Loading...
HomeMy WebLinkAboutPC_2018-04-17_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, April 17, 2018 6:00 P.M. Historic City Hall Council Chambers 6500 Palma Avenue, 4th Floor Atascadero, California 93422 CALL TO ORDER Pledge of Allegiance Roll Call: Chairperson Jerel Seay Vice Chairperson Tom Zirk Commissioner Duane Anderson Commissioner Ryan Betz Commissioner Mark Dariz Commissioner Josh Donovan Commissioner Jan Wolff APPROVAL OF AGENDA PUBLIC COMMENT (This portion of the meeting is reserved for p ersons 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 APRIL 3, 2018 PLANNING COMMISSION BUSINESS City of Atascadero Planning Commission Agenda Regular Meeting, April 17, 2018 Page 2 of 3 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website COMMUNITY DEVELOPMENT STAFF REPORTS NONE PUBLIC HEARINGS DISCLOSURE OF EX PARTE COMMUNICATIONS: Prior to a project hearing Planning Commission Members must disclose any communications they have had on any quasi-judicial agenda items. This includes, but is not limited to, Tentative Subdivision Maps, Parcel Maps, Variances, Conditional Use Permits, and Planned Development Permits. This does not disqualify the Planning Commission Member from participating and voting on the matter, but gives the public and applicant an opportunity to comment on the ex parte communication. (For each of the following items, the public will be given an opportunity to speak. After a staff report, the Chair will open the public hearing and invite the applicant or applicant’s representative to make any comments. Members of the public will be invited to provide testimony to the Commission following the applicant. Speakers should state their name for the record and can address the Commission for three minutes. After all public comments have been received, the public hearing will be closed, and the Commission will discuss the item and take appropriate action(s).) 2. CONDITIONAL USE PERMIT FOR 7060 ARTIGA LANE COMMISSIONER COMMENTS AND REPORTS DIRECTOR’S REPORT ADJOURNMENT The next regular meeting will be on May 1, 2018, 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. Property Owner: John & Jessica Hager, Stephanie Neubauer Project Title: PLN 2018-1692 – Conditional Use Permit Project Location: 7060 Artiga Lane, Atascadero, CA APN 049-331-018 (San Luis Obispo County) Project Description: The proposed project includes a Conditional Use Permit for a 3rd residential accessory structure (BLD 2018-15654). City Staff: Katie Banister, Assoc. Planner, kbanister@atascadero.org, Phone: (805) 470-3480. Proposed Environmental Determination: The project is categorically exempt from CEQA – Guidelines Section 15303. Recommendation: Planning Commission adopt PC Resolution 2018-A, approving Conditional Use Permit 2018-0324 for a 3rd residential accessory structure. City of Atascadero Planning Commission Agenda Regular Meeting, April 17, 2018 Page 3 of 3 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 6:00 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 availa ble 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 Com mission 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 publi c. 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 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 4/3/18 Page 1 of 5 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting – Tuesday, April 3, 2018 – 6:00 P.M. City Hall Council Chambers 6500 Palma Avenue, Atascadero, California CALL TO ORDER - 6:02 p.m. Chairperson Seay called the meeting to order at 6:02 p.m. and Commissioner Anderson led the Pledge of Allegiance. ROLL CALL Present: Commissioners Anderson, Betz, Dariz, Wolff, Vice Chairperson Zirk, and Chairperson Seay Absent: Commissioner Donovan (excused absence) Others Present: Recording Secretary, Annette Manier Staff Present: Senior Planner, Callie Taylor Associate Engineer, Mike Bertaccini APPROVAL OF AGENDA MOTION: By Commissioner Anderson and seconded by Commissioner Betz to approve the Agenda. Motion passed 6:0 by a roll-call vote. PUBLIC COMMENT None Chairperson Seay closed the Public Comment period. CONSENT CALENDAR 1. APPROVAL OF DRAFT MINUTES OF MARCH 6, 2018 2. APPROVAL OF DRAFT MINUTES OF MARCH 20, 2018 ITEM NUMBER: 1 DATE: 4-17-18 1 PC Draft Minutes of 4/3/18 Page 2 of 5 MOTION: By Vice Chairperson Zirk and seconded by Commissioner Wolff to approve the Consent Calendar with one change under CALL TO ORDER on Page 1 to change Chairperson Anderson to Chairperson Seay. Motion passed 6:0 by a roll-call vote. PLANNING COMMISSION BUSINESS None COMMUNITY DEVELOPMENT STAFF REPORTS 3. TREE REMOVAL PERMIT FOR 9325 EL BORDO EX PARTE COMMUNICATIONS None Senior Planner Taylor presented the staff report. There were no questions from the Commission. PUBLIC COMMENT None Chairperson Seay closed the Public Comment period. MOTION: By Vice Chairperson Zirk and seconded by Commissioner Anderson