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HomeMy WebLinkAboutPC_2016-05-03_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, May 3, 2016 – 7:00 P.M. Historic City Hall Council Chambers 6500 Palma Avenue, 4th Floor Atascadero, California 93422 CALL TO ORDER Pledge of Allegiance Roll Call: Chairperson Jan Wolff Vice Chairperson Duane Anderson Commissioner David Bentz Commissioner Mark Dariz 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, May 3, 2016 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 MARCH 15, 2016 COMMUNITY DEVELOPMENT STAFF REPORTS 2. PLN 2016-1587, TREE REMOVAL FOR 5393 BARRENDA AVE. Property Owner/Applicant: Wanda Cebulla, 5393 Barrenda Ave., Atascadero, CA 93422 Certified Arborist: Chip Tamagni, A&T Arborist, PO Box 1311, Templeton, CA 93465 Project Title: PLN 2016-1587 / TRP 2016-0198 Project Location: 5393 Barrenda Ave., Atascadero, CA 93422 APN 029-061-030 (San Luis Obispo County) Project Description: The project consists of a request to remove a 44-inch diameter valley oak. The tree is 8 feet from the home and 6 feet from a failing retaining wall. The residents have applied for a building permit (BLD 2016-13342) to replace the retaining wall and the repairs will destabilize the tree and create a hazard. General Plan Designation: High Density Residential (HDR) Zoning District: High Density Residential Multi-family (RMF-20) City Staff: Katie Banister, Assistant Planner, kbanister@atascadero.org, Phone: 470 -3480 Staff Recommendation: The Planning Commission adopt PC Resolution 2016-A approving Tree Removal Permit 2016-0198. City of Atascadero Planning Commission Agenda Regular Meeting, May 3, 2016 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 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, Condit ional Use Permits, and Planned Development Permits. This does not disqualify the Planning Commission Member from participating and voting on the matter, but gives the public and applicant an opportunity to comment on the ex parte communication. (For each of the following items, the public will be given an opportunity to speak. After a staff report, the Chair will open the public hearing and invite the applicant or applicant’s representative to make any comments. Members of the public will be invited t o 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 the Commiss ion will discuss the item and take appropriate action(s).) 3. PLN 2016-1586, CONDITIONAL USE PERMIT FOR 8355 CARMELITA AVE. COMMISSIONER COMMENTS AND REPORTS DIRECTOR’S REPORT ADJOURNMENT The next regular meeting will be on May 17, 2016 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. Property Owner/Applicant: Damon Meeks, 8355 Carmelita Ave., Atascadero, CA 93422 Project Title: PLN 2016-1586 / CUP 2016-0296 Project Location: 8355 Carmelita Ave., Atascadero, CA 93422 APN 031-221-011 (San Luis Obispo County) Project Description: The project consists of a proposal for an oversized detached accessory structure in a residential zone. The 2,000 square foot metal structure with no sides is greater than 50% of the size of the primary residence. The structure will be used to shade a half-court basketball court. General Plan Designation: Single Family Residential SFR-Y Zoning District: Residential Single Family RSF-Y Proposed Environmental Determination: The proposed project is categorically exempted from the California Environmental Quality Act (CEQA) Section 15303: New construction or conversion of small structures including accessory structures such as garages and carports. City Staff: Katie Banister, Assistant Planner, kbanister@atascadero.org, Phone: 470-3480 Staff Recommendation: The Planning Commission adopt PC Resolution 2016-A approving CUP 2016-0296 allowing the construction of a 2,000 square -foot accessory structure, based on findings and subject to conditions. City of Atascadero Planning Commission Agenda Regular Meeting, May 3, 2016 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 personal remarks concerning any other individual, absent or present. 6. All comments limited to 3 minutes. If you wish to use a computer presentation to support your comments, you must notify the Community Development Department at 470-3402 at least 24 hours prior to the meeting. Digital presentations brought to the meeting 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 3/15/16 Page 1 of 3 CITY OF ATASCADERO PLANNING COMMISSION DRAFT ACTION MINUTES Regular Meeting – Tuesday, March 15, 2016 – 7:00 P.M. City Hall Council Chambers 6500 Palma Avenue, Atascadero, California CALL TO ORDER - 7:01 p.m. Chairperson Wolff called the meeting to order at 7:01 p.m. and Commissioner Schmidt led the Pledge of Allegiance. ROLL CALL Present: Commissioners Bentz, Dariz, Bourbeau, Schmidt, Seay, Vice Chairperson Anderson, and Chairperson Wolff Absent: None Others Present: Recording Secretary, Annette Manier Staff Present: Community Development Director, Phil Dunsmore Associate Planner, Alfredo Castillo APPROVAL OF AGENDA MOTION: By Commissioner Dariz and seconded by Commissioner Bourbeau to approve the Agenda. Motion passed 7:0 by a roll-call vote. PUBLIC COMMENT None Chairperson Wolff closed the Public Comment period. PLANNING