HomeMy WebLinkAboutAUP_2023-02-22_AgendaPacketADMINISTRATIVE USE PERMIT HEARING
Updated 11-1-2022
In accordance with City Council Resolution No. 2023-001 and the
requirements of AB 361, the Administrative Use Permit Meeting will not be
physically open to the public and Staff will be teleconferencing into the
meeting.
HOW TO OBSERVE THE MEETING:
To maximize public safety while still maintaining transparency and public access, you may join the
Zoom webinar from your computer, tablet, or smartphone by visiting:
To join the virtual hearing: (No passcode required)
https://us02web.zoom.us/j/84567568854?pwd=UytsbTU1OVB3N2JYQVVJQmlMT1FaZz09
Webinar ID: 845 6756 8854
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 the number below to listen and provide public comment
via phone.
US: +1 (669) 900-6833 (and use *9 to raise your hand to speak)
If you wish to provide written public comment, please email your comments to aup-
comments@atascadero.org by 5:00 pm the day before 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 Zoning Administrator 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 Zoning Administrator
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.
Administrative Use Permit agendas and staff reports may be viewed on the City's website:
www.atascadero.org. Final Action Reports will be available after the meeting, and upon request from
the Community Development Department.
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. All documents submitted by the public during AUP
meetings that are either read into the record or referred to in their statement will be noted in the audio
recording and available for review by contacting the Community Development Department. All
documents will be available for public inspection during City Hall business hours by appointment
request.
C ITY OF A TASCADERO
COMMUNITY DEVELOPMENT DEPARTMENT
6500 PALMA AVE ▪ ATASCADERO, CA 93422 ▪ (805) 461-5035
Administrative Use Permit Hearing
A G E N D A
*MEETING WILL BE HELD VIRTUALLY*
The City of Atascadero’s Zoning Hearing Officer will hold a VIRTUAL public
hearing at 9:00 a.m. on Wednesday, February 22, 2023 at City Hall to
consider the following projects:
1. 4505 SYCAMORE ROAD (USE22-0112)
The application is to allow for a 1750 sf detached shop on APN 028-021-
001. The project is exempt from the California Environmental Quality Act
(CEQA) under Categorical Exemption §15303, Class 3: new construction
of small structures. Staff recommendation is to approve the project.
(Mariah Gasch, Associate Planner)
2. 4590 PORTOLA ROAD (USE22-0104)
The application is to allow for a 1512 sf detached RV storage garage on
APN 054-051-068. The project is exempt from the California
Environmental Quality Act (CEQA) under Categorical Exemption §15303,
Class 3: new construction of small structures. Staff recommendation is to
approve the project. (Mariah Gasch, Associate Planner)
PLEASE NOTE: Any court challenge to the actions taken at the public
hearing may be limited to considering only those issues raised at the public
hearing described in this notice or in written correspondence to the City of
Atascadero at, or prior to, the public hearing.
Any decision of the Hearing Officer is final unless appealed to the Planning Commission within 14 days of
the action. Any person aggrieved by the decision may file an appeal. Appeal forms are available in the
Community Development Department or on the City’s website (www.atascadero.org). The fee for filing an
appeal is $1,530 and must accompany the appeal documentation.
C ITY OF A TASCADERO
COMMUNITY DEVELOPMENT
Administrative Hearing Agenda Report ITEM # 1
FROM: Mariah Gasch, Associate Planner MEETING DATE: 2/22/23
FILE NUMBER: USE22-0112
PROJECT ADDRESS: 4505 Sycamore Road
SITUATION:
The applicant, Ray Hasch, is proposing to construct an accessory structure that will serve
as a workshop on the applicant’s property at 4505 Sycamore Road. The proposed
structure will be a one-story, 1,750 square foot building with an open floor plan. The
design proposes a light teal green Hardie board for the building, dark gray composite
shingle roof, and white for door and window trim. These colors and materials will match
what is currently on the existing residence. The structure will be 12 feet tall at the eaves,
and 29 feet tall at the peak. The structure is proposed to be five feet from the side property
line to the west and ten feet from the rear property line to the north. The location of the
structure is behind the residence near the back of the property and will be accessed from
Sycamore Road by the driveway that serves the existing barn on the site. The structure
will be mostly hidden from Sycamore Road. The property exists in an area that has been
mapped as a potentially archaeologically sensitive area near the Salinas River.
