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Home My WebLink AboutPC Resolution 2023-0007PC RESOLUTION 2023-0007 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING USE22-0117, TO ALLOW THE CONSTRUCTION OF AN OVERSIZED ACCESSORY STRUCTURE ON APN 049-191-035 6125 CONEJO ROAD FINEGAN WHEREAS, an application was received from Mike Finegan, 6125 Conejo Rd., 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 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 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 storage of personal items. 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 will be hidden by structures and landscaping from Conejo Road. 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 light 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 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 March 21, 2023, resolved to approve Conditional Use Permit USE22-0117, subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Site Plan EXHIBIT C: Elevation Drawings On motion by Commissioner Carranza, and seconded by Commissioner Hughes, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: Anderson, Carranza, Heath, Hughes, Keen, van den Eikhof (6) NOES: None ABSENT: Schmidt I_I.W.,"109111M�[.TT ADOPTED: March 21, 2023 CITY OF ATASCADERO, CA Je n Eikhof Planning Commission Chairperson ATTEST: Phil Dunsmore Planning Commission Secretary EXHIBIT A: Conditions of Approval USE 22-0117 Conditions of Approval Timing USE22-0117 6125 Conejo Road BL: Business License GP: Grading Permit Detached Accessory Structure 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 Ongoing attached exhibits and located on APN 049-191-035. 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. Proposed structure shall be located on the site as shown in Exhibit B. 7. Architectural elevations shall be consistent with Exhibit C. Exterior building colors BP / FI and materials shall be a light neutral to match the existing residence. The roof color shall be a darker, contrasting color. 8. Building Height shall be consistent with what is shown in Exhibit C. 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