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HomeMy WebLinkAboutPC_2023-06-06_AgendaPacket 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, June 6, 2023 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 i f no member of the Commission or public wishes to comment or ask questions.) 1. APPROVAL OF THE DRAFT MINUTES OF MARCH 21, 2023 • Recommendation: Commission approve the March 21, 2023 Minutes. City of Atascadero Planning Commission Agenda Regular Meeting June 6, 2023 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 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 public 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. CONSTRUCTION OF A NEW 60 x 40 METAL ACCESSORY STRUCTURE AT 7790 ARAGON ROAD The proposed project is for the construction of a 60x40 metal accessory structure on APN 028-401-014. (USE23-0043) • Recommendation: Staff’s recommendation is for the Planning Commission to approve the project. COMMISSIONER COMMENTS AND REPORTS DIRECTOR’S REPORT Presentations from Cal Poly’s City and Regional Planning Masters students about their class’s recommendations for Atascadero’s future downtown concept/vision plan. ADJOURNMENT The next regular meeting will be held on June 20, 2023 at 6:00 p.m. at City Hall, Council Chambers, 6500 Palma Ave, Atascadero, CA. 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 June 6, 2023 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 recorded, 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. 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 Commission 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. HOW TO SUBMIT PUBLIC COMMENT: If you wish to comment, 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 accorda nce 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 eithe r read into the record or referred to in their statement will be noted in the Minutes and available f or review by contacting the Community Development Department. All documents are available for public inspection during City Hall business hours by appointment. PC Draft Minutes of 3/21/2023 Page 1 of 3 ITEM NUMBER: 1 DATE: 6-6-23 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting – Tuesday, March 21, 2023 – 6:00 P.M. City Hall 6500 Palma Avenue, Atascadero, California CALL TO ORDER - 6:04 p.m. Chairperson van den Eikhof called the meeting to order at 6:00 p.m. and Vice Chairperson Keen led the Pledge of Allegiance. ROLL CALL Present: Commissioners Anderson, Carranza, Heath, Hughes, Vice Chairperson Keen, and Chairperson van den Eikhof Absent: Commissioner Schmidt (excused absence) Vacant: None Others Present: Annette Manier, Recording Secretary Staff Present: Community Development Director, Phil Dunsmore Deputy Community Development Director, Loreli Cappel Assistant Planner, Sam Mountain 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. (Schmidt absent) PUBLIC COMMENT None. Chairperson van den Eikhof closed the Public Comment period. 1 PC Draft Minutes of 3/21/2023 Page 2 of 3 ITEM NUMBER: 1 DATE: 6-6-23 CONSENT CALENDAR 1. APPROVAL OF THE DRAFT MINUTES OF MARCH 7, 2023 • Recommendation: Commission approve the March 7, 2023 Minutes. MOTION: By Commissioner Hughes and seconded by Commissioner Heath to approve the Consent Calendar. Motion passed 6:0 by a roll-call vote. (Schmidt absent) PLANNING COMMISSION BUSINESS None COMMUNITY DEVELOPMENT STAFF REPORTS None PUBLIC HEARINGS 2. ACCESSORY STRUCTURE AT 6125 CONEJO ROAD The proposed project is for an oversized accessory structure on APN 049 -191- 035. (USE22-0117) • Recommendation: Staff’s recommendation is for the Planning Commission to approve the accessory structure. DISCLOSURE OF EX PARTE COMMUNICATIONS: None Director Dunsmore provided the staff report and answered questions from the Commission. PUBLIC COMMENT The following member of the public spoke: Michael Finegan. Chairperson van den Eikhof closed the Public Comment period. MOTION: By Commissioner Carranza and seconded by Commissioner Hughes to adopt draft Resolution approving Use Permit (CUP) USE22-0117, allowing the construction of an 2 PC Draft Minutes of 3/21/2023 Page 3 of 3 ITEM NUMBER: 1 DATE: 6-6-23 oversized accessory structure at 6125 Conejo Road as conditioned. Motion passed 6:0 by a roll-call vote. (Schmidt absent) COMMISSIONER COMMENTS AND REPORTS Commissioner Hughes said he saw that the Azteca Market across from the Thai Elephant Restaurant will be going in soon. Commissioner Carranza stated that she called resident, Twyla Martin back about some flooding issues. Director Dunsmore spoke about this issue and situation and explained it to the Commission. Director Dunsmore talked about the local flooding issues, and Vice Chairperson Keen stated there is also an issue with potholes. Vice Chairperson Keen stated that she will be absent for the next meeting on April 4th. DIRECTOR’S REPORT 3. Director Dunsmore and Deputy Director Cappel provided a presentation on the General Plan Update and answered questions from the Commission. Director Dunsmore stated that at the next meeting, the Commission will hear a project to add a generator to an existing cell site on Vista Bonita . Director Dunsmore answered a question in regards to the K-Mart building. ADJOURNMENT – 7:39 p.m. The