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HomeMy WebLinkAboutPC_2011-04-19_AgendaPacketCITY OF ATASCADERO PLANNING COMMISSION A GENDA Regular Meeting Tuesday, April 19, 2011 — 7:00 P.M. City Hall Council Chambers 6907 El Camino Real Atascadero, California CALL TO ORDER Pledge of Allegiance Roll Call: Chairperson Bentz Vice Chairperson Ward Commissioner Colamarino Commissioner Cooper Commissioner Dariz Commissioner Schmidt Commissioner Wingett 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 and address 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 APRIL 5, 2011. ©FFacebnd LIS °ook whttP://ww.facebook.com/pages/City-of-Atascadero-Planninci/175544509158142 aceb City of Atascadero Planning Commission Agenda COMMUNITY DEVELOPMENT STAFF REPORTS Regular Meeting, April 19, 2011 Page 2 of 5 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 and address 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 2011-1397, TREE REMOVAL PERMIT FOR 8955 MONTECITO AVE. Property Owner 1 French Camp LLC c/o Dale Heinze, 188 Frank West Cir#A, Stockton, CA Applicant: 95206-4010 Art Guzman, 8955 Montecito Ave., Atascadero, CA 93422 Certified Arborist: Bunyon Bros. Tree Service, 5345 Davenport Creek Road, San Luis Obispo, CA 93401 Project Title: PLN 2011-1397 / TRP 2011-0148 Project 8955 Montecito Ave., Atascadero, CA 93422 Location: APN 056-081-013 (San Luis Obispo County) Project The applicant has requested removal of one large multi -trunk quercus agriforlia Description (coast live oak) totaling 125 -inches DBH. The tree has been evaluated by a Certified Arborist. The Arborist has determined that the tree has had several large limb failures in the past and the overall health of the tree is poor. The Arborist is recommending removal because the tree poses a threat to people, structures, and vehicles parked nearby. General Plan Designation: General Commercial (GC) Zoning District: Commercial Tourist (CT) rind us on Faceon http://www.facebook.com/pages/City-of-Atascadero-Planning/175544509158142 ©ace City of Atascadero Planning Commission Agenda PUBLIC HEARINGS Regular Meeting, April 19, 2011 Page 3 of 5 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 and address 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).) 3. PLN 2006-1144, CONDITIONAL USE PERMIT FOR 9205 SAN MARCOS ROAD Property James D. Russell, 9205 San Marcos Road, Atascadero, CA 93422 OwnerlApplicant: Project Title: PLN 2006-1144 / CUP 2006-0190 Project Location: 9205 San Marcos Road, Atascadero, CA 93422 San Luis Obispo County (APN 054-132-038) Project The project consists of a request to allow an oversized accessory structure. The Description: detached garage/shop is proposed as a two story, 1,522 sq. ft. structure, which exceeds 50% of the size of the main house. The first floor is 915 sq. ft. with a half bath, and the second floor is 607 sq. ft. The accessory structure is proposed towards the back of the property, off a separate 12 foot paved driveway which will provide fire truck access to the building. The exterior is proposed as stucco painted to match the primary residence. Permits are being sought for the proposed structure in order to clear the existing code enforcement case on the property. A stop work order was posted by the City building inspector for construction on the proposed structure without a permit. The property owner has since applied for building permits and a CUP to permit the unfinished structure and clear the existing code enforcement case. General Plan Designation: Rural Estate (RE) Zoning District: Residential Suburban (RS) Class 3 Categorical Exemption (Section 15303) which exempts the construction of Proposed accessory structures, including garages. Environmental Determination: rind us on Faceon http://www.facebook.com/pages/City-of-Atascadero-Planning/175544509158142 ©ace City of Atascadero Planning Commission Agenda Regular Meeting, April 19, 2011 Page 4 of 5 COMMISSIONER COMMENTS AND REPORTS ADJOURNMENT The next regular meeting of the Planning Commission is scheduled for May 3, 2011, at City Hall, Council Chambers, 6907 El Camino Real, 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. ®a °° Fcebook htto://www.facebook.com/pages/City-of-Atascadero-Planning/175544509158142 ace City of Atascadero Planning Commission Agenda Regular Meeting, April 19, 2011 Page 5 of 5 City of Atascadero WELCOME TO THE ATASCA DERO 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, 6907 