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Home My WebLink AboutPC Resolution 2024-0001PC RESOLUTION 2024-0001 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT (USE23-0105) TO ALLOW A THIRD ACCESSORY STRUCTURE AT APN 054-032-041 3675 MARICOPA ROAD Funke-Bilu WHEREAS, an application has been received from Chad Woodrum, Applicant and Ilan Funke-Bilu, Owner, to consider a Conditional Use Permit (USE23-0105) to allow a third accessory structure at 3675 Maricopa Road; and WHEREAS the site's General Plan Designation is Suburban Estates (SE); and WHEREAS the site's Zoning is Residential Suburban (RS); 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 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. NOW THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of Atascadero, California, makes the following findings, determinations and recommendations with respect to the proposed Conditional Use Permit: SECTION 1. Recitals. The above recitals are true and correct. SECTION 2. Public Hearing. The Planning Commission of the City of Atascadero, in a regular session assembled on February 6, 2024, considered testimony and reports from staff, the applicants, and the public. SECTION 3. CEQA. 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 the project is limited to construction of a small structure appurtenant to the primary residence on the property. SECTION 4. Findings. The Planning Commission makes the following findings and determinations: 1. The proposed use is consistent with the General Plan Fact: Detached accessory structures are consistent with the Rural Estate land use designation of the General Plan. Land Use, Open Space, and Conservation Element Program 1.1.6 requires that the size, use, and appearance of accessory structures in residential zoning districts be compatible with the surrounding neighborhood. The subject property is 4.2 acres, and the proposed accessory maintains the rural character envisioned by the General Plan and consistent with General Plan policies related to the Suburban Estates designation. 2. The proposed project satisfies all applicable provisions of the Title (Zoning Ordinance) Fact: The project as conditioned satisfies the provisions of the Atascadero Municipal Code. AMC 9-6.106(d)(2) enables the construction of more than two residential accessory structures with the approval of a minor Conditional Use Permit. The project is in compliance with all Municipal Code site design requirements. 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. Fact: The proposed use is not detrimental to the health, safety or welfare of the general public or persons residing or working in the neighborhood of the use, or detrimental or injurious to property or improvements in the vicinity of the use. The project proposes a structure accessory to the residential use of the property. 4. That the proposed project will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development Fact: The proposed use follows the character of the immediate neighborhood given the large lot size and use of the structure as accessory to the single-family residence. The structure is clustered adjacent to existing development on the site and will retain the larger front setback on the property. 5. That 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 full development in accordance with the Land Use Element Fact: The proposed project is for a use accessory to the existing single-family residence and will not be occupied. No additional traffic will be generated as a result of this structure. SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on February 6, 2024, resolved to approve Conditional Use Permit Use USE23- 0105, subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Site Plan EXHIBIT C: Elevations EXHIBIT D: Floor Plan 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: Carranza, Heath, Hughes, Schmidt, van den Eikhof, Keen (6) NOES: None (0) ABSENT: Anderson (1) ABSTAINED: None (0) ADOPTED February 6, 2024 CITY OF ATASCADERO, CA Tori Keen Planning Commission Chairperson ATTEST: t Phil Dunsmore Planning Commission Secretary https://atascaderoca.sharepoint.com/sites/developmentreviewteani/shared documents/- use use permits/2023/use23-0105 maricopa third accessory/4.0 resolutions/pc resolution 2024-000l.docx Exhibit A: Conditions of Approval USE 23-0105 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility /Monitoring 3675 Marico a Road p BL Business License GP: Grading PermA PS: Planning Services BS: Building Services FD: Fire Deparhnent BP: Building Permit PD: Police Department USE 23-0105 Fl: Final TO: Temporary o�Y Occupancy Octioncupancy CE: City Engineer WW: Wastewater F0: Final Occupancy CA City Attorney Planning Services Conditions 1. This Conditional Use Permit shall allow a 924 square -foot pool cabana Ongoing PS at 3675 Maricopa Road, APN 054-032-041, as described in the attached Exhibits. 2. The approval of this use permit shall become final and effective for the Ongoing PS 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. 3. The Community Development Department shall have the authority to BP PS, BS approve the following minor changes to the project that (1) modify the site plan project by less than 10%, and/or (2) result in a superior site design or appearance. 4. Approval of this Conditional Use Permit shall be valid for twenty-four BP PS (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, or a time extension has been granted. 5. The applicant shall defend, indemnify, and hold harmless the City of Ongoing CA 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 this Conditional Use Permit. 6. Prior to permit issuance, the owner(s) must sign and notarize a deed restriction prohibiting the use of this accessory structure for overnight BP PS stays and as a dwelling unit. Exhibit B: Site Plan USE 23-0105 ao / / I (e, bN I.ON6 Wk:MATOR TR9i-N TRerwtes � Y (E) DRA►NfyETV- TRINC44 WM.SOX ) I, (FJ Vuve /� ABANDONED 59'71- TANG (Q�14F 4fi y GONG&4KFL) / NO%Tp,,, (MJ PAVED PARgNO � me OAK II'O M)SeWM TANK ! r i '�"� •,-. (e) 6lesT (17006AL✓vBV6. "VALVE -1 L.t/VS E - OOZE / Iq• (oR a�ulvu9+T/ o ( JJ I •\ / w m3 . o �1 J i �./♦ I+�R'T3m (e) W 59-11, TR@IW I IAVLD PARKNC+ / ay/y/ f/ • (I) GONG PATH / TlY M) e D ABs sa"E= R- �; 1 C/o0 / Tn I J 0 1 , , (e/ Awuu I I --z /. (e, (5) RECV%OW TREES I �- M) -LPI-. PATIO Db DRNHW+Y I TRI£s l 'j (EJ bA5 lime I i(U PAVCJ C*f4 vY { B6 �01N J'12a0' -- �4 I 4S0 � r 5RP (U fgN4 { I WING, j Y�ATBi LMe /;_ w (e1 PWE QAK 734. ' I i � � TRIES a Av.,21ub. exr- ' WE iVb. � e mac. eox fel wTax LNE y J rip p + V, satV1GE • AaANDON t > RE RARE Jz GAs UNe 7'� R&R -VTC ' VLATER WE { 3 It 1faDMs. RDAD 1 / 1 t OW 1 I O+0 t 1 1 1 1 1 1 1 1 1 L V,�d) 1 1'• ' I 11 1 1 r i i�• r1. r'1 1 i 1: 1 1 + ` � t t 1 1, 1- t i + 1 1 1 I 1 1 1 1 1 1 1 i i i i 1 1 1 1 1 1 11 1 1! 1 1 1 1 1 t� i+ 4 4 1 1 i i d 1 + 1 i i i F Q I I I I i I I 1 1 1 I 1 1 1 I I 1 is Y 1 • ' � + + i1L ' r-=® 1 ® 1 i + 1 a 1. 1 tis , j _ t 1 .I' 1 If ; EE3®g3 1 1 1 i.l + 1 + i 1 f '1 t 1 1 i I 1 1 1 Exhibit D: Floor Plan USE 23-0105 ATTACHMENT 2: Site Photo USE 23-0105 Building Area