HomeMy WebLinkAboutPC_2010-03-02_AgendaPacketCITY OF ATASCADERO
PLANNING COMMISSION AGENDA
Regular Meeting
Tuesday, March 2, 2010 — 7:00 P.M.
City Hall
Council Chambers
6907 El Camino Real
Atascadero, California
CALL TO ORDER
Pledge of Allegiance
Roll Call: Chairperson Moreno
Vice Chairperson Bentz
Commissioner Colamarino
Commissioner Jack
Commissioner Schmidt
Commissioner Sturtevant
Commissioner Ward
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.)
City of Atascadero Planning Commission Agenda Regular Meeting, March 2, 2010
Page 2 of 4
1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION
MEETING ON FEBRUARY 2, 2010.
COMMUNITY DEVELOPMENT STAFF REPORTS - NONE
PUBLIC HEARINGS
2. PLN 2009-1349, CONDITIONAL USE PERMIT FOR A FIVE BEDROOM BED
AND BREAKFAST AND ADDITIONAL ACCESSORY STRUCTURES AT 6650
PORTOLA ROAD
Property
Thomas and Peggy O'Malley, PO Box 808, Atascadero, CA 93423
Owner/Applicant:
Project Title:
PLN 2009-1349: Conditional Use Permit for a Five Room Bed and Breakfast
and Additional Accessory Structures
Project Location:
6650 Portola Road, Atascadero, CA 93422
APN 054-072-048 (San Luis Obispo County)
Project
The proposed application consists of a request for a Conditional Use Permit
Description:
to allow a five (5) room bed and breakfast and three (3) additional accessory
structures at 6650 Portola Road.
General Plan Designation: Single -Family Residential (SFR -Z)
Zoning District: Residential Single -Family (RSF-Z)
Proposed
Categorical Exemption Class 3 (15303) pertaining to the new construction
Environmental
and conversion of small structures in a residential zone.
Determination:
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).)
City of Atascadero Planning Commission Agenda
COMMISSIONER COMMENTS AND REPORTS
DIRECTOR'S REPORT
ADJOURNMENT
Regular Meeting, March 2, 2010
Page 3 of 4
The next regular meeting of the Planning Commission is scheduled for March 16, 2010, 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.
City of Atascadero Planning Commission Agenda Regular Meeting, March 2, 2010
Page 4 of 4
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, 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.
ITEM NUMBER: 1
DATE: 3-2-10
-'� CITY OF ATASCADERO
PLANNING COMMISSION
DRAFT MINUTES
Regular Meeting - Tuesday, February 2, 2010 — 7:00 P.M.
City Hall Council Chambers
6907 EI Camino Real, Atascadero, California
CALL TO ORDER — 7:00 p.m.
Chairperson Jack called the meeting to order at 7:00 p.m. and Vice Chairperson Moreno led the
Pledge of Allegiance.
ROLL CALL
Present: Chairperson Jack, Vice Chairperson Moreno, Commissioners Bentz,
Colamarino, Schmidt, Sturtevant and Ward.
Absent: None
Others Present: Recording Secretary Shannon Sims
Staff Present: Community Development Director Warren Frace and Associate Planner
Callie Taylor
APPROVAL OF AGENDA
MOTION: By Vice Chairperson Moreno and seconded by Commissioner Bentz
to approve the Agenda.
Motion passed 7:0 by a roll -call vote.
PUBLIC COMMENT
None
Chairperson Jack closed the Public Comment period.
PLANNING COMMISSION BUSINESS
A. ELECTION OF CHAIRPERSON AND VICE CHAIRPERSON
The Commission will select a Chairperson and Vice Chairperson.
Chairperson Jack called for nominations for Chairperson.
MOTION: By Commissioner Bentz and seconded by Commissioner
Colamarino to appoint Vice Chairperson Moreno to the position of
Planning Commission Chairperson.
Motion passed 7:0 by a roll -call vote.
Chairperson Moreno called for nominations for Vice Chairperson.
MOTION: By Commissioner Sturtevant and seconded by Commissioner Ward
to appoint Commissioner Bentz to the position of Planning
Commission Vice Chairperson.
Motion passed 7:0 by a roll -call vote.
CONSENT CALENDAR
1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING
ON JANUARY 5, 2010.
MOTION: By Commissioner Jack and seconded by Commissioner Sturtevant
to approve the Consent Calendar.
Motion passed 7:0 by a roll -call vote.
COMMUNITY DEVELOPMENT STAFF REPORTS
2. PLN 2010-1354 / TREE REMOVAL PERMIT FOR 8255 & 8265 SANTA YNEZ
Property Owner/
Eric & Vicky Winslow, PO Box 6014, Atascadero, CA 93423
Applicant:
Certified Arborist:
Henry Curtis, PO Box 3028, Atascadero, CA 93423
Project Title:
PLN -2010-1354 / Tree Removal Permit 2010-0138
Project
8255 & 8265 Santa Ynez Ave., Atascadero, CA 93422
Location:
APN 031-231-038, 039 (San Luis Obispo County)
Project
Proposed removal of five (5) native trees on a multi -family parcel. All trees
Description
proposed for removal have been evaluated by a Certified Arborist and are
recommended for removal as they are considered to be hazardous and have
the potential for major stem failure. Trees proposed for removal include a
24 -inch Valley Oak, a 46 -inch multi -trunk Live Oak, a 38 -inch Live Oak, a 48 -
inch Valley Oak, and a 48 -inch multi -trunk Black Walnut.
PC Draft Minutes of 2/2/10
Page 2 of 7
Associate Planner Callie Taylor gave the staff report and answered questions of the
Commission.
DISCLOSURE OF EX PARTE COMMUNICATIONS:
• Commissioner Schmidt — No ex parte.
• Commissioner Sturtevant spoke with Mr. Winslow, applicant, over the phone while out at
the property. Mr. Winslow expressed to him that he was concerned about the tree
behind the house at 8265 and was worried about it falling on both homes. Mr. Winslow
also said that when he contacted the City he was told there would be no fees and was
not made aware that mitigation fees would apply.
