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HomeMy WebLinkAboutPC_2015-08-04_AgendaPacket WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website CITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting Tuesday, August 4, 2015 – 7:00 P.M. Historic City Hall Council Chambers 6500 Palma Avenue, 4th Floor (Enter on Lewis Ave./Jr. High School Side) Atascadero, California 93422 CALL TO ORDER Pledge of Allegiance Roll Call: Chairperson Mark Dariz Vice Chairperson Jan Wolff Commissioner David Bentz Commissioner Duane Anderson Commissioner Jerel Seay Commissioner Charles Bourbeau Commissioner Dennis Schmidt 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 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 City of Atascadero Planning Commission Agenda Regular Meeting, August 4, 2015 Page 2 of 4 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website CONSENT CALENDAR (All items on the consent calendar are considered to be routine and non-controversial by City Staff and will be approved by one motion if no member of the Commission or public wishes to comment or ask questions.) 1. APPROVAL OF DRAFT ACTION MINUTES OF JULY 21, 2015 PUBLIC HEARINGS DISCLOSURE OF EX PARTE COMMUNICATIONS: Prior to a project hearing Planning Commission Members must disclose any communications they have had on any quasi-judicial agenda items. This includes, but is not limited to, Tentative Subdivision Maps, Parcel Maps, Variances, Conditional Use Permits, and Planned Development Permits. This does not disqualify the Planning Commission Member from participating and voting on the matter, but gives the public and applicant an opportunity to comment on the ex parte communication. (For each of the following items, the public will be given an opportunity to speak. After a staff report, the Chair will open the public hearing and invite the applicant or applicant’s representative to make any comments. Members of the public will be inv ited to provide testimony to the Commission following the applicant. Speakers should state their name for the record and can address the Commission for three minutes. After all public comments have been received, the public hearing will be closed, and th e Commission will discuss the item and take appropriate action(s).) 2. PLN 2015-1561, CONDITIONAL USE PERMIT, OVERSIZED DETACHED ACCESSORY STRUCTURE AT 12680 SAN CAYETANO COMMISSIONER COMMENTS AND REPORTS DIRECTOR’S REPORT Property Owner/Applicant: H. Wayne and Jackie LaPrade, 12680 San Cayetano, Atascadero, CA 93422 Project Title: PLN 2015-1561 / CUP 2015-0293 Construct an oversized detached accessory structure. Project Location: 12680 San Cayetano, Atascadero, CA 93422 (San Luis Obispo County) APN: 055-431-007 Project Description: The project consists of a 1,520 square foot detached accessory structure. The building is an open-sided metal building intended to store an RV and boat. The Atascadero Municipal Code allows accessory structures up to 50% of the size of the primary residence. This structure exceeds the limit and requires a Conditional Use Permit approved by the Planning Commission General Plan Designation: RE Zoning District: RS Proposed Environmental Determination: The proposed project is categorically exempted from CEQA under Se ction 15303: New construction or conversion of small structures. Staff Recommendation: Staff is recommending the Planning Commission adopt Resolution A, approving CUP 2015-0293. City of Atascadero Planning Commission Agenda Regular Meeting, August 4, 2015 Page 3 of 4 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website ADJOURNMENT The next regular meeting will be on August 18, 2015 at City Hall Council Chambers, 6500 Palma Avenue, 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, August 4, 2015 Page 4 of 4 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website 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, 6500 Palma Avenue, Atascadero. Matters are considered by the Commission in the order of the printed Agenda. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the Community Development Department and are available for public inspection during City Hall business hours at the Front Counter of City Hall, 6500 Palma Avenue, Atascadero, and on our website, www.atascadero.org. All documents submitted by the public during Commission meetings that are either read into the record or referred to in their statement will be noted in the minutes and available for review in the Community Development Department. Commission meetings are audio recorded, and may be reviewed by the public. Copies of meeting recordings are available for a fee. Contact the City Clerk for more information (470-3400). In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager’s Office or the City Clerk’s Office, both at (805) 470-3400. