Loading...
HomeMy WebLinkAboutPC_2013-09-03_AgendaPacket http://www.facebook.com/planningatascadero @atownplanning CITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting Tuesday, September 3, 2013 – 7:00 P.M. Historic City Hall Council Chambers 6500 Palma Ave., 4th Floor (Enter on Lewis Ave.) Atascadero, California 93422 CALL TO ORDER Pledge of Allegiance Roll Call: Chairperson Bentz Vice Chairperson Schmidt Commissioner Anderson Commissioner Colamarino Commissioner Cooper Commissioner Dariz Commissioner Wolff 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.) PLANNING COMMISSION BUSINESS 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 if no member of the Commission or public wishes to comment or ask questions.) 1. APPROVAL OF ACTION MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON JULY 16, 2013. Note: New Location City of Atascadero Planning Commission Agenda Regular Meeting, September 3, 2013 Page 2 of 4 http://www.facebook.com/planningatascadero @atownplanning COMMUNITY DEVELOPMENT STAFF REPORTS None PUBLIC HEARINGS 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. (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 t o 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).) 2. PLN 2013-1471 / CONDITIONAL USE PERMIT FOR 11705 SAN MARCOS Property Owner/Applicant: Eugene and Carol Iaquinta, 11705 San Marcos Road, Atascadero, CA 93422 Project Title: PLN 2013-1471 / Conditional Use Permit 2013-0271 Project Location: 11705 San Marcos Road, Atascadero, CA 93422 APN 055-231-010 (San Luis Obispo County) Project Description: The application consists of a request for a Minor Conditional Use Permit to add 220 square feet to an existing 300 square foot detached conditioned studio. The proposed addition includes a bathroom and shower with exterior storage. General Plan Designation: Residential Estate (RE) Zoning: Residential Suburban (RS) Proposed Environmental Determination: Categorical Exemption 1: Existing Structures and Facilities. Staff Recommendation: Staff recommends approval of PLN 2013-1471 / CUP 2013-0271 for an oversized studio based on findings and conditions of approval. City of Atascadero Planning Commission Agenda Regular Meeting, September 3, 2013 Page 3 of 4 http://www.facebook.com/planningatascadero @atownplanning COMMISSIONER COMMENTS AND REPORTS DIRECTOR’S REPORT ADJOURNMENT The next regular meeting of the Planning Commission is scheduled for September 17, 2013, at City Hall, Council Chambers, 6500 Palma Avenue, Atascadero. 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, September 3, 2013 Page 4 of 4 http://www.facebook.com/planningatascadero @atownplanning 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 7:00 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. An agenda packet is also available for public review at the Atascadero Library, 6850 Morro Road. 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 (470 -3400). In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager’s Office or the City Clerk’s Office, both at (805) 470-3400. Notification at least 48 hours prior to the meeting or time when services are needed wil l assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. 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 Co mmission 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 470-3402 at least 24 hours prior to the meeting. Digital presentations brought to the meeting on a USB drive or CD is preferred. Access to hook up your laptop to the City's projector can also be provided. 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. PC Draft Action Minutes of 7/16/13 Page 1 of 4 CITY OF ATASCADERO PLANNING COMMISSION DRAFT ACTION MINUTES Regular Meeting – Tuesday, July 16, 2013 – 7:00 P.M. City Hall Council Chambers 6907 El Camino Real, Atascadero, California CALL TO ORDER - 7:00 p.m. Chairperson Bentz called the meeting to order at 7:00 p.m. and Commissioner Anderson led the Pledge of Allegiance. ROLL CALL Present: Commissioners Anderson, Colamarino, Dariz, Wolff, Vice Chairperson Schmidt, and Chairperson Bentz Absent: Commissioner Cooper (excused absence) Community Development Director Warren Frace Others Present: Recording Secretary Annette Manier Staff Present: Assistant Planner Alfredo Castillo APPROVAL OF AGENDA MOTION: By Commissioner Vice Chairperson Schmidt and seconded by Commissioner Anderson to approve the agenda. Motion passed 6:0 by a roll-call vote. PUBLIC COMMENT None ITEM NUMBER: 1 DATE: 9-3-13 PC Draft Action Minutes of 7/16/13 Page 2 of 4 Chairperson Bentz closed the Public Comment period. PLANNING COMMISSION BUSINESS None CONSENT CALENDAR 1. APPROVAL OF ACTION MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON JUNE 18, 2013. MOTION: By Commissioner Colamarino and seconded by Vice Chairperson Schmidt to approve the consent calendar. Motion passed 6:0 by a roll-call vote. COMMUNITY DEVELOPMENT STAFF REPORTS None PUBLIC HEARINGS 2. PLN 2013-1467 / CONDITIONAL USE PERMIT 2013-0269 , 3530 EL CAMINO REAL Property Owner: Alan Cohee, PO Box 2922, Paso Robles, CA 93447 Applicant: Howard Rittenhouse, PO Box 1446, Templeton, CA 93465 Project Title: PLN 2013-1467 / CUP 2013-0269 Project