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CITY OF ATASCADERO
PLANNING COMMISSION AGENDA
Regular Meeting
Tuesday, November 5, 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 David Bentz
Vice Chairperson Dennis Schmidt
Commissioner Duane Anderson
Commissioner Len Colamarino
Commissioner Christian Cooper
Commissioner Mark Dariz
Commissioner Jan 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 OCTOBER 15, 2013.
City of Atascadero Planning Commission Agenda Regular Meeting, November 5, 2013
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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 to 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 2013-1476 , CONDITIONAL USE PERMIT FOR 7600 PORTOLA ROAD
Property
Owner/Applicant:
James Cooley, 6407 Portola Road, Atascadero, CA 93422
Project Title: PLN 2013-1476 / CUP 2013-0273
Project Location: 7600 Portola Road, Atascadero, CA 93422
APN 031-321-002 (San Luis Obispo County)
Project
Description:
Proposed oversized detached accessory structure totaling 990 square feet (sf). A
Conditional Use Permit (CUP) is required for detached accessory structures that have a
gross floor area of more than 50% the size of the primary residence.
General Plan Designation: Single-Family Residential (SFR-Z)
Zoning: Residential Single Family (RSF-Z)
Proposed
Environmental
Determination:
Proposed Class 1 Categorical exemption for a proposed addition that does not result in
an increase of 2,500 square feet total for the entire structure.
Recommendation: Staff recommends that the Planning Commission adopt PC Resolution 2013-0027 to
approve an oversized accessory structure of approximately 990 square feet at 7600
Portola Road based on findings that the project is consistent with the General Plan.
City of Atascadero Planning Commission Agenda Regular Meeting, November 5, 2013
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COMMISSIONER COMMENTS AND REPORTS
DIRECTOR’S REPORT
ADJOURNMENT
The next regular meeting of the Planning Commission is scheduled for November 19, 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.
t:\~ planning commission\pc agendas\pc 2013\pc agenda. am.11-5-13.docx
City of Atascadero Planning Commission Agenda Regular Meeting, November 5, 2013
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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 will
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 Commission 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. 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 10/15/13
Page 1 of 7
CITY OF ATASCADERO
PLANNING COMMISSION
DRAFT ACTION MINUTES
Regular Meeting – Tuesday, October 15, 2013 – 7:00 P.M.
City Hall Council Chambers
6500 Palma Avenue, Atascadero, California
CALL TO ORDER - 7:00 p.m.
Chairperson Bentz called the meeting to order at 7:00 p.m. and Commissioner Schmidt
led the Pledge of Allegiance.
ROLL CALL
Present: Commissioners Anderson, Colamarino, Cooper, Dariz, Wolff, Vice
Chairperson Schmidt, and Chairperson Bentz
Absent: None
Others Present: Recording Secretary Annette Manier
Staff Present: Community Development Director Warren Frace
Deputy Director of Public Works, David Athey
Senior Planner Callie Taylor
Assistant Planner Alfredo Castillo
APPROVAL OF AGENDA
MOTION: By Commissioner Dariz and seconded by Commissioner
Colamarino to approve the agenda.
Motion passed 7:0 by a roll-call vote.
PUBLIC COMMENT
None
Chairperson Bentz closed the Public Comment period.
ITEM NUMBER: 1
DATE: 11-5-13
PC Draft Action Minutes of 10/15/13
Page 2 of 7
PLANNING COMMISSION BUSINESS
None
CONSENT CALENDAR
1. APPROVAL OF ACTION MINUTES OF THE REGULAR PLANNING
COMMISSION MEETING ON SEPTEMBER 17, 2013.
MOTION: By Commissioner Dariz and seconded by Vice
Chairperson Schmidt to approve the consent
calendar.
Motion passed 7:0 by a roll-call vote.
COMMUNITY DEVELOPMENT STAFF REPORTS
2. PLN 2013-1481 TREE REMOVAL PERMIT FOR 7040 NAVAJOA AVE.
Property
Owner/Applicant:
Sharon Turner, 7040 Navajoa Ave., Atascadero, CA 93422
Certified Arborist: Greenvale Tree Company, PO Box 13234, San Luis Obispo, CA 93406
Project Title: PLN 2013-1481/TRP 2013-0165 Tree Removal
Project Location: 7040 Navajoa Avenue, Atascadero, CA 93422
APN 031-043-011 (San Luis Obispo County)
Project Description
A request to remove a California Black Walnut tree with a DBH of 40-inches in
the residential multi-family zone (RMF-10). The tree has been determined to be
hazardous due to the lifting of the street creating drainage issues along
Navajoa Avenue.