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, “PUBLIC COMMENT”, the Chairperson will call for anyone from the audience having business with the Commission to approach the lectern and be recognized. 1. Give your name for the record (not required) 2. State the nature of your business. 3. All comments are limited to 3 minutes. 4. All comments should be made to the Chairperson and Commission. 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present. This is when items not on the Agenda may be brought to the Commission’s attention. A maximum of 30 minutes will be allowed for Public Comment Portion (unless changed by the Commission). TO SPEAK ON AGENDA ITEMS (from Title 2, Chapter 1 of the Atascadero Municipal Code) Members of the audience may speak on any item on the agenda. The Chairperson will identify the subject, staff will give their report, and the Commission will ask questions of staff. The Chairperson will announce when the public comment period is open and will request anyone interested to address the Co mmission regarding the matter being considered to step up to the lectern. If you wish to speak for, against or comment in any way: 1. You must approach the lectern and be recognized by the Chairperson. 2. Give your name (not required). 3. Make your statement. 4. All comments should be made to the Chairperson and Commission. 5. No person shall be permitted to make slanderous, profane or negative pers onal remarks concerning any other individual, absent or present. 6. All comments limited to 3 minutes. If you wish to use a computer presentation to support your comments, you must notify the C ommunity Development Department at 470-3402 at least 24 hours prior to the meeting. Digital presentations brought to the meeting should be on a USB drive or CD. You are required to submit to the Recording Secretary a printed copy of your presentation for the record. Please check in with the Recording Secretary before the meeting begins to announce your presence and turn in the printed copy. The Chairperson will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Commission. PC Draft Action Minutes of 7/21/15 Page 1 of 5 CITY OF ATASCADERO PLANNING COMMISSION DRAFT ACTION MINUTES Regular Meeting – Tuesday, July 21, 2015 – 7:00 P.M. City Hall Council Chambers 6500 Palma Avenue, Atascadero, California CALL TO ORDER - 7:00 p.m. Chairperson Dariz called the meeting to order at 7:01 p.m. and Commissioner Schmidt led the Pledge of Allegiance. ROLL CALL Present: Commissioners Anderson, Bentz, Schmidt, Seay, Vice Chairperson Wolff, and Chairperson Dariz Absent: Commissioner Bourbeau (excused absence) Others Present: Recording Secretary, Annette Manier Staff Present: Interim Community Development Director, Gary Broad Assistant Planner, Alfredo Castillo Contract Planner, Katie Banister APPROVAL OF AGENDA MOTION: By Commissioner Bentz and seconded by Vice Chairperson Wolff to approve the Agenda. Motion passed 6:0 by a roll-call vote. PUBLIC COMMENT None Chairperson Dariz closed the Public Comment period. ITEM NUMBER: ITEM NUMBER: 1 DATE: 8-4-15 1 PC Draft Action Minutes of 7/21/15 Page 2 of 5 PLANNING COMMISSION BUSINESS None CONSENT CALENDAR 1. APPROVAL OF DRAFT ACTION MINUTES OF JULY 7, 2015 2. APPROVAL OF PLN 2013-1466 TIME EXTENSION REQUEST FOR 6500 EL CAMINO REAL (LA PLAZA) MOTION: By Commissioner Bentz and seconded by Commissioner Schmidt to approve the consent calendar. Motion passed 5:0 by a roll-call vote. (Anderson abstained) COMMUNITY DEVELOPMENT STAFF REPORTS 3. PLN 2015-1560, TREE REMOVAL PERMIT FOR 1285 COPADO WAY EX PARTE COMMUNICATIONS None Contract Planner Banister gave the staff report and clarified item to be corrected as follows:  On Page 35, in the first paragraph, it read s there are three (3) smaller coast live oak trees. This should be corrected to read two (2) smaller coast live oak trees. Property Owner: Susan McIntosh, 1285 Copado Way, Atascadero, CA 93422 Project Title: PLN 2015-1560 / TRP 2015-0187 Certified Arborist: Steven Alvarez, A&T Arborist, PO Box 1311, Templeton, CA 93465 Project Location: 1285 Copado Way, Atascadero, CA 93422 (San Luis Obispo County) APN: 049-104-018 Project Description: The project consists of an application to remove a diseased 49-inch diameter coast live oak tree in the Oak Grove neighborhood. The tree is potentially hazardous. General Plan Designation: Residential Single-Family-X (RSF-X) Zoning District: Single-Family Residential-X (SFR-X) Planned Development #17 overlay (PD17) Staff Recommendation: The Planning Commission approve Planning Commission Reso lution A approving Tree Removal Permit (TRP) 2015-0187. 