HomeMy WebLinkAboutPC_2006-10-03_AgendaPacketCITY OF ATASCADERO
PLANNING COMMISSION AGENDA
Regular Meeting
Tuesday, October 3, 2006 — 7:00 P.M.
City Hall
Council Chambers
6907 El Camino Real
Atascadero, California
CALL TO ORDER
Pledge of Allegiance
Roll Call: Chairperson Beraud
Vice Chairperson O'Keefe
Commissioner Fonzi
Commissioner Jones
Commissioner Kelley
Commissioner Porter
Commissioner Slane
PLANNING COMMISSION BUSINESS
APPROVAL OF AGENDA
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.
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 five 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)
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 3, 2006
Page 2 of 3
1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION
MEETING ON SEPTEMBER 19, 2006.
COMMUNITY DEVELOPMENT STAFF REPORTS
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. 8100 SAN RAFAEL ACCESSORY STRUCTURE (PLN 2006-1159)
Owner:
Raymond Gordon, P O Box 1078, Atascadero, CA 93423
Project Title:
PLN 2006-1159 / CUP 2006-0197, 8100 San Rafael Accessory Structure
Project
8100 San Rafael Road, Atascadero, CA 93422
Location:
(San Luis Obispo County) APN 054-231-019
Project
The project consists of a request to convert an existing accessory structure into a studio,
Description:
exceeding 450 sq. ft. by installing HVAC (heating, ventilation, & air conditioning) to the
already built structure.
General Plan Designation: Rural Estates (RE)
Zoning District: Residential Suburban
Proposed
Class 1, Categorical Exemption 15301, existing facility.
Environmental
Determination:
COMMISSIONER COMMENTS AND REPORTS
DIRECTOR'S REPORT
ADJOURNMENT
The next regular meeting of the Planning Commission will be on October 17, 2006 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 3, 2006
Page 3 of 3
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 5 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: 10-3-06
CITY OF ATASCADERO
PLANNING COMMISSION
DRAFT MINUTES
Regular Meeting
Tuesday, September 19, 2006 — 7:00 P.M.
Chairperson Beraud called the meeting to order at 7:00 p.m. and Commissioner Fonzi
led the Pledge of Allegiance.
ROLL CALL
Present: Commissioners Fonzi, Kelley, Porter, O'Keefe and Chairperson
Beraud
Absent: Commissioners Jones and Slane
Others Present: Recording Secretary Grace Pucci
Staff Present: Community Development Director Warren Frace, Deputy
Community Development Director Steve McHarris, and Associate
Planner Kelly Gleason.
PLANNING COMMISSION BUSINESS
APPROVAL OF AGENDA
MOTION: By Vice Chairperson O'Keefe and seconded by Commissioner
Porter to approve the agenda.
Motion passed 5:0 by a roll -call vote.
PUBLIC COMMENT
None
PC Draft Minutes 09/19/06
Page 1 of 8
CONSENT CALENDAR
1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION
MEETING ON SEPTEMBER 5, 2006.
MOTION: By Commissioner Fonzi and seconded by Commissioner
Kelley to approve Item #1.
Motion passed 5:0 by a roll -call vote.
PUBLIC HEARINGS
2. PLN 2099-0775/CONDITIONAL USE PERMIT 2005-0156
Owner:
Atascadero Homeowners, LLC, Kelly Gearhart, 6205 Alcantara Ave., Atascadero, CA
93422
Project Title:
PLN 2099-0775/Conditional Use Permit 2005-0156
Project
5000, 5020, 5060 Marchant Ave., Atascadero, CA 93422
Location:
(San Luis Obispo County) APN 030-213-011, 012, 014
Project
The proposed Amendment consists of an application to replace the approved
Description:
landscaped passive recreational open space amenity area with a paved parking lot,
drive aisle, landscape planters, and additional Tecorida Avenue access.
