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HomeMy WebLinkAboutPC_2016-10-18_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, October 18, 2016 – 7:00 P.M. City Hall Council Chambers, 4th floor 6500 Palma Avenue 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 re served 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 Commi ssion may take action to direct the staff to place a matter of business on a future agenda.) PLANNING COMMISSION BUSINESS 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 SEPTEMBER 6, 2016 City of Atascadero Planning Commission Agenda Regular Meeting, October 18, 2016 Page 2 of 5 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website COMMUNITY DEVELOPMENT STAFF REPORTS 2. PLN 2016-1616, TREE REMOVAL PERMIT FOR 7080 BELLA VISTA 3. PLN 2099-0898, TREE REMOVAL PERMIT FOR 5570 MADRONO Property Owner/Applicant: Ron Westbrook, Westco Builders Inc., 1830 N Kelsey St., Visalia, CA 93291 Certified Arborist: Chip Tamagni, A&T Arborists, PO Box 1311, Templeton, CA 93465 Project Title: PLN 2016-1616 / TRP 2016-0204 Project Location: 7080 Bella Vista, Atascadero, CA 93422 APN 054-086-005 (San Luis Obispo County) Project Description: The project consists of a request to remove 15 native oak trees to construct a 2,425 square -foot single-family residence with attached 609 square-foot garage. Trees proposed for removal are 9 coast live oaks with diameters between 5 and 33 inches (cumulative diameter of 161 inches), and 6 valley oaks with diameters between 4 and 12 inches (cumulative diameter of 47 inches). The property includes many oak trees on the steeply sloping ground above the proposed residence. The project utilizes the existing driveway to access the flattest available area, and includes minimal graded-yard area surrounded by retaining walls to reduce the impact on remaining trees. General Plan Designation: Residential Estates (RE) Zoning District: Residential Suburban (RS) 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- 0204. Property Owner/Applicant: Oakhaven Village, 3160 Ocean Terrace, Marina, CA 93933 Oakhaven Village HOA, 5570 Madrono, Atascadero , CA 93422 Certified Arborist: Steve Alvarez, A&T Arborists, PO Box 1311, Templeton, CA 93465 Project Title: PLN 2099-0848 / TRP 2016-0206 Project Location: 5570 Madrono, Atascadero, CA 93422 APN 049-048-010 (San Luis Obispo County) Project Description: The project consists of a request to remove one 52-inch live oak as a part of finalizing the subdivision improvements construction permit (BLD 2006-05912). General Plan Designation: HDR Zoning District: RMF-20 (PD-26) City Staff: Alfredo R. Castillo, Associate Planner, acastillo@atascadero.org, Phone: 470-3436 Staff Recommendation: The Planning Commission adopt PC Resolution 2016-A approving Tree Removal Permit 2016- 0206. City of Atascadero Planning Commission Agenda Regular Meeting, October 18, 2016 Page 3 of 5 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, 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 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 Commission will discuss the item and take appropriate action(s).) 4. PLN 2016-1615, CONDITIONAL USE PERMIT FOR 5260 MALEZA AVE. Property Owner/Applicant: Charles Duveneck, 5260 Maleza Ave., Atascadero, CA 93422 Project Title: PLN 2016-1615 / CUP 2016-0302 Certified Arborist: Rodney Thurman, Pn 2684 AUM, PO Box 1784, Templeton, CA 93465 Project Location: 5260 Maleza Ave., Atascadero, CA 93422 APN 029-121-021 (San Luis Obispo County) Project Description: The project consists of an application for a Conditional Use Permit to allow construction of a 1,200 square-foot detached metal garage/workshop, which exceeds 50% of the size of the principal structure. General Plan Designation: Single Family Residential (SRF-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: Staff recommends the Planning Commission adopt PC Resolution 2016 -A approving the construction of a 1,200 square-foot garage/workshop. City of Atascadero Planning Commission Agenda Regular Meeting, October 18, 2016 Page 4 of 5 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website PUBLIC HEARINGS (CONTINUED) 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 th e public hearing and invite the applicant or applicant’s representative to make any comments. Members of the public will be invite d 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 the C ommission will discuss the item and take appropriate action(s).) 5. PLN 2016-1612, CONDITIONAL USE PERMIT FOR 4690 SAN VICENTE AVE. COMMISSIONER COMMENTS AND REPORTS DIRECTOR’S REPORT ADJOURNMENT The next regular meeting will be on November 1, 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: John Lehman, 4690 San Vicente Ave., Atascadero, CA 93422 Project Title: PLN 2016-1612 / CUP 2016-0301 Certified Arborist: Steve Alvarez, A&T Arborists, PO Box 1311, Templeton, CA 93465 Project Location: 4690 San Vicente Ave., Atascadero, CA 93422 APN 028-161-001 (San Luis Obispo County) Project Description: The project consists of a request to construct a garage in excess of 50% of the size of the residence. The proposed 785 square-foot structure will be less than 11 feet tall and will replace the smaller garage currently on the property. The existing 484 square -foot carport will remain, and will be attached to the new garage. The garage and carport are accessed from a driveway on San Jacinto Avenue. No trees are proposed for removal. 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: Staff recommends the Planning Commission adopt PC Resolution 2016-A approving the construction of a 785 square-foot garage. City of Atascadero Planning Commission Agenda Regular Meeting, October 18, 2016 Page 5 of 5 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. Copi es 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 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 9/6/16 Page 1 of 5 CITY OF ATASCADERO PLANNING COMMISSION DRAFT ACTION MINUTES Regular Meeting – Tuesday, September 6, 2016 – 7:00 P.M. City Hall Council Chambers 6500 Palma Avenue, Atascadero, California CALL TO ORDER - 7:00 p.m. Chairperson Wolff called the meeting to order at 7:00 p.m. and Commissioner Anderson led the Pledge of Allegiance. ROLL CALL Present: Commissioners Bentz, Dariz, Bourbeau, Schmidt and Vice Chairperson Anderson and Chairperson Wolff Absent: Commissioner Seay (excused absence) Others Present: Recording Secretary, Annette Manier Staff Present: Community Development Director, Phil Dunsmore Associate Planner, Alfredo Castillo Assistant Planner, Katie Banister Planning Intern, Stefanie Farmer APPROVAL OF AGENDA MOTION: By Commissioner Bentz and seconded by Vice Chairperson Anderson to approve the Agenda. Motion passed 6:0 by a roll-call vote. PUBLIC COMMENT None Chairperson Wolff closed the Public Comment period. PLANNING COMMISSION BUSINESS None ITEM NUMBER: 1 DATE: 10-18-16 PC Draft Action Minutes of 9/6/16 Page 2 of 5 CONSENT CALENDAR 1. APPROVAL OF DRAFT ACTION MINUTES OF AUGUST 16, 2016 MOTION: By Commissioner Bentz and seconded by Commissioner Bourbeau to approve the consent calendar. Motion passed 5:0 by a roll-call vote. (Wolff abstained) COMMUNITY DEVELOPMENT STAFF REPORTS None 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 invited 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 the Commission will discuss the item and take appropriate action(s).) 