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Home My WebLink AboutPC_2010-10-05_AgendaPacketCITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting Tuesday, October 5, 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, October 5, 2010 Page 2of4 1. APPROVAL OF ACTION MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON SEPTEMBER 7, 2010. COMMUNITY DEVELOPMENT STAFF REPORTS None PUBLIC HEARINGS DISCLOSURE OF EX PARTE COMMUNICATIONS: Prior to a project hearing Planning Commission Members must disclose any communications they have had on any quasi-judicial agenda items. This includes, but is not limited to, Tentative Subdivision Maps, Parcel Maps, Variances, Conditional Use Permits, and Planned Development Permits. This does not disqualify the Planning Commission Member from participating and voting on the matter, but gives the public and applicant an opportunity to comment on the ex parte communication. (For each of the following items, the public will be given an opportunity to speak. After a staff report, the Chair will open the public hearing and invite the applicant or applicant's representative to make any comments. Members of the public will be invited to provide testimony to the Commission following the applicant. Speakers should state their name 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 2010-1380, MINOR CONDITIONAL USE PERMIT FOR 8605 DEL RIO ROAD Property Dennis & Colleen Johnson, 8605 Del Rio Road, Atascadero, CA 93422 Owner/Applicant: Project Title: PLN 2010-1380 / Minor Conditional Use Permit 2010-0254 Project 8605 Del Rio Road, Atascadero, CA 93422 Location: APN 050-101-028 (San Luis Obispo County) Project Minor Conditional Use Permit to allow an oversized accessory structure Description: (workshop/garage) approximately 1,520 sf that has been previously constructed without building permits. General Plan: Residential Estate (RE) Zoning: Residential Suburban (RS) Proposed Class 1 of the California Environmental Quality Act (CEQA) Section 15301, Existing Environmental structures or facilities not expanding existing uses) exempts existing structures involving no Determination: expansion beyond what is constructed at the time of the Lead Agency's determination. COMMISSIONER COMMENTS AND REPORTS DIRECTOR'S REPORT ADJOURNMENT City of Atascadero Planning Commission Agenda Regular Meeting, October 5, 2010 Page 3of4 The next regular meeting of the Planning Commission is scheduled for October 19, 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, October 5, 2010 Page 4of4 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: 10-5-10 CITY OF ATASCADERO PLANNING COMMISSION DRAFT ACTION MINUTES Regular Meeting — Tuesday, September 7, 2010 — 7:00 P.M. City Hall Council Chambers 6907 EI Camino Real, Atascadero, California CALL TO ORDER - 7:00 p.m. Vice Chairperson Bentz called the meeting to order at 7:00 p.m. and Commissioner Jack led the Pledge of Allegiance. ROLL CALL Present: Vice Chairperson Bentz, Commissioners Colamarino, Jack, Schmidt, Sturtevant, and Ward Absent: Chairperson Moreno (excused absence) Others Present: Recording Secretary Annette Manier Staff Present: Community Development Director Warren Frace and Assistant Planner Alfredo Castillo APPROVAL OF AGENDA MOTION: By Commissioner Jack and seconded by Commissioner Sturtevant to approve the agenda. Motion passed 6:0 by a roll -call vote. PUBLIC COMMENT None PC Draft Action Minutes of 9/7/10 Page 1 of 5 PLANNING COMMISSION BUSINESS None CONSENT CALENDAR 1. APPROVAL OF DRAFT ACTION MINUTES OF THE PLANNING COMMISSION MEETING ON AUGUST 17, 2010. MOTION: By Commissioner Jack and seconded by Commissioner Schmidt to approve the Consent Calendar. Motion passed 6:0 by a roll -call vote. COMMUNITY DEVELOPMENT STAFF REPORTS None PUBLIC HEARINGS 2. PLN 2010-1369, TENTATIVE CONDOMINIUM PARCEL MAP AND MINOR CONDITIONAL USE PERMIT FOR 8760 CURBARIL AVE. Property Eric and Vicky Winslow, PO Box 6014, Atascadero, CA 93423 Owner/Applicant: Project Title: PLN 2010-1369 / Tentative Condominium Parcel Map 2010-0097/ Minor Conditional Use Permit 2010-0251 Project 8760 Curbaril Ave., Atascadero, CA 93422 Location: APN 030-141-038 (San Luis Obispo County) Project A proposed condominium map over an existing lot of record to create three (3) airspace Description: condominiums. Parcel 1 will remain as an existing single-family residence and detached garage that will remain. Parcel 2 and Parcel 3 will be located at the rear of the lot and contain a single-family residential unit on each lot. A Conditional Use Permit is required due to the conversion of existing unit. General Plan: Medium Density Residential (MDR) Zoning: Residential Multi -Family -10 (RMF -10) Proposed Exempt per CEQA Section 15315: Minor Land Divisions. Environmental Determination: PC Draft Action Minutes of 9/7/10 Page 2 of 5 DISCLOSURE OF EX PARTE COMMUNICATIONS: • Vice Chairperson Bentz and Commissioner Ward visited the site. Assistant Planner Alfredo Castillo gave the staff report and answered questions from the Commission. PUBLIC COMMENT The following citizens spoke during