General Plan Designation: Medium Density Residential
Zoning District: RMF-10/PD-10
Proposed
Environmental
Consistent with Mitigated Negative Declaration 2005-0042.
Determination:
Ex Parte Communications
Commissioner Kelley stated he met with the applicant and City staff 2 or 3 weeks ago at
the project site.
Deputy Community Development Director Steve McHarris gave the staff report and
answered questions of the Commission.
PUBLIC COMMENT
Jamie Kirk, applicant's representative, gave a PowerPoint presentation regarding the
project and answered questions of the Commission.
Chairperson Beraud closed the Public Comment period.
Commissioner Fonzi stated that with this request an area for the children to play is
being given up and there is no where else within the development for them to play. She
would prefer to see grass in this location rather than the parking spaces.
PC Draft Minutes 09/19/06
Page 2 of 8
Commissioner Kelley expressed concern that having the grass area next to the street
could be hazardous to children playing there. He indicated other benefits of this plan
include better water conservation with less grass, keeping cars off the surrounding
streets, and added ingress and egress from the project.
Commissioner Porter said that originally he was concerned with giving up grass space;
however, there are still front and back yards and open space at the back of the project.
He thinks the increased circulation and parking are a good trade off.
Vice Chairperson O'Keefe indicated there is already ample parking, and the yards are
small with only a few places for children to play. She stated this changes the ambiance
and she cannot make the findings that it will be consistent with the surrounding
neighborhood.
Chairperson Beraud stated that this project is to provide lower cost housing for families,
but the yards are too small for children to play in and the other open space area is for
drainage. She thinks that even though it is a small area of turf it is a public benefit to the
development. 14 parking spaces above the code requirement is a lot of spaces and she
thinks there should be a better balance for the development.
MOTION: By Commissioner Kelley and seconded by Commissioner
Porter to adopt Resolution PC 2006-0081 approving
Conditional Use Permit Amendment 2005-0156 (Master Plan of
Development) based on findings and subject to Conditions of
Approval and Mitigation Monitoring.
Motion failed 2:3 by a roll -call vote. (Fonzi, O'Keefe, Beraud
opposed)
MOTION: By Commissioner Fonzi and seconded by Vice Chairperson
O'Keefe to deny the request, leaving the passive recreational
open space amenity area and 8 guest parking spaces as
originally approved.
Motion passed 3:2 by a roll -call vote. (Kelley, Porter opposed)
3. PLN 2006-1148/VARIANCE 2006-0010
Owners:
Michael & Teresa Johnson, 9162 Palomar Ave., Atascadero, CA 93422
Project Title:
PLN 2006-1148/Variance 2006-0010
Project
9162 Palomar Ave., Atascadero, CA 93422
Location:
(San Luis Obispo County) APN 029-201-007
Project
A Variance request to allow a front yard fence to be six (6) feet in height. Fencing
Description:
within the front setback is currently limited to three (3) feet in height.
General Plan Designation: SFR -Y
Zoning District: RSF-Y
PC Draft Minutes 09/19/06
Page 3 of 8
Proposed
Environmental CATEGORICAL EXEMPTION: The project qualifies for a Class 5 Categorically
Determination: Exemption under the provisions of the California Environmental Quality Act, CEQA
section 15305. Minor Alterations in Land Use Limitations.
Vice Chairperson O'Keefe stated for the record that she had filed the complaint and has
a right as a Commissioner to file complaints for code violations. The person who files
the complaint is to remain confidential, but someone on City staff revealed to
Commissioner Fonzi that she filed this complaint. Vice Chairperson O'Keefe stated she
will be stepping down and contacting the City Manager to find out who did this.
Commissioner Fonzi stated for the record that she considers what she learned to be
confidential and when she sees something she considers an ethics violation she must
bring it to light. She explained it is her belief that if someone on the Commission files a
complaint, they cannot hear the complainant and the public testimony in an impartial
way.
Deputy Community Development Director Steve McHarris gave the staff report and
answered questions of the Commission.
