HomeMy WebLinkAboutPC_2008-10-21_AgendaPacketCITY OF ATASCADERO
PLANNING COMMISSION AGENDA
Regular Meeting
Tuesday, October 21, 2008 — 7:00 P.M.
City Hall
Council Chambers
6907 El Camino Real
Atascadero, California
CALL TO ORDER
Pledge of Allegiance
Roll Call: Chairperson Fonzi
Vice Chairperson Jack
Commissioner O'Keefe
Commissioner Moreno
Commissioner O'Grady
Commissioner Marks
Commissioner Heatherington
Chairperson will read the decorum guidelines
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
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.
City of Atascadero Planning Commission Agenda
CONSENT CALENDAR
Regular Meeting, October 21, 2008
Page 2 of 4
(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 SEPTEMBER 16, 2008.
PUBLIC HEARINGS
(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 five 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 2008-1299, CONDITIONAL USE PERMIT FOR 8600 SANTA CRUZ RD.
Property Owner:
Robert & Johanna Friedricksen, 8600 Santa Cruz Rd., Atascadero, CA 93422
Project Title:
PLN 2008-1299 / Conditional Use Permit 2008-0231
Project
8600 Santa Cruz Rd., Atascadero, CA 93422
Location:
APN 050-081-015 (San Luis Obispo County)
Project
The proposed project includes an application to construct a 1,976 square -foot garage with
Description:
loft area which exceeds 50% of the size of the main residence.
General Plan Designation: Rural Estate
Zoning District: Residential Suburban
Proposed
Class 3 of the California Environmental Quality Act (CEQA) (Section 15303, New
Environmental
Construction or Conversion of Small Structures) exempts construction and location of
limited numbers of new, small facilities or structures, including accessory structures such
Determination:
as garages.
COMMUNITY DEVELOPMENT STAFF REPORTS
3. CITY PARK AND TRAIL SYSTEM BRIEFING
COMMISSIONER COMMENTS AND REPORTS
DIRECTOR'S REPORT
City of Atascadero Planning Commission Agenda
ADJOURNMENT
The Planning Commission meeting of November 4, 2008 will
meeting of the Planning Commission is scheduled for November
Chambers, 6907 El Camino Real, Atascadero.
Regular Meeting, October 21, 2008
Page 3 of 4
be cancelled. The next regular
18, 2008, at City Hall, Council
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 21, 2008
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 Annex business hours at the Community Development counter 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.
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, (805)
461-5000, or the City Clerk's Office, (805) 461-5000. 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 AGENDA ITEMS
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 podium. If you wish to speak for,
against, or comment in any way:
• You must approach the podium and be recognized by the Chairperson
• Give your name and address (not required)
• Make your statement
• All comments should be made to the Chairperson and Commission
• All comments limited to 3 minutes (unless changed by the Commission)
• No one may speak for a second time until everyone wishing to speak has had an opportunity
to do so, and no one may speak more than twice on any item.
If you wish to use a computer presentation to support your comments, you must notify the Community
Development Department at least 24 hours prior to the meeting. Access to hook up your laptop to the
City's projector will 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 Chairperson 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 Council.
TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA
Under Agenda item, "PUBLIC HEARINGS", the Chairperson will call for anyone from the audience having
business with the Commission to:
• Please approach the podium and be recognized
• Give your name and address (not required)
• State the nature of your business
This is the time items not on the Agenda may be brought to the Commission's attention. A maximum of
30 minutes will be allowed for Community Forum (unless changed by the Commission).
CALL TO ORDER
ITEM NUMBER: 1
DATE: 10-21-08
CITY OF ATASCADERO
PLANNING COMMISSION
DRAFT MINUTES
Regular Meeting
Tuesday, September 16, 2008 — 7:00 P.M.
Chairperson Fonzi called the meeting to order at 7:00 p.m. Commissioner Moreno led
the Pledge of Allegiance.
Pr)l I rAl I
Present: Commissioners Heatherington, Marks, Moreno, O'Grady, O'Keefe,
Vice Chairperson Jack, and Chairperson Fonzi
Absent: None
Others Present: Recording Secretary Susanne Anshen
Staff Present: Community Development Director Warren Frace, Senior
Planner Kelly Gleason, and Deputy Public Works Director David
Athey
APPROVAL OF AGENDA
MOTION: By Vice Chairperson Jack, seconded by Commissioner
Heatherington to approve the agenda.
