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HomeMy WebLinkAboutPC_2016-12-06_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, December 6, 2016 – 7:00 P.M. Historic City Hall Council Chambers 6500 Palma Avenue, 4th Floor Atascadero, California 93422 CALL TO ORDER Pledge of Allegiance Roll Call: Chairperson Jan Wolff Vice Chairperson Duane Anderson Commissioner David Bentz Commissioner Mark Dariz Commissioner Jerel Seay Commissioner Charles Bourbeau Commissioner Dennis Schmidt APPROVAL OF AGENDA PUBLIC COMMENT (This portion of the meeting is reserved for persons wishing to address the Commission on any matter not on this agenda and over which the Commission has jurisdiction. Speakers are limited to three minutes. Please state your name for the record before making your presentation. The Commission may take action to direct the staff to place a matter of business on a future agenda.) PLANNING COMMISSION BUSINESS City of Atascadero Planning Commission Agenda Regular Meeting, Dec. 6, 2016 Page 2 of 4 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website CONSENT CALENDAR (All items on the consent calendar are considered to be routine and non-controversial by City staff and will be approved by one motion if no member of the Commission or public wishes to comment or ask questions.) 1. APPROVAL OF DRAFT ACTION MINUTES OF NOVEMBER 15, 2016 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 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).) 2. PLN 2016-1619, CONDITIONAL USE PERMIT FOR 9071 PALOMAR Property Owner/Applicant: Chuck Atkinson, 9071 Palomar Ave., Atascadero, CA 93422 Project Title: PLN 2016-1619 / CUP 2016-0304 Project Location: 9071 Palomar Ave., Atascadero, CA 93422 APN 030-071-055 (San Luis Obispo County) Project Description: The applicant proposes to construct a 1,056 square-foot metal building intended to house a recreational vehicle. Existing structures on the property include the residence, a garage with attached home office, a studio, and a storage building. The proposed building would be the 4 th accessory structure greater than 120 square feet in size on the property. General Plan Designation: Single-Family Residential (SFR-Y) Zoning District: Residential Single-Family (RSF-Y) Proposed Environmental Determination: The project is categorically exempt from the California Environmental Quality Act (Section 15303, CEQA Guidelines). Class 3 exemptions include new c onstruction of accessory structures such as garages. 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 1,056 square-foot metal building, based on findings and subject to conditions. City of Atascadero Planning Commission Agenda Regular Meeting, Dec. 6, 2016 Page 3 of 4 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website COMMISSIONER COMMENTS AND REPORTS DIRECTOR’S REPORT ADJOURNMENT The next regular meeting will be on December 20, 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. City of Atascadero Planning Commission Agenda Regular Meeting, Dec. 6, 2016 Page 4 of 4 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website City of Atascadero WELCOME TO THE ATASCADERO PLANNING COMMISSION MEETING The Planning Commission meets in regular session on the first and third Tuesday of each month at 7:00 p.m. at City Hall, Council Chambers, 6500 Palma Avenue, Atascadero. Matters are considered by the Commission in the order of the printed Agenda. Copies of the staff reports or other documentation relating to each item of business referred to on t he Agenda are on file in the office of the Community Development Department and are available for public inspection during City Hall business hours at the Front Counter of City Hall, 6500 Palma Avenue, Atascadero, and on our website, www.atascadero.org. All documents submitted by the public during Commission meetings that are either read into the record or referred to in their statement will be noted in the minutes and available for review in the Community Development Department. Commission meetings are audio recorded, and may be reviewed by the public. Copies of meeting recordings are available for a fee. Contact the City Clerk for more information (470-3400). In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager’s Office or the City Clerk’s Office, both at (805) 470-3400. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, “PUBLIC COMMENT”, the Chairperson will call for anyone from the audience having business with the Commission to approach the lectern and be recognized. 