EI Camino Real, 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, 6907 EI Camino Real, 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 video-taped and 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 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. rind us on Faceon http://www.facebook.com/pages/City-of-Atascadero-Planning/175544509158142 ©ace ITEM NUMBER: 1 DATE: 4-19-11 CI TY OF A TA SCA DERO PLANNING COMMISSION DRAFT ACTION MINUTES Regular Meeting — Tuesday, April 5, 2011 — 7:00 P.M. City Hall Council Chambers 6907 EI 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 Ward led the Pledge of Allegiance. ROLL CALL Present: Chairperson Bentz, Vice Chairperson Ward, Commissioners Colamarino, Cooper, Dariz, Schmidt, and Wingett Absent: None Others Present: Recording Secretary Annette Manier Staff Present: Community Development Director Warren Frace, and Associate Planner Callie Taylor APPROVAL OF AGENDA MOTION: By Vice Chairperson Ward and seconded by Commissioner Colamarino to approve the agenda. Motion passed 7:0 by a roll -call vote. PUBLIC COMMENT None PC Draft Action Minutes of 4/5/11 Page 1 of 4 PLANNING COMMISSION BUSINESS None CONSENT CALENDAR 1. APPROVAL OF ACTION MINUTES OF THE PLANNING COMMISSION MEETING ON MARCH 15, 2011. Chairperson Bentz requested one change to the minutes of March 15, 2011 on page 1 under "Others Present" to change the word "None" to "Annette Manier, Recording Secretary." MOTION: By Commissioner Colamarino and seconded by Commissioner Schmidt to approve the Consent Calendar. Motion passed 6:0 by a roll -call vote. (Cooper abstained) COMMUNITY DEVELOPMENT STAFF REPORTS 2. PLN 2011-1396, TREE REMOVAL PERMIT FOR REGIO PLACE (OAK GROVE) Property Owner / Oak Grove HOA c/o Aurora Property Services, PO Box 1227, San Luis Applicant: Obispo, CA 93406 Certified Arborist: Greenvale Tree Company, PO Box 13234, San Luis Obispo, CA 93406 Project Title: PLN 2011-1396 / Tree Removal Permit 2010-0147 Project Regio Place, Atascadero, CA 93422 Location: Tree located in planter area in first traffic circle (San Luis Obispo County) Project The applicant has requested the removal of one 44'/2 inch DBH Live Oak Description tree located in the center planter in the first traffic circle on Regio Place. The tree has been evaluated by a Certified Arborist and it has been determined that the tree is in severe decline, with large dead limbs, rot, lesions, fungal growth, and borer activity present. Due to the location of the tree in a high traffic area, the potential failure of limbs creates a hazardous situation. The tree is proposed for removal with mitigation for replanting native trees on site. General Plan Designation: Right of Way / SFR -X Zoning District: Right of Way / RSF-X with PD -17 overlay PC Draft Action Minutes of 4/5/11 Page 2 of 4 DISCLOSURE OF EX PARTE COMMUNICATIONS: • Vice Chairperson Ward drove by the site, but spoke with no one. • Commissioner Wingett drove by the site, but spoke with no one. • Commissioner Schmidt drove by the site, but spoke with no one. Associate Planner Callie Taylor gave the staff report. Ms. Taylor and Director Frace answered questions from the Commission. PUBLIC COMMENT The following people spoke during public comment: Kristen Buttery and Chris Stier. Ms. Buttery and Mr. Stier answered questions from the Commission. Chairperson Bentz closed the Public Comment period. MOTION: By Commissioner Colamarino and seconded by Commissioner Dariz to approve PC Resolution 2011-0003 for PLN 2006- 1396/TRP 2011-0147 to allow the removal of one (1) hazardous Live Oak totaling 441/2 inches DBH located at/in the traffic circle on Regio Place subject to findings and conditions of approval. Motion passed 7:0 by a roll -call vote. PUBLIC HEARINGS None COMMISSIONER COMMENTS AND REPORTS Commissioner Schmidt discussed his parking concerns with the opening of the Galaxy Theatres. Commissioners Dariz, Colamarino, Ward and Wingett also talked about the parking. Director Frace addressed their questions. Chairperson Bentz thanked staff for doing business with Urban Futures and said they were a great company to do business with. PC Draft Action Minutes of 4/5/11 Page 3 of 4 DIRECTOR'S REPORT • Director Frace announced that the next Planning Commission meeting will be held on April 19, 2011, and discussed the upcoming agenda items. • Director Frace gave an update on the Study Session for the Affordable Housing Program which was held on March 