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HomeMy WebLinkAboutPC_2017-05-02_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 SPECIAL MEETING Tuesday, May 2, 2017 6:00 P.M. (note time change) 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 MINUTES OF PLANNING COMMISSION MEETING ON APRIL 18, 2017 City of Atascadero Planning Commission Agenda Special Meeting, MAY 2, 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, Con ditional 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 p ublic 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 2017-1631, CONDITIONAL USE PERMIT FOR 6955 BALBOA ROAD Property Owner/Applicant: Mitch Stafford, 6955 Balboa Road, Atascadero, CA 93422 Project Title: PLN 2017-1631 / CUP 2017-0307 Project Location: 6955 Balboa Road, Atascadero, CA 93422 APN 050-071-012 (San Luis Obispo County) Project Description: The project is an addition to a garage currently under construction, which would result in an accessory structure larger than 50% of the size of the primary residence (oversized accessory structure). The applicant also requests an exception to allow a total of 3 accessory structures to remain on the property, whereas the Municipal Code limits residential properties to two accessory structures. General Plan Designation: RE Zoning District: RS 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 including a ccessory structures such as garages (Section 15303). City Staff: Katie Banister, Assistant Planner, kbanister@atascadero.org, Phone: 470-3480 Staff Recommendation: The Planning Commission adopt PC Resolution 2017-A approving CUP 2017-0307 approving the project with conditions. City of Atascadero Planning Commission Agenda Special Meeting, MAY 2, 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 COMMISSIONER COMMENTS AND REPORTS DIRECTOR’S REPORT ADJOURNMENT The next Special regular meeting will be on May 16, 2017, at 6:00 p.m. 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 Special Meeting, MAY 2, 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 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. 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 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 Community 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 4/18/17 Page 1 of 5 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Special Meeting – Tuesday, April 18, 2017 – 6:00 P.M. City Hall Council Chambers 6500 Palma Avenue, Atascadero, California CALL TO ORDER - 6:00 p.m. Chairperson Anderson called the meeting to order at 6:00 p.m. and Commissioner Donovan led the Pledge of Allegiance. ROLL CALL Present: Commissioners Donovan, Wolff, Zirk, Vice Chairperson Seay, and Chairperson Anderson Absent: Commissioner Betz (excused absence) Commissioner Dariz (excused absence) Others Present: Recording Secretary, Annette Manier Staff Present: Community Development Director, Phil Dunsmore Assistant Planner, Katie Banister APPROVAL OF AGENDA MOTION: By Vice Chairperson Seay and seconded by Commissioner Wolff to approve the Agenda. Motion passed 5:0 by a roll-call vote. PUBLIC COMMENT None Chairperson Anderson closed the Public Comment period. CONSENT CALENDAR 1. APPROVAL OF DRAFT MINUTES OF PLANNING COMMISSION MEETING ON MARCH 21, 2017 ITEM NUMBER: 1 DATE: 5-2-17 1 PC Draft Minutes of 4/18/17 Page 2 of 5 2. APPROVAL OF DRAFT MINUTES OF SPECIAL JOINT CITY COUNCIL AND PLANNING COMMISSION MEETING ON MARCH 30, 2017. 3. APPROVAL OF TIME EXTENSION FOR 4705-4713 EL CAMINO REAL, TENTATIVE TRACT MAP (ACACIAS GROUP) MOTION: By Commissioner Wolff and seconded by Commissioner Donovan to approve the consent calendar. Motion passed 5:0 by a roll-call vote. PLANNING COMMISSION BUSINESS None COMMUNITY DEVELOPMENT STAFF REPORTS 4. PLN 2017-1629, TREE REMOVAL PERMIT FOR 6910 LOMITAS Assistant Planner Banister gave the Staff Report and stated that there is a correction in the published staff report in that tree #10 also needs to be removed. The Staff Report should state that three (3) trees will be removed, instead of two (2). Assistant Planner Banister answered questions from the Commission. Property Owner/Applicant: Ryan Swift, 2050 “B” Traffic Way, Atascadero, CA 93422 Certified Arborist: A&T Arborists, PO Box 1311, Templeton, CA 93465 Project Title: PLN 2017-1629 / TRP 2017-0211 Project Location: 6910 Lomitas, Atascadero, CA 93422 APN 050-341-006 (San Luis Obispo County) Project Description: The project consists of a request to remove two (2) valley oak trees totaling 46 inches in diameter for the construction of a proposed single-family residence and grading for future residence (building permit BLD 2016-14375). General Plan Designation: Rural Estates (RE) Zoning District: Residential Suburban (RS) Proposed Environmental Determination: The City of Atascadero prepared an Initial Study to determine if the proposed project would have a significant adverse effect on the environment. The Initial Study found that with mitigations, no significant adverse impact to the environment is expected. Consequently, Mitigated Negative Declaration 2017-0002 was prepared for the Project. The public review period for the project runs through April 20, 2017. Interested parties may send comments to the City staff listed below by this date. 