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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) i+ ak it Mope. ter , t j /Tw" 20&.5 Sol& � TA, -r 4; 9 EXHIBIT E: Site Photos Oversized Studio (PLN 2006-1159) WWI EXHIBIT E: Site Photos con't Oversized Studio (PLN 2006-1159)