1. Give your name for the record (not required) 2. State the nature of your business. 3. All comments are limited to 3 minutes. 4. All comments should be made to the Chairperson and Commission. 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present. This is when items not on the Agenda may be brought to t he 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 Commission 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 Minutes of 11/15/16 Page 1 of 8 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting – Tuesday, November 15, 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 7:03 p.m. and Vice Chairperson Anderson led the Pledge of Allegiance. ROLL CALL Present: Commissioners Dariz, Bourbeau, Schmidt, Seay, and Vice Chairperson Anderson and Chairperson Wolff Absent: Commissioner Bentz (excused) Others Present: Recording Secretary, Annette Manier Staff Present: Community Development Director, Phil Dunsmore Associate Planner, Alfredo Castillo Senior Planner, Kelly Gleason Assistant Planner, Katie Banister APPROVAL OF AGENDA MOTION: By Commissioner Schmidt and seconded by Vice Chairperson Anderson to approve the Agenda. Motion passed 6:0 by a roll-call vote. Chairperson Wolff congratulated Commissioner Bourbeau on his upcoming appointment to City Council. PUBLIC COMMENT None Chairperson Wolff closed the Public Comment period. ITEM NUMBER: 1 DATE: 12-6-16 1 PC Draft Minutes of 11/15/16 Page 2 of 8 PLANNING COMMISSION BUSINESS None CONSENT CALENDAR 1. APPROVAL OF DRAFT ACTION MINUTES OF NOVEMBER 1, 2016 2. APPROVAL OF 2017 PLANNING COMMISSION MEETING SCHEDULE MOTION: By Commissioner Schmidt and seconded by Commissioner Dariz to approve the consent calendar. Motion passed 6:0 by a roll-call vote. COMMUNITY DEVELOPMENT STAFF REPORTS 3. PLN 2014-1529, TREE REMOVAL PERMIT ADDENDUM FOR 11955 & 11975 VIEJO CAMINO Senior Planner Gleason presented the staff report and answered questions from the Commission. PUBLIC COMMENT The following persons spoke during public comment: Chip Tamagni. Mr. Tamagni answered questions from the Commission. Chairperson Wolff closed the Public Comment period. MOTION: By Commissioner Schmidt and seconded by Commissioner Bourbeau to adopt PC Property Owner/Applicant: Midland Cerro Roble, 7305 Morro Rd., Ste. 200, Atascadero CA 93422 Certified Arborist: Chip Tamagni, A&T Arborists, PO Box 1311, Templeton, CA 93465 Project Title: PLN 2014-1529 / TRP 2014-0178 Project Location: 11955 & 11975 Viejo Camino., Atascadero, CA 93422 APN 045-401-003, 004 (San Luis Obispo County) Project Description: The project consists of a request to remove 6 dead oak trees. These removals are in addition to the removals previously approved as part of the residential subdivision. General Plan Designation: SFR-X Zoning District: RSF-X/PD 33 City Staff: Kelly Gleason, Sr. Planner, kgleason@atascadero.org, Phone: 470 -3446 Staff Recommendation: The Planning Commission adopt PC Resolution 2016 -A approving Tree Removal Permit Addendum 2014-0178. 2 PC Draft Minutes of 11/15/16 Page 3 of 8 Resolution 2016-A approving an addendum to TRP 2014-0178 to allow the removal of six (6) additional coast live oak trees totaling 218-inches diameter at breast height, based on findings and subject to mitigation. Motion passed 6:0 by a roll-call vote. 4. PLN 2016-1618, TREE REMOVAL PERMIT FOR 2605 TRAFFIC WAY Assistant Planner Banister presented the staff report and answered questions from the Commission. Ms. Banister stated that the applicant has asked for a waiver of fees due to non-profit status, however, staff has determined that the Planning Commission does not have the ability to waive the required mitigation due to Municipal Cod e requirements. PUBLIC COMMENT The following persons spoke during public comment: Chip Tamagni and Harry Hamilton. Mr. Tamagni answered questions from the Commission. Harry Hamilton requested that Condition 3 be changed because he does not want to be mandated to plant 2 replacement trees on-site, due to the location of the septic line. He would prefer to have the condition allow the Congregation to choose whether to mitigate through replanting or payment to the tree mitigation fund. Chairperson Wolff closed the Public Comment period. MOTION: By Commissioner Bourbeau and seconded by Vice Chairperson Anderson to adopt PC Property Owner/Applicant: Congregation Ohr Tzafon, 2605 Traffic Way, Atascadero, CA 93422 Certified Arborist: Chip Tamagni, A&T Arborists, PO Box 1311, Templeton, CA 93465 Project Title: PLN 2016-1618 / TRP 2016-0207 Project Location: 2605 Traffic Way, Atascadero, CA 93422 APN 049-063-003 (San Luis Obispo County) Project Description: The project consists of a request to remove one hazardous coast live oak tree in an area where a playground is proposed. The tree has 3 weak branch attachments, and is hazardous for the existing parking area. The proposed playground would be below the canopy of the tree. General Plan Designation: REC Zoning District: L 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 2016-0207. 