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 2017-0211. 2 PC Draft Minutes of 4/18/17 Page 3 of 5 EX PARTE COMMUNICATIONS: Commissioner Donovan stated he knows the applicant, but they have not spoken about the project. Chairperson Anderson drove to the site and walked the site. PUBLIC COMMENT None Chairperson Anderson closed the Public Comment period. MOTION: By Commissioner Donovan and seconded by Commissioner Wolff to adopt PC Resolution 2017-A to allow the removal of three (3) native trees, totaling 58” DBH at 6910 Lomitas Road, based on findings and subject to mitigation. This includes amending Condition of Approval #3 to include tree #10, and amending Exhibit B, which changes the mitigation to either plant seventeen (17) 5-gallon trees or pay $866.67. Motion passed 5:0 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 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).) 5. PLN 2016-1621, CONDITIONAL USE PERMIT FOR WOODS HUMANE SOCIETY AT 2300 RAMONA ROAD Property Owner: North County Humane Society, Action for Animal Rights, 2300 Ramona Road, Atascadero, CA 93422 Project Title: PLN 2016-1621 / CUP 2017-0309 Applicant: Woods Humane Society, 875 Oklahoma Ave., San Luis Obispo, CA 93401 Project Location: 2300 Ramona Road, Atascadero, CA 93422 (San Luis Obispo County) APN 049-141-043 3 PC Draft Minutes of 4/18/17 Page 4 of 5 Assistant Planner Banister presented the staff report, and stated that the Design Review Committee (DRC) reviewed this project on March 29, 2017. Assistant Planner Banister reviewed the DRC’s recommendations. EX PARTE COMMUNICATIONS: Commissioner Anderson stated that he is on the DRC and reviewed this project on March 29, 2017. Assistant Planner Banister and Community Development Director Dunsmore answered questions from the Commission. PUBLIC COMMENT The following members of the public spoke during Public Comment: Louisa Smith and Jill Tucker. Louisa Smith gave a brief statement on the project, and stated this is a temporary location. She stated that they are looking for a permanent location to build a full service campus in the North County. Ms. Smith answered questions in regards to drainage, dog adoptions, adoption outreach, dogs needing additional care beyond the surgery day, and the future potential removal of the geodesic dome. Ms. Smith asked the Commission to consider entertaining anything to lower cost, especially eliminating the dog-eared fence and the two wings on the fence. Chairperson Anderson closed the Public Comment period. MOTION: By Commissioner Zirk and seconded by Commissioner Seay that the Planning Commission adopt PC Resolution 2017-A, approving an amendment to CUP 2002-0056 to permit an animal hospital use at 2300 Ramona Road with the elimination of Condition 16 (requiring fencing) contingent Project Description: The applicant proposes to construct a modular office building to house a spay and neuter clinic for both cats and dogs. The Design Review Committee reviewed the appearance of the new structure and proposed site improvements including: paved driveways and parking area, storage shed, landscaping, signage, and screening at the rear of the property at their meeting on March 29, 2017. General Plan Designation: Public Zoning District: Public 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 construction of offices less than 2,500 square feet in floor area. City Staff: Katie Banister, Assistant Planner, kbanister@atascadero.org, Phone: 470-3480 Staff Recommendation: Staff recommends the Planning Commission adopt Resolution PC 2017 -A approving an amendment to Conditional Use Permit 2002-0056 to allow an animal hospital and modify standards for parking, landscaping, screening, and signage, based on findings and subject to conditions. 4 PC Draft Minutes of 4/18/17 Page 5 of 5 upon cleaning up the back portion of the property, and altering Condition 15 so that the fencing surrounding the garbage enclosure is not prohibited from using dog- eared fence boards, and based on findings and subject to conditions. Motion passed 5:0 by a roll-call vote. COMMISSIONER COMMENTS AND REPORTS None DIRECTOR’S REPORT Community Development Director Dunsmore gave an update on the extension of the public comment period for Eagle Ranch, and plans for removal of the deodar cedar tree in Sunken Gardens. Community Development Director Dunsmore talked about the Special Meeting time of 6:00 p.m. and asked the Commission if they want to continue to meet at 6:00 p.m. in the future. If the Commission decides to change it permanently, it