recommending the Planning Commission adopt PC Resolution 2018- A, approving PLN 2018-1695 to allow the removal of one (1) native oak tree, based on findings and subject to Conditions of Approval. Motion passed 6:0 by a roll-call vote. Property Owner: Berean Baptist Church, 9325 El Bordo Ave., Atascadero CA 93422 Representative: Whit’s Turn Tree Care, PO Box 1784, Templeton, CA 93465 Project Title: PLN 2018-1695 – Tree Removal Permit Project Location: 9325 El Bordo, Atascadero, CA APN 055-041-018 (San Luis Obispo County) Project Description: The proposed project consists of a request to remove a 31” Live Oak tree that has been determined to be dead by a Certified Arborist. The tree is located within a parking lot for an existing church. City Staff: Kelly Gleason, Senior Planner, kgleason@atascadero.org, Phone: (805) 470 -3446. Recommendation: Staff recommends that the Planning Commission adopt PC Resolution 2018-A approving TRP 2018-0224. 2 PC Draft Minutes of 4/3/18 Page 3 of 5 PUBLIC HEARINGS DISCLOSURE OF EX PARTE COMMUNICATIONS: Prior to a project hearing Planning Commission Members must disclose any communications they have had on any quasi-judicial agenda items. This includes, but is not limited to, Tentative Subdivision Maps, Parcel Maps, Variances, Conditional Use Permits, and Planned Development Permits. This does not disqualify the Planning Commission Member from participating and voting on the matter, but gives the public and applicant an opportunity to comment on the ex parte communication. (For each of the following items, the public will be given an opportunity to speak. After a staff report, the Chair will open the public hearing and invite the applicant or applicant’s representative to make any comments. Members of the public will be invited to provide testimony to the Commission following the applicant. Speakers should state their name for the record and can address the Commission for three minutes. After all public comments have been received, the public hearing will be closed, and the Commission will discuss the item and take appropriate action(s).) 4. TENTATIVE PARCEL MAP FOR 3355 CHICO ROAD/3450 TRAFFIC WAY EX PARTE COMMUNICATIONS None Senior Planner Taylor gave the staff report and she and Associate Engineer Bertaccini answered questions from the Commission. PUBLIC COMMENT None Chairperson Seay closed the Public Comment period. MOTION: By Vice Chairperson Zirk recommending the Planning Commission adopt PC Resolution 2018-A, approving PLN 2017-1677 approving Tentative Parcel Map AT 17-0135 (TPM 2017-0108) to subdivide two residential parcels into four residential parcels, and widening the Property Owner: Brett and Cathy Wingo Representative: Scott Erwin Project Title: PLN 2017-1677 – Tentative Parcel Map Project Location: 3355 Chico Road and 3450 Traffic Way, Atascadero, CA APN 049-072-010, 049-072-008 (San Luis Obispo County) Project Description: The proposed project consists of a request to divide the properties at 3450 Traffic Way and 3355 Chico Road into a total of four (4) parcels. The properties are located at the intersection of Traffic Way and Chico Road between Highway 101 and the Salinas River about 2,000 feet southeast of San Benito Road. City Staff: Katie Banister, Associate Planner, kbanister@atascadero.org, Phone: (805) 470-3480. Proposed Environmental Determination: Categorical Exemption CEQA – Guidelines Section 15315 Recommendation: Staff recommends that the Planning Commission adopt PC Resolution 2018-A approving TPM 2017-0108. 3 PC Draft Minutes of 4/3/18 Page 4 of 5 driveway to 16 feet paved with at least two shoulders at 2 feet just to Lot D’s residence. Chairperson Seay re-opened the Public Comment period. PUBLIC COMMENT The following members of the public spoke on this item: Ken Romero and James Cooley. Chairperson Seay closed the Public Comment period. Associate Engineer Bertaccini answered questions raised during public comment. MOTION: By Commissioner Anderson and seconded by Commissioner Wolff recommending the Planning Commission adopt PC Resolution 2018-A, approving PLN 2017-1677 approving Tentative Parcel Map AT 17-0135 (TPM 2017-0108) to subdivide two residential parcels into four residential parcels, based on findings and subject to Conditions of Approval. Motion passed 6:0 by a roll-call vote. 5. CONDITIONAL USE PERMIT FOR 7480 SANTA YSABEL AVE. Property Owner: Peoples’ Self Help Housing Representative: Darya Oreizi Project Title: PLN 2018-1684 – Conditional Use Permit Project Location: 7480 Santa Ysabel Ave., Atascadero, CA APN 030-121-041 (San Luis Obispo County) Project Description: The proposed project includes a CUP (Master Plan of Development) and requested parking reduction for an existing 18-unit multi-family residential development. Building upgrades are proposed to modernize the units, add one additional bedroom to five of the existing units, and do site improvements. City Staff: Callie Taylor, Senior Planner, ctaylor@atascadero.org, Phone: (805) 470- 3448. Proposed Environmental Determination: The project qualifies for a CEQA Class 1 Categorical Exemption (Section 15301) for existing facilities. Recommendation: Planning Commission adopt PC Resolution 2018-A, approving Conditional Use Permit 2018-0323 for an existing 18-unit multi-family residential development with parking reduction at 7480 Santa Ysabel, based on findings and subject to Conditions of Approval. 