• Commissioner Jack talked to Mr. Winslow, applicant, at the site and Mr. Winslow pointed
out each of the individual trees. Commissioner Jack also heard the same comments as
Commissioner Sturtevant from the applicant about being surprised by the mitigation
fees.
• Chairperson Moreno happened to show up at the same time as Commissioner Jack at
the site so she had the same conversation with Mr. Winslow, applicant.
• Vice Chairperson Bentz visited the site yesterday and did not talk to anyone.
• Commissioner Colamarino visited the site and had no ex parte communications.
• Commissioner Ward visited the site and did not talk to anyone.
Commissioner Schmidt asked that the Resolution, on Page 34 of the report, have the
Chairperson signature be changed to reflect the current Chairperson. Associate Planner Callie
Taylor confirmed that it would be updated prior to circulating for signatures.
Community Development Director Warren Frace answered questions of the Commission and
provided clarification. Associate Planner Callie Taylor also answered questions of the
Commission.
PUBLIC COMMENT
Eric Winslow, owner of 8255 & 8265 Santa Ynez, said his initial inquiry was in regards to tree
#7, which is the one his arborist said is potentially needing emergency removal and the one that
is most hazardous because it largely threatens one of the residences. He said he was told by
City staff that his request would have to go before the Planning Commission for approval
because he's requesting removal of a tree that's on a multi -family zoned property, even though
the houses are single family residences. Mr. Winslow explained that since there were other
trees listed in his arborist's report as "hazardous," he decided to include them in his request too
so as to only have to come before the Commission once and to prevent damage in the future if
one of those trees were to become hazardous. He said that at the time of his initial inquiry he
was told there would be no fees in order to remove these trees because they are hazardous.
Mr. Winslow said he was unaware of the mitigation fees until he received a copy of the staff
report last Thursday and read that permit fees will be waived but there will be $5,400 in
mitigation fees if the Planning Commission agrees that all 5 trees can be removed. He said he
did not receive any other letter, prior to seeing the staff report, in regards to the mitigation fees.
Mr. Winslow noted that during the storms in October two neighboring properties experience
property damage from fallen limbs and a tree. He expressed that it seems reasonable that if
both Arborists agree that trees 3, 5 and 7 needs to be removed, they should be removed with
mitigation fees waived. Mr. Winslow also said that he would like tree 8 removed because even
though it wasn't deemed "hazardous" to property, it has invasive roots that are growing towards
PC Draft Minutes of 2/2/10
Page 3 of 7
the house and threatening its' foundation. Mr. Winslow stressed that he was not interested in
paying any fees to have the trees removed or in lieu of paying the mitigation fees, planting 108
trees on 7/10 of an acre is completely unreasonable. Mr. Winslow answered questions of the
Commission.
Michael Bova, with Davey Resource Group, contracts with the City for arborist services, and
answered questions of the Commission.
Mr. Winslow answered additional questions from the Commission.
Chairperson Moreno closed the Public Comment period.
Community Development Director Warren Frace answered questions of the Commission. He
elaborated on the classification of "emergency removal" and the Tree Ordinance.
MOTION: By Vice Chairperson Bentz and seconded by Commissioner Schmidt that
the Planning Commission adopt PC Resolution B to approve the request
to remove Trees 3, 5, 7 & 8 because they have a potential to cause
immediate damage to persons or improvements on real property and the
Commission would waive mitigation fees for those trees if those trees are
removed within 6 weeks of receiving approval.
Commissioner Schmidt seconded the motion but expressed concern about the trees being
removed promptly. He noted there doesn't seem to be much urgency relayed by applicant with
the time frame.
A discussion ensued amongst Commissioners
Vice Chairperson Bentz amended his Motion to
immediately, within a week, and that Trees 3, 5 &
Bentz also added to the Motion that any trees still
removed without further approval.
PUBLIC COMMENT
reflect that Tree 7 would be removed
8 would be removed within 6 weeks. Mr.
remaining after the 6 weeks could not be
Eric Winslow, owner of 8255 & 8265 Santa Ynez, commented that removing the trees within 4 —
6 weeks hinges on how cost prohibitive removal will be. He expressed agreement that
removing Tree #7 within a week is reasonable. Mr. Winslow also said that depending upon
what the total cost is, all trees may be removed within a week, which is quicker than the 4 — 6
weeks the Commission is requesting. He commented, in regards to Commissioner Ward's
comments about the Tree Ordinance, that the Ordinance also states that you can prune up to
25% of a tree per year, so effectively he could remove 25% of each tree over the next 4 years
for the same result and save himself $5,400 in mitigation fees. Mr. Winslow concluded that it
seems like the Commission is talking about semantics and an Ordinance that may need to be
modified.
Chairperson Moreno closed the Public Comment period.
Community Development Director Warren Frace answered questions of the Commission. He
provided clarification on the approval process and time frame associated with emergency tree
removals.
PC Draft Minutes of 2/2/10
Page 4 of 7
Commissioner Schmidt withdrew his second to the Motion because he doesn't support the
amendment by Vice Chairperson Bentz.
Vice Chairperson Bentz withdrew his Motion.
Community Development Director Warren Frace answered more questions of the Commission.
MOTION: By Commissioner Colamarino to adopt PC Resolution B to approve the
request to remove 3 native oak trees 3, 5 & 7 subject to the condition that
they be removed within 10 days of this hearing and without the
requirement of the applicant paying mitigation fees because they are
emergency tree removals.
Commissioner Colamarino amended his motion to add Tree 8.
There was no second to the Motion.
MOTION: By Commissioner Jack and seconded by Commissioner Sturtevant
to adopt PC Resolution B to approve the request to remove Tree 7,
classifying it as an emergency removal and waiving all fees and
approving the request to remove Trees 3, 5 & 8 with applicable tree
mitigation fees applied.
A discussion ensued amongst Commissioners.
Commissioner Schmidt referred to page 23 of arborist report regarding Tree 8. He expressed
that he felt Tree 8 would be the most concerning for him. Mr. Schmidt said he would find this an
emergency situation based on comparing both of the factual arborist's reports. He commented
that the applicant does have profit motive, pertaining to the rentals on the property.