Motion passed 7:0 by a roll -call vote.
PUBLIC COMMENT
None.
PC Draft Minutes 09/16/2008
Page 1 of 7
PLANNING COMMISSION BUSINESS
DISCLOSURE OF EX PARTE COMMUNICATIONS
• Commissioner Marks reported visiting the site on Item #2 (Navajoa Ave.).
Commissioner Jack reported visiting the Navajoa Avenue site.
• Commissioner O'Grady reported visiting the Navajoa Avenue site.
CONSENT CALENDAR
APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION
MEETING ON AUGUST 19, 2008.
MOTION: By Vice Chairperson Jack seconded by Commissioner Marks
to approve the August 19, 2008, Minutes of the Regular
Planning Commission Meeting as corrected (top of page 8,
first line, change "she" to "he").
Motion passes 7:0 on a roll -call vote.
PUBLIC HEARINGS
2. PLN 2099-0960 RECONSIDERATION OF TENTATIVE TRACT MAP 2004-
0060, 7705 & 7735 NAVAJOA AVE.
Property Owner:
Kinsey H. Tanner, Jr., 5290 Barrenda Ave., Atascadero, CA 93422
Shawn Fragione, BS Developers LLC, 7790 Aragon Rd., Atascadero, CA 93422
Applicant:
BS Developers LLC, 5290 Barrenda Ave., Atascadero, CA 93422
Project Title:
PLN 2099-0960 / Reconsideration of TTM 2004-0060
Project
7705 & 7735 Navajoa Ave., Atascadero, CA 93422
Location:
(San Luis Obispo County) APN 031-183-031, 031-183-032
Project
The proposed project consists of a reconsideration for the previously approved
Description:
Tentative Tract Map 2004-0060 which includes the construction of five new detached
single-family homes on individual lots that will be developed under the requirements of
the Planned Development #25 Overlay District standards within the Residential Multi -
Family (RMF -10) zoning district.
General Plan Designation: MDR
Zoning District: RMF -10
Proposed
Consistent with Adopted Mitigated Negative Declaration 2005-0058.
Environmental
Determination:
PC Draft Minutes 09/16/2008
Page 2 of 7
Senior Planner Kelly Gleason gave the staff report. Senior Planner Kelly Gleason and
Community Development Director Warren Frace answered questions of the Planning
Commissioners.
PUBLIC COMMENT
Bud Tanner, applicant, discussed the trees on the property and answered questions of
the Planning Commissioners.
Chairperson Fonzi closed the public comment period.
Planning Commissioner O'Keefe suggested Condition 14 be changed to "during this
time period, offers may only be accepted from owner -occupied applicants" and exclude
the "city residence" phrase because of the glut of housing on the market and where
homeownership is the key issue, wherever the buyer comes from.
Planning Commissioner Heatherington questioned whether or not there are native trees
on the property, because applicant stated there are some native trees and staff clarified
which trees are native.
Planning Commissioner O'Grady suggested a condition that no tree removal shall
commence until the start of construction except where the arborist designates non-
native trees need to be removed for safety reasons; and second, no native trees shall
be removed.
Planning Commissioner O'Keefe stated because of the impact of the structure, the trees
will not survive, and the Manzanita trees are not native.
Planning Commissioner Heatherington fears removing trees before construction will
create an unsightly piece of land in the neighborhood.
Chairperson Fonzi agreed with Planning Commissioner O'Keefe that the property owner
will look after his own best interest, which would be to keep the trees in the event he
does not build the structure.
Planning Commissioner Marks asked that we not exclude clotheslines in backyards
from the CC&Rs.
MOTION: By Vice Chairperson Jack seconded by Commissioner Marks
to (1) approve Resolution No. PC 2008-0047, approving a
reconsideration of Conditional Use Permit 2004-0139 based on
findings and subject to conditions of approval; and
(2) adopt Resolution PC 2008-0048, approving a
reconsideration of Tentative Tract Map 2004-0060 based on
findings and subject to conditions of approval with the
following added conditions:
PC Draft Minutes 09/16/2008
Page 3 of 7
(a) 24 months rather than 12 months;
(b) There be no CC&R preclusion to clotheslines in
the backyards.