Location: 3530 El Camino Real, Atascadero, CA 93422 APN 049-213-003 (San Luis Obispo County) Project Description: The application consists of a request for a Conditional Use Permit for a tattoo establishment within a commercial retail (CR) zone. Tattoo establishments are considered a conditional use under the personal services-restricted definition within the CR zone. General Plan Designation: General Commercial (GC) Zoning: Commercial Retail (CR) Proposed Environmental Determination: CEQA Class 1 – Existing Facilities Exemption. This exemption is utilized for existing facilities. Staff Recommendation: Staff recommends approval of PLN 2013-1467 / CUP 2013-0269 to establish a personal service-restricted tattoo business within the Commercial Retail (CR) zone. PC Draft Action Minutes of 7/16/13 Page 3 of 4 DISCLOSURE OF EX PARTE COMMUNICATIONS: None Assistant Planner Castillo gave the staff report, explained that the applicant has applied for a tenant improvement permit. Mr. Castillo answered questions from the Commission. The following person spoke during public comment: Howard Robbie Rittenhouse, applicant, who gave a presentation on his project. Chairperson Bentz closed the Public Comment period. MOTION: By Vice Chairperson Schmidt and seconded by Commissioner Dariz to approve PC Resolution 2013-0021 recommending the approval of PLN 2013-1467/CUP 2013-0269 to allow a personal services (tattoo shop) in the Commercial Retail Zone at 3530 El Camino Real in the Commercial Retail Zone, subject to Conditions of Approval. Motion passed 6:0 by a roll-call vote. COMMISSIONER COMMENTS AND REPORTS Vice Chairperson Schmidt talked about the update to the Stormwater Plan that was discussed at City Council. Vice Chairperson Schmidt said there is tape left on the street when companies are doing traffic studies. Assistant Planner Castillo said he would ask Public Works staff to follow-up on this. DIRECTORS REPORT  Assistant Planner Castillo gave an update on the Hoff Property, and the Housing Element/Echo-site specific homeless shelter which is scheduled for the City Council meeting on August 13, 2013.  Assistant Planner gave an update on the Walmart lawsuit, Marriott Hotel, West Front Village, and Millhollin Mine.  Assistant Planner Castillo announced that the August 6th Planning Commission meeting may be cancelled, and that the August 20th Planning Commission meeting will be cancelled. Beginning in September, the Planning Commission will be meeting at their new location, Historic City Hall, 6500 Palma Avenue. PC Draft Action Minutes of 7/16/13 Page 4 of 4 ADJOURNMENT - 7:16 p.m. The next regular meeting of the Planning Commission is scheduled for August 6, 2013, at 7:00 p.m. at City Hall, Council Chambers, 6907 El Camino Real, Atascadero. MINUTES PREPARD BY: _____________________________ Annette Manier, Recording Secretary ITEM NUMBER: 2 DATE: 9-3-13 Atascadero Planning Commission Staff Report – Community Development Department Nicholas J. Wong, Planning Intern, 470-3446, nwong@atascadero.org Alfredo R. Castillo, Assistant Planner, 470-3436 acastillo@atascadero.org PLN 2013-1471 Minor Conditional Use Permit 2013-0271 Residential Additional Structure 11705 San Marcos Road (IAQUINTA) RECOMMENDATION: Staff Recommends: Adopt PC Resolution 2013-0022 to approve a conditioned studio totaling 520 square feet at 11705 San Marcos Road based on the findings that the project is consistent with the City’s General Plan and conditions of approval. SITUATION AND FACTS: 1. Owner: Eugene J & Carol Iaquinta, 11705 San Marcos Road, Atascadero, CA 93422 2. Project Address: 11705 San Marcos Road, Atascadero, CA 93422 APN 055-231-010 3. General Plan Designation: Residential Estate (RE) 4. Zoning District: Residential Suburban (RS) 5. Site Area: 3.6 acres 6. Existing Use: Single-Family Residence 7. Environmental Status: Proposed Class 1 Categorical Exemption for a proposed addition to an existing structure that does not result in an increase of 2,500 square feet total for the entire structure. ITEM NUMBER: 2 DATE: 9-3-13 Aerial of Proposed Project Location DISCUSSION: Background: The subject property is 3.6 acres with an existing 2,824 square foot (sf) single-family residence (SFR) was constructed in March of 2002 and 300 square foot “game room” was also permitted. At that time, the City did not have any standards for studios. ANALYSIS: Surrounding Land Use and Setting: North: Residential Suburban (RS) South: Residential Suburban (RS) East: Residential Suburban (RS) West: Residential Suburban (RS) 11705 San Marcos ITEM NUMBER: 2 DATE: 9-3-13 The applicant is seeking a Conditional Use Permit (CUP) to permit a 220 sf residential addition to an existing 300 sf conditioned attached studio to create a 520 sf conditioned studio. The CUP allows construction of the accessory structure as long as the studio is compliant with City standards. The 520 sf studio would deviate from the City standards, however, Atascadero Municipal Code (AMC) Section 9-5.020 (k) allows for any deviation of the standards with the approval of the Planning Commission through a CUP. AMC Section 9-5.020.