2 PC Draft Action Minutes of 7/21/15 Page 3 of 5 Contract Planner Banister, Assistant Planner Castillo, and Interim Director Broad answered questions from the Commission . Interim Director Broad clarified that the Commission can recommend in their motion which Alternatives they prefer in the conditions of approval. PUBLIC COMMENT The following person spoke on this item: Susan McIntosh. Chairperson Dariz closed the Public Comment period. MOTION: By Commissioner Schmidt and seconded by Commissioner Bentz to adopt PC Resolution 2015-0024 approving PLN 2015-1560/TRP 2015-0187 to allow the removal of one (1) diseased Coast Live Oak tree with a diameter of 49-inches subject to replanting mitigation and conditions of approval, with a condition to plant one (1) replacement tree on the property, and the option to work with staff on remaining tree plantings and mitigation. Motion passed 6:0 by a roll-call vote. PUBLIC HEARINGS 4. PLN 2015-1548, PRECISE PLAN, TREE REMOVAL PERMIT, AND CERTIFICATION OF MITIGATED NEGATIVE DECLARATION AT 6525 LOMITAS ROAD Property Owner/Applicant: Donald and Martha Dutcher, 6450 Lomitas Rd., Atascadero, CA 93422 Project Title: PLN 2015-1548 / PPN 2015-0262 / TRP 2015-0184 Construct a single-family dwelling with an attached garage and separate detached garage. Grading and the removal of native trees required for the building pads and driveway. Project Location: 6525 Lomitas Rd., Atascadero, CA 93422 (San Luis Obispo County) APN: 055-451-018 Project Description: The project consists of an application to construct a 2,136 square foot (SF) single -family home with a 720 SF attached garage and a separate 1,200 SF detached garage. The project will include a circular, 12-foot-wide gravel driveway and an on-site septic system. The project will result in an increase of 8,300 SF of impervious surface. The 3.1 acre lot has a natural grade ranging from 6% to more than 45%. The proposed building pad is located on the flatter area near Lomitas Road, and has a natural grade o f 10-14%. Grading for the project will be approximately 400 cubic yards of cut and 400 cubic yards of fill. The property has hundreds of native oaks trees, four of which are proposed for removal. General Plan Designation: RE Zoning District: RS 3 PC Draft Action Minutes of 7/21/15 Page 4 of 5 EX PARTE COMMUNICATIONS None Contract Planner Banister gave the staff report and answered questions from the Commission. PUBLIC COMMENT The following people spoke on this item: Martha Dutcher and Eric Gobler. Chairperson Dariz closed the Public Comment period. MOTION: By Commissioner Bentz and seconded by Commissioner Schmidt to adopt PC Resolution 2015- 0021 adopting proposed Mitigated Negative Declaration 2015-0005 prepared for the development of a single- family home, at 6525 Lomitas Road, subject to mitigation measures; and, MOTION: By Commissioner Bentz and seconded by Commissioner Schmidt to adopt PC Resolution 2015- 0022 to allow the removal of four (4) native trees to allow the development of a single-family residence at 6525 Lomitas Road, subject to conditions of approval. Motion passed 6:0 by a roll-call vote. COMMISSIONER COMMENTS AND REPORTS None DIRECTORS REPORT Interim Director Broad gave updates on the Korean BBQ, the Alehouse, and a status update on subdivisions. Assistant Planner Castillo gave an update on the El Corte project. Proposed Environmental Determination: Based on the Initial Study prepared for the project, a Mitigated Negative Declaration is proposed. The MND is available for public review from 6-29-15 through 7-20-15 at 6500 Palma Avenue, Community Development Department from 8:30 a.m. to 5:00 p.m. Monday through Friday, and on the website at www.atascadero.org/environmentaldocs. Staff Recommendation: The Planning Commission approve Planning Commission Resolution A adopting the corrected Mitigated Negative Declaration for the project, and approve Planning Commission Resolution B authorizing Tree Removal Permit 2015 -0184 to remove two (2) live oak trees totaling 36-inches DBH and two (2) valley oak trees totaling 54-inches DBH. 4 PC Draft Action Minutes of 7/21/15 Page 5 of 5 ADJOURNMENT – 7:56 p.m. The next regular meeting of the Planning Commission is scheduled for August 4, 2015, at 7:00 p.m. at City Hall, Council Chambers, 6500 Palma Avenue, Atascadero. MINUTES PREPARD BY: _____________________________ Annette Manier, Recording Secretary 5 6 Atascadero Planning Commission Staff Report - Community Development Department Katie Banister, Contract Planner, 470-3480, kbanister@atascadero.org PLN 2015-1561 / CUP 2015-0293 Oversized Detached Accessory Structure 12680 San Cayetano Road (LaPrade) SUBJECT: The project is a detached accessory structure that exceeds fifty percent (50%) of the gross floor area of the primary residence in the Residential Suburban (RS) zoning district. RECOMMENDATION: Staff Recommends: The Planning Commission adopt Resolution PC 2015-0026 approving CUP 2015-0293 allowing a 1,520 square foot detached accessory structure based on findings and subject to conditions of approval. Situation and Facts 1. Applicant/Owner: H. Wayne LaPrade, 12680 San Cayetano Road, Atascadero, CA 93422 2. Project