COMMISSION BUSINESS Chairperson Wolff asked to move this item to the Commissioner Comments and Reports Section. ITEM NUMBER: 1 DATE: 5-3-16 1 PC Draft Action Minutes of 3/15/16 Page 2 of 3 CONSENT CALENDAR 1. APPROVAL OF DRAFT ACTION MINUTES OF MARCH 1, 2016 MOTION: By Commissioner Bourbeau and seconded by Commissioner Bentz to approve the consent calendar, with one change on Page 3 under Ex Parte to state that Community Development Director Dunsmore (not Mr. Bourbeau) copied members of the Commission on the email. Motion passed 7:0 by a roll-call vote. COMMUNITY DEVELOPMENT STAFF REPORTS 2. PLN 2006-1133 ANNUAL GENERAL PLAN / HOUSING REPORT The State of California requires all cities to file an Annual General Plan / Housing Report to the Department of Housing and Community Development (HCD) and the State Department of Office Planning and Research (OPR). The purpose of the Report is to monitor the implementation of the City’s General Plan Housing Element and progress toward meeting the City’s Regional Housing Needs Allocation (RHNA), as well as review the General Plan to ensure the City is meeting the goals and objectives established by the Plan. Associate Planner Castillo gave the staff report, and distributed Exhibit A to the Commission. Mr. Castillo clarified that the numbers in the text and table on Page 10 will be corrected, and the presentation slide (which showed 912 finaled building permits and the published number was 921) will also be corrected before the final report goes to Council. Mr. Castillo and Community Development Director Dunsmore answered questions from the Commission. PUBLIC COMMENT: None The Commissioners received and filed this report. PUBLIC HEARINGS None PUBLIC COMMENT None COMMISSIONER COMMENTS AND REPORTS/PLANNING COMMISSION BUSINESS Commissioner Bourbeau asked if the City had a policy on business license/TOT tax on vacation rentals, Airbnb, and VRBO and referred to a recent article in The Tribune. 2 PC Draft Action Minutes of 3/15/16 Page 3 of 3 Associate Planner Castillo answered questions regarding the current policy. The current policy requires a Business License/Vacation Rental application that allows one to rent their entire home. The code does not describe renting an individual room in your home. For this purpose, we have a Bed & Breakfast category, for transient purposes, which requires a CUP. It is estimated that Atascadero currently has approximately 12 - 14 licensed vacation rentals and 2 licensed Bed & Breakfast business licenses. Community Development Director Dunsmore stated that Atascadero does not currently have homestay regulations that speak to uses such as Airbnb, and therefore, we can have a discussion on this at a later date at the Commission’s desire. The Commission was in agreement to recommend to the City Council that we have a firm policy in place to address all rental options. Commissioner Dariz announced that April 15-16 is Relay for Life in Sunken Gardens, and Atascadero Kiwanis Club participates with the team. DIRECTORS REPORT Community Development Director Dunsmore announced that the next Planning Commission hearing on April 5, 2016, may be cancelled. Some development projects to be heard in the future are Emerald Ridge and the downtown zoning text change. ADJOURNMENT – 8:20 p.m. The next regular meeting of the Planning Commission is scheduled for April 5, 2016, at 7:00 p.m. at City Hall, Council Chambers, 6500 Palma Avenue, Atascadero. MINUTES PREPARD BY: ____________________________ Annette Manier, Recording Secretary Exhibit A – Email from Alfredo Castillo to Charles Bourbeau, Planning Commissioner Adopted 3 ITEM NUMBER: ITEM NUMBER: 2 DATE: 5-3-16 Atascadero Planning Commission Staff Report – Community Development Department Katie Banister, Assistant Planner, 470-3480, kbanister@atascadero.org PLN 2016-1587 Tree Removal Permit 2016-0198 5393 Barrenda Ave. (Cebulla) SUBJECT: The applicant is requesting the removal of one (1) native tree on a lot with a Colony Home. The tree is a 44” diameter valley oak. RECOMMENDATION: Staff Recommends: The Planning Commission adopt Resolution PC 2016-A to allow the removal of one (1) native tree, based on findings and subject to mitigation. Situation and Facts: 1. Property Owner / Applicant: Wanda Cebulla 5393 Barrenda Ave. #B, Atascadero, CA 93422 2. Project Address: 5393 Barrenda Ave. (APN 029-061-030) Atascadero, CA 93422 3. Certified Arborist: Chip Tamagni, A&T Arborists PO Box 1311, Templeton CA 93465 4. General Plan Designation: High Density Residential (HDR) 5. Zoning District: Multi-Family Residential – 20 (RMF-20) 6. Site Area: Approximately 0.27 acres 7. Existing Use: Multi-family residence (duplex) 4 ITEM NUMBER: ITEM NUMBER: 2 DATE: 5-3-16 Project Location ANALYSIS: The subject property is a Colony Home on Barrenda Avenue near Traffic Way, north of downtown. The property slopes uphill from the street; the front yard is made more level by an approximately 5 foot-tall retaining wall. The subject oak tree is located between the wall and the residence. It is 8 feet from the residence foundation and 6 feet from the wall. The applicant seeks a building permit to replace the retaining wall, which is failing. Retaining