PUBLIC COMMENT
Michael and Teresa Johnson, applicants, explained why they are requesting the
Variance.
Sherrie Schram, Palomar Avenue resident, spoke in support of the applicant's request,
and cited other properties in the neighborhood that have similar fences.
Brad (no last name given), Palomar Avenue resident, stated he sees this fence
everyday and expressed his support for the Variance. He pointed out that the complaint
was not filed by a neighborhood resident and disputes that this location is the front yard.
Bob Davis, Palomar Avenue resident, stated his support for the applicants, and
indicated that the fence provides a safety feature for young people in the area.
Candy Layton, Palomar Avenue resident, stated that the fence enhances the look of the
neighborhood.
Chairperson Beraud closed the Public Comment period.
Commissioner Fonzi stated she believes in private property rights and feels this is in the
side yard, not the front, and since the fence is up the hill the height makes no difference;
this does not block the front yard and provides a safety improvement and screening.
Commissioner Kelley indicated that staff took the required action in taking the complaint
and interpreting the ordinance. However, there should be some leeway, and because
PC Draft Minutes 09/19/06
Page 4 of 8
the staff report stated that this property along with others varies in property lines, he can
support the request for a Variance.
Commissioner Porter stated he has no problem with the Variance request as this is
compatible with the neighborhood and has the support of the neighbors.
Chairperson Beraud stated that variances must have concrete findings, which she
cannot make; she thinks this would constitute a grant of special privilege, she does not
believe this property has special circumstances, and that the fence imposes a sight
restraint. She believes the purpose of the zoning text is to keep neighborhoods looking
open and inviting and a six foot fence does not allow for that.
MOTION: By Commissioner Kelley and seconded by Commissioner
Porter to approve PLN 2006-1148/Variance 2006-0010 a
variance request to allow a six foot fence located within the
front setback at APN 029-210-007 at 9162 Palomar, the
Johnson residence and with the following findings: 1) this is
not a special privilege, it is just common sense, 2) there are
special circumstances applicable to the property regarding the
configuration and the elevation from the street, and 3) this
does not cause any safety problems or anything for anybody.
Motion passed 3:1 by a roll -call vote. (Beraud opposed)
Chairperson Beraud stated for the record she voted no because she thinks this sets a
bad precedent and she cannot not approve the request.
Vice Chairperson O'Keefe rejoined the hearing.
COMMUNITY DEVELOPMENT STAFF REPORTS
4. PRELIMINARY REVIEW, ROSARIO PD STUDY SESSION
Owners•
Greg Ravatt & Tina Mayer, 5735 Rosario, Atascadero, CA 93422
James Barton Albrecht & Natalie Mejia, 4518 Hummel Dr., Santa Maria, CA 93455
Applicant:
Greg Ravatt, AIA, 5735 Rosario, Atascadero, CA 93422
Project Title:
PLN 2099-0789/Zone Change 2005-0109, CUP 2005-0173, TTM 2005-0078
Project
5735/5715 Rosario Ave. Atascadero, CA 93422
Location•
(San Luis Obispo County) APN 029-252-001
Project
The project consists of a Planned Development, Historical Overlay Zone, Master Plan of
Description:
Development, and Tentative Tract Map to allow for a 10 unit PD overlay development. The
existing Historic Colony Home is proposed for restoration as part of the project.
General Plan Designation: MDR
Zoning District. RMF -10
Proposed
Project currently being evaluated by staff.
Environmental
Determination:
PC Draft Minutes 09/19/06
Page 5 of 8
Associate Planner Kelly Gleason gave the staff report and answered questions of the
Commission.
Ex Parte Communications
Commissioner Fonzi stated she had received an email from the applicant.
Chairperson Beraud stated she met with the applicant at the Rosario property to walk it
and understand where it was.
Vice Chairperson O'Keefe stated that Mr. Ravatt called her and she set up an
appointment with him to walk the property, which she did with Chairperson Beraud.
