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HomeMy WebLinkAboutPC_2017-03-21_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, March 21, 2017 – 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 Duane Anderson Vice Chairperson Jerel Seay Commissioner Ryan Betz Commissioner Mark Dariz Commissioner Josh Donovan Commissioner Jan Wolff Commissioner Tom Zirk 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.) 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 FEBRUARY 7, 2017 City of Atascadero Planning Commission Agenda Regular Meeting, March. 21, 2017 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 PLANNING COMMISSION BUSINESS 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 2017-1622, OVERSIZED ACCESSORY STRUCTURE AT 7255 BALBOA COMMISSIONER COMMENTS AND REPORTS DIRECTOR’S REPORT Property Owner/Applicant: Jon & Amy Voorhies, 7255 Balboa, Atascadero, CA 93422 Project Title: PLN 2016-1622 / CUP 2016-0305 Project Location: 7255 Balboa, Atascadero, CA 93422 APN 050-141-008 (San Luis Obispo County) Project Description: The applicant proposes to construct a 1,650 square-foot oversized accessory structure attached to an existing accessory dwelling unit, which will be expanded to 778 square feet in size. The project will be constructed on an existing flat area; approximately 30 cubic yards of grading and no tree removals are proposed. General Plan Designation: RE Zoning District: RS Proposed Environmental Determination: The project is categorically exempt from the California Environmental Quality Act (Section 15303, CEQA Guidelines). City Staff: Katie Banister, Assistant Planner, kbanister@atascadero.org, Phone: 470-3480 Staff Recommendation: Staff recommends the Planning Commission adopt PC Resolution 2017-A approving the construction of a 1,650 square-foot accessory structure, based on findings and subject to conditions. City of Atascadero Planning Commission Agenda Regular Meeting, March. 21, 2017 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 ADJOURNMENT The next regular meeting will be on April 4, 2017 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, March. 21, 2017 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 sessi on 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 a nd available for review in the Community Development Department. Commission meetings are audio recorded, and may be reviewed by the public. Copies of meeting recordings are available for a fee. Contact the City Clerk for more information (470-3400). In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager’s Office or the City Clerk’s Office, both at (805) 470-3400. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, “PUBLIC COMMENT”, the Chairperson will call for anyone from the audience having business with the Commission to approach the lectern and be recognized. 1. Give your name for the record (not required) 2. State the nature of your business. 3. All comments are limited to 3 minutes. 4. All comments should be made to the Chairperson and Commission. 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present. This is when items not on the Agenda may be brought to the Commission’s attention. A maximum of 30 minutes will be allowed for Public Comment Portion (unless changed by the Commission). TO SPEAK ON AGENDA ITEMS (from Title 2, Chapter 1 of the Atascadero Municipal Code) Members of the audience may speak on any item on the agenda. The Chairperson will identify the subject, staff will give their report, and the Commission will ask questions of staff. The Chairperson will announce when the public comment period is open and will request anyone interested to address the 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 2/7/17 Page 1 of 6 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting – Tuesday, February 7, 2017 – 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 7:02 p.m. and Commissioner Dariz led the Pledge of Allegiance. ROLL CALL Present: Commissioners Bentz, Dariz, Seay, and Chairperson Wolff Absent: Vice Chairperson Anderson (excused) Commissioner Schmidt (unexcused) Others Present: Recording Secretary, Annette Manier Staff Present: Community Development Director, Phil Dunsmore Associate Planner, Alfredo Castillo Assistant Planner, Katie Banister APPROVAL OF AGENDA MOTION: By Commissioner Bentz and seconded by Commissioner Dariz to approve the Agenda. Motion passed 4:0 by a roll-call vote. PUBLIC COMMENT None Chairperson Wolff closed the Public Comment period. ITEM NUMBER: 1 DATE: 3-21-17 1 PC Draft Minutes of 2/7/17 Page 2 of 6 CONSENT CALENDAR 1. APPROVAL OF DRAFT MINUTES OF DECEMBER 6, 2016 MOTION: By Commissioner Bentz and seconded by Commissioner Dariz to approve the consent calendar. Motion passed 4:0 by a roll-call vote. PLANNING COMMISSION BUSINESS OATHS OF OFFICE: A. Administration of Oaths of Office Lara Christensen, Deputy City