(f) allows for the construction of a residential additional studio with no kitchens, no overnight stays, cooking facilities and/or no bathroom facilities. Studios are limited to 450 sf. Deed restrictions are required for any proposed studio with a water closet limiting the use of the studio. A deed restriction is required to be signed and recorded as a part of the proposed project’s approval (condition 6). AMC Section 9-5.020.(h) requires logical internal connection of conditioned space that provides for access to all portions of the primary unit and addition. Municipal Code Section 9-5.020 Definitions: (f) Office/Art Studios. Studios are defined as any type of residential occupancy construction (R) with no kitchens, no overnight stays, cooking facilities and/or no bathing facilities (one (1) water closet is permitted). Studios shall be limited to four hundred fifty (450) square feet. Studios greater than four hundred fifty (450) square feet shall be considered second units. Deed restrictions shall be required for any proposed studio with a water closet limiting the use of the studio. (h) Residential Additions. Residential additions (additions) are defined as an increase of habitable floor area to a primary residential unit. Additions shall have a continuous, logical internal connection of conditioned space that provides for access to all portions of the primary unit and addition. Doors may not be used to create two (2) separate living spaces. The addition shall not have a secondary kitchen; however, a wet bar is permissible as defined by Section 9-5.020(j). Additions must have a minimum ten (10) feet of shared common wall. A breezeway or similar roof connection of unenclosed or unconditioned space, regardless of length, shall not be considered a residential addition. k) Any deviations from the above standards may be approved by the Planning Commission through the issuance of a Conditional Use Permit. (Ord. 552 § 2, 2010; Ord. 454 § 3, 2004) ITEM NUMBER: 2 DATE: 9-3-13 Proposed Floor Plan of Residential Addition to the Studio Proposed 220 s.f. addition Existing 300 s.f. attached studio Keep door ITEM NUMBER: 2 DATE: 9-3-13 FINDINGS: The Planning Commission must make the following findings in order to approve a CUP for the proposed oversized accessory structure, consistent with AMC Section 9- 2.110(3)(iv). If the Commission chooses to deny the project, the Commission must make specific findings for denial. 1. The proposed project or use is consistent with the General Plan. Staff Comment: The proposed project and use is consistent with the Atascadero General Plan. The residential addition is within a residentially designated area. 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance). Staff Comment The City’s Zoning Ordinance AMC Section 9-5.020(h) specifies that additions shall have a continuous, logical internal connection of conditioned space that provides for access to all portions of the primary unit and addition. The proposed residential addition shall provide one water closet, however no kitchen, no overnight stay, no cooking facilities and/or bathing facilities. Based on these items, the proposed project needs to provide internal access by keeping the door leading to the garage as its logical internal connection to the primary unit. 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. Staff Comment The proposed studio structure will not 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 or the immediate neighborhood or contrary to its orderly development. Staff Comment The proposed structure uses similar materials such as wood framing and siding and is consistent with the architectural design of the existing primary residence. The primary residence is consistent with its surrounding neighborhood context, and thus is consistent with the character of the immediate neighborhood and provides an orderly development. ITEM NUMBER: 2 DATE: 9-3-13 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. Staff Comment The proposed structure will not generate a volume of traffic beyond the safe capacity of the existing or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. 6. That the proposed project is in compliance with any pertinent city policy or criteria adopted by ordinance or resolution of the city council. Staff Comment The proposed structure would be in compliance with City Policies and ordinances with approval of the CUP. CONCLUSIONS: The proposed CUP will permit the construction of a 220 square foot addition to an existing 300 sf studio. AMC Section 9-5.020 (k) allows the exceptions to the City’s accessory structure with Planning Commission approval to ensure on-site and neighborhood compatibility. Based on staff’s analysis in the preceding sections, all of the required findings for approval of a CUP can be made. The project satisfies all applicable provisions of the Zoning Ordinance and City policies; the project is consistent with the neighborhood character and orderly development; and the proposed project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the proposed project. ALTERNATIVES: 1. The Commission may approve the project with additional or revised project conditions. 