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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
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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
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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
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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
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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