Manager/Assistant City Clerk, administered the Oath of Office to new Planning Commissioners Ryan Betz, Josh Donovan, and Tom Zirk. New Commission members took their seats at the dais. PRESENTATION: B. Recognition of outgoing Planning Commission members David Bentz and Dennis Schmidt. Chairperson Wolff thanked Commissioner Bentz and Commissioner Schmidt (in his absence) for their many years of service to the City of Atascadero. Community Development Director also thanked Commissioner Bentz for his many contributions. Commissioner Bentz thanked everyone for their support, and expressed how proud he is of this particular City staff and fellow Commission members. He wished the new Commissioners good luck. PLANNING COMMISSION REORGANIZATION: C. Election of Chairperson and Vice Chairperson The Commission will select a Chairperson and Vice Chairperson. Chairperson Wolff accepted nominations for Chairperson. MOTION: By Chairperson Wolff and seconded by Commissioner Dariz to nominate Vice Chairperson Anderson as Chairperson. Chairperson Wolff spoke to Vice Chairperson Anderson on the phone and he agreed to accept the nomination if elected. Motion passed 6:0 by a roll-call vote. 2 PC Draft Minutes of 2/7/17 Page 3 of 6 Chairperson Wolff accepted nominations for Vice Chairperson. MOTION: By Commissioner Dariz and seconded by Chairperson Wolff to nominate Commissioner Seay as Vice Chairperson. Commissioner Seay accepted the nomination. Motion passed 6:0 by a roll-call vote. Vice Chairperson Seay was seated as Chairperson and agreed to run the meeting in the absence of the Chairperson. AMENDMENT TO ORDER OF APPROVED OF AGENDA Staff suggested that the Commission consider moving Item 3 (Housing) to Item 4 and to hear Item 4 (Sign Ordinance Updates) as Item 3. The Commission agreed by unanimous voice vote. COMMUNITY DEVELOPMENT STAFF REPORTS 2. PLN 2016-1624, TREE REMOVAL PERMIT FOR 7710 BALBOA ROAD EX PARTE COMMUNICATIONS: None Assistant Planner Banister gave the staff report and answered questions from the Commission. PUBLIC COMMENT The following people spoke: Anthony Graves and Roger Lovegren. Mr. Graves answered questions from the Commission. Vice Chairperson Seay closed the public comment period. Property Owner: Anthony & Elizabeth Graves, 7700 Balboa Rd., Atascadero, CA 93422 Certified Arborist: Whit’s Turn Tree Care, PO Box 1784, Templeton, CA 93465 Project Title: PLN 2016-1624 / TRP 2016-0210 Project Location: 7710 Balboa Road, Atascadero, CA 93422 APN 050-051-031 (San Luis Obispo County) Project Description: The applicant proposes a secondary dwelling unit using cylindrical pier footings to minimize grading and ground disturbance. The residence will be constructed about 2 feet from the base of a 24-inch valley oak tree, which the project arborist has determined will be damaged. The applicant requests a tree removal permit for the tree. General Plan Designation: Rural 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 2017-A approving Tree Removal Permit 2016- 0210. 3 PC Draft Minutes of 2/7/17 Page 4 of 6 MOTION: By Commissioner Dariz and seconded by Commissioner Donovan that the Planning Commission adopt PC Resolution 2017-A to allow the removal of one (1) 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 th e Commission will discuss the item and take appropriate action(s).) 3. PLN 2016-1608, SIGN ORDINANCE UPDATES (PREVIOUSLY LISTED AS ITEM 4 ON PUBLISHED AGENDA) EX PARTE COMMUNICATIONS: None Community Development Director Dunsmore and Associate Planner Castillo gave the staff report and answered questions from the Commission. 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 minor amendments to the Title 9, 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: Staff recommends that the Planning Commission adopt PC Resolution 2017-A recommending that the City Council introduce an Ordinance for first reading, by title only, to approve PLN 2016-1608 based on findings. 4 PC Draft Minutes of 2/7/17 Page 5 of 6 It was noted that the following corrections need to be made on the staff report: On Page119, 9-15.005 the (1) should be a (c). On Page 123, Item 7, Special Requirements should state “Refer to section 9-15.009 (not 9-15.010 as published). PUBLIC COMMENT None Vice Chairperson Seay closed the Public Comment period. MOTION: By Commissioner Wolff and seconded by Commissioner Zirk that the Planning Commission adopt PC Resolution 2017-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. 