4 PC Draft Minutes of 4/3/18 Page 5 of 5 Senior Planner Taylor presented the staff report and reviewed the Design Review Committee’s recommendations. EX PARTE COMMUNICATIONS Commissioners Anderson and Dariz reviewed this project at the Design Review Committee. PUBLIC COMMENT The following members of the public spoke on this item: Kenneth Trigueiro and Darya Oreizi, Darya Oreizi answered questions from the Commission. Chairperson Seay closed the Public Comment period. MOTION: By Commissioner Anderson and seconded by Commissioner Betz recommending the Planning Commission adopt PC Resolution 2018-A, approving PLN 2018-1684 approving Conditional Use Permit (CUP 2018-0323) for an existing 18-unit multi-family residential development with parking reduction at 7480 Santa Ysabel, based on findings and subject to Conditions of Approval. Motion passed 6:0 by a roll-call vote. COMMISSIONER COMMENTS AND REPORTS None DIRECTOR’S REPORT Senior Planner Taylor announced that the next meeting will be on April 17, 2018, and on that agenda will be a 3rd accessory structure in a residential zone. Senior Planner Taylor announced that the May 1, 2018 meeting might be cancelled due to staff training. ADJOURNMENT – 6:49 p.m. The next Regular meeting of the Planning Commission is scheduled for April 17, 2018, at 6:00 p.m. at City Hall, Council Chambers, 6500 Palma Avenue, Atascadero. MINUTES PREPARED BY: ____________________________ Annette Manier, Recording Secretary Administrative Assistant 5 ITEM 2 | 04/17/2018 Third Residential Accessory Structure PLN 2018-1692 / Neubauer ADDITIONAL INFORMATION MAY BE OBTAINED BY CONTACTING THE ATASCADERO COMMUNITY DEVELOPMENT DEPARTMENT AT http://www.atascadero.org 6500 PALMA AVENUE | ATASCADERO, CA 93422 | (805) 461-5000 Atascadero Planning Commission Staff Report – Community Development Department Third Accessory Structure (PLN 2018-1692) RECOMMENDATION(S): Staff recommends the Planning Commission adopt PC Resolution 2018-A approving CUP 2018-0324 allowing three accessory structures, one of which is a studio with an oversized wet bar and bathroom with shower at 7060 Artiga Lane. Project Info In-Brief: The property has an existing single family residence, pool house (permitted as a guest house), and swimming pool. The applicant proposes: 1. Constructing a new accessory dwelling unit with attached utility space larger than 500 square feet, 2. Constructing a new 1,500 square-foot detached metal building for storage and shop use, and 3. Converting the existing pool house (guest house) into a studio. PROJECT ADDRESS 7060 Artiga Lane Atascadero, CA APN 049-022-018 PROJECT PLANNER Katie Banister Associate Planner 470-3480 kbanister@atascadero.org APPLICANT Stephanie Neubauer PROPERTY OWNER John and Jessica Hager, et al GENERAL PLAN DESIGNATION ZONING DISTRICT SITE AREA EXISTING USE PROPOSED USE RE RS 2.5 acres Single-family residence and guest house Single-family residence, accessory dwelling unit, studio and detached accessory structure ENVIRONMENTAL DETERMINATION 6 ITEM 2 | 4/17/2018 Third Accessory Structure PLN 2018-1692 / Neubauer Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ☐ Environmental Impact Report SCH: ___________________________ ☐ Negative / Mitigated Negative Declaration No. ___________ ☒ Categorical Exemption CEQA – Guidelines Section 15303 ☐ Statutory Exemption §§ 21000, et seq & ________________________ ☐ No Project – Ministerial Project DISCUSSION: Existing Surrounding Uses / Parcel Configurations: The property is located on a private cul-de-sac driveway serving four residences near the intersection of Graves Creek and Balboa Roads. It is surrounded by large-lot single-family residences. Existing Zoning Existing Aerial / Surrounding North South East West Residential Suburban (RS) Residential Suburban (RS) Residential Suburban (RS) Residential Suburban (RS) Summary: The applicant proposes: 1. To convert an existing 951 square-foot guest house into a 450 square-foot studio with approximately 501 square feet of attached “U” occupancy storage space, 2. To construct a 1,500 square foot metal building for storage and shop use, and 3. To construct a 1,192 square-foot accessory dwelling unit with 944 square feet of attached “U” occupancy space (garage and utility room). Analysis: Properties utilizing an on-site septic system have the right to construct an accessory dwelling unit