Address: 12680 San Cayetano Road, Atascadero, CA 93422 APN 055-431-012 3. General Plan Designation: Rural Estate (RE) 4. Zoning District: Residential Suburban (RS) 5. Site Area: 1.22 acres 6. Existing Use: Single family residence 7. Environmental Status: Section 15303 Categorical Exemption: New Construction or Conversion of Small Structures ITEM NUMBER: 2 DATE: 8-4-15 7 DISCUSSION: Background The site is located at 12680 San Cayetano Road and is approximately 1.2 acres in size. Entry and exit is from a private asphalt driveway shared with at least 3 other neighbors. The property abuts the Graves Creek Reserve to the eas t. The applicant proposes to build a 1,520 square foot open-sided carport to store a recreational vehicle and boat. The existing residence and attached garage on the property total 2,773 square feet. Atascadero Municipal Code Section 9-6.106 limits the size of detached accessory structures to 50% of the size of the principal structure , which in this case would limit the applicant to a 1,387 square foot structure. The floor area of the proposed structure is 55% of the size of the primary residence. Deviation from the standard may be allowed by the Planning Commission through the approval of a conditional use permit (CUP). Location and Zoning Project Site 12680 San Cayetano Road RS Zoning Graves Creek Reserve 8 Surrounding Land Use and Setting: North: Residential Suburban (RS) South: Residential Suburban (RS) East: Open Space (OS) Residential Suburban (RS) West: Residential Suburban (RS) ANALYSIS: The property is located in a small valley with very large oak trees, which give the area an idyllic, park-like setting. Much of the land in the vicinity is undeveloped. Despite the rural nature of the neighborhood, the houses are situated relatively close to one another. The developed areas utilize the flatter ground near Graves Creek. The Graves Creek Reserve is directly to the east, while open space for the 3F Meadows development is on the steeper ground to the west (Lot B of the Master Plan of Development for PD11). San Cayetano Road was not completed, and the subject property shares a relatively narrow driveway with adjacent properties. The residences on either side (12650 and 12700 San Cayetano Road) will have a view of the project. Site Photograph 12700 San Cayetano Road and the RV to be housed in the structure are in the background, the building site is in the middle ground, and oak trees are in the foreground. Applicant’s residence is located to the right. 9 Aerial Photograph The proposed structure is an open-sided metal building on a concrete slab foundation. The applicant reports the 1,520 square foot size is needed to hold his motor coach, boat and pick-up. The building will be constructed of I-beam support members and given a metal roof. The applicant proposes a dark gray color for the building materials, and native plants as landscaping to screen the building and integrate its appearance with the surrounding neighborhood. Rendering of proposed garage Proposed location for structure Shared driveway Unconstructed Road 10 Many large native oak trees are located on site and in the area. The proposed footprint for this project is proximate to the dripline of several native oak trees, which will require tree protection fencing during construction. The slope is relatively gentle (5% or less) and will require minimal grading to allow construction of the foundation. Detached accessory structures nearby are generally constructed at a smaller scale than this project, with the exception of agricultural outbuildings on some larger, less wooded parcels. There are many houses in the area with recreational vehicles parked in the driveway. While the proposed project is larger than other garages, it is only 133 square feet in excess of the size limitation. Photographs of accessory structures in the neighborhood Findings for a Conditional Use Permit The Planning Commission must make the following seven findings in order to approve a CUP. If the Commission chooses to deny the project, site specif ic findings for denial must be cited. 1. The proposed project or use is consistent with the General Plan and the City’s Appearance Review Manual. Staff Comment: Goal 1 of the Land Use, Open Space and Conservation Element is to “Protect and preserve the rural atmosphere of the community”. In support of this goal, Policy 1.1.6 is to “Update and maintain th e Zoning Ordinance to address the size, use, and appearance of accessory structures to 11 ensure neighborhood compatibility.” While single family residences are not generally subject to appearance review, the Appearance Review Manual does address metal buildings. The use of architectural details such as wing walls, parapets, and pop-outs in metal buildings is encouraged. Exposed metal is required to be of architectural quality, and color and texture harmonious with the surrounding neighborhood. Landscape treatment is also required. This structure is large compared with other accessory structures in the neighborhood. It is made of materials not commonly used in th e vicinity. However, the roof-line is similar to the Gambrel roof of many barns in the county known as Dunn Barns. The applicant intends to use colors compatible with the neighborhood and to screen the building using native plants. T he vehicles to be stored in this structure are currently parked in plain view on the property near the driveway. Putting these vehicles under this barn-like designed structure will reinforce the rural character of the neighborhood. 