2. PLN 2016-1607, CONDITIONAL USE PERMIT FOR 7525 GABARDA ROAD Property Owner: Douglas and Heidi Fapp, 7525 Gabarda Rd., Atascadero, CA 93422 Representative: Ryan Tannehill, PO Box 4750, Paso Robles, CA 93447 Project Title: PLN 2016-1607 / CUP 2016-0300 Project Location: 7525 Gabarda Rd., Atascadero, CA 93422 ( San Luis Obispo County) APN 028-411-007 Project Description: The application is for a conditional use permit to allow the construction of a garage/barn structure that is larger than 50% of the size of the primary structure. The proposed accessory structure is a 988 square -foot metal building with a maximum height of 17 feet and 10 inches. It will be placed in the rear of the property at the northeast corner. General Plan Designation: Suburban Estate (SE) Zoning District: Residential Suburban (RS) City Staff: Katie Banister, Assistant Planner, kbanister@atascadero.org, Phone: 470-3480 Proposed Environmental Determination: The project qualifies for a Class 3 exemption from the California Environmental Quality Act (CEQA): New construction or conversion of small structures (Section 15303) for the construction of accessory structures including garages. Staff Recommendation: The Planning Commission adopt Resolution PC 2016-A approving Conditional Use Permit 2016-0300 allowing a 988 square-foot detached accessory structure based on findings and subject to conditions of approval. PC Draft Action Minutes of 9/6/16 Page 3 of 5 EX PARTE COMMUNICATIONS: Commissioner Bourbeau drove by the property today, and spoke briefly with the applicant as he walked into this room for tonight’s meeting. Chairperson Wolff drove by the property but spoke with no one. Community Development Director Dunsmore introduced Stefanie Farmer, Planning Intern, and stated that she would be presenting the staff report. Ms. Farmer presented the staff report and she, Ms. Banister, and Mr. Castillo answered questions from the Commission. PUBLIC COMMENT The following persons spoke during public comment: Douglas Fapp and Michael Ferree. Mr. Ferree answered questions from the Commission. Mr. Fapp also answered questions regarding roof and color. Chairperson Wolff closed the Public Comment period. MOTION: By Commissioner Bentz and seconded by Commissioner Bourbeau that the Planning Commission adopt PC Resolution 2016-A approving Conditional Use Permit (CUP 2016-0300) allowing a 988 square-foot detached accessory structure based on findings and subject to conditions of approval. Motion passed 6:0 by a roll-call vote. 3. PLN 2016-1608, SIGN ORDINANCE UPDATES Applicant: City of Atascadero, 6500 Palma Ave., Atascadero, CA 93422 Project Title: PLN 2016-1608 / ZCH 2016-0182 Project Location: Citywide Project Description: The proposed project consists of repealing Chapter 15 of Title 9, of the Atascadero Municipal Code (Signs) and replacing with a new Chapter 15, Signage. This Chapter is commonly known as the “Sign Ordinance.” City Staff: Alfredo Castillo, Associate Planner, acastillo@atascadero.org, Phone: 470-3436 Proposed Environmental Determination: The project is exempt from CEQA based on Section 15061.(3) “General Rule” since CEQA applies only to projects which have the potential for causing a significant effect on the environment. Staff Recommendation: The Planning Commission adopt PC Resolution 2016-A recommending to the City Council amendments to Title 9 of the Atascadero Municipal Code, Zoning Ordinance repealing of Chapter 15 (Sign Ordinance) to be replaced with a revised and amended Chapter 15 – Signs. PC Draft Action Minutes of 9/6/16 Page 4 of 5 EX PARTE COMMUNICATIONS: Commissioner Bourbeau heard part of this presentation at the Chamber Legislative Committee Meeting. Commissioner Schmidt spoke with the Planning Director about prohibited signs. Community Development Director Dunsmore gave a brief introduction to the item and explained that there is a Sign Handbook on their desks (Exhibit A). Associate Planner Castillo presented the staff report and answered questions from the Commission. On Page 41, a correction should be made to 9-15.006.(a) Prohibited Signs and should include the words “or its successor agency” after the words Redevelopment Agency. Commissioner Schmidt suggested that we add the City logo to the top of the Sign Handbook, and stressed his concerns about sight-distance with signs. PUBLIC COMMENT None Chairperson Wolff closed the Public Comment period. MOTION: By Commissioner Bentz and seconded by Vice Chairperson Anderson that the Planning Commission adopt PC Resolution 2016-A recommending that the City Council introduce an ordinance for first reading, by title only, to approve PLN 2016-1608 based on findings. Commissioner Schmidt stated that he would like to ask more questions of staff. Commissioner Schmidt asked additional questions of staff, and staff answered his questions. MOTION: By Commissioner Bentz and seconded by Vice Chairperson Anderson that the Planning Commission adopt PC Resolution 2016-A recommending that the City Council introduce an ordinance for first reading, by title only, to approve PLN 2016-1608 based on findings. Motion passed 6:0 by a roll-call vote. COMMISSIONER COMMENTS AND REPORTS Commissioner Wolff asked about the bike path on Hwy. 41 and how the project was funded. Mr. Dunsmore will report back to the Commission with a specific amount. Commissioner Dariz asked about the property behind Circle K on Hwy. 41. Associate Planner Castillo answered his questions about this project (the People’s Self Help Housing project). PC Draft Action Minutes of 9/6/16 Page 5 of 5 Chairperson Wolff thanked Associate Planner Castillo and staff for working on the Sign Handbook. DIRECTORS REPORT Community Development Director Dunsmore stated that we don’t have any items scheduled for the next hearing, so it may be cancelled. Mr. Dunsmore stated that there is an upcoming Planning Academy which starts in September, and Commissioners are invited to attend. Mr. Dunsmore will send out the information and the City will pay for the Commissioners to attend. Mr. Dunsmore stated that staff is getting into the details of the Eagle Ranch EIR and Specific Plan. ADJOURNMENT – 9:00 p.m. The next regular meeting of the Planning Commission is scheduled for September 20, 2016, at 7:00 p.m. at City Hall, Council Chambers, 6500 Palma Avenue, Atascadero. MINUTES PREPARED BY: ____________________________ Annette Manier, Recording Secretary The following Exhibit is available in the Community Development Department: Exhibit A – Atascadero Signage Handbook t:\~ planning commission\pc minutes\pc minutes 2016\draft minutes 9 6 2016.am.docx 6 ITEM NUMBER: ITEM NUMBER:2 DATE: 10-18-16 Atascadero Planning Commission Staff Report – Community Development Department Katie Banister, Assistant Planner, 470-3480, kbanister@atascadero.org PLN 2016-1616 Tree Removal Permit 2016-0204 7080 Bella Vista SUBJECT: The applicant is requesting the removal of fifteen (15) native trees to construct a single- family residence. The trees proposed for removal are 9 coast live oaks with diameters between 5 and 33 inches (cumulative diameter of 161 inches), and 6 valley oaks with diameters between 4 and 12 inches (cumulative diameter of 47 inches). RECOMMENDATION: Staff recommends the Planning Commission adopt Resolution PC 2016-A approving Tree Removal Permit 2016-0204 to allow the removal of fifteen (15) native trees totaling 208 inches diameter, based on findings and subject to mitigation. Situation and Facts: 1.Property Owner / Applicant: Ron Westbrook Westco Builders 1830 N. Kelsey St. Visalia, CA 93291 2.Project Address:7080 Bella Vista Road (APN 054-086-005) Atascadero, CA 93422 3.Certified Arborist:Chip Tamagni A&T Arborists PO Box 1311 Templeton, CA 93465 4.General Plan Designation: Residential Estates (RE) 5.Zoning District:Residential Suburban (RS) 6.Site Area:2.2 acres 7.Existing Use:Vacant land 7 ITEM NUMBER: ITEM NUMBER:2 DATE: 10-18-16 Surrounding Zoning / General Plan Designation North: Residential Suburban (RS) / Rural Estates (RE) Residential Single-Family (RSF-Z) / Single-Family Residential (SFR-Z) East: Residential Single-Family (RSF-Z) / Single-Family Residential (SFR-Z) South: Residential Suburban (RS) / Rural Estates (RE) West: Residential Suburban (RS) / Rural Estates (RE) Project Location Map 7080 Bella Vista Road RSF-Z LSF-Y RS 8 ITEM NUMBER: ITEM NUMBER:2 DATE: 10-18-16 ANALYSIS: The proposed residence is a 2,425 square-foot, 2-story residence with an attached 609 square-foot garage. The property is 2.2 forested acres, about 140 feet wide at the street, narrowing to 65 feet in the middle and widening to approximately 265 feet at the rear property line. The property is moderately sloping near the front, but is more steeply sloping further from the street. The residence will be placed immediately at the front setback, 25 feet from the front property line. It will be accessed using the existing driveway serving 7040 Bella Vista Road; a small driveway extension to the garage is proposed. The property is densely forested and therefore is extremely challenging to develop without impacting native trees. In order to develop the site, some trees would have to be removed. 