HomeMy WebLinkAboutAUP_2016-08-17_AgendaPacket C ITY OF A TASCADERO
COMMUNITY DEVELOPMENT DEPARTMENT
6500 PALMA AVE ▪ ATASCADERO, CA 93422 ▪ (805) 461 -5035 ▪ FAX 461-7612
Administrative Use Permit Hearing
A G E N D A
The City of Atascadero’s Zoning Hearing Officer will hold a public hearing at 10:00 a.m.
or later on Wednesday, August 17, 2016 in Room 106, at City Hall, 6500 Palma Ave.,
Atascadero, to consider the following:
1. 4605 SAN JACINTO AVE. PLN 2016-1606; Review of an application for a
sloping lot adjustment to the front setback in the RSF-Y Zone. The project would
legalize a carport structure currently located within the required 25-front setback,
and is categorically exempted from the California Environmental Quality Act
(CEQA) by Section 15303; Class 3 exemption for construction of an accessory
structure. (Applicant: Sheril Silva) (Katie Banister, Assistant Planner)
2. OFF-SITE SUBDIVISION SIGNS, WOODRIDGE TOWNHOMES. PLN 2016-
1605; Includes review of an application for three (3) off -site subdivision signs
associated with sales for the 35-unit townhome development at Woodridge. Each
sign is proposed at ten (10) feet in height, with 32 square feet of sign area. The
Atascadero Municipal Code allows off-site subdivision signs, subject to an
Administrative Use Permit. Proposed signs qualify for a Section 15311; Class 11
Categorical Exemption under CEQA. (Applicant: Williams Homes) (Callie
Taylor, Senior Planner)
Signs are proposed at:
Sign 1: 9000 Calle Milano, along Halcon frontage, APN 045-311-006
Sign 2: 11665 Viejo Camino, at corner of Halcon Rd. APN 045-323-001
Sign 3: 9200 Santa Barbara Rd, at El Camino Real, APN 045-333-036
PLEASE NOTE: Any court challenge to the actions taken at the public hearing items
may be limited to considering only those issues raised at the public hearing described
in this notice or in written correspondence to the City of Atascadero at, or prior to, the
public hearing.
Any decision of the Hearing Officer is final unless a ppealed to the Planning
Commission within 14 days of the action. Any person aggrieved by the decision may
file an appeal. Appeal forms are available in the Community Development Department
or on the City’s website (www.atascadero.org). The fee for filing an appeal is $721 and
must accompany the appeal documentation.
ITEM NUMBER: ITEM NUMBER: 1
DATE: 8-17-16 CITY OF ATASCADERO
COMMUNITY DEVELOPMENT DEPARTME NT
Administrative Use Hearing Staff Report
FROM: Katie Banister
Assistant Planner, (805) 470-3480
FILE NUMBER: PLN 2016-1606 / AUP 2016-0083
PROJECT ADDRESS: 4601 and 4605 San Jacinto Avenue, Atascadero, CA 93422
APN# 028-161-021
SITUATION: The applicant seeks to legalize an as-built garage conversion and carport
structure. The garage has been converted into a second residential unit. The carport
was also constructed without a building permit. A portion of the carport is within the
required front setback.
STAFF RECOMMENDATION: Staff recommends the Administrative Hearing Officer
approve Administrative Use Permit 2016-0083 adjusting the front setback for the carport
structure from 25 feet to its existing location approximately 22 feet from the front
property line on San Jacinto Avenue.
BACKGROUND: The primary residence on the property (4605 San Jacinto Avenue)
was constructed in 1961. At an unknown time, the attached garage was converted into
a separate one-bedroom living space without the required building permit. Staff has
determined the shed-roof carport was added to the home between the years 2007 and
2009. The applicant applied for a building permit to legalize the second unit and carport
on May 25, 2016 (permit BLD 2016-13689) as the result of the City’s code enforcement
in response to a complaint from a member of the public. The second unit will be
assigned the address 4601 San Jacinto Avenue.
EVALUATION: The property is served by the City sanitary sewer so is eligible for a
second residential unit consistent with Atascadero Municipal Code (AMC) 9-5.050.
AMC 9-5.060 requires one covered parking space for second units with a single
bedroom, which can be satisfied with the existing carport. In the RSF-Y district, the
front setback required for buildings is 25 feet from the front property line.
A sloping lot adjustment is available to reduce the required front setback for properties
that have a difference in elevation of at least 7 vertical feet at a point 50 horizontal feet
from the centerline of the adjacent right of way (AMC 9 -4.106(a)(3)). The adjustment
allows the garage to be placed as close as 5 feet from the front property line, while the
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other portions of the residence mu st be placed at the standard 25-foot setback. Staff
has determined the carport can be placed at the same location a garage would be
permitted.