EVALUATION:
According to Atascadero Zoning Ordinance, residential accessory structures are
permitted within the Residential Single-Family (RSF) zoning district. In accordance with
the Atascadero Municipal Code, all buildings within the RSF zoning district must 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
Atascadero Municipal Code 9-6.106 limits gross floor area of a detached accessory
structure to one hundred percent (100%) of the gross floor area of the principal structure,
up to 2,000 square feet. The floor area may be increased by approval of an Adminis trative
Use Permit (AUP) to allow additional floor area over the specified limits, when consistent
with the appearance and design criteria in Section 9 -6.106 (3) and when additional
findings can be made to support an increased size. An accessory structure that exceeds
fifty percent (50%) of the gross floor area of the principal structure is required to follow
design criteria. If an accessory structure is over the 50% threshold and does not meet the
design criteria, it requires Conditional Use Permit. Since the principal structure is 1,870
square feet, the site would be limited to an accessory structure of roughly 935 square feet
or could be up to 1,870 with approval of an Administrative Use Permit if design criteria
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are met, as listed below.
1. Accessory structure shall not be located between the primary structure and the
public roadway
2. Accessory structure shall be compatible with the pattern of development in the
neighborhood (there are similar structures on adjacent properties, and properties
are of a size, nature and topography so as to not create a significant aesthetic
impact)
3. Accessory structure is compatible or complementary with the architectural style of
the primary structure;
4. The floor area of the accessory structure is equal or lesser than the floor area of
the primary structure
5. The accessory structure is located on a conforming lot;
6. The accessory structure can be built to avoid substantial grading and the removal
of significant native trees;
7. The accessory structure does not block sunlight for adjacent properties, alter site
distance for roads or driveways, nor substantially alter the visual quality of the
property
8. The accessory structure shall be located no closer than ten (10) feet to the side
property line as measured from the nearest roof eave; and
9. The accessory structure shall be located no closer than forty (40) feet to the
nearest residential dwelling on an adjacent property.
The proposed shop of 1,750 square feet exceeds the maximum 50% of the principal
structure’s square footage, and therefore is subject to approval of an AUP (AMC 9-6.106
(2)(i)), but must stay consistent with the appearance and design criteria listed above.
The proposed structure meets eight of the nine of the criteria listed above. The current
proposal includes a 5-foot rear setback instead of the 10-foot setback required by the
above listed standards. A condition has been added to revise the project so that this
standard is met. The structure will not be located between the primary residence and
Sycamore Road and the design will fit into the rural nature of the surrounding area. The
proposed shop will be made of the same materials as the residence, with Hardie board
siding and a dark composite shingle roof. The minimum lot size in the Residential Single
Family-Y zoning district is one acre. The subject property is 1.05 acres which is above
the required lot size.
The proposed location of the accessory structure is the most suitable because utilizes the
existing driveway and is in an area where no trees will be impacted. The structure is
shown as close as five feet to the side property line. Criterion number eight listed above
states that the accessory structure be located no closer than ten feet to the side property
line from a roof eave. A condition has been added that the structure be relocated on the
plans to meet this setback requirements. If the setback cannot be met, the applicant will
need to request an exception from the Planning Commission through conditional use
permit approval. The proposed structure will be approximately 50 feet from the nearest
dwelling on an adjacent property.
The subject site is in an area that has been deemed as potentially archaeologically
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sensitive area due to its proximity to the Salinas River. The applicant provided a Phase I
Archaeological Study with their application. This study was completed by Padre
Associates, Inc. in July of 2021. The Phase I study did not identify any cultural resources
within the project site. Padre made the recommendation to proceed without an additional
Archaeological Survey but in the event that cultural materials are encountered during
ground disturbance, all activity within 100 feet of the find should be stopped and a
qualified archaeologist should be contacted for additional analysis and recommendation.
Staff has added a condition for compliance with this recommendation.
RECOMMENDATION:
Staff recommends the Administrative Hearing Officer approve USE22-0112 to allow the
construction of the oversized accessory structure with conditions of approval.
ENVIRONMENTAL DETERMINATION
☒ Categorical Exemption CEQA – Guidelines Section 15303
☐ Statutory Exemption §§ 21000, et seq & ________________________
☐ No Project – Ministerial Project
Findings
Administrative Use Permit (AMC 9-6.106)
1. Modification of the applicable standard will not result in a project that is
inconsistent 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 area.
2. Modification of the applicable standard will not result in a project that is
inconsistent with the character of the immediate neighborhood or cont rary to its
orderly development;
Fact: The proposed accessory structure is consistent with the surrounding rural
suburban character of the immediate neighborhood. Many of the properties
along Sycamore Road have similar structures. The design of the proposed
structure is not out of place in this environment. The view of the proposed
structure from Sycamore Road will be filtered with vegetation.
3. Modification of the applicable standard will not result in a project that is not in
compliance with any pertinent City policy or criteria adopted by ordinance or
resolution of the City Council;
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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.
4. Modification of the applicable standard will not result in the authorization of a
use not otherwise allowed; and
Fact: The proposed structure will serve a residential use, including a workshop
and noncommercial storage.
Conditions
1. This AUP shall allow the accessory structure described in the attached exhibits
and located on APN 028-021-001.