4. PLN 2006-1133 ANNUAL GENERAL PLAN / HOUSING REPORT (PREVIOUSLY LISTED AS ITEM 3 ON PUBLISHED AGENDA) The State of California requires all cities to file an Annual General Plan / Housing Report to the Department of Housing and Community Development (HCD) and the State Department of Office Planning and Research (OPR). The purpose of the Report is to monitor the implementation of the City’s General Plan Housing Element and progress toward meeting the City’s Regional Housing Needs Allocation (RHNA), as well as review the General Plan to ensure the City is meeting the goals and objectives established by the Plan. EX PARTE COMMUNICATIONS: None Community Development Director Dunsmore gave a brief introduction on the item , and Associate Planner Castillo gave the staff report. Associate Planner Castillo and Community Development Director Dunsmore answered questions from the Commission. This item is scheduled to go to City Council on March 28th. PUBLIC COMMENT None The Commissioners received and filed this report. COMMISSIONER COMMENTS AND REPORTS Commissioners would like flyers on Proposition 64 distributed to them to pass out at service clubs and to make them more available to the public. 5 PC Draft Minutes of 2/7/17 Page 6 of 6 DIRECTOR’S REPORT Community Development Director gave an update on the Eagle Ranch Specific Plan and stated that the Draft EIR will be available for review on Feb. 15, 2017. A public hearing process will follow. Community Development Director gave an update on Proposition 64 and upcoming public outreach open house meetings. Community Development Director Dunsmore stated that the next Planning Commission meeting is scheduled for February 21, 2017, however, because there are no items scheduled at this time, the meeting may be cancelled. Community Development Director Dunsmore gave an update on the hotel near Walmart’s property. This item will come before the Planning Commission for a height exception. ADJOURNMENT – 8:55 p.m. The next regular meeting of the Planning Commission is scheduled for February 21, 2017, at 7:00 p.m. at City Hall, Council Chambers, 6500 Palma Avenue, Atascadero. MINUTES PREPARED BY: ____________________________ Annette Manier, Recording Secretary Administrative Assistant \\cityhall\cdvlpmnt\~ planning commission\pc minutes\pc minutes 2017\draft minutes 2 7 2017.am.docx 6 Atascadero Planning Commission Staff Report - Community Development Department Katie Banister, Assistant Planner, 470-3480, kbanister@atascadero.org PLN 2016-1622 / CUP 2016-0305 Oversized Accessory Structure 7255 Balboa Road (Voorhies) SUBJECT: The proposed project consists of an accessory structure that exceeds fifty percent (50%) of the gross floor area of the primary residence in the Residential Suburban (RS) zoning district. RECOMMENDATION: Staff recommends the Planning Commission (PC) adopt Resolution PC 2017-A approving Conditional Use Permit (CUP) 2017-0305 allowing a 1,650 square-foot garage attached to a second residential unit based on findings and subject to conditions of approval. DISCUSSION: Situation & Facts 1. Applicant & Owner: Jon and Amy Voorhies, 7255 Balboa Road Atascadero, CA 93422 2. Project Address: 7255 Balboa Road, Atascadero, CA 93422 APN 050-141-008 3. General Plan Designation: Rural Estates (RE) 4. Zoning District: Residential Suburban (RS) 5. Site Area: 3.49 acres 6. Existing Use: Single-family residence and second residential unit 7. Environmental Status: Section 15303 Categorical Exemption: New Construction or Conversion of Small Structures ITEM NUMBER: 2 DATE: 3-21-17 7 ITEM NUMBER: 2 DATE: 3-21-17 Background The site is located at the intersection of Balboa and Ardilla Roads approximately one half mile west of Monterey Road Elementary School within a single-family residential neighborhood. The property is narrow and very deep (161 feet wide and 1,168 feet deep), approximately 3.5 acres in size. Location and Zoning Surrounding Land Use and Setting North: Residential Suburban (RS) South: Residential Suburban (RS) East: Residential Suburban (RS) West: Residential Suburban (RS) The existing primary residence is 1,490 square feet in size, constructed in 1973. The existing secondary residence is 400 square feet, and was issued an “as built” Project Site 7255 Balboa Road RS Monterey Road Elementary School RSF-Y CR 8 ITEM NUMBER: 2 DATE: 3-21-17 construction permit in 2007. An unpermitted pole barn demolished in 2008 was in approximately the same footprint as the proposed structure. Two small storage buildings and a carport are currently located in this same space. The applicant also stores a seatrain cargo container adjacent to his property on the neighboring property to the west. Existing storage buildings and carport Existing cargo container Aerial Photograph Proposed is a 2,028 square-foot addition to the second residence, which would replace these accessory structures and the cargo container. The addition would consist of 378 Full extent of the property Primary residence Secondary residence Storage buildings Retaining wall Cargo container 9 ITEM NUMBER: 2 DATE: 3-21-17 square feet of habitable space (adding a bedroom to the current studi o floor plan), and 1,650 square feet of garage/workshop space. ANALYSIS: Residential Accessory Use Atascadero Municipal Code (AMC) Section 