29, 2011. • Director Frace gave an update on the Walmart EIR and said the next official stop will be when it comes before the Planning Commission. • Director Frace gave an update on the Eagle Ranch project and stated it will go to the Design Review Committee at the end of the month. ADJOURNMENT - 7:50 p.m. The next regular meeting of the Planning Commission is scheduled for April 19, 2011, at City Hall, Council Chambers, 6907 EI Camino Real, Atascadero. MINUTES PREPARD BY: Annette Manier, Recording Secretary \\cityhall\cdvlpmnt\— pc minutes\pc minutes 11\pc actn minutes 4 5 11.am.doc PC Draft Action Minutes of 4/5/11 Page 4 of 4 ITEM NUMBER: 2 DATE: 4-19-11 Atascadero Planning Commission Staff Report — Community Development Department Alfredo R. Castillo, AICP, Assistant Planner, 470-3436, acastillo@atascadero.org PLN 2011-1397 Hazardous Tree Removal Permit 2011-0148 Montecito Avenue Chevron, 8955 Montecito Ave. (French Camp LLC / Guzman) SUBJECT: The proposed project includes a request to remove one (1) multi -trunk 125 -inch DBH Coast Live Oak, located at the Chevron driveway along Montecito Avenue. The tree has significant decay and has had previous limb failures, creating a potential hazard in a high traffic area, as evaluated by the Certified Arborist. RECOMMENDATION: Staff Recommends: The Planning Commission adopt Resolution PC 2011-0005 to allow the removal of one (1) hazardous multi -trunk Coast Live Oak totaling 125 -inches DBH subject to conditions of approval and mitigation. Situation and Facts: 1. Property Owner: French Camp, LLC 188 Frank West Cir. #A, Stockton, CA 95206 2. Applicant: Art Guzman 8955 Montecito Avenue, Atascadero, CA 93422 3. Project Address: 8955 Montecito Avenue, Atascadero, CA 93422 4. Certified Arborist: Shaun Callarman, ISA Certified Arborist #3256A Bunyon Bros. Tree Service, 5345 Davenport Creek Road, San Luis Obispo, CA 93401 5. General Plan Designation: General Commercial (GC) 6. Zoning District: Commercial Tourist (CT) ITEM NUMBER: 2 DATE: 4-19-11 BACKGROUND: The City permitted the construction of a gasoline station with on-site food and beverage retail in October 1990 through a Precise Plan. In the original building plans, it was the applicant's intent to preserve the large Coast Live Oak tree at the proposed driveway on Montecito Avenue. The tree continued to grow over subsequent years with limbs hanging over the sidewalk and parking areas. The subject tree has had several large limb failures in the past few years and is considered in poor health by the arborist due to decay. ANALYSIS: An application has been submitted by French Camp, LLC for the removal of one (1) multi -trunk 125 -inch DBH Coast Live Oak. The tree is located in the landscape area of the primary driveway to the gas station off of Montecito Avenue. -1 NA� 05&0le 41440' Ike, tet: .% 0% ITEM NUMBER: 2 DATE: 4-19-11 The arborist evaluated the tree and identified very little foliage and indicated that the canopy is sparse at best. The report states that the Coast Live Oak has large decay pockets where the trunk bifurcates off the main trunk. In addition, the past large limb failures and cuts have not healed properly, contributing to the decline of the tree. As a result of the past limb failures, including a recent limb failure due to the heavy amount of rain and wind for March 2011, the arborist recommends removal because the tree poses a hazard to people walking from parking stalls to the retail portion of the gas station, structures, and vehicles parked nearby. The report indicates that the tree cannot be further pruned. Tree Mitigation Permit fees are not required for the removal of hazardous trees. The regular fee for a Tree Removal Permit that requires Planning Commission hearing is $755. The fee has been waived for the subject application. The Atascadero Municipal Code (AMC) requires mitigation for all trees approved for removal. AMC Section 9-11.105 identifies specific conditions of approval. Planning Commission can approve one or more of the following conditions as mitigation: AMC Section 9-11.105: Tree removal permits shall be conditioned by one or more of the following methods: (i) Depending on the characteristics of the site the applicant may plant replacement trees on site. This method shall include payment in advance for three (3) site inspections during a four (4) year establishment period; (ii) Payment of fee to the Tree Replacement Fund; (iii) Establishment of