next regular meeting is scheduled for April 4, 2023, at City Hall, 6500 Palma Avenue, Atascadero. MINUTES PREPARED BY: ____________________________ Annette Manier, Recording Secretary Administrative Assistant 3 ITEM 2 | 6/06/2023 Aragon Oversized Accessory Structure USE23-0043 / Salvucci 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 Atascadero Planning Commission Staff Report – Community Development Department Oversized Accessory Structure 7790 Aragon Road / USE23-0043 RECOMMENDATION(S): Staff Recommends: The Planning Commission adopt Draft Resolution approving Minor Conditional Use Permit USE23-0043, allowing the construction of an oversized accessory structure at 7790 Aragon Road as conditioned. Project Info In-Brief: PROJECT ADDRESS: 7790 Aragon Road Atascadero, CA APN 028-401-014 PROJECT PLANNER Sam Mountain Assistant Planner 470-3404 smountain@atascadero.org PROPERTY OWNER Nicolo Salvucci GENERAL PLAN DESIGNATION: ZONING DISTRICT: SITE AREA EXISTING USE PROPOSED USE Suburban Estate (SE) Residential Suburban (RS) ~0.94 acres Single-Family Residence Oversized Accessory Structure (Workshop/Storage) 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 4 ITEM 2 | 6/06/2023 Aragon Oversized Accessory Structure USE23-0043 / Salvucci 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 DISCUSSION: Existing Surrounding Uses / Parcel Configurations: Existing Zoning Existing Aerial / Surrounding North: South: East: West: Recreation (L) Residential Suburban (RS) Residential Suburban (RS) and Open Space (OS) Residential Suburban (RS) Summary: The applicant proposes to construct a 2,400 (60 x 40) square foot detached single-story garage/workshop on their property at 7790 Aragon Road. The plan shows the new building located 12 feet from the rear and northwest side property lines. The applicant is proposing a ‘light stone’-colored siding, brown trim, and ‘burnished slate’-colored roof. The walls, siding, and roof will be constructed with steel. Submitted elevations show two pedestrian doors, two roll-up doors, and six windows on the structure. 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 2,018 square feet in size. Therefore, this site would be limited to an accessory structure of approximately 1,009 square feet without use permit approval. The proposed structure is approximately 119% of the floor area of the existing residence. Atascadero Municipal Code (AMC) 9- 6.106 allows for oversized structures to go through an Administrative Use Permit review if a certain set of criteria are met. The proposed structure does not meet two of these criteria: L RS OS Existing SFR Proposed Accessory Structure 5 ITEM 2 | 6/06/2023 Aragon Oversized Accessory Structure USE23-0043 / Salvucci 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 iv. The floor area of the accessory structure is equal or lesser than the floor area of the primary structure, and v. The accessory structure is located on a conforming lot. The proposed accessory structure is greater than the primary residence in floor area, and the lot is nonconforming because it does not meet the RS zone minimum lot size of 2.5 acres. Since the aforementioned criteria are 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. The subject property is approximately 0.94 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 (A.M.C. 9-7.114). 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)). The proposed structure is within this height limit with a height of 17 feet. Design and Scale: The proposed structure will be approximately thirteen feet tall at the eaves and seventeen feet tall at the peak. It is proposed to be painted a “light stone” color, with brown trim and a “burnished slate” roof (see the following pages for color samples). These colors will not match the primary residence one-to-one, but will provide a similar palette and aesthetic cohesion. 6 ITEM 2 | 6/06/2023 Aragon Oversized Accessory Structure USE23-0043 / Salvucci 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 13’ 17’ 60’ 13’ 17’ 60’ 7 ITEM 2 | 6/06/2023 Aragon Oversized Accessory Structure USE23-0043 / Salvucci 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 Front elevation Rear Elevation 40’ 13’ 17’ 13’ 17’ 40’ 8 ITEM 2 | 6/06/2023 Aragon Oversized Accessory Structure USE23-0043 / Salvucci 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 Dimensions Width: 40’ Length: 60’ Height (eaves): 13’ Height (ridge): 17’ Proposed colors Roof: Burnished Slate Wall: Light Stone Trim: Brown Proposed Building Location 9 ITEM 2 | 6/06/2023 Aragon Oversized Accessory Structure USE23-0043 / Salvucci 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 Site Design The subject site is an approximately 0.94-acre single-family residential property on Aragon Road in eastern Atascadero. It is relatively flat with no topographical concerns. Existing structures include a single-family home, a recreational vehicle, and a seatrain cargo container. Staff is recommending a condition to remove the cargo container prior to final inspection due to visual concerns. The attached Statement of Justification explains that the applicant has been using this cargo container for temporary storage, but will move stored items to the proposed structure once construction is completed. The proposed structure will be located in the far western corner of the property. Fencing will provide some screening from all sides. Additional screening from the south and east will be provided by existing trees; however, the structure will be visible from the property to the northwest. The structure will be visible from Aragon Road, though a fence located at the front of the property will provide partial scree ning. 