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HomeMy WebLinkAboutPC_2019-05-21_AgendaPacket WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan this QR Code with your smartphone to view the Planning Commission Website. CITY OF ATASCADERO PLANNING COMMISSION AGENDA REGULAR MEETING Tuesday, May 21, 2019 6:00 P.M. City Hall Council Chambers 6500 Palma Avenue, 4th Floor Atascadero, California 93422 CALL TO ORDER Pledge of Allegiance Roll Call: Chairperson Tom Zirk Vice Chairperson Mark Dariz Commissioner Duane Anderson Commissioner Ellen Béraud Commissioner Michael Shaw Commissioner Jeff van den Eikhof Commissioner Jan Wolff 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. DRAFT MINUTES OF MAY 7, 2019  Recommendation: Commission approve the May 7, 2019 Minutes. 2. ACCEPTANCE OF FINAL MAP FOR 7300 EL CAMINO REAL  Recommendation: Accept and approve Final Parcel Map 19-0007 (AT 18- 0128). City of Atascadero Planning Commission Agenda Regular Meeting, May 21, 2019 Page 2 of 3 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan this QR Code with your smartphone to view the Planning Commission Website. COMMUNITY DEVELOPMENT STAFF REPORTS None. PUBLIC HEARINGS (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).) 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, Tentati ve 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 t o comment on the ex parte communication. 3. CONDITIONAL USE PERMIT FOR ACCESSORY STRUCTURE AT 13410 SANTA LUCIA ROAD The proposed project is an accessory structure that exceeds 50% of the size of main residence.  Ex-Parte Communications:  Recommendation: Approve the project with conditions. (USE19-0017) 4. CONDITIONAL USE PERMIT FOR A 3RD ACCESSORY STRUCTURE ON A RESIDENTIAL LOT AT 3000 SAN FERNANDO ROAD The proposed project is a 3rd accessory structure on a residential lot.  Ex-Parte Communications:  Recommendation: Approve the project with conditions. (USE19-0043) COMMISSIONER COMMENTS AND REPORTS DIRECTOR’S REPORT ADJOURNMENT The next regular meeting will be on June 4, 2019, at 6:00 p.m. 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, May 21, 2019 Page 3 of 3 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan this QR Code with your smartphone to view the 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 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 duri ng 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 reasona ble 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 5/7/19 Page 1 of 8 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting – Tuesday, May 7, 2019 – 6:00 P.M. City Hall Council Chambers 6500 Palma Avenue, Atascadero, California CALL TO ORDER - 6:00 p.m. Vice Chairperson Dariz called the meeting to order at 6:00 p.m. and Commissioner Anderson led the Pledge of Allegiance. ROLL CALL Present: Commissioners Anderson, Béraud, van den Eikhof, Wolff, and Vice Chairperson Dariz Absent: Chairperson Zirk (excused absence) Commissioner Shaw (excused absence) Others Present: Recording Secretary, Annette Manier Staff Present: Community Development Director, Phil Dunsmore Senior Planner, Kelly Gleason Senior Planner, Callie Taylor APPROVAL OF AGENDA MOTION: By Commissioner Wolff and seconded by Commissioner Anderson to approve the Agenda. Motion passed 5:0 by a roll-call vote. PUBLIC COMMENT None Vice Chairperson Dariz closed the Public Comment period. ITEM NUMBER: 1 DATE: 5-21-19 1 PC Draft Minutes of 5/7/19 Page 2 of 8 CONSENT CALENDAR 1. APPROVAL OF DRAFT MINUTES OF PLANNING COMMISSION MEETING ON MARCH 19, 2019 MOTION: By Commissioner Béraud and seconded by Commissioner Wolff to approve the Consent Calendar. Motion passed 5:0 by a roll-call vote. 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. 2. USE PERMIT FOR LARGE FAMILY DAY CARE AT 5850 CASCABEL ROAD The proposed project is a large family daycare use in an existing residence that would accommodate up to 14 children.  