FURTHER DISCUSSION
Planning Commissioner O'Grady expressed concern over removal of trees until grading
and constructions is started.
Planning Commissioner Marks withdrew his second to the motion.
Community Development Director Warren Frace suggested the Commission could
preclude the removal of trees until the start of grading, with the exception of hazardous
trees, which is consistent with the Native Tree Protection Ordinance.
PUBLIC COMMENT REOPENED:
Bud Tanner, applicant, stated an arborist has reviewed the property. There are two
native Manzanita trees on the front of the property and some freshly planted native
Sycamores that have been approved to be removed. He further stated there is an Oak
tree that will remain, and a Corkscrew Willow, which is non-native, that he will attempt to
keep.
Chairperson Fonzi closed the public comment period.
MOTION: By Vice Chairperson Jack seconded by Commissioner Marks
to (1) approve Resolution No. PC 2008-0047, approving a
reconsideration of Conditional Use Permit 2004-0139 based on
findings and subject to conditions of approval; and
(2) adopt Resolution PC 2008-0048, approving a
reconsideration of Tentative Tract Map 2004-0060 based on
findings and subject to conditions of approval with the
following added conditions:
(a) 24 months rather than 12 months;
(b) There be no CC&R preclusion to clotheslines in
the backyards; and
(c) Whatever tree removal is required will not take
place until the time of grading with the exception
of hazardous trees consistent with the
previously -approved arborist's report.
Motion passed 6:0:1 on a roll -call vote.
(Commissioner Moreno abstaining).
PC Draft Minutes 09/16/2008
Page 4 of 7
COMMUNITY DEVELOPMENT STAFF REPORTS
DIRECOR'S REPORT
Community Development Director Warren Frace reported to the Planning Commission
that City Council did pass an ordinance on abstentions, which is not yet in effect. He
explained that if a Commissioner has an abstention and they do not want to have their
vote counted, they would need to announce their conflict and then leave the room. At
that point, he explained, their vote would count as a non -vote or abstention. If they stay
in the room and abstained, the vote would only count in the event of a tie vote, and the
abstention becomes an automatic yes vote which will carry the majority. Community
Development Director Warren Frace then answered questions of the Planning
Commissioners.
Community Development Director Warren Frace reported there will be a staff report to
the City Council on the storm water master permit the submission of a plan to the
Regional Water Quality Control Board.
Next Planning Commission meeting is October 7, 2008. There is an informal study
session where an applicant with a pending development on San Rafael wants the
Planning Commission to review the site, to be held at 5:30 p.m. Tuesday, September
30, 2008. The project will then be placed on the October 7, 2008, agenda.
Due to the candidate's forum on the same evening, there was consensus of the
Commission to reschedule the study session on the San Rafael development to
another date, and staff is directed to return with a new schedule.
Community Development Director Warren Frace announced a neighborhood meeting
on the Eagle Ranch Specific Plan with the Public Works Department, City Council,
Planning Commission and the public for Thursday, September 25, 2008, and notices
will be sent on this meeting.
3. LOW IMPACT DEVELOPMENT (LID) BRIEFING
Deputy Public Works Director David Athey gave a presentation on Low Impact
Development. Deputy Public Works Director David Athey and Community Development
Director Warren Frace answered questions of the Planning Commissioners.
PUBLIC COMMENT
Matt Thompson, Storm Water Program Manager with the Central Coast Storm Water
Management Board spoke about the function of the Board and answered questions of
the Planning Commissioners.
PC Draft Minutes 09/16/2008
Page 5 of 7
COMMISSIONER COMMENTS AND REPORTS
Commissioner O'Grady asked about the light poles stockpiled on Morro Road, and also
about the added flatbed trailer he has recently noticed on the same lot. Community
Development Director Warren Frace said he would check into the matter and report
back to the Commission.
Commissioner O'Grady asked about The Printery, Eagle Creek and Colony Square
projects, and he wanted information from staff to report back to the public. Community
Development Director Warren Frace stated staff is working with the Colony Square
architect on redesign to make the project more financeable, and the theatre owner has
also hired an architect to complete the interior design and expects construction to begin
within the next three to four months.