when the property is at least one acre in size. The accessory dwelling unit 7 ITEM 2 | 4/17/2018 Third Accessory Structure PLN 2018-1692 / Neubauer Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero may have up to 1,200 square feet of habitable space with a maximum of 500 squa re feet of attached “U” occupancy space. “U” occupancy space is considered space that may not be occupied overnight such as a garage, storage area, workshop or other non-living area. When the attached “U” occupancy space exceeds 500 square feet, it is con sidered accessory to the primary residence. Accessory dwelling units must have architectural design that is compatible with the primary dwelling “using substantially the same landscaping, color, materials, and design on the exterior” (AMC 9-5.060). Accessory dwelling units are not permitted on p roperties with a guest house since a guest house is considered an accessory dwelling unit for living purposes. Atascadero Municipal Code 9-6.106 limits residential properties to two detached accessory structures. The structures may each be either a garage/workshop or an office/art studio. Garages are “U” occupancy structures , each limited to 50% of the size of the primary residence. They may have a bathroom with toilet, sink and utility shower. Studios are defined as “R” occupancy structures with “no kitchens, no overnight stays, cooking facilities and/or bathing facilities (one (1) water closet is permitted)”. (AMC 9 - 5.020). Studio The existing guest house (pool house) is 951 square feet in size. It contains a great room with kitchenette, two bedrooms, a bathroom and sauna. Due to the presence of a guest house, the subject property is not currently eligible for an accessory dwelling unit. City staff has proposed alterations be made to the guest house to convert it to a studio. The applicant proposes reducing the conditioned space of the building by eliminating interior doorways to two bedrooms and the bathroom , which includes a shower. These rooms would be accessible only from the exterior of the building (see drawing below). The HVAC serving these spaces would be removed. These alterations would result in 450 square feet of “R” occupancy space. The entire building is less than 50% of the size of the primary residence. The guest house includes an existing “kitchenette” space without cooking facilities. The counter is 21 feet long (52 square feet) and includes a sink and dishwasher. AMC 9 - 5.020 limits wet bars to 8 feet of length and 24 square feet of area. They may not have a stove, built-in microwave, dishwasher or garbage disposal. The applicant proposes leaving the counters, sink and dishwasher in place. In addition, the applicant propos es retaining the bathroom, which will only be accessible from the exterior of the building and will have with a toilet, sink and shower. The bathroom access faces the swimming pool and will used in support of the pool. AMC 9-5.020 permits the Planning Commission to allow deviations from the standards for a studio when findings can be made for a conditional use permit. The applicant intends to use the structure as a pool house and requests a deviation for the amount of counter permitted and to retain the dishwasher and shower. Project conditions require the removal of features that would facilitate the future use of the studio as a separate unit. 8 ITEM 2 | 4/17/2018 Third Accessory Structure PLN 2018-1692 / Neubauer Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero These conditions include the recordation of a covenant on the property prohibiting overnight stays and notifying future owners the structure is not a separate residential unit. The applicant would prefer to retain the oversized wet bar and dishwasher. Staff has not included a condition in the draft resolution to remove them. It is within the Planning Commission’s power to either allow the features or require their removal. Following are draft resolutions the Planning Commission may utilize: 1. The wet bar within the studio shall be reduced to 8 feet in length. 2. The dishwasher shall be removed from the studio. Proposed alterations to guest house Garage The proposed 1,500 square-foot garage/workshop (metal building) does not exceed 50% of the size of the primary residence, which is approximately 3,500 square feet in size. New wall sections and exterior doors Removed doorways Bathroom with shower (doorway to studio removed) New exterior door Remove exterior doors 9 ITEM 2 | 4/17/2018 Third Accessory Structure PLN 2018-1692 / Neubauer Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Accessory dwelling unit The proposed accessory dwelling unit has 1,192 square feet of habitable space and 944 square feet of “U” occupancy space including a 784 square-foot two-car garage, and a 160 square-foot utility room. The space will contain uses accessory to the accessory dwelling unit. Due to