Staff
Recommendation:
Staff recommends Planning Commission adopt Resolution PC 2013-0027,
approving the removal of one (1) hazardous California Black Walnut tree
subject to conditions of approval and mitigation.
Assistant Planner Castillo gave the staff report, and answered questions from the
Commission.
PC Draft Action Minutes of 10/15/13
Page 3 of 7
PUBLIC COMMENT
The following person spoke during public comment: Sharon Turner. Ms. Turner
answered questions from the Commission and had specific requests regarding her
replantings. Staff will work with Ms. Turner on the replantings.
Chairperson Bentz closed the Public Comment period.
MOTION: By Commissioner Anderson and seconded by
Commissioner Wolff to approve PC Resolution
PLN 2013-1481/TRP 2013-0165 to allow the
removal of one (1) hazardous California black
walnut tree totaling 40-inches dbh located at 7040
Navajoa Avenue, subject to Conditions of
Approval and Mitigation Monitoring.
Motion passed 7:0 by a roll-call vote.
3. PLN 2010-1361 / CITY OF ATASCADERO CLIMATE ACTION PLAN
PLANNING COMMISSION REVIEW OF DRAFT PLAN
Applicant: City of Atascadero, 6500 Palma Avenue, Atascadero, CA 93422
Project organized by San Luis Obispo Air Pollution Control District (SLOAPCD)
Project Title: PLN 2010-1361, City of Atascadero Climate Action Plan
Project Location: Citywide
Project
Description:
The City Council has designated the Planning Commission to act as the “Steering
Committee” for the San Luis Obispo County Air Pollution Control District’s (APCD)
Countywide Climate Action Planning project. The purpose of a Climate Action Plan is to
reduce greenhouse gas emissions within the City of Atascadero.
Atascadero’s Draft Climate Action Plan has been developed by the APCD’s project
consultant and will be available for public review at the Atascadero City Hall or at
www.atascadero.org beginning October 11, 2013. The Draft CAP incorporates the
Greenhouse Gas Reduction measures which were reviewed by the Planning
Commission and the City Council earlier this year.
Staff
Recommendation:
At this meeting, staff recommends the Planning Commission review the Draft Climate
Action Plan (CAP) and provide staff with comments or changes to be incorporated into
the Final Draft CAP.
At a later date, the Final Draft CAP with any requested changes will be brought back to
Planning Commission to make a recommendation to the City Council to be considered as
part of the adoption process.
PC Draft Action Minutes of 10/15/13
Page 4 of 7
Senior Planner Taylor explained the history of the project and gave the staff report.
Senior Planner Taylor, Director Frace, and Deputy Director Athey answered questions
from the Commission. There will be a CEQA public review and comment period for
30-days; at which time, staff will bring the Final Draft back to Planning Commission to
make a final recommendation to City Council for adoption.
PUBLIC COMMENT
None
Chairperson Bentz closed the Public Comment period.
MOTION: By Chairperson Bentz and seconded by
Commissioner Wolff that the Planning
Commission recommend the Draft Climate Action
(CAP) be forwarded to City Council for approval.
Motion passed 7:0 by a roll-call vote.
4. PLN 2010-1382 SLOCOG’s NORTH COUNTY SALINAS RIVER TRAIL MASTER PLAN
Applicant: SLOCOG, 1114 Marsh Street, San Luis Obispo, CA 93401
Project Title: PLN 2010-1382, SLOCOG’s North County Salinas River Trail Master Plan
Project Location: Salinas River & Anza Trail corridor
Project
Description:
SLOCOG recently released the Draft North County Salinas River Trail Master Plan for
public review. The Plan defines feasible short-term and desirable long-term multi-use trail
alignments and improvements for the historic Anza trail through the Salinas River
corridor. The Trail Master Plan will serve as a guide for future connection of a 35-mile
segment through a trail corridor from Santa Margarita to San Miguel through Northern
San Luis Obispo County.
SLOCOG has requested that the jurisdictions in North County review the proposed plan
and provide a letter of support or comments to SLOCOG. The City is not required to
adopt the Plan as it is SLOCOG’s document; although the City may consider
incorporating the Trail Master Plan into the City’s Bike Plan and General Plan in the
future for implementation purposes.
Staff
Recommendation:
Staff recommends the Planning Commission review SLOCOG’s Draft North County
Salinas River Trail Master Plan, and provide comments and a recommendation to City
Council.