7080 Bella Vista Road 7040 Bella Vista 7100 Bella Vista 7080 Bella Vista 9 ITEM NUMBER: ITEM NUMBER:2 DATE: 10-18-16 The proposed residence is a long and narrow structure, designed to fit in the limited area of gentler grade on the property. The building is 73 feet and 6 inches long and 26 feet and 6 inches wide (at the widest dimension). Of more than 2 acres, 7,270 square feet (0.17 acre) of the property will be disturbed for the project. Required grading is 165 cubic yards of cut and 315 cubic yards of fill. The residence will use stem walls to minimize grading required for the foundation. A retaining wall behind the house with a maximum height of 6 feet and 6 inches is proposed to create a flat yard area. The back patio and yard have a cumulative width of about 26 feet. Grading Plan Sectional drawing of grading Existing driveway Driveway extension Retaining wall Septic tank and seepage pits Flat yard area 26’ YARD 10 ITEM NUMBER: ITEM NUMBER:2 DATE: 10-18-16 The trees proposed for removal are crowded and in relatively poor condition; the arborist rates none higher than a 4 on a 10 point scale. All trees to be removed will be impacted by grading. Tree 570 will be removed for the sewage seepage pit. Trees 573, 575, 576, 577, and 582 are in the footprint, or in close proximity to the house or front sidewalk. A retaining wall will be used to support the front walk and minimize tree impacts. Trees 585 and 586 will be removed for the driveway. Trees 591, 592, 593, 594, 595, and 596 will be removed for the rear yard area. Proposed building site with existing driveway The applicant proposes a relatively small graded back yard area. Reducing the size of the yard could preserve several trees. The Hillside Grading Guidelines adopted by the City Council allow cut and fill pads for hillside construction when “native tree impacts are minimal” and “graded flat yard areas are minimized.” Trees 589, 591 and 596 might be spared if the yard were reduced by 5 or 10 feet, but a rather narrow yard would remain. Tree 594, a 33-inch diameter double-trunked coast live oak, is the largest tree proposed for removal. This tree is about 12 feet from the structure within the proposed yard. The yard would have to be eliminated in order to preserve this tree. In summary, the house and site design attempt to minimize tree impacts. The Planning Commission should consider how to balance tree impacts with the yard design selected by the property owner. 11 ITEM NUMBER: ITEM NUMBER:2 DATE: 10-18-16 Crowded trees on the relative flat slope of the building site Trees proposed for removal 570 592 591 589 586 585 582 577 576 575 573 593 594 596 595 12 ITEM NUMBER: ITEM NUMBER: 2 DATE: 10-18-16 Evaluative Criteria for Tree Removal Atascadero Municipal Code Section 9-11.105 (d) (3) provides the criteria the Planning Commission should use when evaluating tree removals. (i) The potential effect that tree removal could have on topography, knowing that hilltops, ravines, streambeds and other natural watercourses are more environmentally sensitive than flat or gentle sloping lands; (ii) The potential effect that tree removal could have on soil retention and erosion from increased flow of surface waters; Staff comment: The entire property is a moderately to steeply sloping hillside with many native trees. The building site selected is close to the road and on one of the least steep areas of the site. The area of disturbance is limited in comparison to the size of the property. Grading for the project and removing 15 trees will temporarily destabilize the soil, but the foundation of the residence and the retaining wall around the yard will serve to prevent long term erosion. During and after construction, erosion and stormwater control measures are required. Two areas of rip-rap will be installed to prevent erosion in the small drainage channel that bisects the driveway. Stormwater will be partially retained in a new 300 gallon poly tank. The property eventually drains to Atascadero Creek, about ½ mile to the east. (iii) The potential effect that tree removal could have on the ambient and future noise level; Staff comment: Ambient and future noise are those expected in a residential neighborhood, and relatively quiet. The trees removed may have a small, localized effect on ambient noise, but their removal will not have a significant impact due to the trees left in place on all sides of the residence. (iv) The potential effect that tree removal could have on the ability of existing vegetation to reduce air movement and wind velocity; Staff comment: Air movement is controlled in the area both by the trees and the location on a hillside. A significant number of trees will remain on site and on neighboring properties and air movement will be largely unchanged in the neighborhood. (v) The potential effect that tree removal could have on significantly reducing available wildlife habitat or result in the displacement of desirable species; Staff comment: The addition of a residence on this lot will have an impact on local wildlife habitat, but not for known desirable species. The selection of a building site near Bella Vista Road will leave a significant area of the property undeveloped. The lots on all sides of this property have been developed with single family residences. These tree removals will eliminate a small part of the 13 ITEM NUMBER: ITEM NUMBER: 2 DATE: 10-18-16 available habitat. (vi) Aesthetics; Staff comment: The removal of fifteen trees will have a negative impact on the aesthetics of the immediate surrounding area. (vii) The number, size, species, condition and location of trees to be removed; Staff comment: Nine trees to be removed are coast live oaks. They range in size between 5 and 33 inches in diameter; 3 trees are more than 24 inches in diameter requiring Planning Commission approval to remove them. Six trees are valley oaks between 4 and 12 inches diameter. (viii) The special need to protect existing blue and valley oaks because of regeneration problems; Staff comment: Six trees are small to medium sized valley oaks. These trees are relatively young, however the project arborist rates their health between 1 and 3 on a 10 point scale. (ix) The cumulative environmental effects of tree removal. Staff comment: The applicant has opted to develop the property in proximity to Bella Vista Road leaving the majority of the property undeveloped. Similarly, neighboring properties have utilized the flatter ground near Bella Vista and San Marcos to the west, leaving a relatively natural area near the top of the local hill. Tree Mitigation The Atascadero Municipal Code requires mitigation for all trees approved for removal. The Tree Ordinance allows for either replanting of new native trees, or payment of mitigation fees to the tree fund. Based on the 208-inch cumulative diameter of the 15 trees, forty-three (43) 5-gallon oak trees are required for replanting. Alternatively, the applicant may choose to pay $2,125 to the City’s tree mitigation fund. A combination of the two mitigation methods is permitted. 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. 