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 A.M.C. 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; 10 ITEM 2 | 6/06/2023 Aragon Oversized Accessory Structure USE23-0043 / Salvucci 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 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 6. The proposed project is in compliance with any pertinent city policy or criteria adopted by ordinance or resolution of the city council; and 7. Any additional findings deemed necessary. 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 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 | 6/06/2023 Aragon Oversized Accessory Structure USE23-0043 / Salvucci 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 USE23-0043 DRAFT PC RESOLUTION A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING USE23-0043, TO ALLOW THE CONSTRUCTION OF AN OVERSIZED ACCESSORY STRUCTURE ON APN 028-401-014 7790 ARAGON ROAD SALVUCCI WHEREAS, an application was received from Nicolo J. Salvucci, 7790 Aragon 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 Suburban Estate (SE); 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 and which do not meet the requirements outlined in Atascadero Municipal Code section 9- 6.106(b)(3) 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 June 6, 2023, 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 | 6/06/2023 Aragon Oversized Accessory Structure USE23-0043 / Salvucci 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 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 oversized, it will serve a residential use, including household storage and personal vehicle repair. 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 the storage of household goods and the storage and repair of vehicles for personal use. This is a typical use in residential single- family neighborhoods. The proposed structure will be constructed to meet the standards of the building code. 4. 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 design will fit in with the character and architectural styles of the surrounding neighborhood. Nearby properties have similar residential structures. 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 13 ITEM 2 | 6/06/2023 Aragon Oversized Accessory Structure USE23-0043 / Salvucci 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 Fact: Detached accessory structures are permitted in 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 June 6, 2023, resolved to approve Conditional Use Permit USE23-0043, 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 Eikhof Planning Commission Chairperson ATTEST: ___________________________________ Phil Dunsmore Planning Commission Secretary 14 ITEM 2 | 6/06/2023 Aragon Oversized Accessory Structure USE23-0043 / Salvucci 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 USE23-0043 Conditions of Approval USE23-0043 7790 Aragon 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 028-401-014. 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) 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. 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 construction has begun. BP 5. The applicant shall defend, indemnify, and hold harmless t he 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 shall be in neutral colors to match the existing residence. BP / FI 7. Building height shall be consistent with what is shown in Exhibit C. BP 8. Cargo container located onsite shall be removed prior to requesting final planning inspection FI 15 ITEM 2 | 6/06/2023 Aragon Oversized Accessory Structure USE23-0043 / Salvucci 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 USE23-0043 Proposed Accessory Structure Existing SFR 16 ITEM 2 | 6/06/2023 Aragon Oversized Accessory Structure USE23-0043 / Salvucci 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 C: Elevations USE23-0043 Left Elevation Front elevation Right Elevation Rear Elevation 17 ITEM 2 | 6/06/2023 Aragon Oversized Accessory Structure USE23-0043 / Salvucci 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 USE23-0043 L RS OS 18 ITEM 2 | 6/06/2023 Aragon Oversized Accessory Structure USE23-0043 / Salvucci 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 USE22-0043 Existing SFR Proposed Accessory Structure 19 ITEM 2 | 6/06/2023 Aragon Oversized Accessory Structure USE23-0043 / Salvucci 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 USE23-0043 Proposed Accessory Structure Site Backyard Area 20 ITEM 2 | 6/06/2023 Aragon Oversized Accessory Structure USE23-0043 / Salvucci 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 Existing Residence View from Aragon Rd. 21 ITEM 2 | 6/06/2023 Aragon Oversized Accessory Structure USE23-0043 / Salvucci 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 5: Statement of Justification USE23-0043 22