its size, the proposed “U” occupancy space is considered a thir d accessory structure accessory to the primary unit. AMC 9-6.106 permits the Planning Commission to allow more than two accessory structures when the findings for a conditional use permit can be made. Houses in the surrounding neighborhood are generally stucco with tile roofs. The existing residence has a brick façade with a tile roof. The guest house is stucco with a tile roof. The applicant proposes an accessory dwelling unit with metal corrugated sheathing as both siding and roofing material. The residence would have wood fascia and wood posts at the porches. Elevational drawings show a standing-seam type building material. The applicant proposes a beige or grey color for the siding and a similar color for the roof. The proposed materials are not the same as those for the primary residence. Individual single-family residential projects are not typically subject to design review. In recent years, staff has not strictly interpreted the municipal code requirement for architectural compatibility between primary and accessory dwelling units. Houses in the City are an eclectic collection of architectural styles. Staff seeks guidance from the Planning Commission regarding whether the proposed accessory dwelling unit is architecturally compatible with the primary residence. If desired, the Planning Commission may add conditions to the draft resolution so the project must use different building materials to comply with this standard. In such case, the findings should also be amended to reflect this change. Staff has provided a condition in the draft resolution to require an earth-tone color for the siding and a terra cotta color for the roof, to mimic the color of a tile roof. Conclusion: The applicant requests three deviations from the standards of the municipal code and a determination of architectural compatibility. Deviations are: 1. A studio with a 21-foot wet bar, sink and dishwasher; 2. A studio with a shower; 3. Three accessory structures on a property zoned for residential uses. ENVIRONMENTAL DETERMINATION: 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.) pursuant to CEQA Guidelines Section 15303 for new construction or conversion of small structures, which includes second dwelling units in residential zones and accessory structures including garages. 10 ITEM 2 | 4/17/2018 Third Accessory Structure PLN 2018-1692 / Neubauer Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero FINDINGS: To approve CUP 2018-0324, the Planning Commission must make the following findings. These findings and the facts to support these findings are included in the attached resolution (Attachment 2). Conditional Use Permit (AMC Section 9-2.110(b).(3).(iv) 1. The proposed project or use is consistent with the General Plan . 2. The proposed project or use satisfies all applicable provisions of this title. 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. 4. The proposed project or use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development. 5. The proposed use or project will not generate a volume of traf fic 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. 6. The proposed project is in compliance with any pertinent city policy or criteria adopted by ordinance or resolution of the city council. 7. The proposed accessory dwelling unit is architecturally compatible with the primary residence. ALTERNATIVES: 1. The Planning Commission may include modif ications to the project and/or conditions of approval for the project. Any proposed modifications including conditions of approval, should be clearly re-stated in any vote on any of the attached resolutions. 2. The Planning 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. A motion, and approval of that motion, is required to continue the item to a future date. 11 ITEM 2 | 4/17/2018 Third Accessory Structure PLN 2018-1692 / Neubauer Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 3. The Planning Commission may deny the project. The Commission must specify what findings cannot be made, and provide a brief oral statement, based on the Staff Report, oral testimony, site visit, correspondence, or any other rationale introduced and deliberated by the Planning Commission. ATTACHMENTS: 1. Site Photographs 2. Draft Resolution 2018-A 12 ITEM 2 | 4/17/2018 Third Accessory Structure PLN 2018-1692 / Neubauer Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHMENT 1: Site Photos PLN 2018-1692 Drone photo of the property looking west Drone photo looking southeast 13 ITEM 2 | 4/17/2018 Third Accessory Structure PLN 2018-1692 / Neubauer Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Primary Residence Existing Guest House 14 ITEM 2 | 4/17/2018 Third Accessory Structure PLN 2018-1692 / Neubauer Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Guest House “Kitchenette” Guest House Sink and Dishwasher 15 