wall in front of 5393 Barrenda 5393 Barrenda Ave. RSF-Y RMF-20 RMF-10 P 5 ITEM NUMBER: ITEM NUMBER: 2 DATE: 5-3-16 A structural analysis of the retaining wall by Michael Shick, P.E. notes the wall is concrete with a stucco finish. It was likely constructed at the same time as the residence some 90 years ago. The rate of failure is slow, but the wall will eventually need to be replaced. The proposed replacement wall will have a 4-foot deep footing. The project arborist reports letting the wall fail would likely result in the tree toppling into the street. The small yard area is not sufficient to support a tree of this size. Digging near the retaining wall has revealed roots, which will require pruning to accommodate the new wall and footing. Cutting these roots will leave the tree unstable. The arborist recommends the tree be removed. Valley oak at 5393 Barrenda Avenue 44-inch valley oak tree Impaired retaining wall 6 ITEM NUMBER: ITEM NUMBER: 2 DATE: 5-3-16 FINDINGS: In considering any tree removal request, at least one of the required findings must be made. Staff has identified the following finding as appropriate for the application request. (v) The tree is obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from the site planner and determined by the Community Development Department based on the following factors: a. Early consultation with the City, b. Consideration of practical design alternatives, c. Provision of cost comparisons (from applicant) for practical design alternatives, d. If saving tree eliminates all reasonable use of the property, or e. If saving the tree requires the removal of more desirable trees. Staff comment: The retaining wall must be replaced to prevent failure into Barrenda Avenue. The applicant attempted to retain the tree . The project arborist determined it was impractical to save the tree, which would likely result in damage to the residence or nearby utilities. The yard is too small to support such a large tree with roots severed by construction to rebuild the wall. ALTERNATIVES: 1. The Commission may approve the project with additional or revised project conditions. 2. The Commission may deny the project if it is found that the required findings cannot be made. The Commission’s motion to deny must include a finding basis for denial. 3. The Commission may continue the hearing and refer the item back to staff for additional information or analysis. Direction should be given to staff and the applicant on required information. ATTACHMENTS: Attachment 1 – Arborist Report Attachment 2 – Draft Resolution PC 2016-A Bond payment for tree #31, impacted 45% : 44-inch valley oak tree Impaired retaining wall 7 ITEM NUMBER: ITEM NUMBER: 2 DATE: 5-3-16 ATTACHMENT 1: Arborist Report PLN 2016-1587 / TRP 2016-0198 3-25-16 This removal report is in regard to the 44 inch diameter valley oak (Quercus lobata) located in the front yard of 5393 Barrenda Avenue in Atascadero, CA. A & T Arborists was called out to inspect this tree as a new retaining wall was planned to replace to old one that is beginning to fall into the street. Some very p reliminary excavation had been done to remove some soil on the outside of the retaining wall where roots were seen to be growing. A new retaining wall would have required a four foot deep footing that would have significantly impacted the tree rendering it unstable. Currently, the tree is located six feet from the front retaining wall that is approximately five to six feet tall, nine feet from the in-ground stairwell, and eight feet from the home foundation. This available root area is much too small to support a tree this large. Any root pruning could easily jeopardize the structural stability of this tree. Even if left alone, the retaining wall will soon fall into the street and the tree could topple over and take out power lines and damage the home across the street. With considering the above, we strongly feel this tree has outlived its useful life expectancy in this constricted area. Please see the photographs on the following pages. Chip Tamagni Certified Arborist #WE 6436-A California State Pest Control Advisor #75850 Certified Hazard Risk Assessor #1209 Cal Poly B.S. Forestry and Natural Resources Management 8 ITEM NUMBER: ITEM NUMBER: 2 DATE: 5-3-16 ATTACHMENT 2: Draft Resolution PC 2016-A PLN 2016-1587 / TRP 2016-0198 DRAFT RESOLUTION NO. PC 2016-A A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING PLN 2016-1587 / TRP 2016-0198, TO ALLOW THE REMOVAL OF ONE (1) VALLEY OAK TREE TOTALING 44 INCHES DIAMETER LOCATED AT 5393 BARRENDA AVE. (APN 029-061-030) WHEREAS, an application was received from Wanda Cebulla, 5393 Barrenda Ave. #B, Atascadero, CA 93422 (Property Owner), and by Chip Tamagni, A&T Arborists, PO Box 1311, Templeton California 93465 (Arborist), for a Tree Removal Permit to remove one (1) valley oak tree totaling forty-four (44) inches diameter. WHEREAS, the Planning Commission reviewed the proposed Tree Removal Permit application on May 3, 2016, at 7:00 p.m. and considered testimony and reports from staff, the applicants, and the public; and, NOW THEREFORE, the Planning Commission of the City of Atascadero, California takes the following actions: SECTION 1. Findings for tree removal. The Planning Commission finds as follows: The tree is obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from the site planner and determined by the Community Development Department. SECTION 2. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on May 3, 2016, and resolved to approve Tree Removal Permit 2016- 0198, subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Required Tree Removal Mitigation 9 ITEM NUMBER: ITEM NUMBER: 2 DATE: 5-3-16 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: ( ) ABSENT: ( ) ABSTAINED: ( ) ADOPTED: CITY OF ATASCADERO, CA _________________________________________ Jan Wolff Planning Commission Chairperson ATTEST: ___________________________________ Phil Dunsmore Planning Commission Secretary 10 ITEM NUMBER: ITEM NUMBER: 2 DATE: 5-3-16 EXHIBIT A: Conditions of Approval / Mitigation Monitoring PLN 2016-1587 / TRP 2016-0198 Conditions of Approval PLN 2016-1587 / TRP 2016-0198 5393 Barrenda Ave. Timing FM; Final Map 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 1. The approval of this application shall become final, subject to the completion of the conditions of approval, fourteen (14) days following the Planning Commission approval unless prior to that time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. Tree removal PS 2. The applicant and/or subsequent owners 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 proposed tree removal. Ongoing PS 3. The owner or applicant shall mitigate the tree removal by replanting native trees, making appropriate payment to the tree mitigation fund, or a combination thereof as shown in Exhibit B. Larger box trees may be substituted for five-gallon replacement trees consistent with the Atascadero Native Tree Guidelines. Tree removal PS 4. Payment to the tree mitigation fund or approval of a tree replanting and irrigation plan shall occur before trees are removed. Tree removal PS 5. If tree replanting is selected, the owner or applicant shall provide irrigation to new trees until they are established. Tree planting PS 11 ITEM NUMBER: ITEM NUMBER: 2 DATE: 5-3-16 Exhibit B Required Tree Removal Mitigation PLN 2016-1587 / TRP 2016-0198 Evergreen Native Trees (inches)Deciduous Native Trees (inches)Totals dbh notes dbh notes 1 1 44-inches valley oak 2 2 3 3 4 4 5 5 6 6 Total 0-inches Total 44-inches 44-inches Mitigation Requirement req'd tree replacements:0 five gal trees req'd tree replacements:15 five gal trees 15 five gal trees Proposed Replanting 0 five gal trees Proposed Replanting 0 five gal trees 0 five gal trees 0 box trees (24'')0 box trees (24'')0 box trees (24'') Remaining Mitigation 0 five gal trees Remaining Mitigation 15 five gal trees 15 five gal trees Tree Fund Payment:-$ Tree Fund Payment:733.33$ 733.33$ Either plant fifteen (15) 5-gallon oak trees, or pay $733.33 to the City’s native tree mitigation fund, or a combination thereof. 12 Atascadero Planning Commission Staff Report - Community Development Department Katie Banister, Assistant Planner, 470-3480, kbanister@atascadero.org PLN 2016-1586 / CUP 2016-0296 Oversized Accessory Structure 8355 Carmelita Avenue (Meeks) SUBJECT: The project is a detached accessory structure in excess of fifty percent (50%) of the gross floor area of the primary residence in the Residential Single-Family (RSF-Y) zoning district. RECOMMENDATION: Staff Recommends: The Planning Commission (PC) adopt Resolution PC 2016-A approving Conditional Use Permit (CUP) 2016-0296 allowing a 2,000 square-foot detached accessory structure based on findings and subject to conditions of approval. DISCUSSION: Situation and Facts 1. Owner / Applicant: Damon Meeks, 8355 Carmelita Ave. Atascadero, CA 93422 2. Project Address: 8355 Carmelita Ave, Atascadero, CA 93422 APN 031-221-011 3. General Plan Designation: Single-Family Residential (SFR-Y) 4. Zoning District: Residential Single-Family (RSF-Y) 5. Site Area: 1 acre 6. Existing Use: Single-family residence Colony House 7. Environmental Status: Section 15303 Categorical Exemption: New Construction or Conversion of Small Structures ITEM NUMBER: 3 DATE: 5-3-16 13 Background The site is located on Carmelita Avenue between Curbaril Avenue and Portola Road. The property is one acre in size. The 2,000 square-foot, 19 foot high, open-sided metal structure will be used to cover a half -court basketball court for use by the applicant’s children and their friends. The 1,108 square-foot residence is cataloged in the Atascadero Historical Society’s list of Colony Homes. The Society’s list states the house was constructed in 1924. The County’s records date the house to before 1920. The applicant owns a business, Superior Crane and Transport, which he has operated from this site since 2004 as a home occupation. The business license was approved for office use only, with a condition that no outdoor storage associated with the business is permitted. Location and Zoning Surrounding Land Use and Setting: North: Residential Single-Family (RSF-Y) South: Residential Single-Family (RSF-Y) East: Atascadero Creek Low Density Residential Multi-family (RMF-10) West: Residential Single-Family (RSF-Z) Project Site 8355 Carmelita RMF-10 RSF-Z RSF-Y