HomeMy WebLinkAboutPC_2009-10-06_AgendaPacketCITY OF ATASCADERO
PLANNING COMMISSION AGENDA
Regular Meeting
Tuesday, October 6, 2009 — 7:00 P.M.
City Hall
Council Chambers
6907 El Camino Real
Atascadero, California
CALL TO ORDER
Pledge of Allegiance
Roll Call: Chairperson Jack
Vice Chairperson Moreno
Commissioner Bentz
Commissioner Colamarino
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)
1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION
MEETING ON AUGUST 18, 2009.
City of Atascadero Planning Commission Agenda
PUBLIC HEARINGS
Regular Meeting, October 6, 2009
Page 2 of 4
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 2009-1337, CONDITIONAL USE PERMIT FOR 7275 TECORIDA AVE.
Property
Jeffrey and Jennifer Smith, 7275 Tecorida Ave., Atascadero, CA 93422
Owner/Applicant:
Project Title:
PLN 2009-1337 / CUP 2009-0243
Project Location:
7275 Tecorida Ave., Atascadero, CA 93422
APN 030-351-016 (San Luis Obispo County)
Project
The proposed project consists of an application to construct an oversized
Description:
detached accessory garage and workshop at the subject property. The
proposed detached garage and workshop is 1,602 square feet. The
Atascadero Municipal Code allows accessory structures larger than 50% of
the primary residence through approval of a Conditional Use Permit.
General Plan Designation: SFR -Y
Zoning District: LSF -Y
Proposed
Exempt per Section 15303: New Construction or Conversion of Small
Environmental
Structures including accessory structures.
Determination:
COMMUNITY DEVELOPMENT STAFF REPORTS
3. DOWNTOWN DESIGN GUIDELINES
Staff Presentation. Not an action item.
City of Atascadero Planning Commission Agenda
COMMISSIONER COMMENTS AND REPORTS
DIRECTOR'S REPORT
ADJOURNMENT
Regular Meeting, October 6, 2009
Page 3 of 4
The next regular meeting of the Planning Commission is scheduled for October 20, 2009, 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 6, 2009
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: 1
DATE: 10-6-09
CITY OF ATASCADERO
PLANNING COMMISSION
DRAFT MINUTES
Regular Meeting - Tuesday, August 18, 2009 — 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 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 Annette Manier
Staff Present: Community Development Director Warren Frace, Deputy Director
of Public Works/Engineering David Athey, and Associate Planner
Callie Taylor.
APPROVAL OF AGENDA
MOTION: By Commissioner Bentz and seconded by
Commissioner Sturtevant to approve the agenda.
Motion passed 7:0 by a roll -call vote.
PC Draft Minutes of 08/18/09
Page 1 of 5
PUBLIC COMMENT - None
Chairperson Jack closed the Public Comment period.
PLANNING COMMISSION BUSINESS - None
CONSENT CALENDAR
1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION
MEETING ON JULY 21, 2009.
MOTION: By Commissioner Bentz and seconded by
Commissioner Colamarino to approve the Consent
Calendar.
Motion passed 6:0 by a roll -call vote. (Schmidt
abstained)
COMMUNITY DEVELOPMENT STAFF REPORTS - None
PUBLIC HEARINGS
DISCLOSURE OF EX PARTE COMMUNICATIONS:
• No Ex Parte communications.
2. PLN 2009-1335, CITYWIDE ZONE TEXT UPDATE
Applicant:
City of Atascadero, 6907 EI Camino Real, Atascadero, CA 93422
Project Title:
PLN 2009-1335, Citywide Zone Text Update
Project Location:
Citywide, Atascadero, CA 93422, (San Luis Obispo County)
Project
The project consists of revisions to portions of Title 9 Planning and Zoning, of
Description:
the Atascadero Municipal Code (AMC). The proposed text updates consist of
minor amendments for consistency and clarification of the code, including the
following:
• Conditional Use Permit extensions
• Land use descriptions for "auto dealers (new and used) and
supplies" and "sales lots"
• Update zones which allow "sexually -oriented businesses" to be
consistent with AMC section 9-16.03 (Adult -Oriented Businesses)
• Land use definition for "food and beverage retail sales"
• Land use definition for massage/spas and "personal services"
Proposed
The California Environmental Quality Act (CEQA) (Section 15061.(3) Review for
Environmental
Exemption) exempts activities which are covered by the general rule that CEQA
Determination:
applies only to projects which have the potential for causing a significant effect
on the environment.