Motion passed 6:1 by a roll -call vote. (Schmidt opposed)
PUBLIC HEARINGS
None
COMMISSIONER COMMENTS AND REPORTS
Commissioner Schmidt informed the Commission that Moore's Nursery, on Highway 41, is
going to be having some programs offered including the care and maintenance of azaleas and
camellias, landscaping for horse properties, etc. He invited the Commissioners to find a
program they are interested in and attend.
Commissioner Jack expressed interest in revisiting the Tree Ordinance. Community
Development Director Warren Frace said it's within the Commission's discretion to agendize
whatever they want for discussion and then, if desired, make some sort of request to Council.
There was commission consensus to agendize the Tree Ordinance, with special
emphasis on the multi -family districts.
PC Draft Minutes of 2/2/10
Page 5 of 7
Commissioner Colamarino commented that at the recent City Council Strategic Planning he
thought the Council had tabled the Tree Ordinance. He also thanked Commissioner Jack for his
service as Chairperson and congratulated him on doing a great job in showing direction and
leadership.
DIRECTOR'S REPORT
• The next regular Commissioner meeting will be held on February 16, 2010. Agendizing
the review of the City's Medical Marijuana Ordinance, which will be presented by the City
Attorney. Commission will be making recommendations to Council on amendments to
the Municipal Code and the Zoning Ordinance.
• With regards to the e-mail Commissioner's received from a property owner, or potential
property owner, at 7865 EI Camino Real last week, Director Frace thanked
Commissioners for not trying to respond to the email directly. He said staff has
contacted this person and is working with them on the process. Director Frace said this
item probably won't come back to the Commission because it will probably be either an
allowed or not allowed use in that zone
• With regards the earlier comments, by Mr. Winslow, to trimming trees 25% a year,
Director Frace clarified that you can trim trees up to 25% a year, the guideline is that all
the pruning has to be done in accordance with the accepted arbicultural practices, so
professional standard of practices apply.
• Staff is in the final stages of working with Powerhouse on getting a contract put together,
hopefully to be wrapped up in the next week or so. Mr. Frace said the next step is to
open up the process for Powerhouse to start the "pilot program," which was described as
about $750,000 in funds, about 20-30 projects in the City. AB 811 is expect to roll out in
the spring/summer and depending upon interest, an equitable and fair process will be
enacted to ensure everyone has a fair shot at participating. The City has joined a
second process, participating with a program called California First, which is part of a
state-wide bonding initiative. This is a lot bigger program, involving 13 to 14 counties,
and there is more money available. It's not known at this time how long it will take for
this program to roll out.
• The Tractor Supply project is moving slowly because of financing issues. The Office of
Economic Development has been in contact with the owners and is trying to provide
some assistance.
• The Colony Square Theater is under construction. They have poured most of the
perimeter foundation. There are some changes being made to the interior foundation,
due to the Theater's requirements which are in review right now. Director Frace said he
expects the foundation to be finished up this month, weather permitting and then the
vertical structure will begin.
• The Rite Aid project is progressing well. They are putting the roof on right now.
• The La Plaza project on the Hoff Property, the other proposed theater, is still out for
corrections but staff has heard from the applicant that they are getting close to a re-
submittal.
• Staff is waiting for Wal-Mart to submit a slight revision to their plan, changing the idea of
their floor plan to add some corporate things they wanted to accomplish. Once the plans
are re -submitted, staff will be able to get the EIR process and the public outreach
process underway.
• Staff is working right now with Cowgirl Cafe on a relocation plan. Director Frace said it's
his understanding that there's another site in town that is very appealing to them but it's
not definite at this time.
PC Draft Minutes of 2/2/10
Page 6 of 7
• There's a potential buyer for the Denny's property who wants to put a new restaurant in.
Staff has met with them once. Looks like it would be a real good fit and work really well
next to the theater. Director Frace said they have to acquire the property and are in
some sort of negotiations.
ADJOURNMENT — 8:43 p.m.
The next regular meeting of the Planning Commission is scheduled for February 16, 2010, at
City Hall, Council Chambers, 6907 EI Camino Real, Atascadero.
MINUTES PREPARED BY:
Shannon Sims, Recording Secretary
\\Cityhall\cdvlpmnt\- PC Minutes\PC Minutes 10\PC Draft Minutes 2 2 10.ss.doc
PC Draft Minutes of 2/2/10
Page 7 of 7
ITEM NUMBER: 2
DATE: 3-2-10
A tascadero Planning Commission
Staff Report — Community Development Department
Warren Frace, Community Development Director, 470-3488, wfraceC@atascadero.org
PLN 2009-1349 / CUP 2009-0247
Conditional Use Permit for a
Five Room Bed and Breakfast and
Additional Accessory Structures at
6650 Portola Road
(O'Malley)
SUBJECT:
The proposed application consists of a request for a Conditional Use Permit to allow a
five (5) room bed and breakfast and three (3) additional accessory structures at 6650
Portola Road.
RECOMMENDATION:
Staff Recommends.-
1.
ecommends:1. The Planning Commission adopts Draft Resolution PC 2010-0003 to allow an
additional 256± square foot (sf) accessory structure with a bathroom, an
additional 567± sf studio with a shower facility, an additional 572± sf carport and
the installation of HVAC in an existing non-residential "U" occupancy accessory
structure subject to deed restrictions, findings and conditions of approval; and,
2. The Planning Commission adopts Draft Resolution PC 2010-0004 to allow a five
(5) room bed and breakfast use subject to findings and conditions of approval.
SITUATION AND FACTS:
1. Property Owner: Thomas and Peggy O'Malley, 6650 Portola Road,
Atascadero, CA 93422
2. Project Address: 6650 Portola Road, Atascadero, CA
(APN 054-072-048)
3. General Plan Designation: Single -Family Residential (SFR -Z)
4. Zoning District: Residential Single -Family (RSF-Z)
5. Site Area:
6. Existing Use:
7. Environmental Status:
DISCUSSION:
Background
ITEM NUMBER: 2
DATE: 3-2-10
2.4 acres
Single -Family Residence with a 2nd unit and three (3)
accessory structures.