14 ITEM NUMBER: ITEM NUMBER: 2 DATE: 10-18-16 (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 De partment 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 applicant has selected a building site on a flat area near Bella Vista Road. The project will utilize the existing driveway to the extent possible, and the long and narrow structure is designed to minimize impact to the land. Due to the number of trees on the lot, reasonable use of the property requires the removal of some trees. Design alternatives to be considered include reducing the size of the rear yard to reduce the number of impacted trees. This must be balanced with the applicant’s desire for a usable yard. 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% : 15 ITEM NUMBER: ITEM NUMBER: 2 DATE: 10-18-16 ATTACHMENT 1: Arborist Report PLN 2016-1616 / TRP 2016-0204 16 ITEM NUMBER: ITEM NUMBER: 2 DATE: 10-18-16 17 ITEM NUMBER: ITEM NUMBER: 2 DATE: 10-18-16 18 ITEM NUMBER: ITEM NUMBER: 2 DATE: 10-18-16 19 ITEM NUMBER: ITEM NUMBER: 2 DATE: 10-18-16 20 ITEM NUMBER: ITEM NUMBER: 2 DATE: 10-18-16 21 ITEM NUMBER: ITEM NUMBER: 2 DATE: 10-18-16 ATTACHMENT 2: Draft Resolution PC 2016-A PLN 2016-1616 / TRP 2016-0204 DRAFT RESOLUTION NO. PC 2016-A A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING PLN 2016-1616 / TRP 2016-0204, TO ALLOW THE REMOVAL OF NINE (9) COAST LIVE OAK AND SIX (6) VALLEY OAK TREES TOTALING 208-INCHES DIAMETER AT BREAST HEIGHT (DBH) LOCATED AT 7080 BELLA VISTA ROAD (APN 054-086-005) WHEREAS, an application was received from Ron Westbrook of Westco Builders, Inc., 1830 N. Kelsey Street, Visalia, California, 93291 (Property Owner), and by Chip Tamagni, A&T Arborists, PO Box 1311, Templeton, California, 93465 (Arborist), for a Tree Removal Permit to remove fifteen (15) native oak trees totaling two hundred and eight (208) inches DBH. WHEREAS, the Planning Commission reviewed the proposed Tree Removal Permit application on October 18, 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 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. The selected building site is on a flat area near Bella Vista Road. The project will utilize the existing driveway to the extent possible, and the long and narrow structure is designed to minimize impact to the land. Due to the number of trees on the lot, reasonable use of the property requires the removal of native trees. SECTION 2. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on October 18, 2016, and resolved to approve Tree Removal Permit 2016-0204, subject to the following: 22 ITEM NUMBER: ITEM NUMBER: 2 DATE: 10-18-16 EXHIBIT A: Conditions of Approval EXHIBIT B: Required Tree Removal Mitigation EXHIBIT C: Site Plan On motion by Commissioner ____________________, and seconded by Commissioner _________________________, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAINED: ( ) ADOPTED: CITY OF ATASCADERO, CA _________________________________________ Jan Wolff Planning Commission Chairperson ATTEST: ___________________________________ Phil Dunsmore Planning Commission Secretary 23 ITEM NUMBER: ITEM NUMBER: 2 DATE: 10-18-16 EXHIBIT A: Conditions of Approval / Mitigation Monitoring PLN 2016-1616 / TRP 2016-0204 Conditions of Approval PLN 2016-1616 / TRP 2016-0204 7080 Bella Vista Road 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 removals 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 per the Atascadero Native Tree Guidelines. Building Permit PS 4. Payment to the tree mitigation fund or approval of a tree replanting and irrigation plan shall occur before trees are removed. Building Permit PS 5. If tree replanting is selected, the owner or applicant shall provide drip irrigation to new trees until they are established. Building Permit / Ongoing PS 24 ITEM NUMBER: ITEM NUMBER:2 DATE: 10-18-16 Exhibit B Required Tree Removal Mitigation PLN 2016-1616 / TRP 2016-0204 dbh tree number dbh tree number 1 12 570 1 12 575 2 16 573 2 7 576 3 30 582 3 6 577 4 12 586 4 8 585 5 7 591 5 4 589 6 24 592 6 10 596 7 22 593 7 8 33 594 8 9 5 595 9 10 10 11 11 12 12 13 13 14 14 15 15 Total 161 inches Total 47 inches 208 Mitigation Requirement req'd tree replacements: 27 five gal trees req'd tree replacements: 16 five gal trees Proposed Replanting 0 five gal trees Proposed Replanting 0 five gal trees 0 five gal trees 0 fifteen gal trees 0 fifteen gal trees 0 fifteen gal trees 0 box trees (24'')0 box trees (24'')0 box trees (24'') Remaining Mitigation 27 five gal trees Remaining Mitigation 16 five gal trees 43 five gal trees or or Tree Fund Payment:1,341.67$ Tree Fund Payment:783.33$ 2,125.00$ 25 ITEM NUMBER: ITEM NUMBER:2 DATE: 10-18-16 Exhibit C Site Plan PLN 2016-1616 / TRP 2016-0204 Bond payment for tree #31, impacted 45% : 570 592 591 589 586 585 582 577 576 575 573 593 594 596 595 26 ITEM NUMBER: ITEM NUMBER:3 DATE: 10-18-16 Atascadero Planning Commission Staff Report – Community Development Department Alfredo R. Castillo, AICP, 470-3436, acastillo@atascadero.org Tree Removal Permit 2016-0206 Oakhaven Subdivision 5570 Madrono Place SUBJECT: The proposed project is a request to remove one (1) 45-inch diameter at breast height (DBH) coast live oak tree, located at 5570 Madrono Place. The tree is in poor condition, and is a potential hazard on a residential street and the adjacent residence. The arborist of record for the subdivision is recommending removal of the tree due to hazardous conditions. RECOMMENDATION: Staff Recommends: The Planning Commission adopt Resolution PC 2016-A to allow the removal of one (1) hazardous coast live oak tree with a 45-inch diameter, subject to replanting mitigation and conditions of approval. Situation and Facts: 1.Property Owner: Byrce M. Swartzwelder 5570 Madrono Place Atascadero, CA 93422 Auroa Property Services PO Box 1227 San Luis Obispo, CA 93406 2.Project Address: 5570 Madrono Place Atascadero, CA 93422 APN 049-048-010 3. Certified Arborist: Steven G. Alvarez, A & T Arborists P.O. Box 1311, Templeton CA 93465 27 ITEM NUMBER: ITEM NUMBER: 3 DATE: 10-18-16 Regio Place Copado Way 3. 4. General Plan Designation: High Density Residential (HDR) 5. Zoning District: Residential Multi-Family (RMF-20) Planned Development #26 overlay (PD26) 6. Site Area: Approximately 2,613 sf 7. Existing Use: Residence BACKGROUND: Tract 2614, known as Oakhaven, was approved as a 62 unit planned development. Construction of the public improvements began in late 2013 with residential homes sold to the public beginning in 2014. The project has been completed and is awaiting final inspections to public improvements. Less than five (5) homes remain to be sold and the last 3 are undergoing final inspection by the building division this week. One of the more distinctive features of the planned developed was the preservation of the many on-site oak trees, hence the name “Oakhaven”. The subdivision utilized planter islands in the streets and sensitive placement of buildings to preserve the oaks. Unfortunately, many of the trees were in poor condition prior to the development and many have been stressed by the development; this is the third tree removal permit for the neighborhood since 2011. Site Plan . 