Commissioner Kelley stated he received an email from the applicant asking if he wanted
to meet at the site. Commissioner Kelley responded that he did not feel it was
necessary.
Commissioner Porter stated he received an email from the applicant similar in nature to
the one received by Commissioner Kelley.
Chairperson Beraud recessed the hearing at 8:01 p.m.
Chairperson Beraud called the meeting back to order at 8:09 p.m.
PUBLIC COMMENT
Greg Ravatt, owner and project architect, gave a PowerPoint presentation and
distributed a handout regarding the proposed project. (Exhibit A) Mr. Ravatt answered
questions of the Commission.
Commissioner Fonzi made several observations on the project: 1) Building #5, she
would like to see the front door enhanced so it becomes the focal point, and 2) On the
back of Building #5, east elevation, the lower deck supports are very narrow and not in
proportion to the deck.
Don and Sheri Curl, Rosario residents, said their main issue is the loss of privacy in
their backyard as their property line adjoins this project. Mr. Curl requested the second
story windows to be a little higher, and stated he likes the quality and workmanship of
the project.
Nancy Kirby, Rosario resident, stated her support for this project and the improvement it
will make to the property.
Chairperson Beraud closed the Public Comment period.
PC Draft Minutes 09/19/06
Page 6 of 8
Commissioner Kelley stated this is an exciting project offering several benefits including
restoration of a Colony home, affordable housing, and upscale design.
Vice Chairperson O'Keefe said she appreciates the work that has gone into the project;
it is a creative design for a difficult site.
Commissioner Porter stated the attention to detail is appreciated and it is nice to see an
applicant willing to work with the neighborhood and city staff.
Commissioner Fonzi applauded the applicant for preserving the Colony Home and
incorporating affordable housing.
Chairperson Beraud said it is wonderful that the Colony home is to be preserved, and
that it is an impressive project. She commended the applicant for incorporating some of
the green building and it is a good example for future development.
COMMISSIONER COMMENTS AND REPORTS
Commissioner Kelley suggested a process to help streamline issues that come before
the Commission that would include an administrative hearing before staff and a 30 day
period for posting the property and notifying the public, and if there are problems at that
point the item can come before the Commission for a full hearing.
There was Commission discussion regarding Commissioner Kelley's suggestion,
however there was no consensus to move forward with it.
Vice Chairperson O'Keefe and Chairperson Beraud reported on a joint meeting they
attended with the City Council and representatives of the Parks and Recreation
Commission on September 14th. A copy of the Minutes for that meeting was distributed
to the Commissioners. (Exhibit B)
DIRECTOR'S REPORT
Community Development Director Warren Frace reviewed the format for the joint study
session with the City Council on condo conversions scheduled for September 26th, and
encouraged all Commissioners to attend. He reported that the ethics training required
of the Commission by the end of year is scheduled for December 7th: there will be two
sessions and commissioners must attend one of those sessions. Director Frace
reviewed the agenda for the next Planning Commission meeting.
PC Draft Minutes 09/19/06
Page 7 of 8
ADJOURNMENT
Chairperson Beraud adjourned the meeting at 9:07 p.m. to the next regularly scheduled
meeting of the Planning Commission on October 3, 2006.
MINUTES PREPARED BY:
Grace Pucci, Recording Secretary
The following exhibits are available for review in the Community Development Department:
Exhibit A — Greg Ravatt, handout
Exhibit B — Minutes, Joint CC/PC/PRC Meeting
PC Draft Minutes 09/19/06
Page 8 of 8
ITEM NUMBER: 2
DATE: 10-3-06
Atascadero Planning Commission
Staff Report - Community Development Department
PLN 2006-1159 Accessory Structure
Studio Exceeding 450 sq. ft.
(8100 San Rafael Road/ Gordon)
SUBJECT:
A request for a Conditional Use Permit to convert an existing accessory structure
into a studio, exceeding 450 square feet by installing HVAC (Heating, Ventilation,
and Air Conditioning).