Public Comment: Eric Winslow and Barak Miles. Mr. Winslow answered questions from the Commission. Vice Chairperson Bentz closed the Public Comment period. Vice Chairperson Bentz re -opened the Public Comment period. The following citizens spoke during Public Comment: Eric Winslow. Mr. Winslow addressed Commissioner Jack's comments. Vice Chairperson Bentz closed the Public Comment period. MOTION: By Commissioner Jack to refer the item back to staff for additional information relative to Homeowner Association options and lighting options. Motion failed due to lack of a 2nd. MOTION: By Commissioner Colamarino and seconded by Commissioner Ward to adopt Resolution PC 2010-0018 approving PLN 2010- 1369, Tentative Parcel Map 2010-0097 for condominium purposes, a request to divide one parcel totaling .28 -acres into three (3) airspace parcels and approving Minor CUP 2010-0251 based on findings and subject to conditions of approval. Commissioner Sturtevant stated he has concerns about the storm drain funding and asked if the maker of the motion (Colamarino) and the second (Ward) to consider amending their motion by adding Item G to Condition 8 to include the following: "The CC&Rs and HOA include a provision for a funding mechanism for the storm water retention." Vice Chairperson Bentz called for a vote but Commissioner Jack stated he still feels the Commission needs to address a funding source for the HOA so that three or five years PC Draft Action Minutes of 9/7/10 Page 3of5 from now, the funding is there to maintain the property in a way the Commission envisions it. Vice Chairperson Bentz rephrased what Commissioner Jack was asking for as follows: "Add to Condition G that the homeowner and CC&Rs shall have rules and regulations in place for the maintenance of the total project area for the life of the project." Vice Chairperson Bentz asked if this wording is acceptable to the maker of the motion (Colamarino) and the 2nd (Ward). Discussion ensued and Commissioner Schmidt stated that the Department of Real Estate would require an operating a budget which is the mechanism to provide the funding for maintenance of the common areas. Commissioner Jack withdrew his request to add the amended wording to the motion. Vice Chairperson Bentz stated that Mr. Winslow said he would accept a condition of incorporating an HOA. Discussion ensued. Commissioner Colamarino asked Director Frace if he feels it's necessary to add an HOA. Director Frace answered questions and provided clarification on HOAs and the Department of Real Estate. Vice Chairperson Bentz asked the maker of the motion (Colamarino) and the 2nd (Ward) if they would agree to the amendments. Commissioner Colamarino said he would agree to the first amendment (made by Commissioner Sturtevant) but not the 2nd amendment to the motion (made by Commissioner Jack). Commissioner Ward was in agreement with Commissioner Colamarino. MOTION: By Commissioner Colamarino and seconded by Commissioner Ward to adopt Resolution PC 2010-0018 approving PLN 2010-1369, Tentative Parcel Map 2010- 0097 for condominium purposes, a request to divide one parcel totaling .28 -acres into three (3) airspace parcels and approving Minor CUP 2010-0251 based on findings and subject to conditions of approval, and adding Item G to Condition 8, "A funding mechanism for the operation and maintenance of the storm water drainage system." COMMISSIONER COMMENTS AND REPORTS Commissioner Schmidt asked Director Frace about Assembly Bill (AB811) and Director Frace gave the Commission an update. PC Draft Action Minutes of 9/7/10 Page 4of5 DIRECTOR'S REPORT • Director Frace gave an update on current projects within the City. • Director Frace said he would be briefing the Council in October on the new Green Building Code, and will also be presenting the Greenhouse Gas Inventory Report. • Director Frace stated that the next Planning Commission meeting is scheduled for September 21, 2010; however, currently there are no items for that agenda so it may be cancelled. ADJOURNMENT - 8:20 p.m. The next regular meeting of the Planning Commission is scheduled for September 21, 2010, at City Hall, Council Chambers, 6907 EI Camino Real, Atascadero. MINUTES PREPARD BY: Annette Manier, Recording Secretary \\cityhall\cdvlpmnt\- pc minutes\pc minutes 10\pc draft actn minutes 9 7 10.doc PC Draft Action Minutes of 9/7/10 Page 5 of 5 ITEM NUMBER: 2 DATE: 10-5-10 Atascadero Planning Commission Staff Report — Community Development Department Alfredo R. Castillo, AICP, Assistant Planner, 470-3436, acastillo@atascadero.org PLN 2010-1380 Minor Conditional Use Permit 2010-0254 Oversized Accessory Structure 8605 Del Rio Road (Johnson) SUBJECT: The proposed application consists of a request to allow an existing accessory garage/workshop that exceeds 50% of the size of the primary residence. RECOMMENDATION: Staff Recommends Planning Commission: Adopt PC Resolution 2010-0019 permitting an existing 1,520 square -foot workshop/garage based on findings and subject to conditions of approval. SITUATION AND FACTS: 1. Owner/Applicant: Dennis and Colleen Johnson, 