Community Development Director Warren Frace indicated the Printery project has not
resubmitted plans and the permits may have expired. Staff has briefed the City Council
on this matter and has received direction to staff and the city attorney to look into the
deed restrictions and the historic nature of the building.
Community Development Director Warren Frace stated the Eagle Creek project is not
moving forward at this point; and the City Council has approved the general plan
amendment which called for subdivision and re -landscaping of the golf course site and
conversion of the shop and clubhouse into residential units. The plans required
corrections and have not yet been returned.
Commissioner O'Grady asked about ownership of the Eagle Creek project and the
Printery building, but Community Development Director Warren Frace indicated they are
owned by LLC's and specific names would need to be researched. As for the city's
interest, the Printery has a deed restriction because of the historic significance of the
building which is to make sure the building is maintained. On Eagle Creek, the Fire
Department has completed weed abatement, and the permits are still active.
Commissioner O'Grady asked about the status of Walmart. Community Development
Director Warren Frace stated staff met with the Rottman and Walmart groups; and the
Walmart group is committed to a design, but the Rottman Group is redesigning their
plans and Walmart will wait for that change, which is expected in the next 60 days.
Commissioner O'Keefe stated that there is a loan on the Printery building for $4.5
million and property taxes have not been paid. Commissioner O'Keefe asked if the
weed abatement will be applied to the uncollected property taxes. Community
Development Director Warren Frace stated there is a tax lien for weed abatement and
there is a state law that the City is paid on the next tax role whether or not taxes are
paid.
PC Draft Minutes 09/16/2008
Page 6 of 7
ADJOURNMENT
There being no further business, the meeting was adjourned at 9:20 p.m. to the next
regular meeting of the Planning Commission on October 7, 2008.
MINUTES PREPARED BY:
SUSANNE ANSHEN, Recording Secretary
PC Draft Minutes 09/16/2008
Page 7 of 7
ITEM NUMBER: 2
DATE: 10-21-08
Atascadero Planning Commission
Staff Report — Community Development Department
Scott Kaiser, Planning Intern, 470-3470, skaiser@atascadero.org
PLN 2008-1299
Conditional Use Permit for
Oversized Accessory Structure
8600 Santa Cruz Road
(Friedrichsen)
SUBJECT:
The proposed project includes an application to construct a two-story 1,456 square- foot
workshop with a loft, which exceeds the 50% of the size of the main residence.
RECOMMENDATION:
Staff Recommends:
Adopt resolution PC 2008-0051 to allow a 1,456 square -foot workshop based on
findings and subject to conditions of approval.
SITUATION AND FACTS:
1. Property Owner: Robert & Johanna Friedrichsen, 8600 Santa Cruz Rd.
Atascadero, CA 93422
2. Project Address: 8600 Santa Cruz Road, Atascadero, CA 93422
APN 050-081-015
3. Certified Arborist: Whit's Turn Tree Care, 3655 Monterey Road.,
Atascadero, CA 93422
4. General Plan Designation: Rural Estate (RE)
5. Zoning District: Residential Suburban (RS)
6. Site Area: 2.89 acres
7. Existing Use: Single -Family Residence
8. Environmental Status
DISCUSSION:
Background
ITEM NUMBER: 2
DATE: 10-21-08
Class 3 Categorical Exemption: New Construction or
Conversion of Small Structures
The existing lot is 2.89 acres and is an existing lot of record. The lot is heavily forested
with native trees. A blueline creek runs across the lot. There is an existing 1,828
square foot single-family residence with attached garage and an existing 288 square -
foot detached storage shed with an attached carport. The existing storage shed and
carport are proposed to be demolished to construct the proposed workshop with loft.
An existing storage container has been removed. The existing septic system and leach
field are located outside the 50 -foot setback from the blueline creek.
Site Plan
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There is a gate at the entrance to the driveway. Call the owner prior to site visits.
ITEM NUMBER: 2
DATE: 10-21-08
ANALYSIS:
A new 1,456 square foot 3 -car garage/workshop with loft is proposed to be constructed
in the location of the existing detached shed and carport. The Atascadero Municipal
Code limits the size of accessory structures to 50% of the size of the main residence.