3 PC Draft Minutes of 11/15/16 Page 4 of 8 Resolution 2016-A to allow the removal of 1 native tree, based on findings and subject to mitigation with the removal of Condition 3. Commissioner Schmidt requested clarification to Condition 3 and suggested it be amended to remove one sentence instead. Commissioner Bourbeau and Vice Chairperson Anderson agreed to amend their motion. MOTION: Commissioner Bourbeau and seconded by Vice Chairperson Anderson to adopt PC Resolution 2016-A to allow the removal of 1 native tree, based on findings and subject to mitigation and to reword Condition 3 to remove the following sentence “At least two native trees shall be planted on-site.” Motion passed 6:0 by a roll-call vote. 5. PLN 2016-1620, TREE REMOVAL PERMIT FOR 6340 ALCANTARA AVE. Associate Planner Castillo presented the staff report and answered questions from the Commission. PUBLIC COMMENT The following persons spoke during public comment: Chip Tamagni. Mr. Tamagni clarified which tree in the picture needed to be removed. Chairperson Wolff closed the Public Comment period. MOTION: By Commissioner Bourbeau and seconded by Commissioner Schmidt to adopt PC Resolution 2016-A to allow the removal of 1 Property Owner: Scott Cursey, 6340 Alcantara, Atascadero CA 93422 Certified Arborist: Chip Tamagni, A&T Arborists, PO Box 1311, Templeton, CA 93465 Project Title: PLN 2016-1620 / TRP 2016-0208 Project Location: 6340 Alcantara Ave./6503 Poquito Creek Lane, Atascadero, CA 93422 APN 030-292-065 (San Luis Obispo County) Project Description: The project consists of a request to remove a 28-inch valley oak located approx. 13 feet from the proposed improvements that includes construction of a bridge (BLD 2015 - 12775) for the construction of 5 new residential homes. General Plan Designation: Medium Density Residential (MDR) Zoning District: RMF-10 / PD-7 City Staff: Alfredo R. Castillo, Associate Planner, acastillo@atascadero.org, Phone: 470-3480 Staff Recommendation: The Planning Commission adopt PC Resolution 2016 -A approving Tree Removal Permit 2016-0208. 4 PC Draft Minutes of 11/15/16 Page 5 of 8 native tree, based on findings and subject to mitigation. Motion passed 6:0 by a roll-call vote. PUBLIC HEARINGS DISCLOSURE OF EX PARTE COMMUNICATIONS: Prior to a project hearing, Planning Commission Members must disclose any communications they have had on any quasi- judicial agenda items. This includes, but is not limited to, Tentative Subdivision Maps, Parcel Maps, Variances, Conditional Use Permits, and Planned Development Permits. This does not disqualify the Planning Commission Member from participating and voting on the matter, but gives the public and applicant an opportunity to comment on the ex parte communication. (For each of the following items, the public will be given an opportunity to speak. After a staff report, the Chair will open the public hearing and invite the applicant or applicant’s representative to make any comments. Members of the public will be inv ited to provide testimony to the Commission following the applicant. Speakers should state their name for the record and can address the Commission for three minutes. After all public comments have been received, the public hearing will be closed, and the Commission will discuss the item and take appropriate action(s).) 