45” coast live oak tree proposed for removal 28 ITEM NUMBER: ITEM NUMBER: 3 DATE: 10-18-16 ANALYSIS: An application has been submitted by A&T Arborists for the removal of one (1) 60-foot tall, 45-inch coast live oak tree located on lot 10 (5570 Madrono Place). A&T Arborists has cared for the tree, removing weight from larger limbs as needed in order to reduce the likelihood of failure. The original arborist report from 2005 noted that the tree was in marginal health. Although the tree’s dripline is within the right-of-way of the road, the arborist had included an action plan including using rocks to allow for ground water intrusion, mulch etc. The tree is now exhibiting oak root fungus, rot, and decay. The tree now has callous tissue formed over old wounds and large cavities in each scaffold branch. Aerial Photograph of 5570 Madrono Place The project arborist has included a tree hazard evaluation form indicates that the tree has oak root fungus, scale, and decay. The arborist is recommending removal of the tree. AMC 9-11.105 requires Planning Commission approval for tree removal permits for native trees greater than 24-inches DBH. The tree removal permit fee has been waived due to the diseased condition of the tree. 29 ITEM NUMBER: ITEM NUMBER:3 DATE: 10-18-16 Tree Mitigation The Atascadero Municipal Code requires mitigation for all trees approved for removal. The Tree Ordinance allows for either replanting of new native trees, or payment of mitigation fees to the tree fund. Based on the 45-inch diameter size of the tree, the required replanting is eleven (11) 5-gallon native trees. Alternatively, the applicant may pay $750.00 to the Tree Replacement Fund. Some combination of the two mitigation measures is also allowed and Staff is recommending at minimum, two (2) 24-inch box trees be replanted at that location. 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. (i) The tree is dead, diseased or injured beyond reclamation, as certified by a tree condition report from an arborist. Staff Comment: The project arborist agrees that the tree is diseased and should be removed as it causes a potential hazard to the nearby home owners. CONCLUSIONS: A certified arborist has determined that the subject 45-inch DBH coast live oak tree is in poor condition and creates a potential hazard for the lot that the tree is on, and the adjacent homes. Based on the arborist’s evaluation and above analysis, findings can be made to approve the requested removal, subject to the required mitigation. 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 – Location and Zoning Map Attachment 2 – Site Photos Attachment 3 – Project Arborist Report Attachment 4 – Draft Resolution PC 2016-A Bond payment for tree #31, impacted 45% : 30 ITEM NUMBER: ITEM NUMBER:3 DATE: 10-18-16 ATTACHMENT 1: Location and Zoning Map PLN 2015-1560 / TRP 2015-0187 Surrounding Zoning North: High Density Residential Multi-family (RMF-20) East: High Density Residential Multi-family (RMF-20) South: High Density Residential Multi-family (RMF-20) West: High Density Residential Multi-family (RMF-20) 5570 Madrono RS RMF-20 31 ITEM NUMBER: ITEM NUMBER: 3 DATE: 10-18-16 ATTACHMENT 2: Site Photos PLN 2015-1560 / TRP 2015-0187 32 ITEM NUMBER: ITEM NUMBER: 3 DATE: 10-18-16 33 ITEM NUMBER: ITEM NUMBER: 3 DATE: 10-18-16 ATTACHMENT 3: Project Arborist Report TRP 2016-0206 34 ITEM NUMBER: ITEM NUMBER: 3 DATE: 10-18-16 35 ITEM NUMBER: ITEM NUMBER: 3 DATE: 10-18-16 36 ITEM NUMBER: ITEM NUMBER: 3 DATE: 10-18-16 ATTACHMENT 4: Draft Resolution PC 2016-A TRP 2016-0206 DRAFT RESOLUTION NO. PC 2016-A A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING TRP 2016-0206, TO ALLOW THE REMOVAL OF ONE (1) COAST LIVE OAK TREE WITH A DIAMETER OF 45-INCHES (5570 MADRONO PLACE / SWARTZWELDER / OAKHAVEN HOA) WHEREAS, an application was received from A & T Arborists, PO Box 1311, Templeton, California 93465 (applicant), and by Oakhaven Village HOA, PO Box 1227, San Luis Obispo, CA 93406 (owner) / Bryce M. Swartzwelder, 5570 Madrono Place, Atascadero, CA 93422 and , for a Tree Removal Permit to remove one (1) hazardous coast live oak tree totaling 45-inches DBH located at 5570 Madrono Place; and WHEREAS, the Planning Commission reviewed the proposed Tree Removal Permit application on October 18, 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 dead, diseased or injured beyond reclamation, as certified by a tree condition report from an arborist. SECTION 2. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on October 18, 2016, resolved to approve Tree Removal Permit 2015- 0187, subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Tree Mitigation Worksheet 37 ITEM NUMBER: ITEM NUMBER: 3 DATE: 10-18-16 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: ( ) ADOPTED: ABSTAINED: CITY OF ATASCADERO, CA _________________________________________ Jan Wolfe Planning Commission Chairperson ATTEST: ___________________________________ Phil Dunsmore, AICP Planning Commission Secretary 38 ITEM NUMBER: ITEM NUMBER:3 DATE: 10-18-16 EXHIBIT A: Conditions of Approval TRP 2016-0206 Conditions of Approval PLN 2015-1560 / TRP 2015-0187 5570 Madrono Place APN 049-048-010 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 the 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, current owner 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 development. Ongoing PS 3.The applicant shall mitigate the tree removal by one of the following options as shown in Exhibit B: -Replant eleven (11) 5-gallon or; -Make a payment of $750.00 to the Atascadero Tree Replacement Fund; or -Some approved combination of replanting and fund payment. Tree removal PS 4.The applicant shall provide drip irrigation to tree replanting sites until trees are established. Staff is recommending planting of two (2) 24-inch box California Bay Laurel or California Sycamore. Tree replanting PS 5.Before the tree is removed, the owner or applicant shall: -Provide a tree replanting plan, made in consultation with a certified arborist, showing proposed species and location of replanting, and irrigation to be approved by City staff; and/or, -Make appropriate payment to the Tree Replacement Fund. Tree removal PS 39 ITEM NUMBER: ITEM NUMBER: 3 DATE: 10-18-16 EXHIBIT B: Native Tree Mitigation Worksheet TRP 2016-0206 Evergreen Native Trees (inches)Deciduous Native Trees (inches)Totals dbh notes dbh notes 1 45-inches diseased / dead 1 2 2 3 3 4 4 5 5 6 6 Total 45-inches Total 0-inches 45-inches Mitigation Requirement req'd tree replacements: 15 five gal trees req'd tree replacements: 0 five gal trees 15 five gal trees Proposed Replanting 0 five gal trees Proposed Replanting 0 five gal trees 0 five gal trees 0 box trees (24'')0 box trees (24'')0 box trees (24'') Remaining Mitigation 15 five gal trees Remaining Mitigation 0 five gal trees 15 five gal trees Tree Fund Payment:750.00$ Tree Fund Payment:-$ 750.00$ t:\- pre 06 plns (old planning docs)\- zch - zone change\zch 05\zch 2005-0099-oakhaven pd\tree removal oct 2016\2016-0206 trp.docx Bond payment for tree #31, impacted 45% : 40 Atascadero Planning Commission Staff Report - Community Development Department Stefanie Farmer, Planning Intern, 470-3466, sfarmer@atascadero.org Katie Banister, Assistant Planner, 470-3480, kbanister@atascadero.org PLN 2016-1615 / CUP 2016-0302 Oversized Accessory Structure 5260 Maleza Ave (Duveneck / Armenta) 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) 2016-0302 allowing a 1,200 square-foot detached accessory structure based on findings and subject to conditions of approval. DISCUSSION: Situation & Facts 1. Applicant: Michael Armenta 14351 Mary Austin Lane Atascadero, CA 93422 2. Owner: Charles Duveneck 5260 Maleza Avenue, Atascadero, CA 93422 3. Project Address: 5260 Maleza, Atascadero, CA 93422 APN 029-121-021 4. General Plan Designation: Single-Family Residential (SFR-Y) 5. Zoning District: Residential Single-Family (RSF-Y) 6. Site Area: 1.02 acres 7. Existing Use: Single-family residence ITEM NUMBER: 4 DATE: 10-18-16 41 ITEM NUMBER: 4 DATE: 10-18-16 8. Environmental Status: Section 15303 Categorical Exemption: New Construction or Conversion of Small Structures Background The site is located on the east side of Highway 101 and north of Curbaril Avenue. The property is approximately one acre in a Residential Single-Family neighborhood. Location and Zoning Surrounding Land Use and Setting: North: Residential Single Family (RSF-Y) Open Space (OS) South: Residential Single Family (RSF-Y) East: Residential Single Family (RSF-Y) Residential Suburban (RS) West: Residential Single Family (RSF-Y) The main residence and attached garage total 1,300 square feet. The applicant intends to construct a detached metal building on the west side of the property and parallel to the primary structure. The owner plans to use this structure as a workshop. The property also