8605 Del Rio Road, Atascadero, CA 93422 2. Project Address: 8605 Del Rio Road, Atascadero, CA 93422 APN 050-101-028 3. General Plan Designation: Residential Estate (RE) 4. Zoning District: Residential Suburban (RS) 5. Site Area: 2.57 acres 6. Existing Use: Single -Family Residence 7. Environmental Status: Class 1 Categorical Exemption: Existing Structures or facilities not expanding existing uses ITEM NUMBER: 2 DATE: 10-5-10 DISCUSSION: Background The subject property is 2.57 acres with an existing 1,700 square foot single-family residence. The property is located near the intersection of San Gregorio Road and Del Rio Road. The single-family residence and the existing workshop/garage are located away from the road off a private driveway that is accessed from Del Rio Road. The workshop/garage was constructed without proper building permits by the previous owner. In addition, the structure was built too close to the property line and a portion of the structure was constructed within the required side setback and within a dedicated 50 -foot Pacific Gas and Electric (PG&E) easement for a gas transmission line. A Lot Line Adjustment (LLA) was completed by the previous owner in late 2008. Mr. and Mrs. Johnson purchased the property in 2009 aware of the issues surrounding the LLA as well as the illegally constructed accessory structure. The property owners have been working with the City since their acquisition of the property to legalize the structure. Fire sprinklers have been added per the City's Municipal Code and the property owners have submitted for a building permit (BLD 2009-08594) for the subject structure. The property owners have also obtained a PG&E encroachment permit for the portion of the home that is within the PG&E's 50 foot easement. At the time of recordation in November of 2009, PG&E determined that the improvements over the easement do not interfere with the present full use of the easement and PG&E agreed to accept the encroachment. PG&E may choose to terminate the agreement at any time and subject to providing the property owner with a 90 day notice to remove the structure. Recently, PG&E published a list of its top 100 high risk gas lines that are in need of priority repairs. This was completed in response to the explosion of a PG&E high Location of PG&E Easement Wer rer ITEM NUMBER: 2 DATE: 10-5-10 gas pipeline in San Bruno, California. The gas pipeline that runs through this property is not on that list. With the encroachment agreement signed by PG&E and property owner, all parties are at an understanding if the structure needs to be removed due to a safety hazard, it will be removed. The accessory structure may not be used for residential purposes (Condition 6). ANALYSIS: The applicant is seeking a Conditional Use Permit (CUP) to legalize a 1,520 square foot detached garage/workshop that has already been constructed on the subject property. Atascadero Municipal Code (AMC) 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. Municiaal Code Section 9-6.106 Residential Accessory Structures: (b) Detached Accessory Structures. Any detached accessory structure intended for residential accessory uses and accessory storage: (2) Floor Area. The gross floor area of a detached accessory structure is not to exceed fifty percent (50%) of the gross floor area of the principal structure. (d) Exceptions to Accessory Structure Standards. (1) Detached accessory structures that exceed size requirements are subject to the approval of a minor conditional use permit. The existing residence is approximately 1,700 square feet. The Municipal Code Section 9-6.106 limits the size of a detached accessory structure to 850 square feet (50% of the residence) without approval of a CUP. The proposed garage/workshop exceeds the allowed size by 670 square feet. The garage/workshop is setback from the public view shed and is located approximately 200 feet from the primary residence and 80 feet from the detached garage. The structure has been constructed to resemble a modern day barn with the inclusion of a combination wood siding and shake wood paneling, roll up garage doors and windows on the first floor to allow for natural light in the garage/workshop. The total height of the structure is 22 feet. The height of the 1St floor is 12 feet in height that includes the workshop/garage. The structure contains an unfinished attic which is accessible through a staircase outside of the workshop/garage. The unfinished attic portion is 10 feet in height from the base of the attic to the pediment of the gable roof. The structure does not exceed the height limitations for the RSF zone, however, the structure's height is greater than a typical detached garage/workshop. ITEM NUMBER: 2 DATE: 10-5-10 Existing Accessory Structure CONCLUSIONS: The proposed CUP will legalize a 1,520 square foot accessory structure that was constructed by the previous owner that exceeds the 50% of the size of the primary residence. Code Section 9-6.106 allows the construction of an oversized accessory structure with Planning Commission approval to ensure on-site and