6. PLN 2016-1597, CONDITIONAL USE PERMIT FOR 2535, 2605, 2705 EL CAMINO REAL (EMERALD RIDGE APARTMENTS) EX PARTE COMMUNICATIONS: Commissioners Anderson and Dariz stated that they heard this item at the Design Review Committee (DRC) meeting on August 24, 2016 and September 28, 2016. Commissioner Bourbeau drove by and walked the property. Mr. Bourbeau also met today with Associate Planner Castillo to ask him a number of questions. Property Owner: Peter Laughlin, LDC Commercial, PO Box 2003, Monterey, CA 93942 Representative: RRM Design Group, 3765 S. Higuera, Suite 102, San Luis Obispo, CA 93401 Project Title: PLN 2016-1597 / DRC 2016-0088 - Emerald Ridge Project Location: 2535, 2605, 2705 El Camino Real, Atascadero, CA 93422 APN 049-151-009, 049-151-063, 049-151-011 (San Luis Obispo County) Project Description: The applicant is proposing a 208 unit apartment complex. The proposal includes 72 one (1) bedroom units and 136 two (2) bedroom units. The applicant is requesting a density bonus for high quality architectural design, which is a discretionary approval of the Planning Commission (27 units of the 208 total units). General Plan Designation: High Density Residential (HDR) Zoning District: Residential Multi-Family (RMF-20) Proposed Environmental Determination: Based on the Initial Study prepared for the project, a Mitigated Negative Declaration is proposed. The Mitigated Negative Declaration is available for public review from 10/27/16 through 11/15/16 at 6500 Palma Ave., Community Development Department from 8:30 a.m. to 5:00 p.m. Monday through Friday. This document can be found electronically in PDF format on the City’s website at http://www.atascadero.org/environmentaldocs. City Staff: Alfredo R. Castillo, AICP, Associate Planner, acastillo@atascadero.org, Phone: 470 - 3436 Staff Recommendation: Staff recommends the Planning Commission adopt PC Resolution 2016-A approving CUP 2016-0298 for a high density residential apartment complex based on findings; the Design Review Committee recommends the Planning Commission adopt PC Resolution 2016-B approving a density bonus for high quality residential design, consistent with the City’s General Plan for an additional 27 market rate units. 5 PC Draft Minutes of 11/15/16 Page 6 of 8 Associate Planner Castillo presented the staff report and he and Community Development Director Dunsmore answered questions from the Commission. Mr. Castillo noted that the DRC heard this project on August 24, 2016 and September 28, 2016, and said that this project does not need to go to City Council for approval . The project meets parking requirements with the inclusion of 31 spaces on Street B. Mr. Castillo stated that an item not covered in the staff report was the Fiscal Impact of the project, and staff is proposing additional conditions to the project, which states the following:  Prior to the issuance of a building permit for the 100th unit or the issuance of the 1st building permit for Phase II construction, whichever comes first, applicant shall: * Prepare a Fiscal Impact Report for the entire 208 unit project, and * If the project is not fiscally neutral, the applicant shall either annex into the City’s CFD or create a facilities district to ensure the proposed project is fiscally neutral. The City’s consultant will prepare the Fiscal Impact Report. Mr. Castillo confirmed that on Page 1 5 of the Consultant’s Traffic Report, there is a text error and it should read 129 daily trips vs. 103 daily trips. The Negative Declaration, however, appropriately analyzed the project and its impacts. PUBLIC COMMENT The following persons spoke during public comment: Eddie Herrera (RRM Design Group) who gave a presentation on the project, Peter Laughlin (LDC Commercial), Joe Renelle and Margaret Bolton. Joe Renelle, who was also representing a neighbor, asked the Commission to consider asking the applicant to build a retaining wall between the project and his backyard, due to the fact that this is drastically impacting his property. Chairperson Wolff closed the Public Comment period. Staff addressed the public’s comments and the Commission’s questions regarding height of the buildings, sidewalks, fencing, fence height, Street A, lighting, Rio Rita Road, parking, off-site improvements, on-street parking, and adequate transitions to the transit stop. Commissioner Schmidt expressed his reasoning on why he could not support voting in favor of the project and referred to Pages 44 and 45 of the staff report. He was concerned about neighborhood compatibility, density, parking and circulation. 