PC Draft Minutes of 08/18/09
Page 2 of 5
Associate Planner Callie Taylor gave the staff report. The Commission discussed each
item individually and asked questions of staff on each proposed change before coming
to a consensus on approval. Associate Planner Callie Taylor and Community
Development Director Warren Frace answered questions from the Commission.
PUBLIC COMMENT
None.
Chairperson Jack closed the Public Comment period.
MOTION: By Vice Chairperson Moreno and seconded by
Commissioner Bentz to adopt PC Resolution 2009-0027
recommending that the City Council introduce an
ordinance for first reading by title only to approve PLN
2009-1335/ZCH 2009-0155 based on findings, with the
following changes:
Section 9-2.113 (e) Permit time limits. Wording in the last
sentence will change to the following: This provision
shall apply retroactively and as a result, any Conditional
Use Permit which expired prior to the effective date of
this ordinance, but which was approved as part of a
Planned Development with a corresponding Tentative
Map, as still active, shall no longer be considered
expired but shall instead be deemed active and subject
to expiration only if and when the corresponding map
expires without having been recorded.
Section 9-3.701 Purpose. Auto Dealers. Limit boats to
FBSA Class A and Class 1; define "light duty trucks" as
US DOT Class 1, 2, and 3. Sales Lots: allow sales of
boats FBSA Class 2 & Class 3; define "heavy
commercial trucks" as US DOT Class 4 through 8.
Section 9-3.701, Purpose. Dating and escort services
will be kept in the Personal Services land use
description at this time.
Motion passed 7:0 by a roll -call vote.
PC Draft Minutes of 08/18/09
Page 3 of 5
3. PLN 2009-1328, HOUSING ELEMENT UPDATE
TO BE CONTINUED TO SEPT. 1, 2009
Applicant:
City of Atascadero, 6907 EI Camino Real, Atascadero, CA 93422
Project Title:
PLN 2009-1328, 2009 Housing Element Update
Project Location:
Citywide, Atascadero, CA 93422, (San Luis Obispo County)
Project Description:
The project consists of amendments to the 2009 Housing Element Update. The
purpose of this public hearing is for the Planning Commission to take public
testimony on the proposed amendment and formulate a recommendation to the
City Council. The Planning Commission will consider a draft of the 2009
Housing Element Update and provide the public an opportunity to make
comments. Staff and the City's Consultant will present information on the
following:
• Housing Element Update Process
• Regional Housing Needs Allocation
• New State Laws affecting Housing Element Content
• Review Draft Housing Element
Proposed
The California Environmental Quality Act (CEQA) (Section 15061.(3) Review for
Environmental
Exemption) exempts activities which are covered by the general rule that CEQA
Determination:
applies only to projects which have the potential for causing a significant effect on
the environment.
COMMISSIONER COMMENTS AND REPORTS
Commissioner Schmidt had discussion with the Atascadero Mutual Water Company
(AMWC) about water meter fees. He asked if the City would consider creating a water
impact fee program, based on the water use of either the residence or business.
Community Development Director Warren Frace said that the City does not provide the
water, and does not have any direct regulatory control over the AMWC. The City's only
angle is to work cooperatively with them, and this item will come up during the Housing
Element meetings.
Commissioner Ward said he heard a complaint about the Building Department, which
was a surprise to some Commission members, because the City has been making great
strides in becoming customer and business -friendly. Chairperson Jack asked Director
Frace to address this in the Director's Report.
Chairperson Jack said that his letter to City Council on the sign program did not get
approved. It may be brought back to life in the future, however, he is able to meet with
Community Development Director Warren Frace on some things so that he can work
with staff to give them a hand.
PC Draft Minutes of 08/18/09
Page 4 of 5
DIRECTOR'S REPORT
• In regards to the above -referenced complaint about the Building Department,
Community Development Director Warren Frace stated that all complaints should
be directed to either himself or the Building Official, Ken Forman, so that he has
an opportunity to look into it. As far as plan check, there are a lot of changes that
have come down from the State that staff has no control over in regards to new
regulations and new codes. He will be briefing City Council at their next meeting
on new rules.
• Community Development Director Warren Frace announced that the next
meeting is scheduled for September 1, 2009, and the Commission will be making
a recommendation to City Council on the Draft Housing Element.