RECOMMENDATION:
Staff Recommends:
The Planning Commission adopt Resolution PC 2006-0084 to approve Conditional
Use Permit 2006-0197 based on findings and subject to conditions of approval.
SITUATION AND FACTS:
1. Owner: Raymond Gordon
P O Box 1078, Atascadero, CA 93423
2. Project Address: 8100 San Rafael Road, Atascadero, CA 93422
APN 054-231-019
3. General Plan Designation: Rural Estates (RE)
4. Zoning District: Residential Suburban (RS)
5. Site Area: 8.522 acres
6. Existing Use: Single -Family Residence
7. Environmental Status: Class 1, Categorical Exemption 15301. Existing
Facility
ITEM NUMBER: 2
DATE: 10-3-06
DISCUSSION:
Background
The subject site is located in a Residential Suburban Zone. Currently, there is a
1200 sq. ft. accessory structure on site.
The applicant intends to add HVAC to this existing accessory structure, converting it
into a studio, equaling 1200 sq. ft. The location of the structure is approximately 20 -
feet from the front property line along San Rafael Road. (Exhibit A)
Analysis
The applicant is requesting an exception to the maximum allowable studio size
through a minor Conditional Use Permit for the proposed 1200 square foot structure.
According to the Atascadero Municipal Code (AMC 9-5.020(f) :
Studios shall be limited to four hundred fifty (450) square feet.
The structure, once the conversion takes place, will exceed the maximum studio size
by 750 square feet.
In June of 2004, the City amended the second unit code to allow studios to exceed
450 sq feet with the approval of a minor Conditional Use Permit.
Staff has reviewed the site conditions and proposed studio conversion plans. The
proposed conversion's location and appearance is consistent with the single-family
character of the property and surrounding neighborhood.
General Plan Consistency
Staff finds the proposed request to be consistent with Policy 2.1 of the 2002 General
Plan as noted in the Land Use, Open Space and Conservation Element (LOC):
Policy 2.1: Ensure that new development is compatible with existing and surrounding
neighborhoods.
Environmental Determination
The project has been determined to qualify for a Class 1 Categorical Exemption
under the provisions of the California Environmental Quality Act (CEQA Section
15301; Existing Facilities).
CONCLUSION:
ITEM NUMBER: 2
DATE: 10-3-06
The proposed project is consistent with the General Plan and Atascadero Municipal
Code, as analyzed within this staff report. Staff finds that the proposed project as
conditioned, meets the required findings necessary for Planning Commission
approval.
ALTERNATIVES:
1. The Commission may modify the project and/or conditions of approval for the
project.
2. The Commission may determine that more information is needed on some
aspect of the project and may refer the item back to the applicant and staff to
develop the additional information. The Commission should clearly state the
type of information that is required and move to continue the item to a future
date.
3. The Commission may deny the project. The Commission should specify the
reasons for denial of the project and recommend an associated finding with
such action.
PREPARED BY: Debra Lutske, Planning Intern
ATTACHMENTS:
Attachment 1: Vicinity and Zoning Map
Attachment 2: Aerial View
Attachment 3: Draft Resolution PC 2005-0024
ITEM NUMBER
DATE: 10-3-06
ITEM NUMBER
DATE: 10-3-06
Attachment 2: Aerial View
Attachment 3: Draft Resolution PC 2006-0084
DRAFT RESOLUTION PC 2006-0084
RESOLUTION OF THE ATASCADERO PLANNING
COMMISSION APPROVING PLN 2006-1159/CONDITIONAL USE
PERMIT 2006-0197 TO ALLOW A DETACHED ACCESSORY
STRUCTURE THAT EXCEEDS FIFTY PERCENT OF THE GROSS
FLOOR AREA OF THE PRINCIPAL STRUCTURE.