2. The Commission may deny the project if it is found that the required findings cannot be made. The Commission’s motion to deny must include a finding for denial. 3. The Commission may continue the hearing and refer the item back to staff for additional information or analysis. Direction should be given to staff and the applicant on required information. ITEM NUMBER: 2 DATE: 9-3-13 ATTACHMENTS: Attachment 1 – Location Map (General Plan & Zoning) Attachment 2 – Site Photos Attachment 3 – Draft Resolution PC 2013-0022 ITEM NUMBER: 2 DATE: 9-3-13 ATTACHMENT 1: Location Map (General Plan and Zoning) PLN 2013-1471 / CUP 2013-0271 11705 San Marcos Road Zoning: RS Land Use Designation: RE Project Site 11705 San Marcos Rd. ITEM NUMBER: 2 DATE: 9-3-13 ATTACHMENT 2: Site Photos PLN 2013-1471 / CUP 2013-0271 11705 San Marcos Road View of proposed structure facing north View of proposed structure facing south ITEM NUMBER: 2 DATE: 9-3-13 ATTACHMENT 3: Site Plan PLN 2013-1471 / CUP 2013-0271 11705 San Marcos Road 220 sf addition to studio ITEM NUMBER: 2 DATE: 9-3-13 ATTACHMENT 4: Draft Resolution PC 2013-0022 PLN 2013-1471 / CUP 2013-0271 11705 DRAFT RESOLUTION NO. PC 2013-0022 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING PLN 2013-1471 / CUP 2013-0271, A CONDITIONAL USE PERMIT FOR A 220 SQUARE-FOOT RESIDENTIAL ADDITION (IAQUINTA) WHEREAS, an application was received from Eugene J & Carol Ianquinta, 11705 San Marcos Road, Atascadero, CA 93422, (Owner) for a Minor Conditional Use Permit to allow a 220 addition to an existing 300 sf that is conditioned space and will include a bathroom, and WHEREAS, the proposed project has a General Plan Designation of Residential Suburban and is in conformance with the Land Use Element of the General Plan and all other applicable General Plan policies; and, WHEREAS, the site is located in the Residential Suburban zone (RS), which allows for the proposed use and density when certain findings are made; and, WHEREAS, the Planning Commission held a duly noticed public hearing to consider the proposed Minor Conditional Use Permit application on September 3, 2013 at 7:00 p.m. and considered testimony and reports from staff, the applicants, and the public. WHEREAS, the proposed project qualifies for an Categorical Exemption consistent with CEQA section 15301 Existing Structures with a proposed addition less than 2,500 square feet; and, NOW THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings for approval of a residential addition. The Planning Commission finds as follows: 1. The proposed project or use is consistent with the General Plan; and, 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance); and, 3. The establishment, and 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 ITEM NUMBER: 2 DATE: 9-3-13 neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and, 4. That the use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 5. That the proposed use 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. That the proposed project is in compliance with any pertinent city policy or criteria adopted by ordinance or resolution of the city council. SECTION 2. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on September 3, 2013, resolved to approve Conditional Use Permit 2013- 0271, subject to the following: EXHIBIT A: Categorical Exemption EXHIBIT B: Conditions of Approval EXHIBIT C: Floor Plan ITEM NUMBER: 2 DATE: 9-3-13 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 _________________________________________ David Bentz Planning Commission Chairperson ATTEST: ___________________________________ Warren Frace Planning Commission Secretary ITEM NUMBER: 2 DATE: 9-3-13 EXHIBIT A: Categorical Exemption PLN 2013-1471 / CUP 2013-0271 11705 San Marcos ITEM NUMBER: 2 DATE: 9-3-13 ITEM NUMBER: 2 DATE: 9-3-13 EXHIBIT B: Conditions of Approval PLN 2013-1471 / CUP 2013-0271 Conditions of Approval PLN 2013-1471 / CUP-2013-0271 Address: 11705 San Marcos Road Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Planning Department Standard Conditions 1. This Conditional Use Permit shall be for a 520 sf studio as described on the attached exhibits and located on parcel APN 055-231-010 (11705 San Marcos Rd) regardless of owner. Ongoing PS 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 prior to the time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. Ongoing PS 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 approved plan. The Planning Commission shall have the final authority to approve any other changes to the Conditional Use Permit. BP PS, CE 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. BP PS 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 the project. Ongoing PS, CA 6. Prior to issuance of a building permit for the 220 sf studio addition with conditioned space, a deed restriction shall be recorded limiting the use of the studio for no overnight occupancy consistent with CUP 2013- 0271. BP PS 7. Studio unit shall contain access to the existing garage to satisfy Atascadero Municipal Code 9-5.020 (h) FI PS ITEM NUMBER: 2 DATE: 9-3-13 EXHIBIT C: Floor Plan PLN 2013-1471 / CUP 2013-0271 Existing 300 square foot “game room” Proposed 220 square foot addition Keep door