Class 3 Categorical Exemption: New Construction or
Conversion of Small Structures
The subject lot is 2.4 acres with the following improvements:
• 2,400 sf house
• 610 Sf 2nd unit
• 567 sf accessory workshop
• 1,458 sf accessory garage
• 1,184 sf accessory barn
The existing house is a historic structure built in the 1920's in the Italian renaissance
style. The site is professionally landscaped in and around the numerous native oak
trees. The lot is slopes up from Portola Road with a long, looping driveway. The
applicant is proposing to add a five room bed and breakfast use to the property, add
two additional accessory structures and modify two existing accessory structures.
Existing House to be used as bed and breakfast
Future
Patio
Cover:
Open a
J
0000
����
Existing � �/ •��
Accessory
Structure
.e
Building 2:
Conversion to
oversized studio"� •
with shower
Lot line
adjustment „
required prior to
permit r
Fire sprinklers�� .
required
' 7
00
Building 3: ,,0
Additional 1
carport �% e
accessory J },
structure (open �• 5
on two sides)
Site Plan: existing and proposed structures.
ITEM NUMBER: 2
DATE: 3-2-10
/Existing 2nd
unit
Building 1:
Additional
accessory
structure with
bathroom
Building 4:
t Installation of
HVAC in
existing U-
�'! occupancy
w stru ctu re
3
Existing
house and
q
garage
b r /
ITEM NUMBER: 2
DATE: 3-2-10
ANALYSIS:
The Conditional Use Permit entitlement request is easiest to describe as two separate
components:
1. A request for additional accessory structures and modifications to accessory
structure requirements.
2. A request to establish a bed and breakfast.
These entitlements are basically independent of one another and are controlled by
separate resolutions.
Aerial photo of property.
Accessory Structures
The Atascadero Municipal Code Section 9-6.106 limits the number of accessory
structures in a residential district to two structures. The Municipal Code allows
additional detached accessory structures to be approved through a Conditional Use
Permit.
Municipal Code Section 9-6.106 hiqhliqhts:
• (b) Detached Accessory Structures. Any detached accessory structure intended for
residential accessory uses and accessory storage:
ITEM NUMBER: 2
DATE: 3-2-10
• Number of Structures. The number of accessory structures requiring a building permit
shall be limited to two (2) structures.
• Any detached accessory structure in excess of the two (2) structures permitted is
subject to the approval of a minor conditional use permit.
There currently exists three legal accessory structures that were established before the
current zoning code restrictions were established.
Existing accessory structures
1. 567 sf accessory workshop
2. 1,458 sf accessory garage
3. 1,184 sf accessory barn
The applicant is requesting to establish two additional accessory structures and modify
two of the existing structures.
Proposed accessory structures (refer to exhibits in Resolutions 1)
1. 567 sf accessory workshop - to be converted in studio with shower
2. 1,458 sf accessory garage - to be converted into conditioned space with HVAC
3. 1,184 sf accessory barn — no change
4. New 572 sf carport
5. New 256 sf accessory storage building with two accessible bathrooms.
Due to the size and topography of the lot and the relatively modest size of the
accessory structures, it appears that the five accessory structures would be appropriate
for the site and consistent with the surrounding neighborhood. Each structure will be
architectural consistent with the main house and will include beige stucco walls and
mission tile roofing. The permit is conditioned that deed restrictions be recorded
against the studio, accessory garage and storage building that clarifies these structures
are not permitted to be used as residential dwellings.
Bed and Breakfast
The establishment of a Bed and Breakfast is a conditionally allowable use in the
residential zones. A Bed and Breakfast is defined by the Zoning Ordinance as follows:
9-3.701 Land Use Definitions
Bed and Breakfast. Transient lodging establishments primarily engaged in providing
overnight or otherwise temporary lodging for the general public. Such establishments
provide limited meal service, generally breakfast, for lodgers.
The applicant is request to establish a five room bed and breakfast. Three rooms will
be located in the main house, one room will be located in a second unit and one room
in an accessory studio structure (refer to exhibits in Resolution 2). The operation of the
rooms will be phased and likely the three units in the house will be established first.
ITEM NUMBER: 2
DATE: 3-2-10
The project is required to provide handicapped accessible parking and routes of travel
between the buildings. The interior of the main house is exempt from accessibility
requirements, but the two accessory structures will be required to be accessible. The
project will include five guest parking spaces one of which will be accessible.
Phase 1: 3 rooms in main house
Phase 2: 1 room in 2nd unit
Phase 3: 1 room in studio building
The applicant expects to hold occasionally special events for the guests of the bed and
breakfast such as weddings and parties. These types of events appear to be
consistent with the customary operation of bed and breakfast establishments and would
be allowable under the Zoning Ordinance. The permit has been conditioned that any
special event be conducted consistent with the City's Noise Ordinance and that the
event would not create any nuisances for the surrounding neighborhood.
The applicant is also requesting a free standing monument sign on Portola Road. The
Zoning Ordinance does not include a specific standard for the size of a bed and
breakfast sign. The project is conditioned to have a maximum sign area of 20 square
feet and a maximum height of 10 feet. The sign will have a rural character with
architectural materials similar to the historic main house. The sign may be externally
illuminated as long as there is no off-site glare.
EA
ITEM NUMBER: 2
DATE: 3-2-10
Bed and Breakfast Site Plan.
ITEM NUMBER: 2
DATE: 3-2-10
Findings Conditional Use Permit
The Planning Commission must make the following findings in order to approve the
Conditional Use Permit. If the Commission chooses to deny the project, one of the
following findings must be sited as the reasons for denial.
1. The proposed project or use is consistent with the General Plan and the City's
Appearance Review Manual.
Staff Comment:
Both the bed and breakfast and the additional accessory structures are
consistent with the Single -Family Residential designation of the General Plan
and the Appearance Review Manual.
2. The proposed project or use satisfies all applicable provisions of the Title (Zoning
Ordinance).
Staff Comment:
As conditioned, both the bed and breakfast, and the additional accessory
structures the project satisfies all zoning code provisions related to single-family
accessory structures with Planning Commission approval of the additional
accessory structures.