Municipal Code Section 9-6.106 allows accessory structures that exceed 50% of the
size of the main residence through approval of a Minor Conditional Use Permit.
Municipal Code Section 9-6.106:
"Floor Area. The gross floor area of a detached accessory structure is not
to exceed fifty percent (50%) of the gross floor area of the principal
structure. "
"Detached accessory structures that exceed size requirements are subject
to the approval of a minor conditional use permit."
The existing residence is 1,828 square feet, therefore, a Minor Conditional Use Permit
is required for any structure over 914 square feet. As designed, the proposed workshop
is 1,456 square feet. The first floor is proposed at 988 square feet and a 468 square -
foot loft area is proposed on the second floor.
The proposed detached garage/workshop includes a utility shower, toilet, and sink on
the first floor. The proposed bathroom is consistent with City Council policy, as
identified in the City Council study session report "Interpretation of Second Residential
Units and Accessory Structures" provided as Attachment 4 of this report. Consistent
with City Council Policy, a deed restriction will be required to insure the workshop
cannot be converted to a second dwelling unit without the City's knowledge.
Proposed Floor
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ITEM NUMBER: 2
DATE: 10-21-08
The new detached garage is being proposed in the same location of the exiting 288
square foot shed, and therefore, a general building pad is already established. The
existing shed would be demolished. Some minimal grading would be required in order
to expand the building pad for the larger structure, and to provide sufficient Fire truck
access to the proposed new garage.
One 30 inch DBH White Oak will be impacted approximately 15%t by the construction of
the new garage and fire truck turn around area. An Arborist Report and Tree Protection
Plan have been submitted consistent with the Atascadero Native Tree Ordinance. Tree
protection fencing shall be installed prior to and remain in place during all phases of
construction.
Proposed
ITEM NUMBER: 2
DATE: 10-21-08
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, site specific findings for denial must be sited.
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 Rural Estate 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 development 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: 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 neighborhood uses
and development.
5. That the proposed use or project will not generate a volume of traffic beyond the
safe capacity of all roads providing access to the project, either existing or to be
improved in conjunction with the project, or beyond the normal traffic volume of the
surrounding neighborhood that would result from full development in accordance
with the Land Use Element.
Staff Comment: The proposed project and use 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.
ITEM NUMBER: 2
DATE: 10-21-08
CONCLUSIONS:
The proposed project to construct a 1,456 accessory structure which exceeds the 50%
of the size of the main residence is consistent with the Atascadero General Plan,
Municipal Code Section 9-6.106, and the Atascadero Native Tree Ordinance.
ALTERNATIVES:
1. The Commission may approve the subject as conditioned or add additional or
revised project conditions.
2. The Commission may deny the project if it is found to be inconsistent with the Native
Tree Ordinance or any of the other required findings. The Commission's motion to
deny must include a finding basis 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
— City Council Study Session report: "Interpretation of
Second Residential Units And Accessory Structures"
Attachment
5
— Categorical Exemption
Attachment
6
— Arborist Report
Attachment
7
— Draft Resolution PC 2008-0051
ATTACHMENT 1: Location Map (General Plan and Zoning)
PLN 2008-1299 / CUP 2008-0231
8600 Santa Cruz Rd.
Unincorporated Area
I RS I
Zone: Residential Suburban (RS)
Land Use Designation: Rural Estate (RE)
ITEM NUMBER
DATE: 10-21-08
Project Site
8600 Santa Cruz
ITEM NUMBER
DATE: 10-21-08
ATTACHMENT 2: Aerial Photo
8600 Santa Cruz
ITEM NUMBER
DATE: 10-21-08
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
DATE: 10-21-08
ATTACHMENT 4: City Council Study Session report:
"Interpretation of Second Residential Units And Accessory Structures'
See following:
City Council Study Session report:
"Interpretation of Second Residential Units And Accessory Structures"
ITEM NUMBER
DATE: 10-21-08
ATTACHMENT 5: Categorical Exemption
CITY OF ATASCADERO
NOTICE OF EXEMPTION
6907 El Camino Real Atascadero, CA 93422 805.461.5000
TO: ® File Date Received for Filing
❑ -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
SUBJECT: Filing of Notice of Determination in Compliance with Section 21152 of the Public Resources Code
Project Title
PLN 2008-1299 /CUP 2008-0231
Project Location (Include County)
APN 050-081-015
Atascadero, CA 93422 (San Luis Obispo County)
Project Description
The proposed project includes an application to construct a 1,976 square foot workshop which exceeds the 50
percent of the size of the main residence.
