keen (3)
ABSTAINED: None (0)
ADOPTED: September 20, 2022
CITY OF ATASCADERO, CA
Je n Eikhof
Planning Commission Chair
ATTEST:
Phil Dunsmore
Planning Commission Secretary
EXHIBIT A: Conditions of Approval
USE 22-0073
Conditions of Approval
Timing
USE22-0073
13505 Santa Lucia Road
BL: Business License
GP: Grading Permit
Detached Accessory Structure
BP: Building Permit
FI: Final Inspection
TO: Temporary Occupancy
F0: Final Occupancy
Planning Services Conditions
1. This Conditional Use Permit shall allow the accessory structure described in the
Ongoing
attached exhibits and located on APN 050-324-014.,
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.
4. Approval of this Conditional 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 and started
construction on the project.
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 a dark neutral to match the existing residence. The
building shall include horizontal siding to match the existing residence.
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
FI
the space will not be used for overnight stays or be converted into habitable space
without required permits.
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