The Atascadero City Council will be reviewing the Draft Trail Master Plan on October 22,
2013, and will be issuing comments to SLOCOG. The SLOCOG Board will be
considering adoption of the Trail Master Plan at their December 4, 2013 Board Meeting.
PC Draft Action Minutes of 10/15/13
Page 5 of 7
Senior Planner Taylor gave the staff report and stated that SLOCOG’s Board is
scheduled to adopt this plan at their December 4, 2013 Board Meeting. All written
comments should be submitted to SLOCOG. Senior Planner Taylor, Director Frace and
Deputy Director Athey answered questions from the Commission.
PUBLIC COMMENT
None
Chairperson Bentz closed the Public Comment period.
MOTION: By Commissioner Colamarino and seconded by
Vice Chairperson Schmidt that the Planning
Commission recommend the City Council issue a
letter of support for the plan to SLOCOG and
attach a comment emphasizing a strong interest
on the part of the City of Atascadero and its
residents in expediting as much as possible, the
construction of a link between North Atascadero
and Templeton. The Planning Commission
recommends approval of the plan to the City
Council.
Motion passed 7:0 by a roll-call vote.
PUBLIC HEARINGS
5. PLN 2013-1462, TITLE 9 ZONING ORDINANCE AMENDMENTS
Applicant: City of Atascadero, 6500 Palma Avenue, Atascadero, CA 93422
Project Title: Title 9 Zoning Ordinance Amendments – 2013 Strategic Planning Action Items
Project Location: Citywide
Project
Description:
This action consists of proposed Zoning Ordinance Text Amendments to Title 9 Planning
and Zoning Code to the following sections:
Allow multi-family residential uses in the CP/CR zone as conditionally allowed
uses;
Amend Section 9-4.105 front setback standards to allow exceptions with DRC
approval;
Amend Section 9-4.128 fencing and screening to allow fence height exceptions
with DRC approval and allow fences up to four (4) feet in height within the front
setback of parcels less than one (1) acre in size.
Amend Section 9-4.139 through 9-4.154 Grading and Drainage Standards for
PC Draft Action Minutes of 10/15/13
Page 6 of 7
DISCLOSURE OF EX PARTE COMMUNICATIONS:
None
Assistant Planner Castillo and Deputy Director Athey gave the staff report, and
answered question from the Commission.
Deputy Director Athey added to the staff report in regards to 2. Revised Frontage
Improvement Requirements; staff proposes to remove Item #(8) ,On streets and roads
determined to be a “Safe Route to School” by the City Engineer” on Page 205.
Vice Chairperson Schmidt explained his reasons for wanting to modify 9-4.106 Front
setbacks (iii) on Page 202 of the Staff Report.
PUBLIC COMMENT
None
Chairperson Bentz closed the Public Comment period.
MOTION: By Vice Chairperson Schmidt and seconded by
Commissioner Colamarino to approve PC
Resolution 2013-0026, recommending that the
City Council amend the Atascadero Municipal
Code by approving PLN 2013-1462/ZCH 2013-0168
Title 9 Zoning Ordinance Code Text Amendments
with the following changes:
consistency with State Post Construction Storm Water regulations;
Amend Section 9-4.160 Streets, to allow frontage improvement exceptions for
certain residential projects and clarification of improvements;
Amend Section 9-6.103 to allow for cargo containers as accessory structures
with issuance of a building permit;
Amend Section 9-11.105, exempting emergency septic system repairs from the
Native Tree Ordinance.
General Plan Designation: N/A
Zoning: N/A
Proposed
Environmental
Determination:
Exempt from CEQA (Section 15061.(3) No possibility that the proposed activity will have
a significant effect to the environment – therefore, not subject to CEQA.
Recommendation: Staff recommends that the Planning Commission adopt Resolution PC 2013-0026,
recommending that the City Council introduce an ordinance for first reading, by title only,
to approve PLN 2013-1462 (Zone Text Change ZCH 2013-0168) based on findings.
PC Draft Action Minutes of 10/15/13
Page 7 of 7
Section 9-4.159, Eliminate Item #8, On streets and
roads determined to be a “Safe Route to School”
by the City Engineer, on Page 205 of the Staff
Report.
Section 9-4.106, Front Setbacks. Add (iii) “Does
not Impede Sight Distance,” on Page 204 of the
Staff Report.
Motion passed 7:0 by a roll-call vote.
COMMISSIONER COMMENTS AND REPORTS
The Commission will take a picture after the meeting adjourns.
DIRECTORS REPORT
Director Frace announced that there is a 5th Tuesday this month, so the
Commission will have a two-week break, with the next meeting falling on
November 5, 2013.