6 PC Draft Minutes of 11/15/16 Page 7 of 8 MOTION: By Commissioner Bourbeau and seconded by Commissioner Dariz that the Planning Commission adopt PC Resolution 2016-A certifying MND 2016-0003. Motion passed 5:1 by a roll-call vote. (Schmidt voted no) MOTION: By Commissioner Bourbeau and seconded by Commissioner Dariz that the Planning Commission adopt PC Resolution 2016-B approving TRP 2016-0200, permitting the removal of up to 80 coast live oak native trees for the construction of a proposed 208-unit multi-family development. Motion passed 5:1 by a roll-call vote. (Schmidt voted no) MOTION: By Commissioner Bourbeau and seconded by Commissioner Dariz that the Planning Commission adopt PC Resolution 2016-C approving CUP 2016-0298 for the construction of a multi-family apartment complex and approving a 15% density bonus, based on findings, allowing an additional 27 units above the maximum allowed density in the RMF-20 zone, for a total of 208 residential units, with an added condition to prepare a Fiscal Impact Study, per staff’s recommendation, and for staff to work with the applicant to ensure an adequate transition from the public improvements from this site and a potential for off-site improvements southward to ensure we have pedestrian access to the transit stop. Motion passed 5:1 by a roll-call vote. (Schmidt voted no) COMMISSIONER COMMENTS AND REPORTS Commissioner Schmidt asked about a revolving electronic sign on El Camino Real (Daniel’s Mexican Restaurant) and stated that the sign at the Carlton is missing letters. 7 PC Draft Minutes of 11/15/16 Page 8 of 8 Community Development Director Dunsmore stated that staff will work with the Carlton Hotel and Daniel’s on these issues. Commissioner Anderson heard a report on sudden oak disease and inquired if Atascadero is thinking about this in terms of how we will handle tree removals in the future. Community Development Director Dunsmore indicated that he is aware of the issue and Atascadero is keeping an eye out . If we need to adjust our Ordinance because of this, we will address this issue if/when it becomes a problem. DIRECTORS REPORT Community Development Director Dunsmore stated that the next Planning Commission meeting is scheduled for December 6, 2016, and the Commission will hear a CUP for an accessory structure. Community Development Director Dunsmore stated that the Sign Handbook will be coming back to the Planning Commission with some suggested changes and amendments. We will be revisiting the Zoning Code with the passage of Prop. 64, but not in the immediate future. ADJOURNMENT – 9:56 p.m. The next regular meeting of the Planning Commission is scheduled for December 6, 2016, at 7:00 p.m. at City Hall, Council Chambers, 6500 Palma Avenue, Atascadero. MINUTES PREPARED BY: ____________________________ Annette Manier, Recording Secretary 8 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 2016-1619 / CUP 2016-0304 Residential Accessory Structure 9071 Palomar Ave (Atkinson) SUBJECT: The project is a detached accessory structure in excess of the two allowed on a residential property. RECOMMENDATION: Staff recommends the Planning Commission adopt Resolution PC 2016-A approving Conditional Use Permit (CUP) 2016-0304 allowing a 1,056 square-foot detached accessory structure in addition to the three existing detached accessory structures based on findings and subject to conditions of approval. DISCUSSION: Situation & Facts 1. Applicant & Owner: Chuck Atkinson 9071 Palomar Avenue Atascadero, CA 93422 2. Assessor’s Parcel #: APN 030-071-055 3. General Plan Designation: Single-Family Residential (SFR-Y) 4. Zoning District: Residential Single-Family (RSF-Y) 5. Site Area: 0.93 acres 6. Existing Use: Single-Family Residence 7. Environmental Status: Section 15303 Categorical Exemption: New Construction or Conversion of Small Structures ITEM NUMBER: 2 DATE: 12-6-16 9 Background The site is located on Palomar Avenue in a Residential Single-Family neighborhood. The property has an access easement along the western border for the adjacent property to the north. This easement has an existing driveway that will lead to the proposed detached accessory structure. Location and Zoning Surrounding Land Use and Setting: North: Residential Single-Family (RSF-Y) South: Residential Single-Family (RSF-X) East: Residential Single-Family (RSF-Y) Recreation (L) West: Residential Single-Family (RSF-Y) Residential Multi-Family (RMF-10) Residential Multi-Family (RMF-20) The 2,249 square-foot residence with an attached garage was constructed in 1999. In addition, there are three detached accessory structures. The largest of the three structures was permitted in 2002 and is a 500 square-foot detached garage with an attached 200 square-foot office totaling 700 square feet. The remaining two structures were constructed without permits. The first structure is a pool house approximately 180 RSF-Y RSF-X L RMF-10 RMF-20 Project Site 