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ADMINISTRATIVE ADMINISTRATIVE HEARING
NOTICE Of ACTION
TO: Phil Dunsmore, Administrative Hearing Officer
FROM: Kelly Gleason, Planning Manager
PREPARED BY: Erick Gomez, Associate Planner
ITEM #1
Department: Community
Development
Date: 10/29/2024
SUBJECT: USE24-0095, Hogue Garage
3625 Colima Road, Atascadero, CA 93422 (APN 049-302-014)
RECOMMENDATION:
The Administrative Hearing Officer:
• Approve Administrative Use Permit USE24-0095 allowing the construction of a garage
with a size exceeding 50% of the floor area of the primary residential structure on a
nonconforming 0.77 -acre lot, based on findings and subject to conditions of approval.
DISCUSSION:
PROJECT SUMMARY
Patrick Hogue proposes to construct a 1,465 SF garage on an 0.77 -acre (ac) property in the
Residential Estate (RE) zoning district located at 3625 Colima Road (APN 049-302-014). The
garage is a prefabricated metal building with a maximum height of 24'. Access to the garage will
be from a shared driveway within an access easement extending from Colima Road. The property
is developed with an approximately 2,218 SF Single -Family Residence with a 478 SF attached
garage (PMT #16559 & BLD -2014-11681).
ANALYSIS
Residential accessory structures, such as garages, are allowed in the RE Zoning District. Accessory
structures exceeding 50% of the floor area of the primary structure are subject to additional
development standards outlined in Atascadero Municipal Code (AMC) § 9-6.106(b)(3), including:
• Location on a conforming lot or on a lot that is at least 1 -ac in size
• 10' setback from the side and rear lot lines
• 40' setback from residences on neighboring properties
• Minimal grading and disturbance of native trees
• Neighborhood compatibility and design compatibility with the primary structure
• Non-interference with sunlight or access necessary for adjacent properties
Projects unable to meet these standards may still be constructed subject to approval of an
Administrative Use Permit (AUP). The subject property is a nonconforming, 0.77 -acre lot. The
proposed garage is 1,465 SF garage which equivalent 54% of the primary structure. An AUP is
10/29/2024 1 Item 11 Staff Report
required because the lot does not meet the minimum lot size requirement for properties zoned
RE, nor does it meet the minimum (1) -acre lot size requirement.
The project complies with other applicable standards of Atascadero Municipal Code (AMC) § 9-
6.106(b)(3). The proposed 1,465 SF garage will be located on a topographically flat location of
the site which will reduce the need for grading. The structure is proposed 10' from the side and
rear property lines. No tree removals are anticipated to occur due to this permit; compliance with
tree protection standards of the Native Tree Ordinance will be required during construction. The
structure will have a neutral tan metal siding with white trim to match the existing residence. An
existing access easement provides access to the rear of the lot where the garage is proposed.
Construction of the garage will not interfere with the easement.
FINDINGS:
AMC 9-1.112 requires the Administrative Hearing Officer to make the following 4 findings:
1. Modification of the applicable standard will not result in a project that is inconsistent
with the General Plan.
Discussion: The development of residential accessory uses is consistent with envisioned
land uses for properties designated Suburban Estate.
2. Modification of the applicable standards will not result in a project that is inconsistent
with the character of the neighborhood or contrary to its orderly development.
Discussion: The project is appropriately designed and sited given the context of the site
and neighborhood. The structure is also compatible with neighboring development. Ad-
jacent lots are developed with single family residences and accessory structures with the
nearest neighboring residence being located approximately 50' away from the location
of the proposed garage.
3. Modification of the applicable standard will not result in a project that is not in compli-
ance with any pertinent City policy or criteria adopted by ordinance or resolution of the
City Council.
Discussion: The project will not conflict with any applicable City policy or criteria and is
consistent with all applicable provisions of the Atascadero Municipal Code.
4. Modification of the applicable standard will not result in the authorization of a use not
otherwise allowed.
Discussion: Residential accessory structures, such as garages, are allowed in the RE Zon-
ing District.
ENVIRONMENTAL DETERMINATION:
The proposed project qualifies for a Class 3 categorical exemption 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.) pursuant to CEQA
Guidelines Section 15301, which exempts new construction or conversion of small structures.
This exemption is included in the draft resolution (Attachment 2).