Director Frace asked the Commission to clear their calendars for the tour to be
held on Nov. 14, 2013 from 1 p.m. – 5 p.m.
Director Frace said the zoning changes will be combined with the Building Code
updates, and will go to City Council on November 12, 2013 for approval.
Director Frace gave an update on 3-F Meadows, Eagle Ranch, Las Lomas, and
the ALPS trail project.
ADJOURNMENT – 9:12 p.m.
The next regular meeting of the Planning Commission is scheduled for November 5,
2013, at 7:00 p.m. at City Hall, Council Chambers, 6500 Palma Avenue, Atascadero.
MINUTES PREPARD BY:
_____________________________
Annette Manier, Recording Secretary
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Proposed Front Elevation Facing Portola Road
Analysis:
The applicant is seeking a Conditional Use Permit (CUP) to construct a 992 square foot
detached garage/workshop. Atascadero Municipal Code (AMC) Section 9-6.106 limits
the size of a detached accessory structure to less than 50% of the primary residence.
The Municipal Code allows detached accessory structures to be larger than 50%
through approval of a CUP.
Municipal Code Section 9-6.106 Residential Accessory Structures:
(b) Detached Accessory Structures. Any detached accessory structure
intended for residential accessory uses and accessory storage:
(2) Floor Area. The gross floor area of a detached accessory structure is not
to exceed fifty percent (50%) of the gross floor area of the principal structure.
(d) Exceptions to Accessory Structure Standards.
(1) Detached accessory structures that exceed size requirements are subject
to the approval of a minor conditional use permit.
The existing residence is approximately 1,150 sf. The Municipal Code Section 9-6.106
limits the size of a detached accessory structure to 575 sf (50% of the residence)
without approval of a CUP. The proposed accessory structure exceeds the allowed size
by 404 sf.
The proposed accessory structure is setback 30 feet from edge of right-of-way off
Portola Road and visible from the street. This is outside the required front setback. The
proposed accessory structures contains elements of high architectural grade, including
hardy plank siding and window trims that gives the appearance of a single family home
located close to the front setback. Because the structure is visible from the road, staff is
recommending the installation of drought tolerant landscaping and a minimum of two (2)
5-gallon trees for neighborhood character enhancement consistent with required
findings.
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DATE: 11-5-13
Floor Plan
ITEM NUMBER: 2
DATE: 11-5-13
Findings:
The Planning Commission must make the following findings in order to approve a CUP
for the proposed oversized accessory structure, consistent with Atascadero Municipal
Code 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 oversized accessory structure is within a residentially designated area which
allows for accessory structures in conjunction with a residence.
2. The proposed project or use satisfies all applicable provisions of the Title (Zoning
Ordinance).
Staff Comment
The City’s Zoning Ordinance allows for an exception to the 50% size limitation
rule for accessory structures, provided that property owners obtain a minor
conditional use permit. The existing accessory structure currently meets all
exterior and interior setbacks and will be required to obtain a building permit for
all unpermitted work. Based on these items, the proposed project satisfies all
applicable provisions of the zoning ordinance.
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 oversized accessory 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 oversized accessory structure shall use similar materials such as
wood framing and siding and is consistent with the architectural design of the
existing primary residence. The front elevation of the detached structure and
windows will be of architectural grade to keep consistent with neighborhood
context. The primary residence is also consistent with its surrounding
ITEM NUMBER: 2
DATE: 11-5-13
neighborhood context, and thus is consistent with the character of the immediate
neighborhood and provides an orderly development. Staff is also recommending
installation of drought tolerant landscaping and a minimum of two (2) 5-gallon
trees for neighborhood character enhancement.
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 oversized accessory 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 oversized accessory structure would be in compliance with City
Policies and ordinances with approval of the CUP.
CONCLUSIONS:
The proposed CUP will allow the construction of a 992 square foot accessory structure
that exceeds the 50% of the size of the primary residence. Code Section 9-6.106 allows
the construction of an oversized 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.
ITEM NUMBER: 2
DATE: 11-5-13
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.