conservation easements, which will restrict removal of any tree within a designated area of the property. (Ord. 350 § 2 (part), 1998) In accordance with Section 9-11.105 of the Atascadero Native Tree Ordinance, staff has included a condition in the attached resolution which requires either replanting or payment of fees to the tree fund. The applicant shall plan one (1) 24 -inch box native tree within the landscape area of the subject property and make a mitigation payment of $1,983.33 into the tree fund. Evergreen Native Trees (inches) ITEM NUMBER: DATE: Deciduous Native Trees (inches) dbh notes dbh 1 125 -inches Coast Live Oak 1 0 -inches 2 2 3 3 4 4 5 5 6 6 Total 125 -inches Total 0 -inches Mitigation Requirement req'd tree replacements: 42 five gal trees req'd tree replacements: Proposed Replanting Of ive gal trees Proposed Replanting 1 box trees (24") Remaining Mitigation Tree Fund Payment: FINDINGS: 40 five gal trees Remaining Mitigation $ 1,983.33 Tree Fund Payment: $ notes 2 4-19-11 Totals 125 -inches Of ive gal trees 42 five gal trees 0 five gal trees A1 Ve- gal Rees, 0 box trees (24") 1 box trees (24") 0 five gal trees 40 five gal trees I $ 1,983.33 In considering any tree removal request, at least one of the required findings must be made. Staff has identified the following finding as appropriate for the application request. The tree is dead, diseased or injured beyond reclamation, as certified by a tree condition report from an Arborist. CONCLUSIONS: A Certified Arborist has determined that the subject 125 -inch DBH Coast Live Oak tree is in severe decline and creates a potential hazard in a high traffic area on-site at a gasoline station on Montecito Avenue. Based on the arborist's evaluation and above analysis, findings can be made to approve the requested removal, subject to the required mitigation. 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 basis for denial. ITEM NUMBER: 2 DATE: 4-19-11 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 — Site Photos Attachment 3 — Arborist Report Attachment 4 — Draft Resolution PC 2011-0005 ITEM NUMBER: DATE: 4-19-11 ATTACHMENT 1: Location Map (Zoning Map) PLN 2011-1397 /TRP 2011-0148 8955 Montecito Ave. Pa¢ 125 v` Coast Live •. coo �o LIS, F P v Pdi d s^ :n O 7� General Plan Designation: General Commercial (GC) Zoning District: Commercial Tourist (CT) ITEM NUMBER: DATE: 4-19-11 ATTACHMENT 2: Site Photos PLN 2011-1397 /TRP 2011-0148 8955 Montecito Ave. ATTACHMENT 2: Site Photos PLN 2011-1397 /TRP 2011-0148 8955 Montecito Ave. ITEM NUMBER: DATE: 4-19-11 ITEM NUMBER: DATE: 4-19-11 ATTACHMENT 2: Site Photos PLN 2011-1397 /TRP 2011-0148 8955 Montecito Ave. ITEM NUMBER: DATE: 4-19-11 ATTACHMENT 3: Arborist Report PLN 2011-1397 /TRP 2011-0148 8955 Montecito Ave. O N 8� Q O BUNYON BROS. TREE SERVICE 41 5345 Davenport Creek Rd San Luis Obispo, CA 93401 P:805-547-1903 TREE SERVICE F:805-544-2071 April 1, 2011 Arborist Report for Atascadero Chevron On March 30, I, Shaun Callarman was asked to evaluate and inspect the health of a large quercus agriforlia (coast live oak) located at 8955 Montecito in Atascadero, California. The tree has had several large limb breakouts in the past and the overall health of the tree is poor. The tree has very little foliage and the canopy is sparse at best. The large coast live oak has large decay pockets where the trunk bifurcates off the main trunk. The resistograph indicated significant decay in the trunk and limbs due to heart rot. The past large limb breakouts did not heal properly or compartmentalize which has contributed to the decline of the tree. As a result of the past events and the significant decline of the tree I advocate removal because the tree poses a threat to people, structures, and vehicles parked nearby. The high hazard potential is a result of numerous targets present which further justifies the removal of the coast live oak near the dumpster area located at the Chevron service station. The hazard cannot be mitigated through further pruning and it makes sound arboricultural sense to remove the tree in question. The high hazard rating is a result of the poor health and decline of the coast live oak and all of the potential targets which are present at the busy gas station. Therefore, I recommend removing the tree as soon as possible in order to ensure public safety. Sincerely, Shaun Callarman ISA Certified Arborist WE -3256A ITEM NUMBER: 2 DATE: 4-19-11 ATTACHMENT 4: Draft