ITEM 2 | 4/17/2018 Third Accessory Structure PLN 2018-1692 / Neubauer Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Trees on Neighbor’s Property, Western Property LIne General Location of Proposed Accessory Dwelling Unit and Metal Building 16 ITEM 2 | 4/17/2018 Third Accessory Structure PLN 2018-1692 / Neubauer Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Metal Buildings on Artiga Lane Accessory Structures in the Neighborhood 17 ITEM 2 | 4/17/2018 Third Accessory Structure PLN 2018-1692 / Neubauer Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHMENT 2: Draft Resolution PC 2018-A PLN 2018-1692 DRAFT RESOLUTION PC 2018-A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING CONDITIONAL USE PERMIT 2018-0324 (PLN 2018-1692) ALLOWING THREE DETACHED ACCESSORY STRUCTURES ON RESIDENTIAL PROPERTY INCLUDING A STUDIO WITH OVERSIZED WET BAR 7060 ARTIGA LANE (NEUBAUER) WHEREAS, an application has been received from Stephanie Neubauer (7060 Artiga Lane, Atascadero, CA 93422), Applicant and Owner, to consider a Conditional Use Permit (CUP 2018-0324) to allow three accessory structures on a residential property including a studio with oversized wet bar; 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 3,631 square-foot primary residence and 951 square-foot guest house; and WHEREAS, the applicant proposes to convert the guest house into a studio; and WHEREAS, the applicant proposes to construct a 1,500 square foot metal shop; and WHEREAS, the applicant proposes to construct an accessory dwelling unit with 944 square feet of attached “U” occupancy space; and WHEREAS, the proposed project qualifies for a Class 3 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 WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on April 17, 2018, studied and considered Conditional Use Permit 2018-0324; and 18 ITEM 2 | 4/17/2018 Third Accessory Structure PLN 2018-1692 / Neubauer Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 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 from the California Environmental Quality Act as a Class 3 Exemption (CEQA Guidelines, Section 15303, New construction or conversion of small structures). 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 The Rural Estates designation of the General Plan is for single-family residences including accessory dwelling units and other accessory structures. 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 property will have a total of four structures: the prima ry residence, an accessory dwelling unit, a studio and a detached workshop. By right, the property can have each of these structures. The applicant seeks deviations to the zoning ordinance for the size of the garage attached to the accessory dwelling unit and features in the proposed studio. The use of the structures will be limited to uses permitted by the Zoning Ordinance. The Planning Commission has determined the accessory dwelling unit is architecturally compatible with the primary residence. The project, with Planning Commission approval of the CUP for exceptions for 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 use the studio as a pool house and for storage of personal items. The detached workshop is intended for noncommercial hobbies, and to store supplies for maintaining the residence. The structure will be constructed to meet the standards of the building code. 4. The proposed project will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and There are at least 7 accessory dwelling units on properties within 1,000 feet of the subject property. In the last year, the Planning Commission has approved two other conditional use permits for oversized and higher quantity of accessory structures in the vicinity of Balboa a nd Ardilla Roads. The neighborhood contains several larger metal buildings. The new structures will both have corrugated metal exteriors. 19 ITEM 2 | 4/17/2018 Third Accessory Structure PLN 2018-1692 / Neubauer Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 5. 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 project will permit the addition of one additional residential unit with accessory uses. Single-family residences are expected to generate an average of 10 daily trips, which will not exceed the safe capacity of nearby roads. 6. The proposed project is in compliance with any pertinent City policy or criteria adopted by ordinance or resolution of the City Council; and 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. 