will require an Amendment to the Municipal Code, and will have to remain as that time in the Municipal Code. Commissioners were in favor of continuing to meet at 6:00 p.m. on an interim basis and would like to wait for a couple more hearings before making a final decision on the time change. Community Development Director Dunsmore stated that the next Planning Commission meeting is scheduled for May 2, 2017, and on that agenda is an oversize accessory structure. ADJOURNMENT – 6:53 p.m. The next Special Regular meeting of the Planning Commission is scheduled for May 2, 2017, at 6:00 p.m. at City Hall, Council Chambers, 6500 Palma Avenue, Atascadero. MINUTES PREPARED BY: ____________________________ Annette Manier, Recording Secretary Administrative Assistant 5 Atascadero Planning Commission Staff Report - Community Development Department Young Choi, Planning Intern, 470-3466, ychoi@atascadero.org Katie Banister, Assistant Planner, 470-3480, kbanister@atascadero.org PLN 2017-1631 / CUP 2017-0307 Residential Accessory Structures 6955 Balboa Road (Stafford) SUBJECT: The review of an exception to allow an oversized accessory structure, and more than two detached accessory structures on a residential property. RECOMMENDATION: Staff recommends the Planning Commission adopt Resolution PC 2017-A approving Conditional Use Permit (CUP) 2017-0307 allowing a 1,406 square-foot detached accessory structure in addition to two (2) existing detached accessory structures based on findings and subject to conditions of approval. DISCUSSION: Situation & Facts 1. Applicant & Owner: Mitch Stafford 6955 Balboa Road Atascadero, CA 93422 2. Assessor’s Parcel #: APN 050-071-012 3. General Plan Designation: Rural Estates (RE) 4. Zoning District: Rural Suburban (RS) 5. Site Area: 5.33 acres 6. Existing Use: Single-Family Residence ITEM NUMBER: 2 DATE: 5-2-17 6 7. Environmental Status: Class 3 Categorical Exemption: New Construction or Conversion of Small Structures including accessory structures (CEQA Guidelines Section 15303) Background The site is located at the intersection of Balboa and Graves Creek Road s. The Graves Creek Reservation is located across Graves Creek Road from the property. The property is within the Residential Suburban Zoning District. The site takes access from both Graves Creek Road and Balboa Road. Tentative Parcel Map (TPM) 2010-0096 was approved in 2010 to divide the existing lot into two (2) separate lots, but the subdivision process was not completed. TPM 2010- 0096 expired on May 4, 2012. Location and Zoning Surrounding Land Use and Setting: North: Rural Suburban (RS) South: Rural Suburban (RS) East: Open Space (OS); Graves Creek Agriculture (A) West: Rural Suburban (RS) P OS RS Project Site 6955 Balboa Road A 7 ANALYSIS: A total of seven structures are located on the property:  A 1,777 square-foot primary residence constructed in 1976.  A 1,200 square-foot secondary dwelling unit constructed in 2013.  A 625 square-foot metal building constructed without building permits  A 720 square-foot barn constructed without building permits.  A less than 120 square-feet in size horse shelter (no building permit required).  A small chicken coop (no building permit required).  An 888 square-foot workshop and garage under construction. The building permit was issued in May of 2016. This structure is near completion. A condition of the permit is to remove at least one of the unpermitted structures. Accessory Structures Residential Accessory Use The Building Code requires building permits for structures in excess of 120 square feet in size. Atascadero Municipal Code (AMC) 9 -6.106 limits residential properties to a maximum of two detached accessory structures requiring building permits. AMC 9 - 6.106 also limits the gross floor area of a detached accessory structure to 50% of the size of the primary residence. Deviation from these standards requires a minor Conditional Use Permit (CUP). Unpermitted metal building Structure to be expanded Unpermitted barn 8 Aerial Photograph Currently, the property has three accessory structures over 120 square feet in size. The applicant requests a Conditional Use Permit to allow all three structures to remain on site. In addition, the applicant proposes adding a 518 square-foot shed roof to the southern side of the to the 888 square foot garage structure under construction (total of 1,406 square feet). The primary residence on the property is 1,777 square feet. The addition to the garage would result in a structure 79% of the size of the primary residence. The applicant is currently working with staff to secure building permits for the unpermitted metal building and the barn. Staff has provided a condition to require these two structures be permitted before the building permit for the proposed structure may be finaled. Neighborhood Compatibility The proposed structure resembles a traditional agricultural