2. The approval of this use permit shall become final and effective for the purposes
of issuing building permits fourteen (14) days following the AUP 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
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 AUP hearing officer shall have the final authority to approve
any other changes to the Master Plan of Development.
4. Approval of this AUP shall be valid for 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.
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.
6. Architectural elevations shall be consistent with Attachment 2. Exterior building
and roof colors and materials shall be similar to the existing residence with light
colored siding and a dark shingle roofs with white doors and trim.
7. The applicant shall provide a Phase 1 Archaeological Study completed by a
licensed professional upon building permit submittal.
8. In the event that cultural materials are encountered during ground disturbance, all
activity within 100 feet of the find should be stopped and a County-qualified
archaeologist should be contacted. The site shall be cleared by the archaeologist
before proceeding with construction.
9. The accessory structure shall be relocated no closer than ten (10) feet to the side
property line as measured from the nearest roof eave.
Code Requirements
1. AMC 9-6.106 (Residential accessory uses)
2. AMC 9-1.112 Administrative Use Permit
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Attachments
Attachment 1 - Location Map and Zoning
Attachment 2 - Proposed Elevation
Attachment 3 – Site Plan
Attachment 4 – Floor Plan
Attachment 5- Site photos
Action:
Approve
Approve as modified
Deny
Continue to: _______________ to allow _________________________________
____________________________________________________________________
Continue indefinitely to allow: __________________________________________
_____________________________________________________________________
_____________________________________________________________________
___________________________________
Phil Dunsmore, Hearing Officer
5
Aerial Map
Zoning Map
Attachment 1: Location Map and Zoning
USE 22-0112
RSF-Y
P
OS
6
Attachment 2: Proposed Elevations
USE 22-0112
7
8
Attachment 3: Site Plan
USE 22-0112
9
Attachment 4: Floor Plan
USE 22-0112
10
Location of Proposed Structure
View Looking Northeast on Sycamore Road
Attachment 5: Site Photos
USE 22-0112
Proposed location
11
C ITY OF A TASCADERO
COMMUNITY DEVELOPMENT
Administrative Hearing Agenda Report ITEM # 2
FROM: Mariah Gasch, Associate Planner MEETING DATE: 2/22/2023
FILE NUMBER: USE22-0104
PROJECT ADDRESS: 4590 Portola Road
SITUATION:
The applicants, John and Frieda Langford, are proposing to construct an oversized
accessory structure that would be used as workshop at 4590 Portola Road. The subject
property currently has a 1,456 square-foot residence with an attached 492 square-foot
garage that is under construction. This residential construction permit was issued in
September 2022. The shop is proposed to be 1,512 square feet with an attached 336
square foot covered porch. The design proposes vertical sheetrock siding in a neutral
shade of either white, to match the new residence, or natural walnut colored wood grain
to contrast the residence. The roof material is proposed as a standing se am metal in a
dark grey color which will also mirror the new residence. The windows will also match
with a proposed dark bronze frame. The proposed shop will be 10-feet tall at the eaves
and 20’-6” feet tall at the peak. The subject parcel does not have any property lines that
abut a public right-of-way and the structure will not be visible from the nearest right-of-
way, Portola Road. The subject property itself is accessed off a long driveway from
Portola Road. The proposed workshop will be 40 feet from the nearest property line and
approximately 30 feet from the residence currently under construction.
EVALUATION:
According to the Atascadero Zoning Ordinance, residential accessory structures are
permitted within the Limited Single-Family zoning district. In accordance with the
Atascadero Municipal Code, all buildings within the RSF-Z zoning district must adhere to
the 30-foot building height maximum (AMC 9-4.113(a)). The property is designated as a
lot without street frontage, thus, development on these lot types must also adhere to the
following setback distances (AMC 9-4.106-108):
• Front Setback: Ten (10) feet
• Side Setback: Five (5) feet
• Rear Setback: Ten (10) feet
• Easement Setback: Five (5) feet
Atascadero Municipal Code 9-6.106 limits gross floor area of a detached accessory
structure to one hundred percent (100%) of the gross floor area of the principal structure,
up to 2,000 square feet. The floor area may be increased by approval of an Adminis trative
Use Permit (AUP) to allow additional floor area over the specified limits, when consistent
with the appearance and design criteria in Section 9 -6.106 (3) and when additional
findings can be made to support an increased size. An accessory structure that exceeds
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Page 2
fifty percent (50%) of the gross floor area of the principal structure is required to follow
design criteria. If an accessory structure is over the 50% threshold and does not meet the
design criteria, it requires Conditional Use Permit.
Since the principal structure is 1,948 square feet, the site would be limited to an accessory
structure of roughly 974 square feet or could be up to 1,948 with approval of an
Administrative Use permit if design criteria are met, as listed below.