Distric t LSF-X CR RS 14 ANALYSIS: Residential Accessory Use Atascadero Municipal Code (AMC) Section 9-6.106 limits residential properties to two detached accessory structures requiring building permits. These structures can each be as large as 50% of the size of the primary resi dence. Deviation from these standards requires a minor Conditional Use Permit (CUP). Without a CUP, this detached accessory structure would be limited to 554 square-feet of floor area. The floor area of the proposed 2,000 square-foot structure is approximately 181% of the size of the primary residence. The structure is entirely unconditioned space. If the structure had walls, fire suppression sprinklers would be required. The applicant does not intend to install any plumbing fixtures or electricity in the building at this time. In the future, the applicant intends to add sides to the structure, which will then require plumbing for the fire suppression system . The proposed structure will be located behind the residence, but will be visible from the street when traveling on Carmelita from the south. The structure will also be near the northern and eastern property lines. The property to the north has the most direct view of the proposed structure. Properties to the east are generally screened from view by topography, vegetation and accessory structures. Staff has included a condition to provide vegetative screening along the north and east sides of the structure. View of the site looking northeast from southwest corner on Carmelita. The metal structure in the middle ground will be removed. The proposed structure will be placed beyond this structure, in the northeast corner of the property. 15 There are currently three detached accessory structures greater than 120 square feet in size on the property and at least two smaller sheds. The three structures requiring building permits are: 1. A 225 square-foot structure built before 1920, described by the county as originally a cabin. The structure is currently used for storage. The applicant intends to retain this structure, which is not visible from the street. 2. A 450 square-foot metal shed/car port built around 2004. The applicant intends to demolish or remove this building, which is visible from the street. 3. A cargo container (seatrain), which staff estimates is 8 feet wide and 20 feet long (160 square feet). This container was installed on the property before standards were adopted in 2013 for this type of structure. The applicant would like to retain this non-conforming structure, which is not visible from the street. Metal carport to be demolished or removed Cargo container with a smaller shed to the left Metal carport with a smaller shed to the right Open storage area on the southern property line In addition, the property has scrap materials and miscellaneous articles stored in multiple locations on the property including an open area on the southern property line. The Municipal Code limits this type of storage to an area no greater than 200 square feet and 5 feet tall. The area must be located outside the required building setbacks and screened with a 6 foot tall solid fence or wall (AMC 9 -6.103(f)). 16 Aerial photograph of the site Home Occupation The applicant operates a contract construction business as a licensed home occupation. Home occupations are not permitted to alter the residential nature of a property (AMC 9-6.105). The applicant’s business license is conditioned to allow no outdoor storage related to the home occupation. Currently, the applicant stores two boom crane trucks on the property in generally the same location proposed for the new metal building. When staff visited the property, three cranes were parked onsite due to one being under repair. The accessory storage of commercial vehicles is “allowed in residential zones when the resident of the premises can show that: (i) The site is of sufficient size to allow parking of the vehicle in the buildable area of the site; and (ii) The number of such vehicles is limited to a maximum of one (1); and Residence Cargo container (now turned 90°) 1920’s “Cabin” Smaller sheds Metal carport (to be removed) Open storage area Proposed location for new structure 17 (iii) The vehicle can be maintained on the site in a manner which will not be disturbing to nearby residents as a result of unsightly appearance, excessive noise, or operation between 9:00 p.m. and 7:00 a.m.; and (iv) The vehicle due to its size, length or weight will not damage streets leading to the site beyond normal levels and will not create traffic safety problems due to maneuvering necessary to enter and exit the site; and (v) There are no other suitable locations available to store the vehicle.” (AMC 9- 6.103). Applicant’s commercial vehicles While the property appears to be of sufficient size to park these vehicles, the applicant exceeds the maximum number allowed by the Municipal Code. Two neighbors have written to and spoken with staff about the unsightly appearance of the property and the cranes in particular. The new structure will likely require the cranes be moved into another location on the property that may be more visible from Carmelita Avenue. The applicant reports the cranes weigh 40,000 and 60,000 pounds, respectively. The vehicles are triple axle trucks, with a single front axle and tandem rear axles. The standard method for determining the impacts of a given vehicle on the roadway section is to calculate the Equivalent Single Axle Load (ESAL) factor, and compare this factor with a standard passenger car. An ESAL is the force applied to the roadway, (and resulting damage to the roadway), from one pass of a single axle, loaded with 18,000 lbs. A tandem axle distributes the weight more evenly across the roadway surface, so a tandem axle holding 33,200 pounds is considered equivalent to one ESAL. The ESAL calculation is exponential, so as the weight increases over the values above, the damage increases exponentially. 