barn, in keeping with the character of the neighborhood. It will be approximately 25 feet in height with wood siding. The structure is located near the rear of the property, but relatively close to Balboa Road. It is visible from both Graves Creek and Balboa Roads. The existing barn is similarly agricultural in appearance with a lower height profile. The metal building is the not the most architecturally interesting structure, but is in good repair and Project Site 6955 Balboa Rd. Workshop to be expanded Primary residence Secondary residence Barn Metal building 9 not overly large. Neighboring properties also have accessory st ructures, some of which are large in size. The property contains a large number of structures. The Planning Commission is being asked to permit more accessory structures than is typically allowed on a single -family residential property, but should take into account the fact that the parcel is relatively large in size. The average residential lot size within 1,500 feet of the property is about 2.75 acres, whereas the subject parcel is over 5 acres in size. The structures do not appear as crowded on this lot as they would on a smaller property. ENVIRONMENTAL DETERMINATION: The project qualifies for a Class 3 Categorical Exemption (CEQA Guidelines Section 15303, New Construction or Conversion of Small Structures, specifically for the construction of accessory structures including garages). CONCLUSION: The applicant is proposing an oversized detached accessory structure on a property that has two existing unpermitted detached accessory structures over 120 square feet in size. The proposed design and placement of the proposed 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. 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 2017-A 10 ATTACHMENT 1: Site Photographs PLN 2017-1631 / CUP 2017-0307 Neighboring Properties To the north To the northeast 11 View of the property from Graves Creek Road View of the property from Balboa Road 12 Metal Building Barn 13 Second Residence Additional Structures on the property (less than 120 square feet in size) 14 Proposed Accessory Structure (under construction) Proposed Accessory Structure (under construction) Shed roof would cover slab to the left of the building (south) 15 ATTACHMENT 2: Applicant’s Statement of Justification PLN 2017-1631 / CUP 2017-0307 16 ATTACHMENT 3: Draft Resolution PC 2017-A PLN 2017-1631 / CUP 2017-0307 DRAFT RESOLUTION PC 2017-A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING CONDITIONAL USE PERMIT 2017-0307 (PLN 2017-1631) ALLOWING THREE DETACHED ACCESSORY STRUCTURES, ONE OF WHICH IS OVERSIZED 6955 Balboa Road (Stafford) WHEREAS, an application has been received from Mitch Stafford (6955 Balboa Road, Atascadero, CA 93422), Applicant and Owner, to consider a Conditional Use Permit (CUP 2017- 0307) to allow the construction of a 1,406 square foot detached accessory structure in addition to two (2) existing, unpermitted detached accessory structures on a residential property; and WHEREAS, the site’s General Plan designation is Rural Estates (RE); and WHEREAS, the site’s zoning is Rural Suburban (RS); 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, detached accessory structures in excess fifty-percent (50%) of primary residence are subject to the approval of a minor Conditional Use Permit; and WHEREAS, the proposed project qualifies for an 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 Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Conditional Use Permit; and 17 WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on May 2, 2017, studied and considered the Conditional Use Permit 2017- 0307; 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 is Categorically Exempt (Class 3) from the provisions of the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., “CEQA”) and CEQA Guidelines (Title 14 California Code of Regulations §§ 15000, et seq.) CEQA pursuant to CEQA Guidelines Section 15303, for new construction of small structures including accessory structures. A notice of determination is included as Exhibit A. SECTION 2. Findings for approval of Conditional Use Permit. The Planning Commission finds as follows: 1. The proposed project or use is consistent with the General Plan; and Fact: detached accessory structures are consistent with the Rural Estates land use 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 in the residential zoning districts to be compatible with the surrounding neighborhood. Two of the proposed structures have an agricultural appearance in keeping with the area; the third is a relatively small metal building. Similar structures are found in the neighborhood. While the proposed structure is over 50% of the size of the primary residence, it will serve a residential use, including vehicle storage and a workshop. 