The right-of way for San Jacinto Avenue is 50 feet wide. The asphalt for the road utilizes
perhaps half of this width. The sloping lot adjustment requires an elevation
measurement 50 feet from the center of the San Jacinto Avenue centerline , which is 25
feet from the front property line.
While a professional survey was not conducted on the site, simple observation and
measurement confirm the slope satisfies the requirement for a sloping lot adjustment.
Two retaining walls in the front yard total 56 inches (4 feet, 8 inches). The front property
line is located approximately at the first retaining wall. The land below, between and
above the walls slopes up from the adjacent right-of-way so that 50 feet from the
centerline of San Jacinto Avenue, the property is at least 89 inches or 7 feet and 5
inches higher than the road; meeting the minimum requirement.
Cross section of the slope and features in the front setback at 4605 San Jacinto Ave.
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4601/4605 San Jacinto Avenue
Findings
AMC 9-1.112 requires the Hearing Officer to make the following 5 findings:
(1) Modification of the applicable standard will not result in a project that is inconsistent
with the General Plan;
Staff comment: The General Plan Housing Element encourages second
residential units in all single family zones to provide affordable housing options in
the City. Adjusting the front setback will permit the legalization of a second unit.
(2) Modification of the applicable standard will not result in a project that is inconsistent
with the character of the immediate neighborhood or contrary to its orderly
development;
Staff comment: The project is a second residential unit in a single family zoning
district. The second unit is within the original footprint of the primary residence.
The carport has been located in this neighborhood for at least 7 years. It is high
above the elevation of the street and does not impair sight distance.
(3) Modification of the applicable standard will not result in a project that is not in
compliance with any pertinent City policy or criteria adopted by ordinance or
resolution of the City Council; and
Staff comment: Modification of the standard does not result in a project out of
compliance with City policies and criteria.
(4) Modification of the applicable standard will not result in the authorization of a use
not otherwise allowed; and
Staff comment: The site is connected to the City sewer and meets all other
requirements for second units in the single-family residential zoning districts.
(5) Any other findings deemed necessary.
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Staff comment: No other findings are deemed necessary.
Environmental Determination
Section 15303 of the California Environmental Quality Act (CEQA) categorically
exempts new construction or conversion of small structures including the construction of
accessory structures such as carports in a residential zoning district. The project does
not include a significant amount of grading.
Conditions
1. The sloping lot adjustment to the front setback shall permit the location of the
existing carport structure.
2. Other existing and future portions of the residence shall be placed no less than
25 feet from the front property line.
Code Requirements
1. AMC 9-4.106(a)(3) Sloping Lot Adjustment.
2. AMC 9-1.112 Administrative Use Permit.
Action:
Approve
Approve as conditioned
Deny
Continue to: _______________ to allow _________________________________
____________________________________________________________________
Continue indefinitely to allow: __________________________________________
_____________________________________________________________________
_____________________________________________________________________
___________________________________
Phil Dunsmore, Hearing Officer Date
ATTACHMENTS:
Attachment 1: Location and Zoning
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ATTACHMENT 1: Location and Zoning
PLN 2016-1598 / AUP 2016-0081
I
LSF-X
RSF-Y
RSF-Y
RMF-10
OS
4601 and 4605
San Jacinto Avenue
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ITEM NUMBER: ITEM NUMBER: 2
DATE: 8-17-16 CITY OF ATASCADERO
COMMUNITY DEVELOPMENT DEPARTME NT
Administrative Use Hearing Staff Report
FROM: Callie Taylor
Senior Planner, (805) 470-3448
FILE NUMBER: PLN 2016-1605 / AUP 2016-0082
PROJECT ADDRESS: 9000 Calle Milano, APN 045-311-006
11665 Viejo Camino, APN 045-323-001
9200 Santa Barbara Rd, APN 045-333-036
SITUATION: The applicant is proposing three (3) off-site subdivision signs associated
with sales for the 35-unit townhome development at Woodridge. Each sign is proposed
at ten (10) feet in height, with 32 square feet of sign area. The Atascadero Municipal
Code allows off-site subdivision signs, subject to an Administrative Use Permit.
STAFF RECOMMENDATION: Staff recommends the Administrative Hearing Officer
approve Administrative Use Permit 2016-0082, allowing three (3) off-site subdivision
signs for the townhome development at Woodridge.
BACKGROUND: The Las Lomas / Woodridge Specific Plan was approved by the City
Council in 2004. Portions of the project have been developed by over the past 12
years. Currently, one section of the project, a 35 -unit townhome condominium
development, is under construction and will be last residential area of the Specific Plan
to be completed. The townhome developer, Williams Homes, is requesting to install
signage to direct buyers to the site. Previous developers within the Specific Plan project
area installed similar off-site signage at the requested locations.