7. The proposed accessory dwelling unit is architecturally compatible with the primary residence. The proposed residence has a gabled roof of similar style and pitch as the primary residence. It is not significantly different in height. The structure is proposed to use materials that are not identical to the primary residence; however, the materials are complementary to the original structures. SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a regular session, assembled on April 17, 2018, resolved to approve Conditional Use Permit 2018-0324 subject to the following: EXHIBIT A: CEQA Notice of Exemption EXHIBIT B: Conditions of Approval EXHIBIT C: Site Plan EXHIBIT D: Accessory Dwelling Unit EXHIBIT E: Detached Accessory Workshop EXHIBIT F: Studio Conversion from Guest House 20 ITEM 2 | 4/17/2018 Third Accessory Structure PLN 2018-1692 / Neubauer Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 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 ______________________________ Jerel Seay Planning Commission Chairperson Attest: ______________________________ Phil Dunsmore Planning Commission Secretary 21 ITEM 2 | 4/17/2018 Third Accessory Structure PLN 2018-1692 / Neubauer Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero EXHIBIT A: Notice of Exemption PLN 2018-1692 22 ITEM 2 | 4/17/2018 Third Accessory Structure PLN 2018-1692 / Neubauer Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero EXHIBIT B: Conditions of Approval PLN 2018-1692 Conditions of Approval PLN 2018-1692 / CUP 2018-0324 7060 Artiga Lane Detached Accessory Structures 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 1. This conditional use permit shall allow for the conversion of a guest house to a studio with oversized wet bar and bathroom with shower, the construction of a 1,500 square-foot detached accessory structure, and the construction of an accessory dwelling unit with 944 square feet of attached “U” occupancy space described on the attached exhibits and located on Lot 3 of Tract 1057, recorded in Book 2, Page 2 of Book of Maps, San Luis Obispo County, California (7060 Artiga Lane; APN 049-331-018), 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 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. The applicant shall reduce the size of the conditioned space in the existing guest house (pool house) to 450 square feet. The bathroom with shower shall not be accessible from the interior of the structure. FI PS 7. The applicant shall record a deed restriction limiting the use of the converted guest house (future studio) to limit overnight stays and its use as an additional residential unit. FI PS 8. The detached accessory structure (shop) shall not exceed 50% of the size of the primary residence. BP PS 9. The use of the detached accessory structure (shop) shall be limited to uses permitted by the Atascadero Municipal Code in the Residential Suburban (RS) zoning district. Ongoing PS 23 ITEM 2 | 4/17/2018 Third Accessory Structure PLN 2018-1692 / Neubauer Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Conditions of Approval PLN 2018-1692 / CUP 2018-0324 7060 Artiga Lane Detached Accessory Structures 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. All utilities servicing new structures shall be installed underground. BP PS, BS 11. The siding of the accessory dwelling unit shall be an earth-tone color. BP PS 12. The roof of the accessory dwelling unit shall be a terra cotta color to resemble the color of a tile roof. BP PS 13. A separate building permit is required before construction commences for each: conversion of the guest house to a studio, construction of the detached accessory structure and construction of the accessory dwelling unit. BP BS 14. A storm water control plan shall be submitted to the City, to be approved by the City Engineer. BP CE 15. All portions of new structures and associated grading and driveways shall be located a minimum of 30 feet from the high water mark of the drainage swale located on the property. BP PS 16. All portions of any new septic leach fields shall be located at least 100 feet from the drainage swale located on the property. XX BP CE 24 ITEM 2 | 4/17/2018 Third Accessory Structure PLN 2018-1692 / Neubauer Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero EXHIBIT C: Site Plan PLN 2018-1692 Existing primary residence Existing guest house to be converted to studio Proposed accessory dwelling unit Proposed workshop Drainage Swale Existing leach field Proposed leach field 25 ITEM 2 | 4/17/2018 Third Accessory Structure PLN 2018-1692 / Neubauer Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero EXHIBIT D: Accessory Dwelling Unit PLN 2018-1692 Floor Plan Elevations 944 square feet of “U” occupancy space (garage and utility room) 19’ 6.5” 26 ITEM 2 | 4/17/2018 Third Accessory Structure PLN 2018-1692 / Neubauer Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero EXHIBIT E: Detached Accessory Workshop PLN 2018-1692 Floor Plan Elevations 19’ 9” 27 ITEM 2 | 4/17/2018 Third Accessory Structure PLN 2018-1692 / Neubauer Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero EXHIBIT F: Studio Conversion from Guest House PLN 2018-1692 New wall sections and exterior doors Removed doorways Bathroom with shower (doorway to studio removed) New exterior door Remove exterior doors 28