Resolution PC 2011-0005 PLN 2011-1397 /TRP 2011-0148 8955 Montecito Ave. DRAFT RESOLUTION NO. PC 2011-0005 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING PLN 2011-1397 / TRP 2011-0148, TO ALLOW THE REMOVAL OF ONE (1) HAZARDOUS COAST LIVE OAK TOTALING 125 INCHES DBH LOCATED AT 8955 MONTECITO AVENUE (FRENCH CAMP LLC / GUZMAN) WHEREAS, an application was received from French Camp LLC, , 188 Frank West Cir. #A, Stockton, CA 95206, (Property Owner) and Art Guzman, 8955 Montecito Avenue, Atascadero, CA 93422 (Applicant), for a Tree Removal Permit to remove one (1) hazardous Coast Live Oak totaling 125 inches DBH; and, WHEREAS, the Planning Commission reviewed the proposed Tree Removal Permit application on April 19, 2011, at 7:00 p.m. and considered testimony and reports from staff, the applicants, and the public; and, NOW THEREFORE, the Planning Commission of the City of Atascadero, California takes the following actions: SECTION 1. Findings for tree removal. The Planning Commission finds as follows: ■ The tree is dead, diseased or injured beyond reclamation, as certified by a tree condition report from an Arborist SECTION 2. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on April 19, 2011, resolved to approve Tree Removal Permit 2011- 0148, subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Tree Mitigation Chart ITEM NUMBER: 2 DATE: 4-19-11 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: ( ) ADOPTED: ABSTAINED: CITY OF ATASCADERO, CA David Bentz Planning Commission Chairperson ATTEST: Warren Frace Planning Commission Secretary ITEM NUMBER: DATE: 4-19-11 EXHIBIT A: Conditions of Approval / Mitigation Monitoring PLN 2011-1397 /TRP 2011-0148 Conditions of Approval Timing Responsibility /Monitoring PLN 2011-1397 / TRP 2011-0148 FM; Final Map BL Business License PS: Planning Services GP: Grading Permit BS: Building Services BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater 8955 M o n t e c i t o Avenue CA: City Attorney Standard Planning Conditions 1. The approval of this application shall become final, subject to the completion Tree removal PS of the conditions of approval, 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. 2. The applicant and/or subsequent owners shall defend, indemnify, and hold On going PS 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 proposed development. 3. The applicant shall pay $1,988.33 into the tree mitigation fund and replant Tree removal PS a minimum of one (1) 24 -inch native box tree in the landscaping area of the subject property prior to removal of the Coast Live Oak. ITEM NUMBER: 2 DATE: 4-19-11 EXHIBIT B: Tree Mitigation Chart For Commercial/Multi-Family Evergreen Native Trees (inches) Deciduous Native Trees (inches) Totals dbh notes dbh notes 1 125 -inches Coast Live Oak 1 0 -inches 2 2 3 3 4 4 5 5 6 6 Total 125 -inches Total 0 -inches 125 -inches Mitigation Requirement req'd tree replacements: 42 five gal trees req'd tree replacements: 0 five gal trees 42 five g.@ trees Proposed Replanting 0 five gal trees Proposed Replanting 0 five gal trees / 0 five gal trees 1 box trees (24") 0 box trees (24") 1 box trees (24") ` I t Remaining Mitigation 40 five gal trees Remaining Mitigation 0 five gal trees t 40 five gal trees I Tree Fund Payment: $ 1,983.33 Tree Fund Payment: $ $ 1,983.33 t:\- 11 pins\pin 2011-1397 trp montecito chevron\pin 2011-1397 montecito chevron-sr.ac.docx ITEM NUMBER: 3 DATE: 4-19-11 Atascadero Planning Commission Staff Report — Community Development Department Callie Taylor, Associate Planner, 470-3448, ctaylor@atascadero.org PLN 2006-1144 Conditional Use Permit for Oversized Accessory Structure 9205 San Marcos Road (Russell) SUBJECT: The proposed application consists of a request to allow an accessory garage/shop that exceeds 50% of the size of the primary residence. RECOMMENDATION: Staff Recommends Planning Commission: Adopt PC Resolution 2011-0004 to allow a 1,522 sq. ft. garage and workshop at 9205 San Marcos Road, based on findings and subject to conditions of approval. SITUATION AND FACTS: 1. Owner/Applicant: James D. Russell, 9205 San Marcos Rd. Atascadero, CA 93422 2. Project Address: 9205 San Marcos Rd. Atascadero, CA 93422 APN 054-132-038 3. General Plan Designation: Rural Estate (RE) 4. Zoning District: Residential Suburban (RS) 5. Site Area: 0.76 acres 6. Existing Use: Single -Family Residence 7. Environmental Status: Class 3 Categorical Exemption: New Construction or Conversion of