• We are still waiting for Walmart to submit a final plan. No new news to report.
• The Community Development Department has lost Tara Orlick, Permit
Coordinator, who transferred to another department, and her position has been
frozen. The public now checks in with the Central Receptionist in the Customer
Service Center. Associate Planner Callie Taylor and Senior Planner Kelly
Gleason will be on leave soon, and we are hiring a temporary person to fill those
positions.
• The deconstruction plans for the deconstruction of the historic City Hall building
(6500 Palma Ave.) came in and are in plan review. The schedule is to start the
deconstruction next year. The construction will be in three phases; Phase 1 —
deconstruction, Phase 2 and Phase 3 - reconstruction.
• Printery Update: We have been trying to get the property owner to secure the
building, through the mothballing process, and haven't had any luck getting the
work done. The City Council has directed the City to take the lead on the work.
The City Attorney is looking into the issue of how to move forward.
ADJOURNMENT - 8:32 p.m.
The next regular meeting of the Planning Commission is scheduled for September 1,
2009, at City Hall, Council Chambers, 6907 EI Camino Real, Atascadero.
MINUTES PREPARD BY
Annette Manier, Recording Secretary
Il Cityhalllcdvlpmnh- PC MinuteslPC Minutes 091PC Draft Minutes 08 18 09.doc
PC Draft Minutes of 08/18/09
Page 5 of 5
ITEM NUMBER: 2
DATE: 10-6-09
Atascadero Planning Commission
Staff Report — Community Development Department
Warren Frace, Community Development Director, 470-3488, wfrace@atascadero.org
PLN 2009-1337
Conditional Use Permit for
Oversized Accessory Structure
7275 Tecorida Avenue
(Smith)
SUBJECT:
The proposed application consists of a request to allow an accessory garage and
workshop which exceeds 50% of the primary residence.
RECOMMENDATION:
Staff Recommends:
Adopt resolution PC 2009-0030 to allow a 1,602 square -foot garage and workshop
based on findings and subject to conditions of approval.
SITUATION AND FACTS:
1. Property Owner: Jeffrey & Jennifer Smith, 7275 Tecorida Avenue,
Atascadero, CA 93422
2. Project Address: 7275 Tecorida Avenue, Atascadero, CA 93422
APN 030-351-016
3. General Plan Designation: Single -Family Residential (SFR)
4. Zoning District: Limited Single -Family (LSF -Y)
5. Site Area: 0.71 acres
6. Existing Use: Single -Family Residence
7. Environmental Status: Class 3 Categorical Exemption: New Construction or
Conversion of Small Structures
ITEM NUMBER: 2
DATE: 10-6-09
DISCUSSION:
Background
The subject lot is 0.71 acres with an existing 2,056 square foot single-family residence
and 484 square foot attached garage. The lot is flat with native oak trees located at the
rear of the property. The applicant is proposing a 1,602 square foot detached garage
with a workshop and storage on the second floor. The proposed garage and workshop
will be located along the northern property line.
ANALYSIS:
A new 1,602 square foot detached garage and workshop is proposed to be constructed
in the location of an existing shed. The existing shed is less than 120 square feet and
will be relocated on the property. The Atascadero Municipal Code Section 9-6.106 limits
the size of detached accessory structures to less than 50% of the primary residence.
The Municipal Code allows detached accessory structures to be larger than 50%
through approval of a Conditional Use Permit.
Municiaal Code Section 9-6.106:
"Floor Area. The gross floor area of a detached accessory structure is not
to exceed fifty percent (50%) of the gross floor area of the principal
structure. "
"Detached accessory structures that exceed size requirements are subject
to the approval of a minor conditional use permit."
The existing residence is 2,056 square feet with an attached 484 square foot garage.
The Municipal Code Section 9-6.106 limits the size of a detached accessory structure to
1,270 square feet (50% of the residence) without approval of a Conditional Use Permit.
The proposed garage and workshop exceeds the allowed size by 332 square feet.
The proposed garage and workshop will include a utility sink on the first floor with a
sink, toilet, and utility shower on the second floor. These plumbing fixtures are
consistent with the Municipal Code Definitions Section 9-5.020. The first floor is
proposed as a garage with workspace. The second floor is proposed as additional
workspace and storage. An exterior staircase will provide access to the second floor. A
deed restriction will be required limiting the building to non-residential purposes.
Proposed construction will not impact the several large native oak trees located at the
rear of the property.