contains a circular driveway with a dirt surface, and an easement to benefit the Southern California Gas Company for a high pressured gas line to run through the south-eastern side of the property. The dirt circular driveway connects with the main residence driveway and then extends westward to Maleza Avenue. The applicant intends to update the dirt circle driveway with an all-weather surface. Project Site 5260 Maleza Road Stadium Park RS District RSF-Y District 42 ITEM NUMBER: 4 DATE: 10-18-16 Aerial Photograph 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 be as large as 50% of the size of the primary residence. Deviation from these standards requires a minor Conditional Use Permit (CUP). The floor area of the proposed 1,200 square-foot structure is approximately 92% of the size of the primary residence. Without a CUP, the maximum size for a detached accessory structure on this property would be 650 square feet of floor area. The structure is defined as a workshop or garage by AMC Section 9-5.020, and is categorized as an unconditioned, utility (U) occupancy space. The property has one temporary metal carport located on the west side of the garage and one small wooden storage container under 120 square feet located near the back of the residence. The applicant intends to remove the metal carport and transfer the storage into the proposed workshop. A condition has been included for the applicant to either seek a building permit for the carport or remove it from the property. Project Site 5260 Maleza Ave Proposed location of new accessory structure Approx. location of high- pressure gas pipeline All weather circle driveway 43 ITEM NUMBER: 4 DATE: 10-18-16 Native Trees There are two blue oak trees located near the proposed structure that may be impacted by development. One blue oak is located in the south-west corner along Maleza Avenue and one is surrounded by the circular driveway. AMC Section 9-11.106 requires a Tree Protection Plan for any construction or road building activity occurring within 20 feet of the dripline of a native tree. All proposed activities are outside the dripline but some are within 20 feet of these two blue oak trees. Tree protection fencing will be installed to prevent as much disturbance as possible. One valley oak tree was recently removed from the property after an arborist concluded the tree to be in poor health with several areas of decay; the tree was deemed highly likely to fail. The applicant consulted with planning staff regarding the tree’s condition and its proximity to the proposed structure prior to removal. The tree was not in the footprint of the proposed structure. AMC Section 9-11.105 exempts single family residences from tree removal permits if there are currently no active building permits. While the applicant worked with an arborist with the intent to build this proposed structure, the tree was removed due to the hazard it posed, not to accommodate the structure. Staff determined no tree removal permits were necessary based on the distance between the building footprint location and the tree itself. Neighborhood Compatibility The proposed accessory structure will be constructed on a relatively flat area towards the western front half of the property. Since the primary structure is relatively hidden behind a fenced retaining wall already existing on the property, the proposed workshop will be highly visible to neighboring residences. Cross Section of Proposed Structure The applicant proposes a building with a “3 in 12” roof pitch, which is as steep as possible without requiring additional engineering. The steeper roof is more similar to the existing residence and has a less industrial appearance than a flatter roof. The applicant has agreed to add a cupola on top of the 16-foot tall workshop to increase the aesthetic appeal (similar to the following image). Fence Proposed Structure Primary Structure 44 ITEM NUMBER: 4 DATE: 10-18-16 Metal Building with Cupola Proposed Colors Metal material will be used to construct the workshop and the applicant will utilize neutral colors. Staff recommended the structure be changed to a maroon/barn-red color with white trim to give a more agricultural appearance. The applicant prefers the building match the primary structure. Several neighboring properties have metal accessory structures on their property, often in front of the main residence. Photographs of these accessory buildings are included below: Metal Accessory Building Metal Accessory Building Metal Accessory Building Metal Accessory Building Metal Accessory Building Non-Metal Accessory Building 45 ITEM NUMBER: 4 DATE: 10-18-16 ENVIRONMENTAL DETERMINATION: The project qualifies for a Categorical Exemption under Section 15303 of the California Environmental Quality Act (CEQA), 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 and placement of the structure is generally consistent with the character of the 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 Photographs Attachment 2: Draft Resolution PC 2016-A 46 ITEM NUMBER: 4 DATE: 10-18-16 ATTACHMENT 1: Site Photographs PLN 2016-1615 / CUP 2016-0302 Primary Residence Valley Oak Tree Removal Dirt Circle Driveway Looking East Dirt Circle Driveway Connection Small Storage Shed Temporary Accessory Structure Structure to be removed 47 ITEM NUMBER: 4 DATE: 10-18-16 ATTACHMENT 2: Draft Resolution PC 2016-A PLN 2016-1615 / CUP 2016-0302 DRAFT RESOLUTION PC 2016-A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING CONDITIONAL USE PERMIT 2016-0302 (PLN 2016-1615) ALLOWING A DETACHED ACCESSORY STRUCTURE WHICH EXCEEDS FIFTY PERCENT OF THE SIZE OF THE PRIMARY RESIDENCE 5260 MALEZA AVENUE / APN 029-121-021 (DUVENECK / ARMENTA) WHEREAS, an application has been received from Charles Duveneck (5260 Maleza Avenue, Atascadero, CA 93422), Owner; and Michael Armenta ((14351 Mary Austin Lane, Atascadero, CA 93422), Applicant, to consider a Conditional Use Permit (CUP 2016-0302) to allow a 1,200 square foot detached accessory structure, which is larger than 50% of the gross floor area of the principal 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 October 18, 2016, studied and considered the Conditional Use Permit 2016-0302; and, 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: 48 ITEM NUMBER: 4 DATE: 10-18-16 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 Detached accessory structures are consistent with the Single Family Residential designation of the General Plan. The size, use and appearance, are compatible with the surrounding neighborhood as required by Land Use, Open Space and Conservation Element Program 1.1.6. 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 use of the structure will be limited to uses permitted by the Zoning Ordinance. 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; and The owner intends to use the proposed structure as a workshop and garage which is suitable for a residential single family 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 or the immediate neighborhood or contrary to its orderly development; and The metal structure will be located on the front half of the property similar to neighboring properties with metal accessory buildings. The proposed use of the structure is compatible with the neighborhood. 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 addition of a residential workshop/garage will not contribute additional traffic in the neighborhood. 6. That the proposed project is in compliance with any pertinent City policy or criteria adopted by ordinance or resolution of the City Council. 