1. Accessory structure shall not be located between the primary structure and the
public roadway
2. Accessory structure shall be compatible with the pattern of development in the
neighborhood (there are similar structures on adjacent properties, and properties
are of a size, nature and topography so as to not create a significant aesthetic
impact)
3. Accessory structure is compatible or complementary with the architectural style of
the primary structure;
4. The floor area of the accessory structure is equal or lesser than the floor area of
the primary structure
5. The accessory structure is located on a conforming lot;
6. The accessory structure can be built to avoid substantial grading and the removal
of significant native trees;
7. The accessory structure does not block sunlight for adjacent properties, alter site
distance for roads or driveways, nor substantially alter the visual quality of the
property
8. The accessory structure shall be located no closer than ten (10) feet to the side
property line as measured from the nearest roof eave; and
9. The accessory structure shall be located no closer than forty (40) feet to the
nearest residential dwelling on an adjacent property.
The proposed shop of 1,512 square feet exceeds the maximum 50% of the principal
structure’s square footage, and therefore is subject to an approval of an Administrative
Use Permit and must meet the above listed criteria.
The proposed structure meets all nine of the criteria listed above. The structure will not
be located between the primary residence and Portola Roa d and the design will fit into
the rural nature of the surrounding area. The proposed shop will be made of the same
materials as the residence, with vertical siding and a standing seam metal roof. Staff has
added a condition that allows the applicant to ch oose between a white vertical siding that
matches the new residence or a darker natural wood color to add a contrast to the
property. The minimum lot size in the Residential Single Family- Z zoning district is 1.5
acres. The subject property is 1.56 acres which is above the required lot size.
The proposed location of the accessory structure is the most suitable because it is nearest
to the accessible driveway and in an area with fewer trees than the remainder of the site.
The proposed project will impact two pine trees nearby. However, pine trees are not native
or protected trees per the Atascadero Municipal Code stand ards. The structure is no
closer than 40 feet from the nearest property line and approximately 80 feet from the
nearest adjacent residential dwelling.
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RECOMMENDATION:
Staff recommends the Administrative Hearing Officer approve USE22-0104 to allow the
construction of the oversized accessory structure, subject to conditions of approval.
ENVIRONMENTAL DETERMINATION
☒ Categorical Exemption CEQA – Guidelines Section 15303
☐ Statutory Exemption §§ 21000, et seq & ________________________
☐ No Project – Ministerial Project
Findings
AMC 9-6.106 requires the Hearing Officer to make the following 5 findings:
1. Modification of the applicable standard will not result in a project that is
inconsistent 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 is
consistent with the primary residence.
2. Modification of the applicable standard will not result in a project that is
inconsistent with the character of the immediate neighborhood or contrary to its
orderly development;
Fact: The proposed accessory structure is consistent with the surrounding rural
character of the immediate neighborhood. Many of the properties along Portola
Road have accessory structures, and the design of the proposed structure is not
out of place in this environment. The proposed structure will not be visible from
Portola Road.
3. Modification of the applicable standard will not result in a project that is not 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.
4. Modification of the applicable standard will not result in the authorization of a
use not otherwise allowed; and
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Page 4
Fact: The proposed structure will serve a residential use, including a workshop
and noncommercial storage.
Conditions
1. This AUP shall allow the accessory structure described in the attached exhibits
and located on APN 054-051-068.
2. The approval of this use permit shall become final and effective for the purposes
of issuing building permits fourteen (14) days following the AUP 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
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.
4. Approval of this AUP shall be valid for 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.
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.
6. Architectural elevations shall be consistent with Attachment 2. Exterior building
and roof colors and materials shall match the new single-family residence on the
property. This includes white vertical siding, grey metal roofing and dark bronze
window frames. Alternately, the siding may be natural wood grain with a medium
dark wood color instead of white. The applicant shall provide color details upon
building permit submittal.
Code Requirements
1. AMC 9-6.106 (Residential accessory uses)
2. AMC 9-1.112 Administrative Use Permit
Attachments
Attachment 1 - Location Map and Zoning
Attachment 2 - Proposed Elevation
Attachment 3 – Floor Plan
Attachment 4 – Site Plan
Attachment 5 – Site Photos
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Action:
Approve
Approve as modified
Deny
Continue to: _______________ to allow _________________________________
____________________________________________________________________
Continue indefinitely to allow: __________________________________________
_____________________________________________________________________
_____________________________________________________________________
_________________________
Phil Dunsmore, Hearing Officer
16
Attachment 1: Location Map and Zoning
USE22-0104
RSF-Z
17
Attachment 2: Proposed Elevation
USE22-0104
18
Attachment 3: Floor Plans
USE22-0104
19
Attachment 4: Site Plan
USE22-0104
20
Proposed Shop Location
New house under construction
Attachment 5: Site Photos
USE22-0104
21
Example of Proposed Style
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