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance). Staff Comment: Residential accessory structures are an allowed use in the Residential Suburban zoning district. In conformance with the Zoning Ordinance, the proposed structure will be used for non -commercial amusements or hobbies, and for storage of vehicles owned by the occupants. As proposed, the use of the structure is not anticipated to create a nuisance. It will meet the property’s rear and side yard setback requirements, and will not be located in the required front yard setback. The project proposes a single accessory structure, which will not exceed the limit of two. The project, with Planning Commission approval of the CUP for a size exception, satisfies all applicable provisions of the zoning ordinance related to residential accessory structures. 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 structure is intended primarily for the storage of vehicles and will not be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, and will not be detrimental or injurious to property or improvements in the vicinity of the use. The structure will house vehicles currently stored onsite in the open, and will make them less of a fire and safety hazard to the neighborhood. 12 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: While the proposed project is larger than similar buildings in the neighborhood, the design has massing and a roofline that is consistent with the rural the character of the neighborhood. 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. Staff Comment: The proposed project will not generate additional traffic beyond the safe capacity of existing roadways. The project will house vehicles already stored on-site and will not cause their increased use. 6. That the proposed project is in compliance with any pertinent City policy or criteria adopted by ordinance or resolution of the City Council. Staff Comment: City policy requiring review of large accessory buildings in the residential zoning districts is intended to prevent the placement of outsized industrial-type structures in residential neighborhoods. While this structure is large, it will be open-sided and designed to resemble a barn. It will have native plants screening its base. In addition, the project exceeds the size standard for detached accessory structures by only 133 square feet, or 5%. As conditioned, the proposed project complies with City policy and does not significantly detract from the character of the neighborhood. 7. Any additional findings deemed necessary. Staff Comment: No other finding is deemed necessary. Based on staff’s analysis and the conditions of approval contained in the resolution, the Planning Commission can make all the required findings for approval of this conditional use permit. ENVIRONMENTAL DETERMINATION: The project qualifies for a Categorical Exemption under CEQA Sec tion 15303, New Construction or Conversion of Small Structures, specifically the construction of accessory structures including garages. CONCLUSION: The applicant is proposing a detached accessory structure with a gross floor area in excess of 50% of the gross floor area of the primary structure. The proposed design of the structure is consistent with the character of neighborhood. 13 ALTERNATIVES: 1. The Commission may include modifications to 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 must specify the reasons for denial of the project and make an associated finding with such action. ATTACHMENTS: Attachment 1: Draft Resolution PC 2015-0026 14 ATTACHMENT 1: Draft Resolution PC 2015-0026 DRAFT RESOLUTION PC 2015-0026 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING CONDITIONAL USE PERMIT 2015-0293 (PLN 2015-1561) ALLOWING A DETACHED ACCESSORY STRUCTURE WHICH EXCEEDS FIFTY PERCENT OF THE SIZE OF THE PRIMARY RESIDENCE APN 055-431-007 (12680 SAN CAYETANO ROAD / LAPRADE) WHEREAS, an application has been received from Applicant and Property Owner, H. Wayne LaPrade, (12680 San Cayetano Road Atascadero, CA 93422) to consider a Conditional Use Permit (CUP 2015-0293) to allow a 1,520 square foot detached accessory structure, which is larger than 50% of the gross floor area of