18 The table below compares different vehicles to a standard passenger car. The garbage truck referenced in the table weighs approximately 45,000 pounds, with a single front axle and tandem rear axle (very similar to the 40,000 pound crane truck). This vehicle is considered to have an impact the equivalent of 1,279 passenger cars. Similarly, the 60,000 pound crane truck has an impact the equivalent of approximately 4,800 passenger cars. In addition, studies have shown that turning movements on the pavement can increase the damage to the roadway by a factor of 1.5 to 2. Carmelita Avenue is a residential road, with a structural section not sufficiently designed to handle this type of load on a regular basis. The shoulder of the road at the applicant’s driveway approach shows evidence of damage likely from the entrance and exit of these vehicles (see image below). Staff has determined the cranes cannot meet the standards of the Municipal Code for commercial vehicles in the residential zones. A condition to remove the cranes from the property has been included in the resolution. 19 Road edge at the subject driveway approach Native Trees There are no native trees in the footprint of the proposed structure. Tree protection fencing will be required for any trees whose d riplines are within 20 feet of construction activities. Neighborhood Compatibility Many of the properties in the neighborhood are similar in size to the subject property and also have detached accessory structures. However, these structures generally either have architecture similar to the related residence or are small metal structures. Staff was able to locate one metal structure of similar scale as the proposed structure on Carmelita Avenue south of Portola Road. This structure is located at the rear of the property lower than the street level, similar to the proposed structure. However, this is not the neighborhood norm. See images below. The Planning Commission should consider this issue carefully, as consistency with the character of the immediate neighborhood is a required finding to approve this Conditional Use Permit. Planning staff has received comments from two neighbors concerned with the compatibility of the project with their neighborhood. Planning staff has added conditions including adding landscaping and fencing around storage areas. The Planning Commission has the opportunity to add further conditions deemed necessary to improve consistency with neighborhood character. 20 Large metal structure on Carmelita south of Portola Smaller metal structures Detached residential garages Historical Resources The Atascadero Historical Society keeps a list of “Colony Homes .” The structures on this list were constructed during Atascadero’s early “Colony Period” betwee n 1914 and 1924. The residence at 8355 Carmelita Avenue is included on the list of Colony Homes. However, modern alterations to the residence, including window replacements and new siding, have changed the nature of the property, which has not retained i ts historic value. 21 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. Projects which may cause a “substantial adverse change in the significance of a historical resource” are not exempt from CEQA. While this residence was constructed during the “Colony Period” of Atascadero, subsequent alterations have diminished the historical value of the structure so that this project will not impact a resource of significance. 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 and placement of the structure is generally consistent with the character of neighborhood. 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: Site Plan Attachment 2: Applicant Statement of Justification Attachment 3: Draft Resolution PC 2016-A 22 ATTACHMENT 1: Site Plan PLN 2016-1586 / CUP 2016-0296 33 foot setback 17 foot setback All-weather road 23 ATTACHMENT 2: Applicant’s Statement of Justification PLN 2016-1586 / CUP 2016-0296 I live in a residential neighborhood that has numerous outbuildings/garages/shops. My project will fit in with the rest of the neighborhood. Colors of the building will match the house as close as possible. My neighbor to the south has numerous trees to help block the view from the street. My house and a large oak tree will help block the view from the front of the house. And the hill to the north will make it hard to see from that side. This will be used for a half court basketball court. 