9071 Palomar Avenue CR CS 10 square-feet in size. The pool house contains a wet bar, a toilet, and a shower. The second structure is approximately 187 square feet in size with no plumbing, which is used for storage. Project Site Existing Cement Foundation The proposed structure is a 1,056 square-foot steel building and will be located near the north-western corner of the property. The area already has a concrete foundation that is used to park the motor home. The applicant intends to utilize the building in order to protect the motor home from the weather. Aerial Photograph Project Site 9071 Palomar Proposed location of new accessory structure Primary residence 11 ANALYSIS: Residential Accessory Use The building code requires building permits for structures in excess of 120 square feet in size. Atascadero Municipal Code (AMC) Section 9-6.106 limits residential properties to a maximum of two detached accessory structures requiring building permits. Deviation from these standards requires a minor Conditional Use Permit (CUP). Currently, the property has three accessories structures over 120 square feet. Th e additional proposed accessory structure will be 1,056 square feet. The applicant is currently working with staff to secure permits for the pool house and the storage unit, which are each over 120 square feet in size. Staff has provided a condition to require these two structures be permitted before the building permit for the proposed structure may be finaled. Pool House Bathroom The unpermitted pool house is unconditioned and approximately 180 square feet in size with a wet bar, a toilet, and a shower. This structure most closely meets the description of a studio, defined by AMC Section 9-5.020 as a residential occupancy structure less than 450 square feet in size. Studios may not have cooking or bathing facilities, or overnight stays. Pool House AMC Section 9-5.020 allows deviations from these standards at the discretion of the Planning Commission, and may be approved by the issuance of a CUP. Since the pool house is only 180 square feet of unconditioned space with no kitche n or cooking facilities, staff recommends the Planning Commission consider allowing a shower with a deed restriction that limits the use of the structure . This deed restriction would limit the structure to no cooking facilities and no overnight stays. Native Trees Aerial photographs indicate two native trees near the area of the proposed garage. One native tree was removed from the property sometime between 2013 and 2015. It was located on the southern side and within 20 feet of the proposed structure . The 12 remaining tree is a blue oak and is located on the eastern side of the proposed building. The project arborist recommends temporary tree protection fencing and re-cutting of the roots along the perimeter of the existing cement foundation for the proposed building in order to prevent growth of disease. Aerial of two native trees Remaining blue oak Septic Leach Field The 1999 building permit record for the primary residence shows the septic leach field was designed with two trenches running northwest to southeast generally from the northern property line to the landscaped area in front of the residence. Also included in the building permit record is a letter from the project civil engineer stating the septic leach field was installed as designed. City Public Works Department staff has determined the proposed structure may cover a portion of the leach field. AMC 8-6.102 requires that buildings are set back at least 8 feet from a leach field . A condition is included for the applicant to work with staff from the Public Works and Building Services Departments to address this issue by either relocating the leach field or the building. Group of palm trees positioned in front of the proposed structure 13 Neighborhood Compatibility The proposed structure will be approximately 19 feet in height with typical metal structure architecture and colors to match the main residence. The proposed accessory structure will be located at the rear of the property and will be partially hidden from the street behind a group of palm trees. The view from the nearest residence, which is located on the property to the north, will be obstructed by a similar structure recently approved to be constructed between the shared property line and the nearby residence. The property to the west has a large metal structure and the property to the south has