Name of Public Agency Anvrovine Proiect
City of Atascadero
Name of Person or Agency Carrying Out Project
City of Atascadero, Public Works Dept., David Athey
6907 El Camino Real
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. 15302, Replacement or Reconstruction)
Reasons why project is exempt:
Class 3 of the California Environmental Quality Act (CEQA) (Section 15303, New Construction or Conversion of
Small Structures) exempts accessory structures including garages, carports, patios, swimming pools, and fences.
Date: October 6, 2008
S ve McHarris
Deputy Director of Community Development
Contact Person Steve McHarris, Deputy Director of Community Development, City of Atascadero (805) 461-5000
ITEM NUMBER
DATE: 10-21-08
ATTACHMENT 6: Arborist Report
WhIt'smTurn ,
T r ow +we C an r Owe
Tree Preservation Plan
Project Location:
Rossi Road Center
Templeton, CA
APN # 039-381-065
Prepared by Henry Curtis
805-674-8147
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Henry S. Curtis
Certified Arborist WE 6345-A
J7L.CA [t1.5ALb9iiYahoo-.Q=
ITEM NUMBER
DATE: 10-21-08
Project Description
The project being built by Mr. Friedrichsen is a hobby shop. The owners, contractor and
I are all working together to preserve the health and integrity of the Valley Oak located on this
property. Any opportunities during construction to apply mitigation to benefit the longevity of
this tree will be implemented. I have proposed some basic tree protection ideas so that this
project may move forward safely. The turnaround area for the Fire Truck will add no additional
impact to the Oak tree. The driveway materials are road base instead of concrete eovywOR
which has a greater benefit for this tree with much less of an impact. I am asking that
woodchips be spread 6-8 inches thick around areas where compaction maybe a problem for the
Critical Root Zone. Pavers installed are optional.
ITEM NUMBER
DATE: 10-21-08
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ITEM NUMBER: 2
DATE: 10-21-08
Description of Tree Evaluation
■ Column #1
Tree number that corresponds with the tree impact evaluation can be found on the project
plans and is labeled on the tree with a numbered tag.
■ Column #2
Tree Species is the common name such as VO=Valley Oak, BO -Blue Oak, LO—Live Oak
• Column #3
Scientific Name is the genus and species that classifies that particular plant.
■ Column #4
Trunk D.B.H, is the abbreviation for trunk diameter at breast height in inches
■ Column #5
Tree Condition, ranging from zero to ten. Zero=deceased, One -Poor condition, Ten=Excellent
■ Column #6
Construction Status of tree, Avoided- Removal- Impacted
■ Column #7
Percentage of Impact to the C.R.Z (Critical Root Zone)
■ Column #8
Type of Construction Impact
Such as; a retaining wall, grading, trenching, etc.
■ Column #9
Mitigation proposal, ideas to implement for protection of the trees
Such as; tree protection fencing, root pruning, etc.
• Column #10
Monitoring required Yes/ No,
If yes, the Arborist must be notified and on site during any trenching or grading near the tree
Column #11
Grading Impact, this states the percentage of impact on the tree from performing grading
within the trees C.R.Z
ITEM NUMBER
DATE: 10-21-08
Friedrichsen Project
Tree Preservation Guidelines
The mitigation I am requesting must be followed by anyone working within the critical root
zone (C.R.Z) of the Native tree located at this project site. Copies of these guidelines must be
provided to any contractors involved with this project. Any changes made in the plans that
could possibly affect the trees must be reviewed and approved by me before moving forward
Please don't hesitate to contact me with any questions regarding the Oak tree at this site.
Henry Curtis Arborist WE -6345A 805-674-8147
Pre -Construction:
Tree Protection Fencin
The Oak Tree identified on the Tree Protection Chart will need tree fencing installed around its
drip line. After fencing is installed please notify me to come and inspect the placement before
ground is broken at the project site. During Construction: Fencing should never be moved or
crossed without my approval.