Page 2 of 7
10/29/20241 Item 11 Staff Report
CONCLUSION:
• The request for Administrative Use Permit USE24-0095 allowing the construction of a
1,465 SF garage meets all applicable requirements of the City Municipal Code, except for
the minimum lot size requirements for accessory structures exceeding 50% of the floor
area of the principal structure.
• All applicable findings for approval can be made. The structure is compatible with other
on-site structures and neighboring development.
CONDITIONS:
1. This approval of Administrative Use Permit USE24-0095 as depicted and described on
the attached exhibits allows the construction of a garage with a size exceeding 50% of
the floor area primary residential structure on a nonconforming 0.77 -acre lot at 3625
Colima Road (APN 049-302-014). The approval of these entitlements project runs with
the land, regardless of the owner.
2. The approval of these entitlements shall become final and effective for the purposes of
issuing building permits fourteen (14) days after the Administrative Officer hearing
unless an appeal is made in accordance with the Atascadero Municipal Code.
3. Approval of these entitlements 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 time extension consistent with the Atascadero
Municipal Code.
4. 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%, and/or (2) result in a superior site design or appearance.
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 this administrative use permit.
ACTION:
❑ APPROVE ❑ APPROVE AS MODIFIED
❑ CONTINUE TO ALLOW
SIGNED:6..,,� J
Phil Dunsmore, Administrative Hearing Officer
ATTACHMENTS:
1. Site and Zoning Map
2. Notice of Exemption
3. Project Plans
Page 3 of 7
❑ DENY
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10/29/2024 1 Item 11 Staff Report
Attachment 2: Notice of Exemption
T CITY OF ATASCADERO
q�
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LSI ` f �d,7
go ' 6500 Palma Avenue Atascadero, CA 93422 805.461.5000
Date Received Stamp
TO: Clerk -Recorder Office
County of San Luis Obispo
1055 Monterey Street Suite D120
San Luis Obispo, CA 93408
Office of Planning and Research
P.O. Box 3044, Room 113
Sacramento, CA 95812-3044
FROM: City of Atascadero
Community Development Department
6500 Palma Avenue
Atascadero, CA 93422
SUBJECT: Filing of Notice of Exemption in Compliance with Sections 15062 and 21152 of the Public
Resources Code
Project Title: USE24-0095, Hogue Garage
Project Applicant: Patrick Hogue, P.O. Box 1138, Paso Robles, CA 93447
pat@hogueinc.com; (805) 712-7287
Project Location: 3625 Colima Road, Atascadero, CA 93422 (APN 049-302-014)
Project Description: Administrative Use Permit allowing the allowing the construction of a garage with a
size exceeding 50% of the floor area primary residential structure on a nonconforming 0.77 -acre lot in the
Residential Estate zoning district. The proposed garage is a 1,465 SF prefabricated metal building with a
maximum height of 24'. Access to the garage will be from a shared driveway within an access easement
extending from Colima Road. The property is developed with an approximately 2,218 SF Single Family
Residence with a 478 SF attached garage.
Name of Public Agency Approving Project: City of Atascadero
Name of Person or Agency CaKKing Out Project: Patrick Hogue
Exempt Status:
_Ministerial (Sec. 15268); _General Rule Exemption (Sec. 15 06 1. c);
_Declared Emergency (Sec. 15269(a)); X Categorically Exempt (Sec. 15301 - 15333);
_Emergency Project (Sec. 15269(b)(c)); Statutory Exemption (Sec. 15261 - 15285)
Page 5 of 7
10/29/2024 1 Item 11 Staff Report
Attachment 2: Notice of Exemption
Reasons why the project is exempt: The project is exempt from environmental review pursuant to pursuant
to CEQA Guidelines Section 15303 (New Construction or Conversion of Small Structures). The proposed
project will install a new 1,465 SF garage in the rear yard of a developed property. The area of disturbance on
the property is limited. The are no sensitive environmental resources on the project or unusual environmental
circumstances surrounding the project site. There are no scenic or historical resources in the vicinity of the
project site. The site is not a listed hazardous waste site property. There are no cumulative impacts from
associated successive projects.
Lead Agency Contact Person: Erick Gomez, Planner
(805)470-3436
egomez@atascadero.org
Date Exemption Accepted: 10/29/24
10/29/24
Page 6 of 7
10/29/2024 1 Item 11 Staff Report
Attachment 3: Project Plans
SEE FOLLOWING SHEETS
Page 7 of 7
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