a cluster of large, seasonal greenhouses located in the front half of the lot. The applicant intends to install solar panels on top of the roof in the future. ENVIRONMENTAL DETERMINATION: The project qualifies for a Categorical Exemption under CEQA Sec tion 15303, New Construction or Conversion of Small Structures, specifically for the construction of accessory structures including garages. FINDINGS: AMC 9-2.110 requires the Planning Commission to make at least the following six findings: 1. The proposed project or use is consistent with the General Plan; and Staff Comment: Detached accessory structures are consistent with the Single-Family Residential designation of the General Plan. Land Use, Open Space and Conservation Element Program 1.1.6 requires the size, use and appearance of accessory structures be compatible with the surrounding neighborhood. The proposed structure is less than 50% of the size of the primary residence and is largely screened with landscaping and by a soon to be constructed building. Of the existing accessory structures on the property, only the garage is fully visible from the street. The pool house and storage building are screened by fencing, vegetation and the primary residence. The neighborhood has several other properties with multiple accessory structures, some of which are more highly visible than those on the subject property. 2. The proposed project or use satisfies all applicable provisions of this title; and Staff Comment: 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 the additional accessory structure 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 14 Staff Comment: The uses of the accessory structures on the property include storage of vehicles and miscellaneous items, a home office, and recreation. These are typical uses in residential single-family neighborhoods. The proposed structure will be constructed to meet the standards of the building code. The pool house is 180 square feet in size and does not have cooking facilities. A shower makes the structure more useful as a pool house, but with a deed restriction, overnight stays are still prohibited. 4. That the proposed project or use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development; and Staff Comment: The proposed structure will be located at the rear of the property and existing structures are mostly screened. The neighborhood contains other similar accessory buildings. The proposed use of the structure is compatible with the neighborhood. 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the land use element; and Staff Comment: The addition of a residential garage will not contribute additional traffic in the neighborhood. The applicant currently parks his recreational vehicle on-site; the proposed structure will house the same vehicle. 6. That the proposed project is in compliance with any pertinent City policy or criteria adopted by ordinance or resolution of the City Council; and Staff Comment: Detached accessory structures are permitted in the residential districts. Consistent with City policy, the accessory structure may not be used as an additional residential unit. CONCLUSION: The applicant is proposing a detached accessory structure on a property that has three existing detached accessory structures over 120 square feet. The proposed design and placement of the structure is generally consistent with the character of the immediate 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. 15 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 16 ATTACHMENT 1: Site Photographs PLN 2016-1619 / CUP 2016-0304 Front of Property Primary Residence and Detached Garage Blue Oak Existing Foundation Pool House Side of Pool House Storage Unit Side of Storage Unit 17 ATTACHMENT 2: Applicant’s Statement of Justification PLN 2016-1619 / CUP 2016-0304 18 ATTACHMENT 3: Draft Resolution PC 2016-A PLN 2016-1619 / CUP 2016-0304 DRAFT RESOLUTION PC 2016-A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING CONDITIONAL USE PERMIT 2016-0304 (PLN 2016-1619) ALLOWING FOUR DETACHED ACCESSORY STRUCTURES ON A RESIDENTIAL PROPERTY 9071 PALOMAR / APN 030-071-055 (ATKINSON) WHEREAS, an application has been received from Chuck Atkinson (9071 Palomar Avenue, Atascadero, CA 93422), Applicant and Owner, to consider a Conditional Use Permit (CUP 2016-0304) to allow the construction of a 1,056 square foot detached accessory structure in addition to three (3) existing detached accessory structures on a