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:
As conditioned, both the bed and breakfast, and the additional accessory
structures will not be detrimental to the general public or working persons health,
safety, or welfare.
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:
Both the bed and breakfast and the additional accessory structures will not be
detrimental to and is consistent with the surrounding residential neighborhood
uses and character.
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
ITEM NUMBER: 2
DATE: 3-2-10
surrounding neighborhood that would result from full development in accordance
with the Land Use Element.
Staff Comment:
Both the bed and breakfast and the additional accessory structures will not
generate any traffic impacts beyond the capacity of the road system and is
consistent with the traffic projections and road improvements anticipated within
the General Plan.
Based on staff's analysis in the preceding sections, it appears that all of the required
findings for approval of a Conditional Use Permit can be made.
CONCLUSIONS:
The proposed project consists of two components, a bed and breakfast and additional
accessory structures. The project will take advantage of and enhance the use of a
historic residential property and landscaped woodlands. Due to the unique site
configurations, it appears the bed and breakfast and additional accessory structures
would be consistent with the City's residential development standards and would be
compatible with the surrounding neighborhood.
ALTERNATIVES:
1. The Commission may approve the project with additional or revised project
conditions.
2. The Commission may approve either one of the resolutions and deny the other.
3. 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.
4. 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
— Municipal Code Section 9-6.106; Accessory Structures
Attachment
4
— Municipal Code Section 9-5.020
Attachment
5
— Categorical Exemption
Attachment
6
— Draft Resolution PC 2010-0003
Attachment
7
— Draft Resolution PC 2010-0004
ITEM NUMBER: 2
DATE: 3-2-10
ATTACHMENT 1: Location Map (General Plan and Zoning)
PLN 2009-1349
6650 Portola Road
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410
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Project Site
6650 Portola Road
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Zoning: RSF-Z 0-VRSF
tee" __ RSF-
General Plan: SRF -Z ° 0 -" o RSF-Z
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o RSF.Z 0 ° _ _ 0
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ATTACHMENT 2: Aerial Photo
7275 Tecorida Avenue
ITEM NUMBER: 2
DATE: 3-2-10
ITEM NUMBER
DATE: 3-2-10
ATTACHMENT 3: Municipal Code Section 9-6.106
Accessory Structures
Municipal Code Section 9-6.106:
"The standards of this section apply to the specific types of residential accessory structures listed.
Agricultural accessory structures for the keeping of animals are subject to Section 9-6.112.
(a) Swimming Pools. Swimming pools, including hot tubs, spas, and related equipment, may be
located within any required side or rear setback, provided that they are no closer than eighteen
(18) inches to a property line (additional setbacks maybe required by UBC), and provided that they
(b) Detached Accessory Structures. Any detached accessory structure intended for
residential accessory uses and accessory storage:
(1) Limits on Use. An accessory structure may be constructed or used solely for noncommercial
hobbies or amusements; for maintenance of the principal structure or yards; for artistic endeavors
such as painting, photography or sculpture; maintenance or mechanical work on vehicles owned or
operated by the occupants; for an approved home occupation; or for other similar purposes.
(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.
(3) Number of Structures. The number of accessory structures requiring a building permit
shall be limited to two (2) structures.
c) Mini -bike, motorcycle, dirt bike or similar two or more wheel motor vehicle riding is a owe
subject to the following limitations:
(1) No more than two (2) such vehicles shall be operating at the same time.
(2) Operation is limited to a maximum of two (2) hours in a day.
(i) This limit applies even if only one (1) such vehicle is being operated.
(3) Operation is limited to a maximum of eight (8) hours in a week.
(i) This limit applies even if only one (1) such vehicle is operated.
(ii) A week shall be measured from Monday through Sunday.
(4) Notwithstanding the above, no such use shall be allowed prior to noon on Sundays.
(5) Any violations to the above-mentioned limitations are subject to cost recovery for responses to
disturbances, as listed in Section 9-14.14.
(d) Exceptions to Accessory Structure Standards.
(1) Detached accessory structures that exceed size requirements are subject to the approval of a
(2) Any detached accessory structure in excess of the two (2) structures permitted is
subject to the approval of a minor conditional use permit. (Ord. 454 § 3 (part), 2004: Ord.
449 § 1, 2004; Ord. 412 § 3, 2003: Ord. 68 § 9-6.106, 1983)".
ITEM NUMBER
DATE: 3-2-10
ATTACHMENT 4: Municipal Code Section 9-5.020
Municipal Code Section 9-5.020:
As used in this chapter:
(a) Primary Unit. A primary unit is a single-family dwelling unit on a single-family residential
zoned legal lot of record. All other uses and structures on said lot shall be accessory to the primary unit.
(b) Second Unit. Second residential units are defined as residential occupancy constructions
(R) with a kitchen and full bathroom that is accessory to the primary unit and intended for permanent
occupancy by a second household.
(c) Guesthouse. Guesthouses are defined as residential occupancy construction (R) with no
kitchen or cooking facilities and a full bathroom regardless of number or configuration of rooms and are the
same as second units for the purposes of defining use and calculating fees.
(d) Granny Unit. Granny units are defined as residential occupancy construction (R) with a
kitchen and a full bathroom and are the same as second units for the purposes of defining use and
calculating fees.
(e) Detached Accessory Structure. A detached accessory structure is a structure located on a
residential lot occupied by a primary unit, exclusive of second units.
(f) Studios. Studios are defined as any type of residential occupancy construction (R)
with no kitchens, no 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.
g) Workshops and Garages. Workshops and garages are defined as utility occupancy
constructions (U) with no kitchens, no cooking facilities and/or no residential occupancy requirements (i.e.
Title 24). A utility bathroom with shower may be installed with a deed restriction that limits the buildings use
to nonresidential purposes.
(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
without doors of conditioned space that provides for access to all portions of the primary unit and addition.
The addition shall not have a secondary kitchen.
(i) Recreational Vehicle. Recreational vehicles are defined as any vehicle, coach, camper,
travel trailer, boat, or similar movable residential facility that does not have a permanent foundation.