neighborhood compatibility. Based on staff's analysis in the preceding sections, 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. ITEM NUMBER DATE: 10-5-10 ATTACHMENTS: Attachment 1 — Location Map (General Plan & Zoning) Attachment 2 — Aerial Photo Attachment 3 — Site Photos Attachment 4 — Pacific Gas and Electric Encroachment Agreement Attachment 5 — Categorical Exemption Attachment 6 — Draft Resolution PC 2010-0019 ITEM NUMBER DATE: 10-5-10 ATTACHMENT 1: Location Map (General Plan and Zoning) PLN 2010-1380 /CUP 2010-0254 8605 Del Rio Road �s Rd G Sam Project 8605 Del R [6 -el R..oRd Zoning: RS Land Use Designation: RE ATTACHMENT 2: Aerial Photo PLN 2010-1380 /CUP 2010-0254 8605 Del Rio Road ITEM NUMBER: 2 DATE: 10-5-10 �` rt v4s ITEM NUMBER DATE: 10-5-10 ATTACHMENT 3: Site Photos PLN 2010-1380 / CUP 2010-0254 8605 Del Rio Road _-r ATTACHMENT 4: Encroachment Agreement PLN 2010-1380 / CUP 2010-0254 8605 Del Rio Road RECORDING REQUESTED BY AND RETURN 1 PACIFIC GAS AND ELECTRIC COMPANY Land Services Office 4325 S. FTlguea St San Luis Obispo. CA 93401 Attentwa Land Agent Atxvadtib liecordnr tee f- Lxxamrrt Irsnsfa Taos S _10, r �-- I rrlri, it a owwymm *bat Oc astaateralks r,tu \'a1.e is Ten rim S100 W (RAI 11911 a ( I CQW; oed on Fa! Value d Pn1;v p Conrryrd. n• I I Cougw ed on Fu% Yduc I zu Lions /AV*C gnbrWts Reprnirg S: 71M of Sate Sigmaure of ditw-W (r 40q,& nn1r,ng _u LD 2228-12-1390 :0)'9154 fL'-040111 1 09 I Sam Fncrwchrrun re Dd Rin RaW C,u Trarusrus,x, I .n: 305 (APN 050.101-(101) ITEM NUMBER DATE: 10-5-10 JULIE RODEWPI 11 Sar Lzia Obispo Ca - cirk,"rorel, l tllr7t11 VilalChack Nalrak C r : 2010031654 1tlew ' Pogea 12 CSI III.IIil�II1111N To[ � 010 vxo si; ro ENCROAC'KWWr AGRIEEMF.NT Tis Agtrement (this `AweemeoC) is made and entered into thls,jq day of _ auew.be,e, , 20 py by PAC'ITICGAS AND LLEC'MC COSIPAVY, a California coq-matwn, bereinaftcr cal!cd -PG&E". and DENNIS E. JOHNSONand COLLEEN V1. JOILVSON, 'I'naters of Tix John" Re%ocable Livirg Triel dated August 11, 2003, hcrri"'Ler called "Ow aers " KLCITA A. Ow-crs are the fee title owners of certain real prnperty %:thin the County of San Luis Obispo, Slate of California, Assessor's Pjwtel \utrbcf 050-101-001 (ixreir•ufter, the "Property-) krsily de-scnbed in F iLhib(t "A" attached hereto and mace a pan hereof B PG&F. is the owner of a cenair- camment and right -of -war for Ess rcpt line facilities wvJ for all other pxposts connected therewith, ai act forth in the decd frnan Fred F. JwLum and wife to PG&E dated lune 15, 1961 and recorded in Book 1 134 of Official Records at pale 575, Satz Luis Obispo County Reoords (the "Easement') %hick provides in part that Ytrst party shall not cm -t or cotL%rsuct any building ca otter structure, or drill or o;xratc any wtil, or wtutnict any rewn•oir or other obwucw.n on said %trip". The 50 -foot wide snip of land desmbad in the Essecxat is herci--s x-: rcfcrtcd to as the " Emement Area' ITEM NUMBER DATE: 10-5-10 ATTACHMENT 4: Encroachment Agreement PLN 2010-1380 / CUP 2010-0254 8605 Del Rio Road C. Owners acquired the Property on which an existing barn and associated improvements (the "Improvements") wive constructed. A portion of the Improvement% were constructed within tdx Eascm.cnt Arra. The portion of the Improvements corL-,uwtcd within the Easement Area (the "Encroachment Area") %io'atcs the prohibition against buildings or other structures contained in the Ewx-mcnt. The Exscroachrrent arca is Iegally described in Exhibit "B and shown on &.c rmap attachai as Exhibit "C", both of %bch are attachevl hereto and made a part hereof. D. thenen% have requested that PG&E giant to Owners permi_esion to maintain and u-,4 the portion of the Improvements located within the Easement Area. PG&F has determined that the Improvement.,, do not interfere with the present Rill use of the Fasrmrnt Arca by PG&F• and PG&E is therefore willing to agree to allow such encroachment on the Easement Arca on the terms and subject to the conditions set forth herein. NOW, "I'HF-REFORE, in consideration of the foregoing and for other good and valuable consideration, the receipt and sufficiency of which arc hereby acknowledged. Owners and PG&E hereby agree es follows: 1. Consent to Encroachment. Notwithstnnriirts the prohibition in the Easement. PG&E hereby consent_% to the encroachment of the Improvements onto the Easement Area by approximately fifteen (IS) feet, in the manner and location as more specifically set forth in Exhibit "I3" and Exlbiblt "C" subject to the terms and conditions sd forth herein. In addition, Owners shat! have the right of ingress and egress over the Easement Area to obtain access to the Encroachment Arca and the Improvements when ne emary to fulfill 0%wicts' obligations under this Agreement, in such areas as PG&E determines, in its sole and a'osolute discretion. will occasion the least practicable damage and inconvenience to PG&E. its facilities and operations. 