ATTACHMENTS:
Attachment 1 – Location Map (General Plan & Zoning)
Attachment 2 – Proposed Site Plan
Attachment 3 – Letter of Approval from Neighbor
Attachment 4 _ Draft Resolution PC 2013-0027
ATTACHM
Zoning
Land U
MENT 1:
g: RSF-Y
Use Designat
Locatio
PLN 20
7600 Po
tion: SFR-Y
on Map (Gener
13-1476 / CUP
ortola Rd
ral Plan and Z
P 2013-0273
Zoning)
ITEM NUMB
DATE:
Project Sit
7600 Porto
ER: 2
11-5
te
ola
2
5-13
ITEM NUMBER: 2
DATE: 11-5-13
ATTACHMENT 2: Proposed Site Plan
PLN 2013-1476 / CUP 2013-0273
7600 Portola Rd
ITEM NUMBER: 2
DATE: 11-5-13
ATTACHMENT 3: Letter of Approval- Neighbor
Irene McDaniel and Jeff Spiller
ITEM NUMBER: 2
DATE: 11-5-13
ATTACHMENT 4: Draft Resolution PC 2013-0027
PLN 2013-1476 / CUP 2013-0273
DRAFT RESOLUTION NO. PC 2013-0027
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ATASCADERO APPROVING
PLN 2013-1476 / CUP 2013-0273,
A CONDITIONAL USE PERMIT FOR A 992 SQUARE-FOOT
OVERSIZED ACCESSORY STRUCTURE THAT EXCEEDS 50 PERCENT
OF THE SIZE OF THE PRIMARY RESIDENCE
(COOLEY)
WHEREAS, an application was received from James and Patricia Cooley, 6407 Portola
Rd, Atascadero, CA 93422, (Owner) for a Minor Conditional Use Permit to allow a 992 square-
foot accessory structure; and,
WHEREAS, the proposed project has a General Plan Designation of Single Family
Residential (SFR-Y) 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 Single Family zone (RSF-Y), which
allows for the proposed use and density when certain findings are made; and,
WHEREAS, a Conditional Use Permit is required to allow an accessory structure larger
than 50% of the primary structure’s square-footage; and,
WHEREAS, the proposed project qualifies for an Categorical Exemption consistent with
CEQA section 15301 Existing Structures with a proposed addition less than 2,500 sf; and,
WHEREAS, the Planning Commission held a duly noticed public hearing to consider the
proposed Minor Conditional Use Permit application on November 5th 2013 at 7:00 p.m. and
considered testimony and reports from staff, the applicants, and the public.
NOW THEREFORE, the Planning Commission of the City of Atascadero takes the
following actions:
SECTION 1. Findings of Environmental Exemption. The Planning Commission finds
as follows:
1. The proposed project is Categorically Exempt under Class 1, Section 15301 of the
California Environmental Quality Act.
ITEM NUMBER: 2
DATE: 11-5-13
SECTION 2. Findings for approval of oversized accessory structure. 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
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 3. Approval. The Planning Commission of the City of Atascadero, in a regular
session assembled on November 5th 2013, resolved to approve Conditional Use Permit 2013-
0273, subject to the following:
EXHIBIT A: Categorical Exemption
EXHIBIT B: Conditions of Approval
EXHIBIT C: Site Plan
EXHIBIT D: Elevations
ITEM NUMBER: 2
DATE: 11-5-13
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
_________________________________________
Planning Commission Chairperson
ATTEST:
___________________________________
Warren Frace
Planning Commission Secretary
ITEM NUMBER: 2
DATE: 11-5-13
EXHIBIT A: Categorical Exemption
PLN 2013-1476 / CUP 2013-0273
7600 Portola Rd
ITEM NUMBER: 2
DATE: 11-5-13
ITEM NUMBER: 2
DATE: 11-5-13
EXHIBIT B: Conditions of Approval
PLN 2013-1476 / CUP 2013-0273
Conditions of Approval
PLN 2013-1476 / CUP 2013-0273
Address: 7600 Portola 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 detached 992 square foot
garage as described on the attached exhibits and located on parcel
APN 031-321-002 (7600 Portola 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. The applicant shall plant install drought tolerant landscaping and two
(2) five-gallon trees for neighborhood character enhancement.
BP PS
7. Architectural Elevations shall be consistent with Exhibit D. The use of
hardy plank siding, window trims and other architectural grade quality
elements shall be used. Building color shall be consistent with existing
single family home or an earth tone color.
BP PS
Pri
Re
EXHIBIT C
imary
esidential Un
C: Site Pl
PLN 20
992 squ
detache
nit
lan
013-1476 / CU
uare foot
ed structure
UP 2013-0273
e
ITEM NUMB
DATE:
ER: 2
11-5
2
5-13
ITEM NUMBER: 2
DATE: 11-5-13
EXHIBIT D: Elevations
PLN 2013-1476 / CUP 2013-0273
Front Elevation to contain windows and architectural grade trim as
shown.
Color to be consistent with existing single-family residence or earth tone