Recreational vehicles are not permitted to be used as any type of second unit or residential accessory
use. (Ord. 454 § 3 (part), 2004)
ITEM NUMBER
DATE: 3-2-10
ATTACHMENT 5: Categorical Exemption
ITl' OF AFASCADER 0
NOFICE OF EXEIIPFION
690' El Camino Real Atascadero. CA 93422 305.461.5000
TO: File Date Received for Filing
❑ Office of Planning and Research
.140O.lenth.Stzeet
Sacramento. CA 95514
FROM: City of Atascadero
Community Development Department
6907 El Camino Real
Atascadero, CA 93422
SUBJECT: Filing of Notice of Deterinin3tion in Compliance ii ith Section 21152 of the Public Resources Code
ProiectTitle
&N, 2009-1349/CL-P2009-024- PORTOLA INN: Five Room Bed and Breakfast and additional accessory
structures.
Proiect Location (Include Count:
66`K Pcrtola Road
Atascadero, CA 93322 (San Luis Obispo County)
APV 054-072-043
ProiectDescriotion
The prcpcsed prcject consists of an application for a fire Room Bed and Breakfast and additional access,-r,-
structures
ccesscr:structures m a single family residential zoning district.
ame of Public Agency :approving Proj ect
C: t,,- --7 At_s:_der1
\ame of Person orA:Can.ingOut Project
Thomas and Peggy O'Malley
6650Portol2Ro2d
Atascadero, CA 93322
Exempt Status:
❑ Aiinisterial(Sec.'_1080 ftl);15268)
❑ DeclaredEmergency(Sec. 210MX3);15269(a))
❑ Emergency Project (Sec.21080(bX4);15269(bXc))
® Categorical Exemption (Sec. 15311. Accessory Structures)
Reasons «hy proj ect is exempt:
Class 3 Categorical Exemption: New Construction or Conversion of Smaj Structur
Date: February 19, 2010
Warren Frace
Director of Community De,,•elepment
Cor.=PenoL R'ase:Fzae-Dir-=ofCa==itpD-----1cP--e .Cit;•c:A ;a:�o{SR's)-t61-SOir.
ITEM NUMBER
DATE: 3-2-10
ATTACHMENT 6: Draft Resolution PC 2010-0003
PLN 2009-1349
DRAFT RESOLUTION PC 2010-0003
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ATASCADERO APPROVING
PLN 2009-1349 / CUP 2009-02479
TO ALLOW (1) AN ADDITIONAL 256± SQUARE FOOT (SF)
ACCESSORY STRUCTURE WITH A BATHROOM,
(2) AN ADDITIONAL 567± SF STUDIO WITH A SHOWER FACILITY,
(3) AN ADDITIONAL 572± SF CARPORT AND THE
(4) INSTALLATION OF HVAC IN AN EXISTING NON-RESIDENTIAL
U -OCCUPANCY ACCESSORY STRUCTURE
(O'MALLEY)
WHEREAS, an application was received from Thomas and Peggy O'Malley, 6650
Portola Road, Atascadero, CA 93422, (Property Owner/Applicant), for a Conditional Use Permit
to allow (1) an additional 256± square foot (SF) accessory structure with a bathroom, (2) an
additional 567± SF studio with a shower facility, (3) an additional 572± SF carport and the (4)
installation of HVAC in an existing non-residential "U -occupancy" accessory structure; and,
WHEREAS, the proposed project has a General Plan Designation of Single -Family
Residential (SFR) 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 (RSF-Z) Zone, where
the minimum lot size is one-half (1.5) acre based on performance standards, 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 or more than two accessory structures per lot
(AMC 9-6.106); 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 March 2, 2010, at 7:00 p.m. and considered
testimony and reports from staff, the applicants, and the public.
ITEM NUMBER: 2
DATE: 3-2-10
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 additional accessory structures. 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. Due to the size and configuration of the lot, the establishment, and subsequent use of
the additional accessory structures 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 additional accessory structures will not be inconsistent with the
character or the immediate neighborhood or contrary to its orderly development; and,
5. That the proposed accessory structures 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 March 2, 2010, resolved to approve Conditional Use Permit 2009-0247,
subject to the following:
EXHIBIT A: Conditions of Approval
EXHIBIT B: Site Plan
EXHIBIT C: Building 1 Elevations and Floor Plan
EXHIBIT D: Building 2 Elevations and Floor Plan
EXHIBIT E: Building 3 Elevations and Floor Plan
ITEM NUMBER: 2
DATE: 3-2-10
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: March 2, 2010
CITY OF ATASCADERO, CA
Heather Moreno
Planning Commission Chairperson
ATTEST:
Warren Frace
Planning Commission Secretary
ITEM NUMBER
DATE: 3-2-10
EXHIBIT A: Conditions of Approval
PLN 2009-1349 / CUP 2009-0247 - 6650 Portola Road
Conditions of Approval: Accessory Structures
Timing
Responsibility
/Monitoring
PLN 2009-1349 / CUP 2009-0247
FM; Final Map
BL: Business License
PS: Planning Services
GP: Grading Permit
BS: Building Services
Address: 6650 Portola Road
FI: Building Permit
FI: Final Inspection
FD: Fire Department
PD: Police Department
TO: Temporary Occupancy
CE: City Engineer
F0: Final Occupancy
WW: Wastewater
CA: City Attorney
Planning Conditions
1. The approval of this application shall become final, subject to the completion
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. This Conditional Use Permit shall be for
BP
PS
(Building 1) an additional 256± square foot (SF) accessory structure with a
bathroom,
(Building 2) an additional 567± SF studio with a shower facility,
(Building 3) an additional 572± SF carport; and,
(Building 4) installation of HVAC in an existing non-residential "U -occupancy"
accessory structure subject to "Title 24" energy compliance requirements,
at 054-072-048 regardless of owner.
3. The Community Development Department shall have the authority to
BP
PS
approve the following minor changes to the project that (1) modify the site
plan project by less than 10%, and/or (2) result in a superior site design or
appearance.
4. Approval of this Conditional Use Permit shall be valid for twenty-four (24)
BP
PS
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 for at least one of the approved accessory structures or a time
extension has been granted.
5. 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.
