HomeMy WebLinkAboutAUP_2018-11-19_AgendaPacket C ITY OF A TASCADERO
COMMUNITY DEVELOPMENT DEPARTMENT
6500 PALMA AVE ▪ ATASCADERO, CA 93422 ▪ (805) 461 -5035 ▪ FAX 461-7612
Administrative Use Permit Hearing
A G E N D A
The City of Atascadero’s Zoning Hearing Officer will hold a public hearing
at 9:00 a.m. or later on Monday, November 19, 2018, at City Hall, Room
106, 6500 Palma Ave., Atascadero, to consider the following project:
1. 5945 VIOLETA, USE18-0119; The project is an application for a sloping
lot adjustment. Staff recommendation is for the Hearing Officer to
approve the AUP. (Payton) (Mariah Gasch, Assistant Planner)
PLEASE NOTE: Any court challenge to the actions taken at the public
hearing may be limited to considering only those issues raised at the public
hearing described in this notice or in written correspondence to the City of
Atascadero at, or prior to, the public hearing.
Any decision of the Hearing Officer is final unless a ppealed to the Planning
Commission within 14 days of the action. Any person aggrieved by the
decision may file an appeal. Appeal forms are available in the Community
Development Department or on the City’s website (www.atascadero.org).
The fee for filing an appeal is $762 and must accompany the appeal
documentation.
t:\~ administrative use permit\agendas\2018\nov. 19, 2018.doc
C ITY OF A TASCADERO
COMMUNITY DEVELOPEMENT
Administrative Hearing Agenda Report ITEM # 1
FROM: Mariah Gasch MEETING DATE: November 19, 2018
FILE NUMBER: USE 18-0119
PROJECT ADDRESS: 5945 Violeta Ave.
SITUATION: The applicant seeks to build a single-family residence on a steeply
sloping lot. A sloping lot adjustment to the front building setback (AMC 9 -4.106) is
requested to minimize the length of the driveway and the qua ntity of grading needed to
develop the site.
EVALUATION: The fifth goal of the Land Use, Open Space and Circulation element of
the General Plan is to “[p]reserve the contours of the hills.” The policies and programs
that support this goal are generally to increase minimum lot size on steeper slopes and
to use site planning that minimizes the amount of grading needed. The Hillside Grading
Guidelines interpret this General Plan goal and give practical requirements for
development projects that propose grading. They include the prohibition of cut and fill
pads when the native slope is 30% or greater.
Atascadero Municipal Code (AMC) 9-4.106(a)(3) permits adjustment reduction for the
front setback for sloping lots, where the slope results in an elevation ch ange of at least
7 feet, as measured from the area within 50 feet from the center line of the adjacent
road (i.e. the average slope for the 50 feet from the center of the road is an average
grade of 14%). The reduction allows the garage to be placed as close as 5 feet from
the front property line, while the other portions of the residence must be placed at the
standard 25 foot setback.
The proposed development plan pushes the garage very close to the front property line
alleviating the need for a long driveway and reducing site disturbance. The site will not
be graded to create a cut and fill pad with the exception of the short driveway, which will
require some fill. The residence is proposed to use a pier foundation, which is stepped
down the hill to respect the existing contours of the hillside.
The Violeta Avenue right-of-way is 40 feet wide, but the asphalt is less than 20 feet in
the general vicinity of the project. The street is the connecter between Santa Lucia
Road to Aguila Avenue. While Violeta Avenue may be improved over time, it is unlikely
to be significantly widened or to see a significant increase in vehicle trips over time . The
unused portion of the right-of-way acts somewhat to increase the front setback, so that
while the garage would be 5 feet from the property line, it is approximately 15 feet from
the existing asphalt.
The project requires the removal of two Coast Live Oak trees, three Valley Oak trees
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and six Blue Oak trees. The applicant has applied for a tree removal permit with the
building permits for the residence and detached garage.
RECOMMENDATION: Staff recommends the Administrative Hearing Officer approve
Administrative Use Permit USE18-0119 reducing the front setback for the detached
garage from 25 to 5 feet from the front p roperty line on Violeta Avenue with Conditions
of Approval.
ENVIRONMENTAL DETERMINATION
☒ Categorical Exemption CEQA – Guidelines Section 15303
☐ Statutory Exemption §§ 21000, et seq & ________________________
☐ No Project – Ministerial Project
Findings
AMC 9-1.112 requires the Hearing Officer to make the following 5 findings:
(1) Modification of the applicable standard will not result in a project that is inconsistent
with the General Plan;
Staff comment: Reducing the front setback for the garage will cause a much
smaller impact to the property. The setback reduction will result in significantly
less grading to develop the site and “[p]reserve the contours of the hills.”
(2) Modification of the applicable standard will not result in a project that is inconsistent
with the character of the immediate neighborhood or contrary to its orderly
development;
Staff comment: The project is a single-family residence in a single-family
residential zoning district. The neighborhood is located on the steep slopes with
narrow, winding roads and houses configured on sites in multiple ways to
accommodate the slope. The home on the adjacent lot to the east is located
approximately 10 feet from the property line, also within the standard 25 foot
setback.
(3) Modification of the applicable standard will not result in a project that is not in
compliance with any pertinent City policy or criteria adopted by ordinance or
resolution of the City Council; and
Staff comment: The proposed residence will be in compliance will all pertinent
City policies and criteria.
(4) Modification of the applicable standard will not result in the authorization of a use
not otherwise allowed; and
Staff comment: A single-family residence is permitted in the Single Family
Residential zoning district.
Page 3
(5) Any other findings deemed necessary.
Staff comment: No other findings are deemed necessary.
Conditions
1. The garage shall be placed no closer than 5 feet to the front property line.
2. Other portions of the residence shall be placed no less than 25 feet from the front
property line.
Code Requirements
1. AMC 9-4.106(a)(3) Sloping Lot Adjustment.
2. AMC 9-1.112 Administrative Use Permit.
3. AMC 9-11.105 Tree removal
Action:
Approve
Approve as modified
Deny
Continue to : _______________ to allow _________________________________
____________________________________________________________________
Continue indefinitely to allow: __________________________________________
_____________________________________________________________________
_____________________________________________________________________
___________________________________
Hearing Officer
ATTACHMENTS:
Attachment 1: Location and Zoning
Attachment 2: Site Plan
Attachment 3: Elevation
Attachment 4: Site Photos
Page 4
ATTACHMENT 1: Location and Zoning
USE 18-0119
RSF-Z
LSF-Y
RMF-24
Atascadero High School
5945 Violeta
Page 5
ATTACHMENT 2: Site Plan
USE 18-0119
25 feet
10 feet
5 feet
Existing Asphalt
Page 6
ATTACHMENT 3: Elevation
USE 18-0119
Note: AMC 9-4.106 (a)(3) allows a sloping lot adjustment when a point 50
feet from the centerline of the adjacent right-of-way is 7 feet above or below
the elevation of the centerline. In the exhibit above, the slope is measured
from the property line, but the project also meets the actual code
requirement. The right of way is 40 feet wide. From the centerline to the
front property is 20 feet. Thirty feet from the property line (i.e. 50 feet from
the centerline of the road), the elevation is more than 15 feet lower than the
road.
Page 7
ATTACHMENT 4: Site Photos
USE 18-0119
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