(8 100 San Rafael Road — Gordon)
WHEREAS, an application has been received from Raymond Gordon (8 100 San Rafael
Road, Atascadero, CA 93422), applicant and property owner, to consider a request to allow an
oversized studio, that exceeds 450 sq feet, and,
WHEREAS, the site's General Plan Land Use Designation is RE (Rural Estates); and,
WHEREAS, the site's zoning district is (Residential Suburban); and,
WHEREAS, a Class 1 Categorical Exemption, Section 15301, has been prepared for the
project in accordance with the California Environmental Quality Act (CEQA); and,
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act (CEQA) have been adhered to; and,
WHEREAS, a timely and properly noticed Public Hearing upon the subject Conditional
Use Permit application was held by the Planning Commission of the City of Atascadero, at
which hearing evidence, both oral and documentary, was admitted on behalf of said project; and,
WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed
Public Hearing held on October 3, 2006, studied and considered the proposed Conditional Use
Permit; and,
NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the
following actions:
SECTION 1. Findinl4s 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.
SECTION 2. Findings for Approval of Conditional Use Permit. 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 projector 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 3, 2006, resolved to approve Conditional Use Permit
2006-0197 subject to the following:
EXHIBIT A:
Conditions of Approval
EXHIBIT B:
Site Plan
EXHIBIT C:
Elevations
EXHIBIT D:
Floor Plan
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: ( )
ABSTAIN: ( )
ABSENT: ( )
ADOPTED:
CITY OF ATASCADERO, CA
Ellen Beraud
Planning Commission Chairperson
Attest:
Warren M. Frace
Planning Commission Secretary
EXHIBIT A: Conditions of Approval
Accessory Structure (PLN 2006-1159)
Conditions of Approval /
Timing
Responsibility
Notes
Mitigation Monitoring Program
/Monitoring
PS:Planning Services
BL: Business
BS: Building Services
Accessory Structure
License
FD: Fire Department
PLN 2006-1159
GP: Grading Permit
BP: Building Permit
PD: Police Department
CE: City Engineer
FI: Final Inspection
WW: Wastewater
TO: Temporary
CA: City Attorney
Occupancy
F0: Final
Occupancy
Planning Services
1. This Conditional Use Permit shall be for an 1200 square foot
BP
PS
detached garage located on parcel 054-231-019 (8100 San Rafael
Road), regardless of owner.
2. The approval of this use permit shall become final and effective for
BP
PS
the purposes of issuing building permits fourteen (14) days
following the Planning Commission approval unless prior to that
date, an appeal to the decision is filed as set forth in Section 9-
1.111(b) of the Zoning Ordinance.
3. Approval of this Conditional Use Permit shall be valid for twelve
BP
PS
(12) months after its effective date. At the end of the period, the
approval shall expire and become null and void unless the
applicant has received a building permit or applied for an extension
of entitlement.
4. Approval of this Conditional Use Permit shall be consistent with
Ongoing
PS
Atascadero Municipal Code Zoning Ordinance 9-3.701. Any
violations of the CUP shall be subject to review and reconsideration
by the Planning Commission at a noticed public hearing.
5. All exterior elevations shall be consistent with Exhibit C.
BP
PS
6. The Community Development Department shall have the authority
BP
PS
to approve minor changes to the project that address a construction
design issue that is not substantive to the land use.
7. The property owner shall defend, indemnify, and hold harmless the
Ongoing
ALL
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 Conditional Use Permit.
8. New Deed Restriction prior to issuance of permit to convert to
conditioned space.
EXHIBIT B: Vicinity Map
Oversized Studio (PLN 2006-1159)
EXHIBIT C: Elevations
Accessory Structure (PLN 2006-1159)
EXHIBIT D: Floor Plan
Oversized Studio (PLN 2006-1159)
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EXHIBIT E: Site Photos
Oversized Studio (PLN 2006-1159)
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EXHIBIT E: Site Photos con't
Oversized Studio (PLN 2006-1159)