2. Govemmental Approvals. This Agreement shall not become effective. notwithstanding that it may have been executed arid delivered by the parties, and Owners shall not commence any activity hereunder, unless and until the California Public Utilities Commission (the 'CPUC") approves this Agreement by an order which is final, unconditional and unappealable (including exhaustion of all administrative appeals or remedies before the CPUQ, and the terms and conditions of such CPUC approval are satisfactory to PG&F, in its sole and absolute discretion. This Agrremettt is made sub�o�t to all the 6 � of such approval, as more particularly set qtr LTr. C+qS- \o. in like forth in CPUC Decision ,.t n u�.n� (Application Adtitct:.k� RcI5-Ci_), mariner as though said provisions wens set forth in full herein. 3. rcr mination: Restoration. P(:&F may terminate Owners' rights under this Agreement, at any time, upon ninety (40) day's written notice to Ownem U PG&E• in its sole and ahrnlutr discretion. should determine that Owncrs' use of the Easement Arra is inconsistent with P(:&F's operational needs in the future, or in any way interferes with, impairs or otherwise imlxdes PG&F.'s full use of the facilities installed ur that tnay he installed by PG&F. in the %ieinity of the F.aarment Area. Upon such termination, 0"ners, at Ownem' sole cost and expense, sball remo%c all Improvements that encroach upon the Fawment Arca and shall repair and restore the Easement Arca as nearly as possible to the condition that cxiued prior to the construction of said Improvements, 0,A nen %hull pay the entire cost of such rrmo%al and restoration, and PG&E shall havc no liability for am costs ITEM NUMBER DATE: 10-5-10 ATTACHMENT 4: Encroachment Agreement PLN 2010-1380 /CUP 2010-0254 8605 Del Rio Road caused by or related to any such termination. If On nen fail to remove all Improvement'l that encrc►ach onto the Easement area or fail to repair or restore the Propem within -.aid ninety (90) day period, PG&E may perform such removal, repair or restoration as nccv%%ary and recover such cosh and expenses therefor from (hs nen. 0"nen agree to allow see"-% to PG&F. onto the Property for such purpose, and Owner shall pay all such costs and expenses within ten (10) day's of receipt of an invoicr therefor. (hsncr. further acknowledge that PG&f."s termination right shall nuc be affect"] by any Improvements that Owners have made to the Easement Arra, regardless of the nature or extent of those Improvement-.. 0" ncrs undmiand and agrcc that notwithstanding that Owncrc may have made a substantial investment in •uch Improv cots, Onners shall not be entitled to am compensation whalson cr for the ration of Ow nen' rillhts under this Agrccmcnt by PG&E. (Owren to initial her _,). A. Jndc:ttrtif:cation; Relca-.c. - (a) JpAcnLaficatior.. Owners shall, to the riaximum extent permitted by law, indemnify, protect, defend and hold harmless PG&E, its parent corporation. subsidiaries and affiliates, and their respective officers, managem directors, rcprescntaU%,cs. agents, employees, transferees, successom and assigns (each. an "Indemnitee" and collectively, "Indemnitees") from and against all claims, losses (including, but not limited to, diminution in value), actions. demands. damages, costs, expenses (including, but not limited to, experts fees and reasonable attomeys' fees and costs) and liabilities of whatever kind or nature (collectively. "Claims"). wtiich arise from of arc in any way connected with the occupancy or use of the I•:ascment Arca by Owners or Owners contractors, agents, or invitees, or the exercise by Owners of their rights hereunder, or the performance of, or failure to perform, (Avners' ]tries under this Agreement. including, but not limited to. Claims arising out of: (1) injury to or death of persons, including but not limited to employees of PG&E; (2) injury to property or other interest of PG&E, Owners or any thin! Tarty. , (3) violation of any applicable federal, state, or local laws, statutes, regulations, or ordinances. including all legal rcquircmente relating to hurnwi health or the environment. and including any liability which may be impmed by law or regulation without regard to fault; excepting n %, with respect to any indemnitee, any Claim arising firm the sole, active negligence or willful misconduct of such indemnitee. In the event any action or proceeding is brought against any Indemnitee for any Claim against which Owners are obligated to indemnify or provide a defense hereunder, Ow:rers upon written notice fnxn PG&E shall defend such action or proceeding at Owners sole expense by counsel approved by PG&F, which apprcnal shall not be unreasonably withhcld. conditioned or delayed. (b) &JS.ase. Uwners accept all risk; relating to its occupancy and uw- of the Easement Area. PG&E: shall not be liable to Owners for, and Owners hereby waive, release, exonerate, discharge and covenant not to sue PG&E and the other Indemnitees from any, and all liability, whether in oonttact, tort or on any other basis. for any iniury, damage, or loss resitting from or attributable to any occurrence on or about the Fs-.cment Arca, the condition of the Fascm. cm Area, the use or occupancy of the Easement Arca by Owners, or