24 ATTACHMENT 3: Draft Resolution PC 2016-A PLN 2016-1586 / CUP 2016-0296 DRAFT RESOLUTION PC 2016-A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING CONDITIONAL USE PERMIT 2016-0296 (PLN 2016-1586) ALLOWING A DETACHED ACCESSORY STRUCTURE WHICH EXCEEDS FIFTY PERCENT OF THE SIZE OF THE PRIMARY RESIDENCE 8355 CARMELITA AVE / APN 031-221-011 (MEEKS) WHEREAS, an application has been received from Owner and Applicant, Damon Meeks (8355 Carmelita Ave, Atascadero, CA 93422), to consider a Conditional Use Permit 2016-0296 to allow a 2,000 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 Single-Family Residential (SFR-Y); and, WHEREAS, the site’s zoning is Residential Single-Family (RSF-Y); 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 May 3, 2016, studied and considered the Conditional Use Permit 2016- 0296; and, 25 NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings of Environmental Exemption. The Planning Commission finds as follows: 1. The proposed project has been found Categorically Exempt under Class 3, Section 15303, of the California Environmental Quality Act, New construction or conversion of small structures. The historical significance of the “Colony House” on the property has been reduced by modernization of the structure such that no historical resource will be impacted by the project. 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 Detached accessory structures for private recreation are consistent with the purpose of the Single-Family Residential designation of the General Plan. Land Use, Open Space and Conservation Element Program 1.1.6 is to “Update and maintain the Zoning Ordinance to address the size, use, and appearance of accessory structures to ensure neighborhood compatibility.” There are many detached accesso ry structures in the immediate neighborhood. This structure will be placed near the rear of the property and is conditioned to be screened from neighboring properties. Additional conditions will require the screening of materials stored on-site to improve the appearance of the property and make it more compatible with the neighborhood. 2. The proposed project satisfies all applicable provisions of the Title (Zoning Ordinance), and As proposed, the project will meet the property’s setback, height and other site design requirements. 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 detrime ntal or injurious to property or improvements in the vicinity of the use; and The permit it conditioned so that the use of the structure for recreation is limited so that it will not be detrimental to the neighborhood. The structure will be constructed to meet the standards of the building code. 4. That the proposed project will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development; and 26 The structure is placed at the rear of the property behind the residence and in the least visible location. The permit is conditioned to screen storage of materials and miscellaneous items from public view. 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 The basketball court is intended for the enjoyment of the family residing in the home and is conditioned not to generate more than 10 trips to the property each day by friends who might use the facility. 6. That the proposed project is in compliance with any pertinent City policy or criteria adopted by ordinance or resolution of the City Council. Consistent with City Policy, the accessory structure may not be used as a n additional residential unit. Detached accessories structures are permitted in the residential districts. 7. The height, bulk, location, structural materials, landscaping and other aspects of the proposed use will not obstruct public views of the historic structure or of its immediate setting; The proposed structure is not architecturally compatible with the existing historical structure. It is substantially larger the Colony House and will be constructed of metal members. However, the view of the Colony House will not be obstructed from public view. 8. Any proposed alteration or removal of structural elements, or clearing of landscaping or natural vegetation features will not damage or destroy the character of insignificant historical features and settings; The historical structure will not be altered. 9. Any proposed remodeling or demolition is unavoidable because it is not structurally or economically feasible to retain or restore existing structures or features. The historic structure will not be remodeled or demolished. SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a regular session, assembled on May 3, 2016 resolved to approve Conditional Use Permit 2016-0296 subject to the following: EXHIBIT A: CEQA Exemption EXHIBIT B: Conditions of Approval 27 EXHIBIT C: Site Plan EXHIBIT D: Elevations EXHIBIT E: Colors and Materials 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 ______________________________ Jan Wolff Planning Commission Chairperson Attest: ______________________________ Phil Dunsmore Planning Commission Secretary 28 EXHIBIT A: Notice of Exemption PLN 2016-1586 / CUP 2016-0296 29 EXHIBIT B: Conditions of Approval PLN 2016-1586 / CUP 2016-0296 Conditions of Approval PLN 2016-1586 / CUP 2016-0296 8355 Carmelita Avenue 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 2,000 square foot detached accessory structure at 8355 Carmelita Ave. described on the attached exhibits and located on APN 031-221-011, 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. 