Small Structures ITEM NUMBER: 3 DATE: 4-19-11 DISCUSSION: Background In August 2005, the subject property at 9205 San Marcos Road was cited with a Stop Work Order by the Building Official for construction of a detached garage without permits. The property owner has since submitted building permits and a Conditional Use Permit (CUP) application in order to permit and complete the partially constructed garage on the property. The submitted building plans have been reviewed by City staff, and have been deemed consistent with all applicable building, zoning, and fire codes. Issuance of a building permit for the detached structure is pending Planning Commission hearing on the size of the structure, as it is proposed to exceed 50% of the size of the primary residence. ANALYSIS: The project consists of a request to allow an oversized accessory structure. The detached garage/workshop is proposed as a two story, 1,522 sq. ft. structure, which exceeds 50% of the size of the main house. The first floor is 915 sq. ft. of garage and workshop space, with a half bath (toilet and sink only) and garage door for vehicle access. The second floor is 607 sq. ft. and is accessed by an exterior staircase on the back of the structure. The second floor is proposed as additional storage and workshop space and shall not be permitted as habitable or conditioned space as it exceeds the size allowed for a studio. Atascadero Municipal Code Section 9-6.106 limits the size of detached accessory structures 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 - "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." "Detached accessory structures that exceed size requirements are subject to the approval of a minor conditional use permit." The existing main residence and attached garage on the property totals 1,818 square feet. Therefore, the Municipal Code would allow a 909 square foot detached structure with only a building permit. The 915 square foot first floor of the proposed detached garage may be permitted as proposed; however, the 607 square foot second floor brings the structure over the allowed size and requires Planning Commission approval of a CUP to allow the additional square footage. ITEM NUMBER: 3 DATE: 4-19-11 The proposed accessory structure is located towards the back of the property. A new 12 foot paved driveway is proposed to be installed along the property line to provide fire truck access to the building, as required by the Fire Department. The exterior is proposed with stucco, painted to match the primary residence. An existing storage container and tool shed located on the property are proposed to be removed in order to make room for the driveway and grading, and to comply with Building Code requirements. The structure is being proposed for use as a garage and workshop only. A deed restriction shall be required prior to permit issuance to limit the use and notify future property owners that the half bath (toilet and sink only) in the downstairs is permitted; however, the structure is not permitted as habitable space, and shall not include heating or air conditioning, or a full bathroom or kitchen, without the required permits and fees to convert to habitable space as second unit. gitn Plan ITEM NUMBER DATE: 4-19-11 Site Photos ITEM NUMBER: 3 DATE: 4-19-11 Findings for a Conditional Use Permit The Planning Commission must make the following five findings in order to approve a CUP for an oversized accessory structure. If the Commission chooses to deny the project, site specific findings for denial must be cited. 1. The proposed project or use is consistent with the General Plan. 2. The proposed project or use satisfies all applicable provisions of the Title (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. 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development. 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. Based on staff's analysis in the preceding sections and the conditions in the attached resolution, it appears that all of the required findings for approval of a CUP can be made. Environmental Determination The project has been determined to qualify for a Class 3 Categorical Exemption under the provisions of the California Environmental Quality Act (CEQA Section 15303; New Construction or Conversion of Small Structures), which exempts the construction of accessory structures, including garages. ITEM NUMBER: 3 DATE: 4-19-11 CONCLUSIONS: The proposed project includes a two story 1,522 sq. ft. detached garage/workshop, which exceeds 50% of the size of the main residence. Code Section 9-6.106 allows the construction of an oversized accessory structure with Planning Commission approval to review neighborhood compatibility. Based on staff's analysis in the preceding sections, it appears that all of the required findings for approval of a CUP can be made. 