6. A separate deed restriction for each of the following structures shall be
BP
PS
recorded prior to the issuance of building permits to clearly notify current
and future owners that none of the structures will be used as dwelling
units.
(Building 1) 256± square foot (SF) accessory structure with a bathroom,
(Building 2) 567± SF studio with a shower facility,
(Building 4) installation of HVAC in an existing non-residential "U -
occupancy" garage.
7. All structures shall be consistent with attached Exhibits B, C, D and E
BP, Ongoing
PS
ITEM NUMBER
DATE: 3-2-10
Conditions of Approval: Accessory Structures
Timing
Responsibility
/Monitoring
PLN 2009-1349 / CUP 2009-0247
FM; Final Map
BL: Business License
PS: Planning Services
GP: Grading Permit
BS: Building Services
Address: 6650 Portola Road
Fl: Building Permit
FI: Final Inspection
FD: Fire Department
PD: Police Department
TO: Temporary Occupancy
CE: City Engineer
FO: Final Occupancy
WW: Wastewater
CA: City Attomey
8. Fire sprinklers shall be installed in Building 2: 567± SF studio with a
BP
FD, BS
shower facility.
9. Title 24 energy compliance requirements shall be obtained for Building 4
BP
BS
as part of the installation of any heating or air conditioning systems.
10. Buildings 1 and 2 shall be connected to either an existing septic system or
BP
CE
new system subject to an engineer's report.
11. A lot line adjustment shall be recorded prior to the issuance of any permits
BP
PS
for the conversion of Building 2 to a residential studio to correct a historic
lot boundary conflict.
EXHIBIT B: Site Plan, 6650 Portola Road
Lot line
adjustment
required prior to JT/pA�
IyQA
permit
Fire sprinklers required r/),
6,
Building 3:
Additional
carport
accessory
structure (open
on two sides)
ITEM NUMBER: 2
DATE: 3-2-10
Existing 2nd
unit
Building 1:
Additional
accessory
structure with
bathroom
Building 4:
Installation of
HVAC in
existing U -
occupancy
structure
a�
°� Z ♦
a£o
,4 Existing
house and
garage
`
120 Z O
Future Patio
Cover:
Open all sides
o
�
/
1-
°'
�(0 P
v
Existing
Accessory
Structure
-_
J
Building 2:
Conversion to
oversized studios
with shower:;Np5)♦
Lot line
adjustment
required prior to JT/pA�
IyQA
permit
Fire sprinklers required r/),
6,
Building 3:
Additional
carport
accessory
structure (open
on two sides)
ITEM NUMBER: 2
DATE: 3-2-10
Existing 2nd
unit
Building 1:
Additional
accessory
structure with
bathroom
Building 4:
Installation of
HVAC in
existing U -
occupancy
structure
a�
°� Z ♦
a£o
,4 Existing
house and
garage
`
120 Z O
EXHIBIT Q Building 1: elevations and floor plan
Un
m
G
D
0
z
U)
AF
H
ITEM NUMBER: 2
DATE: 3-2-10
r y✓
r -----
D I I g
u I
�I CJ I
I � I
. Lit I
L J
5 I ,
THE PORTOLA INN
SITE ACCESS PLAN 6650 Portolo
Atascadero, CA 93422
Restroom Plan &
Elevations 1� APW - nS4-m9-nn9 A, n4R
Colors and
materials to
match main
house
ITEM NUMBER: 2
DATE: 3-2-10
EXHIBIT D: Building 2: elevations and floor plan
3a-2-
30'-2'
ELEG Q 1
or
KHVYQ B TH O ° 4
°
rn0
D
Q o
STUDIO
Building 2:
_y I Studio building
a; with shower
------------------------
and 567
square foot
floor area.
2-3068
5G DR
Fire sprinklers
required
30'-2'
Colors to
match main
house and
materials to
remain the
same.
EXHIBIT E: Building 3: Elevations and Floor Plan
3D"TR(4P)
I?
%
L-- F
2
r.
r=
f..
I
i�
pr
ALF 1 _
Colors and
materials to
match main
house (light
stucco walls,
terra cotta
colored
mission tile
\
roofing)
ITEM NUMBER: 2
DATE: 3-2-10
..PP
0
'1"LO
5"LO
Building 3:
572 square foot
carport — required
to be open on a
minimum of two
sides.
No fire sprinklers.
ITEM NUMBER: 2
DATE: 3-2-10
ATTACHMENT 7: Draft Resolution PC 2010-0004
PLN 2009-1349
DRAFT RESOLUTION PC 2010-0004
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ATASCADERO APPROVING
PLN 2009-1349 / CUP 2009-02479
TO ALLOW A FIVE (5) ROOM BED AND BREAKFAST AT
6650 PORTOLA ROAD
(O'MALLEY)
WHEREAS, an application was received from Thomas and Peggy O'Malley, 6650
Portola Road, Atascadero, CA 93422, (Property Owner/Applicant), for a Conditional Use Permit
to allow five (5) room bed and breakfast; and,
WHEREAS, the proposed project has a General Plan Designation of Single -Family
Residential (SFR) 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 (RSF-Z) Zone, where
the minimum lot size is one-half (1.5) acre based on performance standards, which allows for the
proposed use and density when certain findings are made; and,
WHEREAS, a Conditional Use Permit is required to allow a bed and breakfast in the
Residential Zoning District (AMC 9-3.153(h)); 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 March 2, 2010, 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 has been found Categorically Exempt under Class 3, Section
15303 of the California Environmental Quality Act.