ITEM NUMBER: 2
DATE: 10-6-09
Site Plan
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ITEM NUMBER: 2
DATE: 10-6-09
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ITEM NUMBER
DATE: 10-6-09
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ITEM NUMBER: 2
DATE: 10-6-09
Findings Conditional Use Permit
A Conditional Use Permit is required for the granting of the requested additional square
footage for the detached garage structure. The Planning Commission must make the
following findings to approve the oversized garage. 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: The use is 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, the project satisfies all zoning code provisions
related to single-family accessory structures with Planning Commission approval of
the size exception.
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, the proposed development 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: The project 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
surrounding neighborhood that would result from full development in accordance
with the Land Use Element.
Staff Comment: The proposed project will not generate any additional traffic and is
consistent with the traffic projections and road improvements anticipated within the
General Plan.
ITEM NUMBER: 2
DATE: 10-6-09
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, to construct a 1,602+/- square foot accessory structure which
exceeds the 50% of the size of the main residence, is consistent with the Atascadero
General Plan and Municipal Code Section 9-6.106 as conditioned.
ALTERNATIVES:
1. The Commission may approve the project with additional or revised project
conditions.
2. The Commission may deny the project if it is found that the required findings cannot
be made. The Commission's motion to deny must include a finding for denial.
3. The Commission may continue the hearing and refer the item back to staff for
additional information or analysis. Direction should be given to staff and the
applicant on required information.
ATTACHMENTS:
Attachment 1 — Location Map (General Plan & Zoning)
Attachment 2 — Aerial Photo
Attachment 3 — 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 2008-0051
Prepared By: Scott Kaiser, Planning Intern
ITEM NUMBER: 2
DATE: 10-6-09
ATTACHMENT 1: Location Map (General Plan and Zoning)
PLN 2008-1299 / CUP 2008-0231
7275 Tecorida Ave.
N
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o Project Site
q 7275 Tecorida Ave.
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Zone: RSF-Y
Land Use Designation: SFR -Y
ITEM NUMBER: 2
DATE: 10-6-09
ATTACHMENT 2: Aerial Photo
7275 Tecorida Avenue
�. , `ti's ► - it4 Project Site
7275 Tecorida Ave.
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ITEM NUMBER
DATE: 10-6-09
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 are fenced as required by Section 9-6.128.
(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 (2) or more wheel motor vehicle riding
is allowed 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 minor conditional use permit.
(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: 2
DATE: 10-6-09
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)
ATTACHMENT 5: Categorical Exemption
6907 EI Camino Real
TO: ® File
❑ Office of Planning and Research
1400 Tenth Street
Sacramento, CA 95814
FROM: City of Atascadero
Community Development Department
6907 El Camino Real
Atascadero, CA 93422
ITEM NUMBER: 2
DATE: 10-6-09
CITY OF ATASCADERO
NOTICE OF EXEMPTION
Atascadero, CA 93422 805.461.5000
Date Received for Filing
SUBJECT: Filing of Notice of Determination in Compliance with Section 21152 of the Public Resources Code
Project Title
PLN 2009-1337 CUP 2009-0243 OVERSIZED ACCESSORY STRUCTURE
Project Location (Include County)
7275 Tecorida Avenue
Atascadero, CA 93422 (San Luis Obispo County)
APN 030-351-016
Project Description
The proposed project consists of an application to construct a 1, 602 square feet detached accessory garage and
workshop at the subject property.