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. ATTACHMENTS: Attachment 1 — Location Map (General Plan & Zoning) Attachment 2 — Aerial Photo Attachment 3 — Categorical Exemption Attachment 4 — Draft Resolution PC 2011-0004 ITEM NUMBER DATE: 4-19-11 ATTACHMENT 1: Location Map (General Plan and Zoning) PLN 2006-1144 / CUP 2006-0190 9205 San Marcos General Plan Designation: Rural Estate (RE) Zoning District: Residential Suburban (RS) ITEM NUMBER DATE: 4-19-11 ATTACHMENT 2: Aerial Photo PLN 2006-1144 / CUP 2006-0190 9205 San Marcos Road ITEM NUMBER: 3 DATE: 4-19-11 ATTACHMENT 3: Categorical Exemption CITY OF ATASCADER O y. NOTICE OF EXEMPTION 6907 II Camaro Real Atucukm, CA 93422 805.461.5000 Date Received for Filing TO: ® File FROM: Callie Taylor] Associate Planner City of Atascadero 6907 El Camino Real Atascadero, CA 93422 SUBJECT: Filing of Notice of Determination in Compliance withSection 21152 of the Public Resources Code. Project Title: PLN 2006-1144 Conditional Use Permit for oversized garage Project Location: 9205 San Marcos Road, Atascadero, CA 93422, San Luis Obispo County Project Description: The project consists of a request to allow an oversized accessory structure. The detached garagelshop is proposed as a two story,1,522 sq. ft. structure, which exceeds 50% of the size of the main house. Name of Public Agency Approving Project: City ofAtascadero Name of Person or Agency CgMLining Qui Project: James Russell(applicantlpropertyowner) Exempt Status: O Minisre (Sec. 15073) O Emergency Projed(Sec.1507(b)ad(c)) O DecluedFhaVency(Sec.15061(a)) O Gaurd &Ile Ekmptim (Sec. 15061.c) ® CdegcaicaltyDowaL(Sec.15303) Reasons whyproject is exempt: Class 3 of the California Environmental Quality Act (CEQA) (Section 15303, New Construction or Conversion of Small Structures) exempts the accessory structures including garages, carports, patios, swimming pools, fences and other similar structures. Date: Apri18.2011 Callie Taylor Associate Planner ITEM NUMBER DATE: 4-19-11 ATTACHMENT 4: Draft Resolution PC 2011-0004 PLN 2006-1144 /CUP 2006-0190 9205 San Marcos Road DRAFT RESOLUTION PC 2011-0004 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING PLN 2006-1144 / CUP 2006-0190 A 1,522 SQUARE -FOOT ACCESSORY STRUCTURE WHICH EXCEEDS 50% OF THE SIZE OF THE MAIN RESIDENCE AT 9205 SAN MARCOS ROAD APN 054-132-038 (RUSSELL) WHEREAS, an application was received from James Russell, 9205 San Marcos Road, Atascadero, CA 93422, (Owner/Applicant), for a Conditional Use Permit to construct a 1,522 square -foot two story detached accessory structure; and, WHEREAS, the proposed project has a General Plan Designation of Rural Estate (RE) 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 (RS) zone, which allows for the proposed use when certain findings are made; and, WHEREAS, a Conditional Use Permit is required to allow an accessory structure larger than 50% of the square footage of the primary residence; and, WHEREAS, the proposed project qualifies for an Categorical Exemption consistent with CEQA Section 15303 New Construction or Conversion of Small Structures; and, WHEREAS, the Planning Commission held a duly noticed public hearing to consider the proposed Conditional Use Permit application on April 19, 2011 at 7:00 p.m. and considered testimony and reports from staff, the applicants, and the public. ITEM NUMBER: 3 DATE: 4-19-11 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 has been found Categorically Exempt under Class 3, Section 15303 of the California Environmental Quality Act. SECTION 2. Findings for approval of oversized garage. The Planning Commission finds as follows: 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual; and, 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance); and, 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, 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 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. SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on April 19, 2011, resolved to approve PLN 2006-1144 / Conditional Use Permit 