EVALUATION:
The Atascadero Municipal Code allows off -site subdivision signs to be permitted
through the Administrative Use Permit process. The Administrative Use Permit process
is intended to allow for public review of land use proposals which are not of sufficient
magnitude or complexity to warrant a Planning Commission hearing, but which could
have a noticeable impact on the surrounding neighborhood.
Atascadero Municipal Code Section 9-15.005 (Allowed signs):
Off-Site Subdivision Signs. Subdivision tracts of twenty (20) or more lots may be permitted to install
off-site directional advertising signage subject to the approval of an administrative use permit subject
to the following conditions:
(i) The subdivision tract shall be located within the City of Atascadero;
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(ii) No more than three (3) signs shall be allowed with a maximum height of fifteen (15) feet
and sixty (60) square feet of sign area;
(iii) No flags, banners or other decorations shall be affixed to the sign;
(iv) The signs shall not be illuminated;
(v) All signs shall be located on private property with written permission from the property
owner provided to the City;
(vi) A building permit shall be obtained for the signs;
(vii) The signs shall be removed prior to final occupancy of the last unit in the tract or after a
period of three (3) years whichever is less. The applicant may apply annually for a one (1)
year time extension for active construction projects.
The off-site signs are proposed at three different intersections:
• Sign 1: 9000 Calle Milano, near entrance to Las Lomas Specific Plan area along
Halcon Road frontage
• Sign 2: 11665 Viejo Camino, at the corner of Halcon Rd.
• Sign 3: 9200 Santa Barbara Rd, at near the intersection of El Camino Real
Each sign is proposed at ten (10) feet in height, with 32 square feet of sign area. The
exact location of the signs shall be determined through th e building permit process to
ensure that the line of sight is not blocked at intersections. The Building Department
shall review construction and footing details, and the Public Works Department shall
review any requested encroachments into right-of-way or City property to ensure
compliance with applicable standards. The signs will be required to be removed prior to
final occupancy of the townhome development.
Proposed Sign
10’ tall, 32 sq. ft. sign area
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Findings
AMC 9-1.112 requires the Hearing Officer to make the following 5 findings:
(1) Modification of the applicable standard will not result in a project that is inconsistent
with the General Plan;
Staff comment: The General Plan seeks to promote higher quality standards for
signage and the visual impact of signs. The proposed subdivision sales signs
are reasonably sized for the proposed locations. The signs will be temporary and
will be removed upon completion of construction.
(2) Modification of the applicable standard will not result in a project that is inconsistent
with the character of the immediate neighborhood or contr ary to its orderly
development;
Staff comment: The proposed signs are consistent with the previous signage
installed for the Las Lomas / Woodridge development. The signs are temporary
and will be removed upon completion of construction.
(3) Modification of the applicable standard will not result in a project that is not in
compliance with any pertinent City policy or criteria adopted by ordinance or
resolution of the City Council; and
Staff comment: Modification of the standard does not result in a project out of
compliance with City policies and criteria. The signs are within the height and
size allowed by the Sign Ordinance for this type of application.
(4) Modification of the applicable standard will not result in the authorization of a use
not otherwise allowed; and
Staff comment: Off-site subdivision signs are allowed by Sign Ordinance, subject
to supplemental Planning review though the Administrative Use Permit process.
(5) Any other findings deemed necessary.
Staff comment: No other findings are deemed necessary.
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Environmental Determination
The proposed project is determined to qualify for a Class 11 Categorical Exemption
from the California Environmental Quality Act (CEQA), consistent with Section 15311,
which exempts construction of new signs.
Conditions
1. Building permits and encroachment permits shall be obtained prior to installation
of the signs. Property owner’s permission shall be obtained in writing and
submitted to City prior to issuance of permit(s).
2. The three (3) off-site signs will be required to be removed prior to final occupancy
of the last unit in the Woodridge townhome development, or after a period of
three (3) years, whichever is less. The applicant may apply annually for a one (1)
year time extension for active construction projects
3. No flags, banners or other decorations shall be affixed to the signs. The signs
shall not be illuminated
Code Requirements
1. AMC 9-15.005 (Allowed signs).
2. AMC 9-1.112 Administrative Use Permit.
Action:
Approve
Approve as conditioned
Deny
Continue to: _______________ to allow _________________________________
____________________________________________________________________
Continue indefinitely to allow: __________________________________________
_____________________________________________________________________
_____________________________________________________________________
___________________________________
Phil Dunsmore, Hearing Officer Date
ATTACHMENTS:
Attachment 1: Location Map
Attachment 2: Proposed Sign Specifications
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ATTACHMENT 1: Location Map
PLN 2016-1605 / AUP 2016-0082
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ATTACHMENT 1: Proposed Sign Specifications
PLN 2016-1605 / AUP 2016-0082
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