49 ITEM NUMBER: 4 DATE: 10-18-16 Consistent with City policy, the accessory structure may not be used as an additional residential unit. Detached accessory structures are permitted in the residential districts. SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a regular session, assembled on October 18, 2016 resolved to approve Conditional Use Permit 2016-0302 subject to the following: EXHIBIT A: CEQA Exemption EXHIBIT B: Conditions of Approval EXHIBIT C: Site Plan EXHIBIT D: Floor Plan EXHIBIT E: Elevations 50 ITEM NUMBER: 4 DATE: 10-18-16 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 ______________________________ Jan Wolff Planning Commission Chairperson Attest: ______________________________ Phil Dunsmore Planning Commission Secretary 51 ITEM NUMBER: 4 DATE: 10-18-16 EXHIBIT A: Notice of Exemption PLN 2016-1615 / CUP 2016-0302 52 ITEM NUMBER: 4 DATE: 10-18-16 EXHIBIT B: Conditions of Approval PLN 2016-1615 / CUP 2016-0302 Conditions of Approval PLN 2016-1615 / CUP 2016-0302 5260 Maleza 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 1,200 square foot detached accessory structure at 5260 Maleza Avenue, described on the attached exhibits and located on APN 029-121-021, 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, CE 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. Architectural elevations shall be consistent with Exhibit E with the addition of at least one decorative cupola to the roof of the structure, design to be approved by Planning Services staff. BP PS 7. Exterior building and roof colors shall be neutral color scheme, similar to as shown in attached exhibits. Alternatively, the structure may be a maroon color with white trim. BP PS 8. All utilities servicing the accessory structure shall be installed underground. BP PS, BS 9. Building height shall not exceed 20 feet, excluding decorative features such as a cupola. BP PS, BS 10. 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 53 ITEM NUMBER: 4 DATE: 10-18-16 Conditions of Approval PLN 2016-1615 / CUP 2016-0302 5260 Maleza 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 11. Existing unpermitted accessory structures on the property in excess of 120 square feet shall be removed, or the applicant shall apply for and receive a building permit for the structure. FI PS Building Services Conditions 12. A building permit is required before construction of the accessory structure shall begin. BP BS Public Works Department Conditions 13. A storm water control plan shall be submitted to the City, to be approved by the City Engineer. BP CE 14. Erosion control and dust control shall be in place at all times during ground disturbing activities. Said control measures shall remain in 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. BP CE 15. Driveway approaches within the public right-of-way shall comply with City engineering standards and receive an encroachment permit. BP CE 16. A maximum of two driveway approaches shall be permitted on Maleza Road from the property. BP CE 17. All plottable easements shall be plotted accurately on the site plan, including those for the high-pressure gas line. BP PS / CE Fire Department Conditions 18. The detached accessory structure shall comply with all Fire Department standards and requirements including driveway length, width, surface and slope, dry line and fire truck turnaround. BP FD 19. The driveway to the accessory structure shall be at least 12 feet wide and given an all-weather surface (gravel road base 4-6 inches thick) or as approved by the Fire Department. BP FD, PS 20. A Fire Department approved automatic fire sprinkler system shall be installed on buildings greater than 1,000 feet. BP FD EXHIBIT C: Site Plan PLN 2016-1615 / CUP 2016-0302 54 ITEM NUMBER: 4 DATE: 10-18-16 Circle Driveway Tree Protection Fencing Previously Removed Valley Oak 55 ITEM NUMBER: 4 DATE: 10-18-16 EXHIBIT D: Conceptual Floor Plan PLN 2016-1615 / CUP 2016-0302 56 ITEM NUMBER: 4 DATE: 10-18-16 EXHIBIT E: Elevations PLN 2016-1615 / CUP 2016-0302 Approx. 16 feet 57 58 Atascadero Planning Commission Staff Report - Community Development Department Stefanie Farmer, Planning Intern, 470-3466, sfarmer@atascadero.org Katie Banister, Assistant Planner, 470-3480, kbanister@atascadero.org PLN 2016-1612 / CUP 2016-0301 Oversized Accessory Structure 4690 San Vicente Ave (Lehman) SUBJECT: The proposed project consists of a detached accessory structure that exceeds 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) 2016-0301 allowing a 1,269 square-foot detached accessory structure based on findings and subject to conditions of approval. DISCUSSION: Situation & Facts 1. Applicant & Owner: John S. Lehman, 4690 San Vicente Ave, Atascadero, CA 93422 2. Project Address: 4690 San Vicente Ave, Atascadero, CA 93422 APN 028-161-001 3. General Plan Designation: Single-Family Residential (SFR-Y) 4. Zoning District: Residential Single-Family (RSF-Y) 5. Site Area: 0.28 acres 6. Existing Use: Single-family residence 7. Environmental Status: Section 15303 Categorical Exemption: New Construction or Conversion of Small Structures ITEM NUMBER: 5 DATE: 10-18-16 59 ITEM NUMBER: 5 DATE: 10-18-16 Background The site is located approximately one mile northwest of City Hall and is within a residential single family neighborhood. The property is less than one half acre and borders a five way intersection. San Vicente Avenue outlines the southern property line and San Jacinto Avenue borders the western property line. Location and Zoning Surrounding Land Use and Setting North: Limited Single-Family (LSF-X) Residential Single-Family (RSF-Y) South: Residential Single-Family (RSF-Y) East: Residential Single-Family (RSF-Y) West: Limited Single-Family (LSF-X) Residential Single-Family (RSF-Y) Project Site 4690 San Vicente Ave HWY 101 San Anselmo Rd Exit LSF-X RSF-Y HWY 41 San Jacinto Ave Downtown City Hall El Camino Real 60 ITEM NUMBER: 5 DATE: 10-18-16 The existing residence is 1,449 square feet. The San Luis Obispo County Assessor’s residential building record for the property indicates the primary residence was built in 1942. The City has building permit records from 1979 for a 320 square-foot detached garage, and from 1998 for a 484 square-foot carport attached to the garage. Today, the property contains the main residence, a fire department approved driveway, the carport attached to a garage, a retaining wall, and three small storage sheds approximately 65 square feet in size each. Aerial Photograph The applicant intends to replace the 320 square-foot detached garage with a 785 square-foot garage and to remove the three storage sheds. The new structure will be located in the northeastern corner of the property, and will utilize the existing foundation. Project Site From San Jacinto Ave Project Site 4690 San Vicente Ave Retaining Wall Location 61 ITEM NUMBER: 5 DATE: 10-18-16 The proposed garage and carport will be attached by roof shingles and nails. Since the two structures are attached, the building code and zoning ordinance consider them one structure. Existing Carport & Garage Connection 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 be as large as 50% of the size of the primary residence. Deviation from these standards requires a minor Conditional Use Permit (CUP). The existing carport and garage are 55% of the size of the primary residence. Totaling 1,269 square feet, the existing carport and the proposed garage will be approximately 87% of the size of the primary residence. The entire structure will be unconditioned space and will not require fire suppression sprinklers due to the lack of walls on three sides of the carport. The applicant intends to install counter space with a utility sink and use the additional space to store a vehicle along with personal items from the small sheds. Expanding Garage & Retaining Wall At some point in the past, a retaining wall was constructed between the carport and the northern property line without a building permit. The retaining wall is 3-4 feet tall and made from dry-stacked broken pieces of concrete. The City Chief Building Official has approved a standard retaining wall design that can be constructed without a building permit. The standard design is for a wall that does not exceed 4 feet in height (measured from the base of the footing), and does not support a surcharge load, such as a building. Since the garage will be expanding in size, there is concern about the stability of the existing retaining wall. Before construction, the retaining wall will need to be inspected by an engineer to ensure it can support the additional load. Staff has included a condition to address this concern. 