the primary structure; and, WHEREAS, the site’s General Plan designation is Rural Estate (RE); and, WHEREAS, the site’s zoning is Residential Suburban (RS); 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 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 Minor Conditional Use Permit application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Conditional Use Permit; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on August 4, 2015, studied and considered the Conditional Use Permit 2015-0293; and, 15 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, New construction or conversion of small structures, of the California Environmental Quality Act. SECTION 2. Findings for approval of Conditional Use Permit. The Planning Commission finds as follows: 1. The proposed use is consistent with the General Plan and the City’s Appearance Review Manual; and, 2. The proposed project 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 will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 5. That the proposed 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; and, 6. That the proposed project is in compliance with any pertinent City policy or criteria adopted by ordinance or resolution of the City Council. SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on August 4, 2015 resolved to approve Conditional Use Permit 2015-0293 subject to the following: EXHIBIT A: CEQA Exemption EXHIBIT B: Conditions of Approval EXHIBIT C: Site Plan EXHIBIT D: Elevations EXHIBIT E: Floor/Foundation Plan 16 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 ______________________________ Mark Dariz Planning Commission Chairperson Attest: ______________________________ Gary Broad Planning Commission Secretary 17 EXHIBIT A: Notice of Exemption PLN 2015-1561 / CUP 2015-0293 18 EXHIBIT B: Conditions of Approval PLN 2015-1561 / CUP 2015-0293 Conditions of Approval PLN 2015-1561 / CUP 2015-0293 12680 San Cayetano Road Detached Accessory Structure Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Planning Services Conditions 1. This Conditional Use Permit shall allow for the construction of a 1,520 square foot detached accessory structure at 12680 San Cayetano Road described on the attached exhibits and located on APN 055-431-007, regardless of owner. Ongoing PS 2. The approval of this use permit shall become final and effective for the purposes of issuing building permits fourteen (14) days following the Planning Commission approval unless prior to the time, an appeal to the decision is filed as set forth in Section 9- 1.111(b) of the Zoning Ordinance. Ongoing PS 3. The Community Development Department shall have the authority to approve 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. BP PS, CE 4. Approval of this Conditional Use Permit shall be valid for twenty- four (24) months after its effective date. At the end of the period, the approval shall expire and become null and void unless the project has received a building permit. BP PS 5. The applicant shall defend, indemnify, and hold 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 master plan of development. Ongoing PS 6. Architectural elevations shall be consistent with Exhibit D. The use of architectural grade quality elements shall be used. Building color shall be a dark color (e.g. dark grey, black or dark brown). FI PS 7. The accessory structure shall have drought tolerant landscaping installed on the northwest and southeast facing sides of the structure. Plant selection shall include a sufficient quantity of shrubs with a minimum expected height of 4 feet tall to screen the structure. The landscaping shall be provided with drip-type irrigation. FI PS 8. All utilities servicing the accessory structure shall be installed underground. BP BS 9. The accessory structure shall not be used as a secondary residential unit or studio. The accessory structure shall not have Ongoing PS 19 Conditions of Approval PLN 2015-1561 / CUP 2015-0293 12680 San Cayetano Road Detached Accessory Structure Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney a kitchen or wet bar. A deed restriction which limits the building to non-habitable space (U occupancy) shall be recorded prior to building permit issuance if a utility bathroom, shower or any other plumbing is proposed to be installed in the accessory structure. 10. Work around native trees shall comply with the Atascadero Native Tree Ordinance. Native trees with driplines within 20 feet of any construction activities will be protected by temporary fencing and other tree protection measures determined necessary by a certified arborist and/or the Community Development Department. BP PS 20 EXHIBIT C: Site Plan PLN 2015-1561 / CUP 2015-0293 5 ft. 30 foot wide access easement 21 EXHIBIT D: Elevations PLN 2015-1561 / CUP 2015-0293 22 EXHIBIT E: Floor / Foundation Plan PLN 2015-1561 / CUP 2015-0293 23 24