2006-0190, subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Site Plan EXHIBIT C: Grading Plan EXHIBIT D: Floor Plans EXHIBIT E: Elevations EXHIBIT F: Tree Protection Plan ITEM NUMBER: 3 DATE: 4-19-11 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 DATE: 4-19-11 EXHIBIT A: Conditions of Approval PLN 2006-1144 / CUP 2006-0190 Conditions of Approval Timing Responsibility /Monitoring PLN 2006-1144 / CUP 2006-0190 PS: Planning Services Address: 9205 San Marcos Road BL: Business License BS: Building Services GP: Grading Permit FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary Occupancy WW: Wastewater FO: Final Occupancy CA: City Attorney Planning Department Standard Conditions 1. This Conditional Use Permit shall be for a detached 1,522 square foot Ongoing PS garage and workshop as described on the attached exhibits and located on APN 054-132-038 (9205 San Marcos) regardless of owner. 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 prior to the time, 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, 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 Master Plan of Development. The Planning Commission shall have the final authority to approve any other changes to the Master Plan of Development and any associated Tentative Maps unless appealed to the City Council. 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. 5. The applicant shall defend, indemnify, and hold harmless the City of Ongoing PS, 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 project. 6. The tree protection plan shall be implemented per arborist report. Tree BP PS protection fencing shall be installed prior to any grading or construction on the new driveway. Arborist monitoring shall be required during grading under native trees in the critical root zone 7. Access improvements shall be installed according to the attached BP FD/BS exhibits and in conformance with Fire department requirements. 8. The existing storage container and the shed adjacent to the proposed FO PS/BS structure shall be removed from site prior to permit final ITEM NUMBER DATE: 4-19-11 Conditions Of Approval Timing Responsibility /Monitoring PLN 2006-1144 / CUP 2006-0190 PS: Planning Services Address: 9205 San Marcos Road BL: Business License BS: Building Services GP: Grading Permit FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary Occupancy WW: Wastewater F0: Final Occupancy CA: City Attomey 9. Building permits shall be issued prior to any work commencing on site. Ongoing / BP PS/BS 10. A city standard driveway approach shall be installed per plan BP CE 11. The structure shall not be used as a second unit unless all applicable Ongoing PS permits are obtained and development impact fees are paid. The structure shall not contain a full bathroom, kitchen, heating or air conditioning unit unless permits are obtained and applicable building and zoning codes are met. 12. Prior to issuance of a building permit, a deed restriction shall be BP PS recorded to limit the use of all floors of the proposed structure to a non - habitable workshop/garage use only. 13. Construction of the detached garage shall meet all building code BP BS requirements for the high fire severity zone ITEM NUMBER DATE: 4-19-11 EXHIBIT B: Site Plan and Section es �d��tieuw.aiwi 1uoo• k.'.' 'p]jp".0a i lil'li N0003S371jOMdONYM3U1 NV7d U NJIS3a SNI)f1b�M iltilii,t� NYld171f?"V i 0 W J 0 ITEM NUMBER: 3 DATE: 4-19-11 EXHIBIT C: Grading Plan l:{i S71Y1.3OONVS3LON'IVY7d'JlVlO1?IJ 9 N gSl1S3aSN1XLVM l�hli�li Nv7dlnns-sr � i t tit €y gs:a�a c ��7g� �� € �€ F P. Al,�$p LullV ee e e • e s ••••• e W 2 4 ITEM NUMBER: 3 DATE: 4-19-11 EXHIBIT D: Floor Plan OOmY 110 IJ•O✓1•�1 f[ILt nI �nresu�rl near ��:ll�� r NJI S34 SNIIIVM NV7d aoo7d rune-sv og J 8! 311 tr� SO � tr! Q Q s, 8 Ila 44 . 2 R" 8 h v ti O a O m m tr.9i'1 i'1 — 010 E: Elevations ¢« oss �®o ��asrei Baa o� `�4�i NJIS3O SNI�IVM d��,,.� 5b� c� 941 IND"I NV7d NOUVA.97317in"v A 60 j 4Y L a" ITEM NUMBER: 3 DATE: 4-19-11 EXHIBIT F: Tree Protection Plan Nloi•o n.aa.aei• boe ,� 11 __ C1j�111,.,� N"NO113310Md332111S1&DGUW NJ1330 SNININM 1l11lli,ii NV7d17ln"V ! P ITEM NUMBER: 3 DATE: 4-19-11 rig '#legipe` Cot �g! 1i fill FS !ppe gT� p�li�� i Ftp ee a p ee0 �e rl 7 ! i {:4e� ; I it lot lel! 11 oil ,ill +lii�l3(�I1/[!'�}f Il 1 QC 1—e�F419a a ee�q�qt CCE yy f E 5 ie jf#3� at rb j s� !h iopf trRIIl�°p+ic�t; �I• rs�SrtSgefp !¢ {�i61�"Isp! : 1 l � j6��9�;y� t{f9 i�! if! ltdt� lY1 ��!! {!a� {9! lc �;$� �� �r{► {!