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Home My WebLink AboutPC Resolution 2024-0004PC RESOLUTION 2024-0004 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING A MINOR CONDITIONAL USE PERMIT (USE22-0084) TO ALLOW THE CONSTRUCTION OF AN OVERSIZED ACCESSORY STRUCTURE ON APN 030-071-054 9061 PALOMAR AVENUE MCMILLIN WHEREAS, an application was received from Dean and Kristy McMillin, 9061 Palomar Avenue, Atascadero, CA 93422, (owner and applicant) for a Minor Conditional Use Permit to construct an oversized accessory structure; and WHEREAS, the site has a General Plan Designation of Single-family Residential Y (SFR - Y); and WHEREAS, the property is in the Residential Single-family Y (RSF-Y) zoning district; 'WITSJ WHEREAS, on the date that the project was submitted, detached residential accessory structures with a floor area in excess of fifty percent (50%) of the primary residence were 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 NOW THEREFORE, the Planning Commission of the City of Atascadero, California, takes the following actions: 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 20, 2024, considered testimony and reports from staff, the applicants, and the public related to said application. 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 it solely involves the construction of an appurtenant garage structure. SECTION 4. 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 structure is largely screened from adjacent properties, and the colors and materials shown on plans are designed to be cohesive with the existing residence on the property. 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 at the time the project was submitted. 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 accessory structure will be used for the storage of personal vehicles and household supplies. This is a typical use in residential single-family neighborhoods. The proposed structure is constructed to meet the standards of the building code and has been approved by all departments, including Building and Fire. 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 structure will be partially screened by landscaping from the north and fully screened by topography from the south. The design will fit in with the character and architectural styles of the surrounding neighborhood and existing home. The project also includes a condition that the color palette shall be neutral to match the property's semirural surroundings. 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. While an ADU is attached to the structure and may contribute additional trips, it is not a part of this entitlement per State law. 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 at the time of submittal. SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on February 20, 2024, resolved to approve Minor Conditional Use Permit USE21-0034, subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Project Design Package On motion by Vice Chairperson van den Eikhof, 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, Schmidt, van den Eikhof, Keen (7) NOES: None (0) ABSENT: None (0) ABSTAINED:None (0) ADOPTED: February 20, 2024 CI F A Tori - een Planning Commission Chairperson ATTEST: Phil Dunsmore Planning Commission Secretary EXHIBIT A: Conditions of Approval USE 22-0084 Conditions of Approval Timing Responsibility /Monitoring 9061 Palomar Avenue BL:Business License PS: Planning Services GP: Grading Permit BS: Building Services U$E22-00$4 BP: Building Permit FI: Final Inspection FD: Fire Department PD: Police Department TO: Temporary Occupancy CE: City Engineer F0: Final Occupancy WW: Wastewater CA: City Attorney Planning Services Conditions 1. This Conditional Use Permit shall allow a 2000 square -foot accessory Ongoing PS structure attached to an ADU at 9061 Palomar Avenue, APN 030- 071-054, as described in the attached Exhibits. 2. The approval of this use permit shall become final and effective for Ongoing PS 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. 3. The Community Development Department shall have the authority to BP PS, BS, CE 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 approved Conditional Use Permit. 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 and started construction on the project. 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 the construction or use of the detached accessory structure. 6. The accessory structure shall be finished in neutral colors to BP PS complement the existing home and structures on adjacent properties. 7. The accessory structure shall be used for the storage of personal Ongoing PS, CE vehicles and household goods, and shall not be used for home occupation purposes unless approved by the Community Development Department. 8. Any flatwork, grading, or septic that was previously unpermitted and BP PS, BS, CE required a permit shall be reviewed as part of the building permit application and shall meet all current code requirements. m ■ In. -Ii ............. W. El El ILI IF, 00 cc L, 14, s ou w cu, -W '0 In. -Ii ............. W. South - z ® 1 u-� 3 i ISs-b� P,q•L•4P �°F' .• k+1.1.•u� WWF• i3 F4. T w9Mp 00 MN 5 sl ti I'i,yu,n 6061TH '�• q.R LTYttsAt Nett+) '%.ssi;o'` �. East pv PAVEj. %.06AT19►J . ILSOvilmv %.wKWAc slis- h _ M'a1� 4�•1� SST Ti.1, 6EL 1'� y`fst16H Svtlei+,r►s�ki. �'� O"PN+fff� not Lot -41 Y ". � �. • • . - " - • ,ice, • . •, � �---i 11Nilp ►TR7, I West