ITEM NUMBER: 2
DATE: 3-2-10
SECTION 2. Findings for approval of additional accessory structures. 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. Due to the size and configuration of the lot, the establishment of a bed and breakfast
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 additional accessory structures will not be inconsistent with the
character or the immediate neighborhood or contrary to its orderly development; and,
5. That the proposed establishment of a bed and breakfast 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.
SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a regular
session assembled on March 2, 2010, resolved to approve Conditional Use Permit 2009-0247,
subject to the following:
EXHIBIT A:
Conditions of Approval
EXHIBIT B:
Site Plan
EXHIBIT C:
Phase 1 Floor Plan
EXHIBIT D:
Phase 2 Floor Plan
EXHIBIT E:
Phase 3 Floor Plan
EXHIBIT F:
Monument Sign
ITEM NUMBER: 2
DATE: 3-2-10
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: March 2, 2010
CITY OF ATASCADERO, CA
Heather Moreno
Planning Commission Chairperson
ATTEST:
Warren Frace
Planning Commission Secretary
ITEM NUMBER
DATE: 3-2-10
EXHIBIT A: Conditions of Approval
PLN 2009-1349 / CUP 2009-0247 - 6650 Portola Road
Conditions of Approval: Bed and Breakfast
Timing
Responsibility
/Monitoring
PLN 2009-1349 / CUP 2009-0247
FM; Final Map
BL: Business License
PS: Planning Services
GP: Grading Permit
BS: Building Services
Address: 6650 Portola Road
FI: Building Permit
FI: Final Inspection
FD: Fire Department
PD: Police Department
TO: Temporary Occupancy
CE: City Engineer
F0: Final Occupancy
WW: Wastewater
CA: City Attorney
Planning Conditions
1. The approval of this application shall become final, subject to the completion
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. This Conditional Use Permit shall permit the establishment and operation of
On going
PS
a five (5) room bed and breakfast on parcel 054-072-048 (6650 Portola
Road) regardless of owner.
The establishment of the bed and breakfast may have the following three
phases, in any order:
Phase 1: 3 rooms in main house
Phase 2: 1 room in 2nd unit
Phase 3: 1 room in studio building
3. The Community Development Department shall have the authority to
On going
PS
approve the following minor changes to the project that (1) modify the site
plan project by less than 10%, and/or (2) result in a superior site design or
appearance.
4. The full time occupant of the primary house on the property shall act as the
On going
PS
inn keeper of the bed and breakfast and shall be present on site whenever
rooms are being rented. A breakfast meal shall be provided to each guest
daily.
5. 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.
6. Accessory special events for guests are permitted as part of the operation
On going
PS
of the Bed and Breakfast use (e.g. wedding, party, etc.). Any special event
shall be conducted consistent with the City noise ordinance and not create
a nuisance to the surrounding area.
7. Operation of the Bed and Breakfast and site improvements shall be
Ongoing
PS
consistent with attached Exhibits B, C, D, E and F.
8. The following handicapped accessibility accommodations shall be
BP
FD, BS
provided:
• Minimum of one (1) van accessible handicapped parking space.
• Accessible exterior route of travel among all rooms.
ITEM NUMBER
DATE: 3-2-10
Conditions of Approval: Bed and Breakfast
Timing
Responsibility
/Monitoring
PLN 2009-1349 / CUP 2009-0247
FM; Final Map
BL: Business License
PS: Planning Services
GP: Grading Permit
BS: Building Services
Address: 6650 Portola Road
Fl: Building Permit
FI: Final Inspection
FD: Fire Department
PD: Police Department
TO: Temporary Occupancy
CE: City Engineer
FO: Final Occupancy
WW: Wastewater
CA: City Attomey
• Accessible route of travel to exterior guest amenities.
• All rooms outside of the main house shall be handicapped
accessible. (Note: interior of main house exempt).
9. An exterior illuminated monument sign with a 20 square foot sign face and
BP
BS
a maximum total height of 10 feet shall be permitted on the Portola Road
frontage consistent with Exhibit F. The sign shall be located outside of any
vehicular vision triangles. Lighting shall not create any off site glare. A
building permit shall be obtained for the sign.
10. Five paved parking spaces (including handicapped) shall be provided for
BP
CE
bed and breakfast guests.
EXHIBIT B: Site Plan Phased Bed and Breakfast 6650 Portola Road
Accessible route 7_
of travel between 1%
all rooms
Bed and Breakfast
guest use area
0,
.0
ITEM NUMBER: 2
DATE: 3-2-10
Phase 2:
Existing 2'd unit
1 B&B room
(handicapped
accessible)
0
lip A
0
0
jj
0,
0,
i FL
JAM
Phase 3:
Vj
Future0
Phase 1:
conversion studio0 PO
Existing house
3.1
1 B&B room
(
handicaed 94! 6 3 B&B rooms pp
accessible) Oig
(entire house exempt
from accessibility
I pO.-A
2 requirements)
01
120
Guest parking
5 paved p�,a zaz
spaces o?
minimum
Monument sign area 51
ITEM NUMBER: 2
DATE: 3-2-10
EXHIBIT C: Phase 1: existing house floor plan
BALCONY
FP ------
T I PATIO 1
� I I---= --1.JYING_____--
ENTRY
M 3
, j�
-- � _ --
---
I I
--- 1
BE RO M2 � - 1 -- 9--- 1
I �
ASTE S DINNING PATIO
ATN
I I
"ALK -IN MASTER
CL05ET BEDROOM ° ; K
BATH 1 10 2
Q - KITCHEN
I I 1
I
/ 1 PP i -----------
(/ I I
I
ti I I
Bed and Breakfast
Rooms 1 2 and 3. SECOND FLOOR PLAN
FP
EXHIBIT D: Phase 2: 2"d unit floor plan
t
I
I
i OFFICE ENTRY I a
� I
= I soea I q x aR
fo I
r
h SEPROO
h
— °
LIVINO
M Ai'7j R,
fla K I
orb KrTCHEN.
------- - - - - --
----
ITEM NUMBER: 2
DATE: 3-2-10
Phase 2
Bed and
Breakfast room
#4
Full accessibility
required
ITEM NUMBER
DATE: 3-2-10
EXHIBIT E: Phase 3: future studio floor plan
Colors and
materials to
match main
house.
EXHIBIT F: Monument Sign
ITEM NUMBER: 2
DATE: 3-2-10
Portola Road monument sign
• Maximum sign face: 20 square feet
• Maximum structure height: 10 feet
• External illumination permitted, no off site
glare.
- 4
4r
T
f
ITEM NUMBER: 2
DATE: 3-2-10
Portola Road monument sign
• Maximum sign face: 20 square feet
• Maximum structure height: 10 feet
• External illumination permitted, no off site
glare.