PG&E.'s uprmion and maintenance of PG&E's facilities in the vicir&y of the Exwt t Area, except in the case of any Indemnitee, any injury, damage, of loss arising from the sole, active negligence or willful misconduct of such Indemnitee. ITEM NUMBER: 2 DATE: 10-5-10 ATTACHMENT 4: Encroachment Agreement PLN 2010-1380 / CUP 2010-0254 8605 Del Rio Road 5. Compliance with l.a�-s. Owners shall, at i:s sole cost and cslmLw, prorrpth comply with all laws, statutes, ordiriarces, nates, regulations, roquirements or orders of municipal. state, and federal authorities now in force or that may later be in force, with the conditions of any pemiit relating to 0%7wrs' use or occupancy of the Easement Arra. 6. Alters -ti . Except for the Improvements authorized pursuant to this Agreement, (hvners shall not ccmaituct any Wditional buildings or stnKiures on the Lascmcnt Arca, nor shall Owners make any alteration, addition or improvement to the Easement Area tl`st would incrcme the Esxroachmrnt Area either horizontally or vertically. (hvner shall not drill, bore or excavate on the Ensm, ent Arra except in connection with the remmal of the Improvements as required by this A�,, rcm nt. 7 Damage or Destruction. In the event that the Improvements which cncnwh onto the Easement Arcs shall be destniyed or dcmol:shrd. Owners shall not rebuild the Improvements on any part of the Easement Arra except pursuant to pians and specifications approved by PG&E. R. Qggition of Gucment Area. Owners accept the f:ncroschment Area and the Easement Arra in its existing physical condition, without %varranty by PG&E or any duty or obligation on the pan of PG&F to maintain the Easement Arra. Owners undcn-tand that numerous hazards, environmental or othcnvise, may be located in. on, o: underlying the Easement Area, and that hazardous materials may be used in connection with PG&F. facilities that iray he operated in tl c Easement Arm and agues that entry onto the Easement Area is at Ovvnen' sole risk: and cxpcnsc. 9. h12Lgtcn%I&. Owncrx shall be responsible for the main tcn ince of the Improvement: in good condition and repair, and Owners shall coordinate all activities regarding the maintenance of the Improvements to reasonably minimize any interference with the use by PG&F. of the Easement Area, and Ownerms shill uondw. their activities in such a manner so as not to endanger the F st-ment, the environment and human health and safety. Ow:icrs shall be responsible for remediation of any hazardous materials release caused by Owners, and to clears and remove debris and/or promptly repair any damages to the Easement Ana following any entry or activity by Owners, returning the Easement Area to a like o: better condifiom 10. Rescived Rig its. PG&E rescmes the right to use the Easement Area for such purposes as it may deem neccsaary or appropriate if, and whenever, in the interest of its service to its patrons or consumers or the public. it shall appear necessary or desirable to do so. Furthermore. PG&E rrsm s the right to restrict access to the Fascmen: Arra if ervergency rrlvirs o: maintenance are required to PG&E facilities in the vicinity of tee Easement Arca I.. Ln swance. Prior to the Effective I)ate of this Agrremrnt, Owners shall procure, and thereafter Ouners shall carry and maintain in effect at all times Lie following insurance: Worker's Compensation in compliance with applicable labor codes, acts, laws or stator, state or fodml, where Owners perform work and hinployer's Liability insurance with limits no: to be Iecs than S 1.000.000 for injury or death, tach accident; Commercial General Liability for bodily injury and property damage with limits of not less than $1,000,000 each occurrrnceS2,000,000 aggregate. Business Arno, oode 1 "any auto" combined single limit no less than 51,000.000 each accident. ITEM NUMBER DATE: 10-5-10 ATTACHMENT 4: Encroachment Agreement PLN 2010-1380 /CUP 2010-0254 8605 Del Rio Road Owners we ata) responsible for causirug their agents. contractors and subcontractors to comply with the insumince requirements of this Agreement at all relevant times. 12. N1n ix. Any notices or commtmicatiors hereunder shall be in writing and shall be personally delivered or sent by first class mail, certified or registered, postage prepaid, or sent by national ovcrnight courier, with charges prepaid for next business day delivery, addressed to the addresser party at its address or addresses listed below, or to Such other addrem or addresses for a party as such party may from time to time designate by notice given to the other party. Notices shall be deemed raeived, if sent by personal delivery upon actual receipt by the party being sent the notice, or on the expiration of thrix (3) business days ager the date of mailing. or on the following business day if sent by o%rrnight courier If to PG&E: Pacific Gas and Electric Company Technical and land Services 4325 S. Iliguera St. San Luis Obispo. CA 93401 Anrntion_ Land Agent With a copy to: Pacific Gas and Floctric Company P.O. Box 7442, Mail Code B30A San Francisco. California 94120 Ancntion: Grant Guerra If to Ch%mers: lknnis E. and Collocn M. lohrL" W Ikl Rio Road Atascadero, CA 93422-1229 13. Gt)vc tting La -w. This Agreement shall in all respects be interpreted, enforced, and governed by and under the laws of the State of California. 