2. The proposed project or use satisfies all applicable provisions of this title; and Fact: 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 size and quantity of accessory structures 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 18 Fact: the uses of the accessory structures on the property include storage of vehicles and miscellaneous items, and a workshop. These are typical uses in residential single-family neighborhoods. The proposed structure will be constructed to meet the standards of the building code. 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 Fact: The proposed structure will be located at the rear of the property. 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 Fact: The addition of a residential garage will not contribute additional traffic in the neighborhood. The use of the structure will be similar to uses currently occurring onsite. No additional residential units will be added. 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 Fact: 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. SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a special regular session, assembled on May 2, 2017 resolved to approve Conditional Use Permit 2017- 0307 subject to the following: EXHIBIT A: CEQA Exemption EXHIBIT B: Conditions of Approval EXHIBIT C: Site Plan EXHIBIT D: Floor Plan EXHIBIT E: Elevations 19 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 ______________________________ Duane Anderson Planning Commission Chairperson Attest: ______________________________ Phil Dunsmore Planning Commission Secretary 20 EXHIBIT A: Notice of Exemption PLN 2017-1631 / CUP 2017-0307 21 EXHIBIT B: Conditions of Approval PLN 2017-1631 / CUP 2017-0307 Conditions of Approval PLN 2017-1631 / CUP 2017-0307 6955 Balboa Rd. Detached Accessory Structure Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Planning Services Conditions 1. This Conditional Use Permit shall allow the legalization of two unpermitted detached accessory structures, and for a 518 square-foot expansion of an accessory structure permitted by building permit BLD 2016-13457 at 6955 Balboa Rd, described in the attached exhibits and located on APN 050-071-012, regardless of owner. Ongoing 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 3. The Community Development Department shall have the authority to approve the following minor changes to the project that (1) modify the site plan by less than 10%, (2) result in a superior site design or appearance, and/or (3) address a construction design issue that is not substantive to Conditional Use Permit. The Planning Commission shall have the final authority to approve any other changes to the Conditional Use Permit unless appealed to the City Council. BP 4. 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 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 6. Architectural elevations shall be consistent with Exhibit D. Exterior building and roof colors and materials shall be compatible with materials of the existing portion of the structure to be approved by Planning Services Staff. BP / FI 7. All utilities servicing the accessory structure shall be installed underground. BP 8. Building height shall comply with the standards of the Zoning Ordinance. BP 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 10. The applicant shall apply for and finalize a building permit for the existing unpermitted metal building shown in Exhibit B before the building permit for the proposed addition (BLD 2016-13457-01 or similar) may be finalized. BP 22 Conditions of Approval PLN 2017-1631 / CUP 2017-0307 6955 Balboa Rd. Detached Accessory Structure Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy 11. The applicant shall apply for and finalize a building permit for the existing unpermitted barn shown in Exhibit B before the building permit for the proposed addition (BLD 2016-13457-01) may be finalized. BP Building Services Conditions 12. The applicant shall apply for and receive a building permit before construction of the addition may begin (BLD 2016-13457-01 or similar) BP Public Works Department Conditions 13. A Storm Water Control Plan shall be submitted to the City, to be approved by the City Engineer. BP 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 Fire Department Conditions 15. The detached accessory structure shall comply with all Fire Department standards and requirements including for fire sprinklers; driveway length, width, surface and slope; dry line; and fire truck turnaround. BP 23 EXHIBIT B: Site Plan PLN 2017-1631 / CUP 2017-0307 Secondary dwelling unit Primary residence Existing unpermitted metal building Location of proposed structure Existing unpermitted barn 24 EXHIBIT C: Floor Plan PLN 2017-1631 / CUP 2017-0307 Portion under construction (888 square feet) Proposed 518 square-foot addition 25 EXHIBIT D: Elevations PLN 2017-1631 / CUP 2017-0307 Front elevation (east) Rear elevation (west) 26 North elevation South elevation 27