Name of Public Agency Approving Project
City of Atascadero
Name of Person or Agency Carrying Out Project
Jeffrey and Jennifer Smith
7275 Tecorida Avenue
Atascadero, CA 93422
Exempt Status:
❑ Ministerial (Sec. 21080 (b)(1); 15268)
❑ Declared Emergency (Sec. 21080(b)(3); 15269(a))
❑ Emergency Project (Sec.21080 (b)(4); 15269(b)(c))
® Categorical Exemption (Sec. 15311, Accessory Structures)
Reasons why project is exempt:
Class 2 of the California Environmental Quality Act (CEQA) (Section 15302, Replacement or Reconstruction) a mpts
replacement or reconstruction of existing structures and facilities where the new struc be locat a same site as the
structure replaced and will have substantially the same purpose and capacity as t cture c
Date: September 29, 2009
Warren Frace —
Director of Conmuutity Development
Contact Person: Warren Frace, Director of Community Development, City of Atascadero (805) 461-5000
ITEM NUMBER: 2
DATE: 10-6-09
ATTACHMENT 6: Draft Resolution PC 2009-0030
PLN 2009-1337 / CUP 2009-0243
DRAFT RESOLUTION NO. PC 2009-0030
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ATASCADERO APPROVING
PLN 2009-1337 / CUP 2009-0243,
A 1,602 SQUARE -FOOT ACCESSORY STRUCTURE WHICH EXCEEDS
50% OF THE SIZE OF THE MAIN RESIDENCE
(SMITH)
WHEREAS, an application was received from Jeffrey and Jennifer Smith, 7275
Tecorida Avenue, Atascadero, CA 93422, (Property Owner/Applicant), for a Conditional Use
Permit to construct a +/- 1,602 square -foot 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 Limited Single -Family (LSF -Y) zone, where the
minimum lot size is one (1) acre, 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 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 October 6, 2009 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: 10-6-09
SECTION 2. Findings for approval of oversized workshop. The Planning
Commission finds as follows:
1. The proposed project or use is consistent with the General Plan and the City's
Appearance Review Manual; and,
2. The proposed project or use satisfies all applicable provisions of the Title (Zoning
Ordinance); and,
3. The establishment, and subsequent operation or conduct of the use will not, because
of the circumstances and conditions applied in the particular case, be detrimental to
the health, safety, or welfare of the general public or persons residing or working in
the neighborhood of the use, or be detrimental or injurious to property or
improvements in the vicinity of the use; and,
4. That the proposed project or use will not be inconsistent with the character or the
immediate neighborhood or contrary to its orderly development; and,
5. That the proposed use or project will not generate a volume of traffic beyond the safe
capacity of all roads providing access to the project, either existing or to be improved
in conjunction with the project, or beyond the normal traffic volume of the
surrounding neighborhood that would result from full development in accordance
with the Land Use Element.
SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a regular
session assembled on October 6, 2009, resolved to approve Conditional Use Permit 2009-0243
to, subject to the following:
EXHIBIT A:
Conditions of Approval
EXHIBIT B:
Site Plan
EXHIBIT C:
Floor Plan
EXHIBIT D:
Elevations & Sections
ITEM NUMBER: 2
DATE: 10-6-09
On motion by Commissioner , and seconded by Commissioner
, the foregoing resolution is hereby adopted in its entirety by the
following roll call vote:
AYES: ( )
NOES: ( )
ABSENT: ( )
ADOPTED:
ABSTAINED:
CITY OF ATASCADERO, CA
Sandy Jack
Planning Commission Chairperson
ATTEST:
Warren Frace
Planning Commission Secretary
ITEM NUMBER
DATE: 10-6-09
EXHIBIT A: Conditions of Approval / Mitigation Monitoring
PLN 2009-1337 / CUP 2009-0243
Conditions of Approval
Timing
Responsibility
/Monitoring
PLN 2009-1337 / CUP 2009-0243
FM; Fiml Map
BL: Business License
PS: Planning Services
GP: Grading Permit
BS: Building Services
Address: 7275 Tecorida Avenue
Fl: 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
Standard Planning Conditions
1. The approval of this application shall become final, subject to the completion of
FM
PS
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 a 1,602+/- square -foot oversized
BP
PS
garage and workshop located on parcel 030-351-016 regardless of owner.
3. The Community Development Department shall have the authority to approve
BP
PS, CE
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 twelve (12) months
BP
PS
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 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 deed restriction for the utility shower, sink, and toilet shall be recorded
BP
PS
prior to the issuance of any building permits to clearly note that the garage
and workshop will not be used as a dwelling unit unless the property and
design standards for secondary dwellings can be met and permits obtained.
7. The approved workshop shall be consistent with attached exhibits B, C, &
BP, Ongoing
PS
D.
8. Fire Department standards for sprinklers shall be met during building permit
BP
FD, PS
review.
EXHIBIT B: Site Plan
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ITEM NUMBER: 2
DATE: 10-6-09
EXHIBIT c Floor Plan
First Floor
ITEM NUMBER
DATE 10-6-09
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EXHIBIT C: Floor Plan
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ITEM NUMBER
DATE: 10-6-09
EXHIBIT D: Elevations & Sections
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3. DOWNTOWN DESIGN GUIDELINES
Staff Presentation. Not an action item.
ITEM NUMBER:
DATE: 10-6-09