14. Entim A . This Agreement and the Easement, suivrxcdc all previous oral and written agreements between and representations by or on behalf of the parties and constitute the cntire agreement of the panics with respect to the subject matter hereof This Agreement may not be amended except h% a written agreement executed by the parties. 15. Binding Effect. This Agreement and the rnvcnanu and agreements contained herein shall be binding upon, and shall inure to the benefit of. the panics hereto and their respective heirs, %wxvs.4ors and assigns (subject to the provisions of Section 17 below). No assignment or delegation by Owners, whether by or.crat-on of law or othcn.i.w, shall relieve Owners of any of ITEM NUMBER DATE: 10-5-10 ATTACHMENT 4: Encroachment Agreement PLN 2010-1380 /CUP 2010-0254 8605 Del Rio Road thew duties, Obligations or liabilities hacundez. in whole or in past I hoc covrrant� of (hvlx^rs haewxler sha11 nm with the land. 16. Asmoment This AFrcemmi and the rights of Ounrn h=t::x!cr = apppurtcr=i to the Property pros mdy owned by Owners and may not he squirutely assigned. trartsferrai, conveyed or enctttnbcred. Any pusportod asmprricnt tr=fer, conveyance or crx-=brnncc violating the foregoing condition shall be void ant of rxo effect 17 A c:arv9• Fess. Shw)uld either party bring an wwo agairw the otha party, by reason of os alleging the failure of the other pam with resMi to any or all of its obligations hereunder, whc'Jvt kv dmIztrai►ny or other relief, then ;he path- which prevails in stxh action Shall he entitled to its reswnable attorueyY' fm (ot'both in-house and outside counsel) and expenses related xs such action, in aMition to all other recovery or relief. A party shall he deemed to have prevail&l in any rich action {without limiting the generality of the foreb-oir►gl rt'such act: -on is dismissed upon the payment by the other perm• of the stuns allct,'edly due or the performance of obligations allegedly not eorrrpi►al with, or if such party obtains sut►st mially the relief so,rgitt by it in the act on, irremectiv,e of %f ev lucr such action is prosecuted to jWpnatt 18. 1MeLvaI of Ublt orK. (h►•ttets' oblipuitms under Sectiortc 3 a -)d 4 of this A j7ranatt, and all rtp[esentatiorta, w•arraatties, indemnities or other provisions which by their acture survive ternination shall survive the exercise of PG&F's termination rights pumumt to Section 3 of this Agrecmemt. 19. No R aivrt. No waiver with respcti% to say pnrvi%xr,► of this Agreement shall be effective reales in writing and sig<sed by the partysttrtivt whom rl ►s sane-ncd. No wwwr of any pcovimcm of this Agroemmi by a party svtall be constrtsc+d it, a waiver of any subsequent breach or failtirc of the same term or corsiition, or as a waiver of nny other provis&xt of this Agreement. 20. Capttun% Th: ca, tw-w in this Agrecr.►cn: arc roc reference ordy and vhall in no wary define or interpret arty prt)vts;on hereof. 21. ]N%v Agreement may he enectrtc>d in identical coLnterpart copies• each of which shall be an original, but all of which taken ;orrthe• stall constitute one and the same agreement. 22. FttvrQ -%. c)%mm hereby cormw, and agree to the f000niing by YG&h of this Agreemm against the Property. Owners agree to sign any addrional docusncns masonAN) m-gwred to complete such recording. 23 & ifimliiaff F4Kmcnt Except as modified by this Agreement in regard to the Property. all of the terms, conditions and provisions o.` clic Ease nertt shall remain in full force and cfTctt and we hereby ratified and confirmed. To the extent the terms of the Laaerncnt are inconsistent with this Agrc%mcnt, the tc:ms of this Agrremcnrt than control. 6 ITEM NUMBER DATE: 10-5-10 ATTACHMENT 4: Encroachment Agreement PLN 2010-1380 /CUP 2010-0254 8605 Del Rio Road LN %%7TXF&S WHEREOF, the partes hA%v c�aL:ai this Agymmcrn as of the day wbd per first set forth above PACWIC GAS AND ELECTRIC COMPANY. a California cocporatioo By •cUA C,i¢iicxti Ntiuvg-cr. Land and Acyuiiibon 1And"Fitvinxnnen:al Nlanaprmcn: Omflus E. Johnsm as trusts aforcurid C'o�in'M Johmm M Ooe aforr.+sid Are 4, Missica Trsd Repm Los P&!m I>.,»K» LAM SWV6W OfRcs San irami.w LVa wm f LNWo mt Ow Trsrrssustoo TZLS. R12E. KID11 S 7, swko l IFRC LJcame Nuambeq NA PG&E L)m%%w t Nusber(s) R-3339. Sb 10 PLAT NO L.D of my artaroa! dxuneffu. 22211.12-"l W of any Cres%.rekrcoceddocuama NA n"K- OF r%'M cf ST 11h,511 CITE Pwd Number NA (1•ar Qumdm=% %bccF qu=bzmcdk NA Order a or PM 0: 200HIfA XW: 22 -DWI Camp. Ssa Las Obispo LFWity Sceia Nuntm NA 351 Appro,slAtrtkrtxaNn Y52� Resotuuo l r 3Q45 (s Prc+4-edBy TL1 ZIP —lvtkAIIzc,0 Cbecked By7 ATTACHMENT 5: Categorical Exemption PLN 2010-1380 /CUP 2010-0254 8605 Del Rio Road ITEM NUMBER: 2 DATE: 10-5-10 CITY OF ATASCADERO NOTICE OF EXEMPTION 6M)7 EI Cunuau Rcul Auscada m CA 91422 nut 461 WW) Date Received for filing TO ® File FROM Alfredo R Castillo. AK P Assistant Planner City cd' Atascadmi "7 EI ('amino Ra:al Ataawdcro. CA 93422 SUBJECT Filing of Notice of Dctcrmination in Compliance with Section 21152 of the Public Reuvi ce% Coale e%CgLjdc 1'1.