62 ITEM NUMBER: 5 DATE: 10-18-16 Retaining Wall Garage Expansion & Retaining Wall Retaining Wall Existing Garage Native Tree Garage Expansion Area Retaining Wall 63 ITEM NUMBER: 5 DATE: 10-18-16 Back Side of Garage Expansion Native Trees There is one native tree located on the northern side of the proposed structure that will be impacted by development of this site. The construction of the proposed garage will happen inside the dripline of the native tree. However, most of the foundation near the tree already exists. The Arborist Report designates the native tree in healthy condition with minimal visual or pest defects and requires tree protection fencing to prevent as much disturbance as possible. Additional foundation trenching will be hand dug and the Arborist will monitor the activity. No native tree removals are proposed. Healthy Native Tree Garage Expansion Area Shed to be removed Approximately 9 feet 64 ITEM NUMBER: 5 DATE: 10-18-16 Neighborhood Compatibility The architecture and color scheme of the proposed structure are designed to match the existing residence, and are consistent with similar structures in the neighborhood. The outer material will consist of red fiber-cement siding with white trim. The applicant proposes a structure with a maximum height of 11 feet. The low profile is intended to maintain his view to the north. The majority of the new garage expansion will be toward the residence and rear fence, and will replace 3 less-attractive sheds totaling almost 200 square feet in size. Neighboring views of the structure will appear relatively similar to existing conditions. The overall appearance of the property will be improved by the removal of the sheds. Existing Residence Shed to be removed Two sheds to be removed ENVIRONMENTAL DETERMINATION: The project qualifies for a Categorical Exemption under Section 15303 of the California Environmental Quality Act (CEQA), 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 and placement of the structure is generally consistent with the character of the neighborhood. 65 ITEM NUMBER: 5 DATE: 10-18-16 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 Photographs Attachment 2: Applicant Statement of Justification Attachment 3: Draft Resolution PC 2016-A 66 ITEM NUMBER: 5 DATE: 10-18-16 ATTACHMENT 1: Site Photographs PLN 2016-1612 / CUP 2016-0301 Primary Residence Existing Garage & Carport Driveway From San Jacinto Ave Primary Residence from San Vicente Ave Primary Residence & Neighbor 67 ITEM NUMBER: 5 DATE: 10-18-16 ATTACHMENT 2: Applicant’s Statement of Justification PLN 2016-1612 / CUP 2016-0301 68 ITEM NUMBER: 5 DATE: 10-18-16 ATTACHMENT 3: Draft Resolution PC 2016-A PLN 2016-1612 / CUP 2016-0301 DRAFT RESOLUTION PC 2016-A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING CONDITIONAL USE PERMIT 2016-0301 (PLN 2016-1612) ALLOWING A DETACHED ACCESSORY STRUCTURE WHICH EXCEEDS FIFTY PERCENT OF THE SIZE OF THE PRIMARY RESIDENCE 4690 SAN VICENTE AVE / APN 028-161-001 (LEHMAN) WHEREAS, an application has been received from John Lehman (4690 San Vicente Ave, Atascadero, CA 93422), Applicant and Owner, to consider a Conditional Use Permit (CUP 2016-0301) to allow a 1,269 square foot detached accessory structure, which is larger than 50% of the gross floor area of the principal 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 October 18, 2016, studied and considered the Conditional Use Permit 2016-0301; and, 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: 69 ITEM NUMBER: 5 DATE: 10-18-16 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 Detached accessory structures are consistent with the Single Family Residential designation of the General Plan. The size, use and appearance, are compatible with the surrounding neighborhood as required by Land Use, Open Space and Conservation Element Program 1.1.6. 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 use of the structure will be limited to uses permitted by the Zoning Ordinance. 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; and The storage of a recreational vehicle and other household items along with a work bench and a utility sink are compatible with residential single family neighborhoods. 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 or the immediate neighborhood or contrary to its orderly development; and The structure will match the primary residence in terms of architectural design and color. In combination with the garage expansion, the cluster of small sheds will be removed which will maintain or improve the existing neighboring views. The proposed use of the structure is compatible with the neighborhood. 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 expansion of a residential garage will not contribute additional traffic in the neighborhood. 6. That the proposed project is in compliance with any pertinent City policy or criteria 70 ITEM NUMBER: 5 DATE: 10-18-16 adopted by ordinance or resolution of the City Council. Consistent with City policy, the accessory structure may not be used as an additional residential unit. Detached accessory structures are permitted in the residential districts. SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a regular session, assembled on October 18, 2016 resolved to approve Conditional Use Permit 2016-0301 subject to the following: EXHIBIT A: CEQA Exemption EXHIBIT B: Conditions of Approval EXHIBIT C: Site Plan EXHIBIT D: Floor Plan EXHIBIT E: Elevations 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 71 ITEM NUMBER: 5 DATE: 10-18-16 EXHIBIT A: Notice of Exemption PLN 2016-1612 / CUP 2016-0301 72 ITEM NUMBER: 5 DATE: 10-18-16 EXHIBIT B: Conditions of Approval PLN 2016-1612 / CUP 2016-0301 Conditions of Approval PLN 2016-1612 / CUP 2016-0301 4690 San Vicente Ave 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 988 square foot detached accessory structure at 4690 San Vicente Ave., described on the attached exhibits and located on APN 028-161-001, 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, CE 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. Architectural elevations shall be consistent with Exhibit E. Exterior building colors shall match the colors of the residence (red siding with white trim). FI PS 7. All utilities servicing the accessory structure shall be installed underground. BP PS, BS 8. Building height shall not exceed 11 feet. BP PS, BS 9. The accessory structure shall not be used as a secondary residential unit. The accessory structure shall not have cooking facilities, however one sink is permitted. Ongoing PS 10. Three, existing accessory sheds on the property shall be removed. FI PS Building Services Conditions 73 ITEM NUMBER: 5 DATE: 10-18-16 Conditions of Approval PLN 2016-1612 / CUP 2016-0301 4690 San Vicente Ave 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 11. A building permit is required before construction of the accessory structure shall begin. BP BS 12. An analysis of the retaining wall between the northern property line and the accessory structure shall be required by a California licensed design professional. BP BS Public Works Department Conditions 13. A storm water control plan shall be submitted to the City, to be approved by the City Engineer. BP CE 74 ITEM NUMBER: 5 DATE: 10-18-16 EXHIBIT C: Site Plan PLN 2016-1612 / CUP 2016-0301 Retaining Wall New Garage Residence Three existing sheds to be removed Tree protection fencing 75 ITEM NUMBER: 5 DATE: 10-18-16 EXHIBIT D: Conceptual Floor Plan PLN 2016-1612 / CUP 2016-0301 76 ITEM NUMBER: 5 DATE: 10-18-16 EXHIBIT E: Elevations PLN 2016-1612 / CUP 2016-0301 77