9-5.060(f) allows residential second units to include 500 square feet of attached unconditioned space (i.e. garage or workshop). Unconditioned space in excess of 500 square feet is considered accessory to the primary residence. Community Development Department Policy 2004-0016 establishes the method used by staff to calculate the size of an accessory structure attached to the second unit, but accessory to the primary unit. It states the size of the accessory structure shall be determined by subtracting “the living area of the second unit . . . from the total building square footage and the resulting size shall be treated as an accessory structure.” AMC 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). Accessory dwelling units may be up to 1,200 square feet in size (AMC 9- 5.060(a)). With a 1,490 square-foot primary residence, accessory structures on this property are limited to a maximum of 745 square feet. The unconditioned portion of the proposed structure is 1,650 square feet, or 110 percent of the primary structure. Home Occupation Business The applicant operates a contract construction services business as a home occupation from the site. This type of business is permitted when it does not involve employees reporting to the site, or include the outdoor storage of materials or equipment. Th e applicant drives a large passenger-vehicle sized truck for his business and does not store large construction equipment on-site. Currently some equipment associated with the business is stored in a cargo container located below the house, closer to Balb oa Road. Cargo container AMC 9-6.103(g) requires building permits for cargo containers. To receive the permit, the container must be approved by the Design Review Committee for neighborhood compatibility, be placed on an approved foundation , and be located in the rear half of the property. The applicant’s cargo container does not meet these standards. His intention is to remove it when the proposed structure is completed. Staff has provided a condition the cargo container be removed before the building permit can be finaled. Native Trees Several native trees are located in proximity to the structure. The closest is a 24-inch live oak tree. While the trunk of this tree is only 13 horizontal feet from the proposed 10 ITEM NUMBER: 2 DATE: 3-21-17 garage, the base of the tree is about 15 feet higher up the slope and separated by an existing steep cut and a 3-foot-tall retaining wall. The roots of this tree have adapted to the site and are unlikely to be significantly impacted by the proposed structure. No tree removals are proposed for the project. Twenty-four inch live oak tree above future structure Neighborhood Compatibility The surrounding neighborhood consists of large-lot single-family residences. The topography is generally rolling hills with some open grassy areas and other areas with significant tree cover. The property is strongly to steeply sloping and heavily wooded. Neighboring properties typically have larger homes and a suburban appearance. East on Balboa, properties have a more rural appearance with more barns and other detached accessory structures. 11 ITEM NUMBER: 2 DATE: 3-21-17 View of the residence from Balboa Road View of the residence from Ardilla Road The proposed structure would be approximately 300 feet from both Ardilla and Balboa Roads. From the street it will be partially obscured by existing trees. In addition, the applicant has planted trees near bottom of the property which will eventually screen the structure more fully. Primary residence Accessory dwelling unit General area of proposed addition (behind tree) Accessory dwelling unit General area of proposed addition (behind tree) 12 ITEM NUMBER: 2 DATE: 3-21-17 The structure is proposed to have a residential appearance, using materials consistent with the materials of the existing structures. It will reduce the amount of outdoor storage and eliminate the need for the cargo container used by the applicant. 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. RECOMMENDATION: Staff recommends the Planning Commission adopt PC Resolution 2017-A approving Conditional Use Permit 2016-0305 to allow the construction of a 1,650 square-foot accessory structure attached to an existing accessory dwelling unit in the Residential Suburban zoning district, based on findings and subject to conditions. 