%:OIO-1310 ('txtdititm !t'wPesnut201()`0254 Pragrxt I.otianon 8605 Del Rio Road. Atascadero. CA 93422. Can Luis (Nii.pa ('Canty Prier t DOscrinlaon ('ondiii(nai l'sc Pcrmit to allons an rncrsiicd accessory stniCturc I%%(v % o p utrage) approximately 1. S20 sf that has been previously construc•tcd %ithout building permits IS&= t1Cl'ul' Ciry of Ataxadero Name of 11cf-u t or i=cN Cam ince lout Proiw Dentis & Colleen Johnson (applicants) Fxcrnpi Sums. ti4n.ass6+mac IMrfll Emorwa7 hgaiiwa 151`17AHwdwo 14i Wn1 I itar�anti (Sat 1!le 609"4 ftdr t!mpss Isar 1!001 t I I -no (Saar Ism) Rca_*�ns nb3, trC9ect L rc[ittr Class I of the California Environmental Quality Act (CEQA) Ikvtiom 15301. Existing structures or facilitiri not expAnding existing uses) exempts existing structures insolving no expansion beytxad that shat a existing at the trmc of the Lead Agem-)'s determination C'onwi Pcrum Alfrc&R Castillo, A1CP (905 1461 -5000 ext 3436 4, G a- jhK Sepuniba 15.2010 .Alfredo R Castillo. A)CP • wmant Planner ITEM NUMBER DATE: 10-5-10 ATTACHMENT 6: Draft Resolution PC 2010-0019 PLN 2010-1380 /CUP 2010-0254 DRAFT RESOLUTION NO. PC 2010-0019 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING PLN 2010-1380 / CUP 2010-02549 A 19520 SQUARE -FOOT ACCESSORY STRUCTURE THAT EXCEEDS 50 PERCENT OF THE SIZE OF THE PRIMARY RESIDENCE (JOHNSON) WHEREAS, an application was received from Dennis and Colleen Johnson, 8605 Del Rio Road, Atascadero, CA 93422, (Owner/Applicant), for a Conditional Use Permit to allow a 1,520 square -foot accessory structure; and, WHEREAS, the proposed project has a General Plan Designation of Residential 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 zone (RS), which allows for the proposed use and density when certain findings are made; and, WHEREAS, a Conditional Use Permit is required to allow an accessory structure larger than 50% of the primary structure's square -footage; and, WHEREAS, the proposed project qualifies for an Categorical Exemption consistent with CEQA section 15301 Existing Structure and not expanding existing uses; and, WHEREAS, the Planning Commission held a duly noticed public hearing to consider the proposed Minor Conditional Use Permit application on October 5, 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 1, Section 15301 of the California Environmental Quality Act. ITEM NUMBER: 2 DATE: 10-5-10 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 operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and, 4. That the use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 5. That the proposed use will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on October 5, 2010, resolved to approve Conditional Use Permit 2010-0254, subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Site Plan EXHIBIT C: Floor Plan & Elevations ITEM NUMBER: 2 DATE: 10-5-10 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: CITY OF ATASCADERO, CA Heather Moreno Planning Commission Chairperson ATTEST: Warren Frace Planning Commission Secretary ITEM NUMBER DATE: 10-5-10 EXHIBIT A: Conditions of Approval PLN 2010-1380 / CUP 2010-0254 Conditions of Approval Timing Responsibility /Monitoring PLN 2010-1380 / CUP 2010-0254 PS: Planning Services Address: 8605 Del Rio Avenue 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 Attorney Planning Department Standard Conditions 1. This Conditional Use Permit shall be for a detached 1,520 square foot Ongoing PS workshop/garage as described on the attached exhibits and located on parcel APN 050-101-028 (8605 Del Rio Road) 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 approved plan. The Planning Commission shall have the final authority to approve any other changes to the Conditional Use Permit. 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. A deed restriction for no residential occupancy / may not be converted BP PS to a 2nd unit due to the PG&E gas line structure encroachment shall be signed by the applicant prior to issuance of a building permit. EXHIBIT B: Site Plan ITEM NUMBER: 2 DATE: 10-5-10 its f I f ► i ;la gnu • DMI4115 JOW4504Y rT r7 O 0005 DCL RIO ROAD S r.�tscrss:s RF s ATASCADERO • CA. Z� a 0 APN. 050 - 101 - 001 EXHIBIT C: Floor Plan and Elevations ITEM NUMBER: 2 DATE: 10-5-10 Y) (�C�t6 JO]"WN - A9 MJLT 71T.'LTAILxTA� 1 f}�!,y}? tr7b- 1 S A = KID oaf Arw C404> -C& '�,ZJ�,` 9 1•iA(w'Z�(' CJl1CR��l/4a r... �, t Sia' j -----------__--- r ---L- ------------- I O . c 3 I, (�C�t6 JO]"WN - A9 MJLT 71T.'LTAILxTA� 1 f}�!,y}? tr7b- 1 S A = KID oaf Arw C404> -C& '�,ZJ�,` 9 1•iA(w'Z�(' CJl1CR��l/4a r... �, t Sia' ITEM NUMBER: 2 DATE: 10-5-10 (HIBIT C: Floor Plan and Elevations 7�. Lw 1-7 tiiCw+m -71flr E JO-AeCK - Ab BUL' MO, I io; 9 t M4 0; JIM -1-1— re p ON* M 1W Waw.^ft4 CbOIV-W A'AbCJZePO CJ4jkCft4A "4V IMA Lw 1-7 tiiCw+m JO-AeCK - Ab BUL' MO, I io; 9 t M4 0; JIM p ON* M 1W Waw.^ft4 CbOIV-W A'AbCJZePO CJ4jkCft4A "4V