Pre- Construction Meeting
Before any grading, trenching or tree pruning has begun there must be a meeting with all
interested parties to discuss suggested mitigation for the protection of the Native Oak Tree.
Generally this includes the Certified Arborist, General Contractor, grading contractor and any
city or county officials overseeing the project. Please notify me in advance of this meeting.
Tree Pruning and/or removals
To avoid damage by equipment to the tree limbs all pruning and removals should be completed
before grading and trenching has started. Any cuts made must be done by a Certified Arborist.
During Dirt Work and Grading at the site:
All dirt work performed near the Oak Trees should be done with extreme care to disturb as little
of the C.R.Z as possible.
Please notify me in advance as to the time you will be need me to be present for monitoring.
Any tree roots larger than one inch dug up during dirt work need to be flush cut and recovered
with dirt immediately. If large roots are exposed and cannot be covered immediately, they
should be covered with wet burlap to keep the roots moist. Workers: Use caution not to rip or
tear large roots with your equipment or shovels.
Construction Waste:
ITEM NUMBER
DATE: 10-21-08
There is to be no cleaning of construction equipment or any waste products near the C.R.Z. of
the Native Oak Trees at this site. All waste or extra materials that could possibly leach into the
trees feeder roots need to be cleaned elsewhere.
C.R.Z Critical Root Zone:
The areas defined as critical root zone (found within the orange fencing) is vital to the health
and longevity of the trees. While working in these vital areas, extra care should be taken to
leave the C.R.Z undisturbed.
ATTACHMENT 7: Draft Resolution PC 2008-0051
ITEM NUMBER
DATE: 10-21-08
PLN 2008-1299 / CUP 2008-0231
DRAFT RESOLUTION NO. PC 2008-0051
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ATASCADERO APPROVING
PLN 2008-1299 / CUP 2008-0231,
A 1,456 SQUARE FOOT ACCESSORY STRUCTURE WHICH EXCEEDS 50% OF THE
SIZE OF THE MAIN RESIDENCE
(FRIEDRICHSEN)
WHEREAS, an application was received from Robert and Johanna Friedrichsen, 8600
Santa Cruz Rd., Atascadero, CA 93422, (Property Owner/Applicant), for a Conditional Use
Permit to construct a 1,456 square foot accessory structure; and,
WHEREAS, the proposed project has a General Plan Designation of Residential
Suburban (RS) 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 Rural Estate (RE) 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 21, 2008 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: 10-21-08
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 21, 2008, resolved to approve Conditional Use Permit 2008-0231
to, subject to the following:
EXHIBIT A:
Conditions of Approval
EXHIBIT B:
Site Plan
EXHIBIT C:
Floor Plan
EXHIBIT D:
Elevations
ITEM NUMBER: 2
DATE: 10-21-08
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
Roberta Fonzi
Planning Commission Chairperson
ATTEST:
Warren Frace
Planning Commission Secretary
ITEM NUMBER
DATE: 10-21-08
EXHIBIT A: Conditions of Approval / Mitigation Monitoring
PLN 2008-1299 / CUP 2008-0231
Conditions of Approval
Timing
Responsibility
/Monitoring
PLN 2008-1299 / CUP 2008-0231
FM; Firal Map
BL: Business License
PS: Planning Services
GP: Grading Permit
BS: Building Services
Address: 8600 Santa Cruz
BP: Building PermA
FI: Final Inspection
FD: Fire Department
PD: Police Department
TO: Temporary Occupancy
CE: City Engineer
FO: 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 an oversized workshop with loft
BP
PS
located on parcel 050-081-015 regardless of owner.
Project Planning Conditions
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. Tree protection fencing as outlined in the arborist report, prepared by Whits
GP/FM
PS
Turn Tree Care shall be implemented prior to and during all construction
activity.
7. 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
workshop and loft will not be used as a dwelling unit unless the property
and design standards for secondary dwellings can be met and permits
obtained.
8. The placement of storage containers shall not be allowed on property.
Ongoing
PS
ITEM NUMBER
DATE: 10-21-08
EXHIBIT B: Site Plan
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EXHIBIT C: Floor Plan
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ITEM NUMBER
DATE: 10-21-08
EXHIBIT D: Elevations & Sections