residential property; 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, properties in the residential zoning districts are limited to two (2) detached accessory structures requiring building permits; and WHEREAS, detached accessory structures in excess of two (2) structures permitted are subject to the approval of a minor Conditional Use Permit; 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 December 6, 2016, studied and considered the Conditional Use Permit 2016-0304; and 19 NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings of Environmental Exemption. The Planning Commission finds as follows: 1. The proposed project has been found Categorically Exempt under Class 3, Section 15303, New construction or conversion of small structures, of the California Environmental Quality Act. SECTION 2. Findings for approval of Conditional Use Permit. The Planning Commission finds as follows: 1. The proposed use is consistent with the General Plan; and 2. The proposed project satisfies all applicable provisions of the Title [Zoning Ordinance], and 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and 4. That the proposed project will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and 5. That the proposed project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element; and 6. That the proposed project is in compliance with any pertinent City policy or criteria adopted by ordinance or resolution of the City Council. SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a regular session, assembled on December 6, 2016 resolved to approve Conditional Use Permit 2016-0304 subject to the following: EXHIBIT A: CEQA Exemption EXHIBIT B: Conditions of Approval EXHIBIT C: Site Plan EXHIBIT D: Floor Plan EXHIBIT E: Elevations 20 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 21 EXHIBIT A: Notice of Exemption PLN 2016-1619 / CUP 2016-0304 22 EXHIBIT B: Conditions of Approval PLN 2016-1619 / CUP 2016-0304 Conditions of Approval PLN 2016-1619 / CUP 2016-0304 9071 Palomar 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 1,056 square foot detached accessory structure at 9071 Palomar Avenue, described on the attached exhibits and located on APN 030-071-055, 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 and roof colors shall be a neutral color scheme, the same as or similar to the primary residence. FI PS 7. All utilities servicing the accessory structure shall be installed underground. BP PS, BS 8. Building height shall not exceed 20 feet. BP PS, BS 9. The proposed 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 10. The applicant shall apply for and final a building permit for the existing unpermitted pool house (studio) before the building permit for the proposed structure may be finaled. A deed restriction shall be recorded limiting the use of the structure. No cooking facilities and no overnight stays shall be permitted. The shower may be retained in the BP BS, PS 23 Conditions of Approval PLN 2016-1619 / CUP 2016-0304 9071 Palomar 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 bathroom, but no bathtub may be installed. 11. The applicant shall apply for and final a building permit for the existing unpermitted storage building before the building permit for the proposed structure may be finaled. BP BS, PS 12. Native trees within 20 feet of construction shall comply with recommendations from the Arborist Report. Ongoing PS Building Services Conditions 13. The applicant shall apply for and receive a building permit before construction of the accessory structure may begin. BP BS Public Works Department Conditions 14. A Storm Water Control Plan shall be submitted to the City, to be approved by the City Engineer. BP CE 15. 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 16. The applicant shall work with Public Works staff to address any conflict between the septic leach field and the proposed structure. BP BS, CE Fire Department Conditions 17. The detached accessory structure shall comply with all Fire Department standards and requirements including for driveway length, width, surface and slope, dry line and fire truck turnaround. BP FD 24 EXHIBIT C: Site Plan PLN 2016-1619 / CUP 2016-0304 Access easement with concrete drive Existing unpermitted structures Blue oak Location of proposed structure Permitted garage 25 EXHIBIT D: Conceptual Floor Plan PLN 2016-1619 / CUP 2016-0304 22 feet 48 feet 26 EXHIBIT E: Elevations PLN 2016-1619 / CUP 2016-0304 19’ 1” 16’ 11” 27