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 4. The Community Development Department shall have the authority to approve 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 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 construction or use of the detached accessory structure. Ongoing PS 6. Building height shall be limited to a maximum of 19 feet. Siding material shall be a neutral, earth tone color similar to the color of the primary residence to be approved by Planning Services staff. BP PS 7. Any utilities servicing the accessory structure shall be installed underground. Ongoing PS, BS 8. The accessory structure shall not be used as a secondary residential unit. The accessory structure shall not have cooking facilities including a kitchen or wet bar. No overnight stays are permitted. Ongoing PS 9. Commercial vehicles that are unable to meet the standards of the Atascadero Municipal Code for accessory storage in the residential zones shall be removed within 30 days of approval of this Conditional Use Permit. Ongoing PS, BS 10. Materials stored on-site for personal use including scrap, tools and miscellaneous items are to be brought into conformance with BP PS, BS, FD 30 Conditions of Approval PLN 2016-1586 / CUP 2016-0296 8355 Carmelita Avenue 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 accessory storage standards of the Atascadero Municipal Code, including area and screening requirements. 11. No materials associated with the home occupation shall be stored outdoors on the property. Ongoing PS, BS, FD 12. The use of the structure shall not create more traffic than would be expected for a typical single family residential property, Ongoing PS, BS, FD 13. All uses on the site shall comply with the City Noise Ordinance. Ongoing PS. BS, FD 14. No lights shall be installed on the exterior of the building unless the light source is completely shielded from view and the light is a low wattage residential dark sky compliant fixture. Lights installed indoors shall comply with the standards of the Municipal Code for exterior lighting until such time walls and doors are installed. Ongoing PS, BS, FD 15. Landscaping shall be installed on the north and east sides of the structure. Plants selected shall have an expected height of at least 19 feet at maturity. A landscaping and irrigation plan shall be submitted with building permit application to be approved by Planning Services staff. BP PS 16. The metal carport structure shall be either demolished or removed from the property before a building permit for the detached accessory structure may be finaled. BP PS, BS Building Services Conditions 17. A building permit shall be required to make modifications to the structure including the addition of walls or doors, electricity, plumbing or mechanical equipment. Ongoing BS, PS Public Works Department Conditions 18. A site grading and drainage plan shall be submitted to the City, to be approved by the City Engineer. BP CE 19. A storm water control plan shall be submitted to the City, to be approved by the City Engineer. BP CE 20. Hydraulic analysis consistent with City regulations shall be submitted to the City, to be approved by the City Engineer. BP CE 21. A City Standard Driveway approach plan shall be submitted to the City. An encroachment permit is required for driveway approaches proposed on Carmelita. Encroachments in the City right-of-way shall be designed and constructed in conformance with City standards. BP CE 22. Erosion control and dust control shall be in place at all times during ground disturbing activities. Said control measures shall remain in BP CE 31 Conditions of Approval PLN 2016-1586 / CUP 2016-0296 8355 Carmelita Avenue 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 place until 70% or more of the disturbed surfaces show signs of re - vegetation, to the satisfaction of the City Engineer. If hydro-seeding is used on-site, the seed mixture shall be comprised of a mix of native grass and plant species, to be approved by the Community Development Director and City Engineer. Fire Department Conditions 23. The detached accessory structure shall comply with all Fire Department standards and requirements including but not limited to driveway length, width, surface and slope, dry line, fire truck turnaround, and distance to fire hydrant. BP FD 24. The addition of a wall or walls to the building shall require the addition of fire suppression sprinklers. Ongoing FD, BS 32 EXHIBIT C: Site Plan PLN 2016-1586 / CUP 2016-0296 33 foot setback 17 foot setback (N) All-weather road 33 EXHIBIT D: Elevations PLN 2016-1586 / CUP 2016-0296 Approximately 19 feet in total height 50’ Slope of roof: 3:12 34 EXHIBIT E: Colors and Materials PLN 2016-1586 / CUP 2016-0296 Conceptual corrugated metal siding and roofing material Color proposed for supports and future siding: “rawhide” Color proposed for roofing: “vintage burgundy” 35