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 2017-A 13 ITEM NUMBER: 2 DATE: 3-21-17 ATTACHMENT 1: Site Photographs PLN 2016-1622 / CUP 2016-0305 View looking east toward existing accessory dwelling unit. The circle indicates the general area where the accessory structure will located. Existing storage sheds and slope cut Existing slope cut behind accessory dwelling unit 14 ITEM NUMBER: 2 DATE: 3-21-17 ATTACHMENT 2: Draft Resolution PC 2017-A PLN 2016-1622 / CUP 2016-0301 DRAFT RESOLUTION PC 2017-A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING CONDITIONAL USE PERMIT 2016-0305 (PLN 2016-1622) ALLOWING A DETACHED ACCESSORY STRUCTURE WHICH EXCEEDS FIFTY PERCENT OF THE SIZE OF THE PRIMARY RESIDENCE 7255 BALBOA / APN 050-141-008 (VOORHIES) WHEREAS, an application has been received from Jon and Amy Voorhies (7255 Balboa Road, Atascadero, CA 93422), Applicant and Owner, to consider a Conditional Use Permit (CUP 2016-0305) to allow a 1,650 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 Rural Estates (RE); and WHEREAS, the site’s zoning is Residential Suburban (RS); and WHEREAS, the site contains a 1,490 square-foot primary residence and 400 square-foot accessory dwelling unit; and WHEREAS, the applicant proposes to construct a 378 square-foot addition of habitable space to the accessory dwelling unit; and WHEREAS, the applicant proposes to construct a 1,650 square-foot accessory structure attached to the accessory dwelling unit but accessory to the primary residence; and WHEREAS, the proposed accessory structure is 111% the size of the primary residence; and WHEREAS, the proposed project qualifies for a Categorical Exemption consistent with CEQA Guidelines 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 15 ITEM NUMBER: 2 DATE: 3-21-17 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 March 21, 2017, studied and considered the Conditional Use Permit 2016-0305; 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: 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 Garage structures are consistent with the Rural Estates 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 applicant proposes to store personal vehicles as well as equipment associated with his home occupation business in the structure. 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 16 ITEM NUMBER: 2 DATE: 3-21-17 color. The structure will allow the applicant to eliminate the use of a cargo container and to store personal vehicles indoors. It will generally improve the appearance of the property. 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 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 March 21, 2017 resolved to approve Conditional Use Permit 2016-0305 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: 17 ITEM NUMBER: 2 DATE: 3-21-17 CITY OF ATASCADERO, CA ______________________________ Duane Anderson Planning Commission Chairperson Attest: ______________________________ Phil Dunsmore Planning Commission Secretary 18 ITEM NUMBER: 2 DATE: 3-21-17 EXHIBIT A: Notice of Exemption PLN 2016-1622 / CUP 2016-0305 19 ITEM NUMBER: 2 DATE: 3-21-17 EXHIBIT B: Conditions of Approval PLN 2016-1622 / CUP 2016-0305 Conditions of Approval PLN 2016-1622 / CUP 2016-0305 7255 Balboa Road 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 1,650 square-foot accessory structure attached to the accessory dwelling unit with the address 7265 Balboa Road described on the attached exhibits and located on APN 050-141-008, 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 and material shall match the existing residence. FI PS 7. The garage/workshop space shown on Exhibit C shall not have a kitchen or any other cooking facilities. Ongoing PS / BS 8. The garage/workshop space shown on Exhibit C may have a bathroom with sink, toilet and utility shower only. If such a bathroom is included, a deed restriction shall be recorded to limit the use of the garage/workshop to non-residential purposes. BP PS 9. The cargo container located on APN 050-141-004, which is used by the applicant for storage, shall be removed unless brought into compliance with the Atascadero Municipal Code and California Building Code. FI PS Building Services Conditions 20 ITEM NUMBER: 2 DATE: 3-21-17 Conditions of Approval PLN 2016-1622 / CUP 2016-0305 7255 Balboa Road 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 10. A building permit is required before construction of the accessory structure shall begin. BP BS Public Works Department Conditions 11. A storm water control plan shall be submitted to the City, to be approved by the City Engineer. BP CE Fire Department Conditions 12. A fire truck accessible parking space shall be provided. The space shall have minimum dimensions of 12 feet of width and 40 feet of length. The space shall have minimum vertical clearance of 13 feet and 6 inches, and maximum slope of 5 percent in all directions. FD BP 21 ITEM NUMBER: 2 DATE: 3-21-17 EXHIBIT C: Site Plan PLN 2016-1622 / CUP 2016-0305 Existing primary residence Existing accessory dwelling unit Proposed bedroom addition Proposed garage / workshop addition Asphalt driveway Proposed fire truck parking area 22 ITEM NUMBER: 2 DATE: 3-21-17 EXHIBIT D: Floor Plan PLN 2016-1622 / CUP 2016-0305 Existing Studio Proposed bedroom addition Proposed garage / workshop 23 ITEM NUMBER: 2 DATE: 3-21-17 EXHIBIT E: Elevations PLN 2016-1622 / CUP 2016-0305 24