Ex-Parte Communications:  Recommendation: Approve the project with conditions. (USE19-0006) EX PARTE COMMUNICATIONS None. Planner Gleason gave the staff report and answered questions from the Commission. The applicant is requesting an exception to the fencing, which is rural in nature and has been approved by the State licensing entity. PUBLIC COMMENT The following members of the public spoke during public comment: Kimberly Coles, Warren Miller, and Frank Ward. Vice Chairperson Dariz closed the Public Comment period. MOTION: By Commissioner Béraud and seconded by Commissioner Anderson to adopt PC Resolution approving a Conditional Use Permit (USE19-0006) allowing a large family day care facility for up to 14 children at 2 PC Draft Minutes of 5/7/19 Page 3 of 8 5850 Cascabel Road, based on findings and subject to conditions of approval. Motion passed 5:0 by a roll-call vote. 3. ADDITION TO EXISTING CELL TOWER AT 6500 (6490) EL CAMINO REAL The proposed project would add 15-feet to an existing faux-pine cell tower. This extension is requested to facilitate the La Plaza Development and maintain cellular signal reach in anticipation of the 3-story La Plaza Development. The project also includes a new equipment perimeter wall and gate.  Ex-Parte Communications:  Recommendation: Approve the project with conditions. (AMND19-0012) EX PARTE COMMUNICATIONS Commissioner Anderson reviewed this project at the DRC. Vice Chairperson Dariz reviewed this project at the DRC. Commissioner Béraud stated that she has spoken with Mike Zappas about this project. Planner Gleason gave the staff report and answered questions from the Commission. Planner Gleason clarified that the tower will reach a height of 80 feet, and shared the two branch colors available. PUBLIC COMMENT The following members of the public spoke during public comment: Eric Meurs (representing American Tower), and Mike Zappas. Mr. Meurs requested the Commission change Condition 11 to say “decrease” instead of “increase.” Mike Zappas requested the Commission change Condition 7 which requires brick clad pilasters around the enclosure, and stated he would prefer to leave the enclosure as is. Vice Chairperson Dariz closed the Public Comment period. MOTION: By Commissioner Wolff to adopt PC Resolution approving a height exception Amendment to an existing cell tower facility at 6500 (6490) El Camino Real, based on findings and subject to conditions. Commissioner Anderson asked if Condition 7 and 11 could be amended in the motion, and asked the maker of the motion if she would amend it. MOTION: By Commissioner Wolff and seconded by Commissioner Anderson to adopt PC 3 PC Draft Minutes of 5/7/19 Page 4 of 8 Resolution approving a height exception Amendment to an existing cell tower facility at 6500 (6490) El Camino Real, with a change to Condition 7 to eliminate the verbiage after the word block, and a change to Condition 11 to change the word from increase to decrease, based on findings and subject to conditions of approval. Motion passed 5:0 by a roll-call vote. 4. NEW BUILDING AND DENSITY BONUS FOR 5730 EL CAMINO REAL The proposed project is a new mixed-use building on a vacant infill lot in the downtown. The building includes 2,500 sq. ft. of commercial space on the ground floor facing El Camino Real, and five (5) residential units. The use permit includes a request for a 15% density bonus for providing exceptionally high design quality.  Ex-Parte Communications:  Recommendation: Design Review Committee recommends the Planning Commission approve the project with conditions. (USE19-0041) EX PARTE COMMUNICATIONS Commissioner Anderson reviewed this project at the DRC. Vice Chairperson Dariz reviewed this project at the DRC. Planner Taylor gave the staff report and she and Director Dunsmore answered questions from the Commission. PUBLIC COMMENT The following members of the public spoke during public comment: Max Zappas and Greg Ravatt. Mr. Ravatt requested that the City take some action with issues in the alleyway. Vice Chairperson Dariz closed the Public Comment period. Director Dunsmore addressed Mr. Ravatt’s concerns. MOTION: By Commissioner Béraud and seconded by Commissioner Anderson to adopt PC Resolution approving USE19-0041 to allow a 15% density bonus for a mixed-use project in a downtown commercial zone, at 5730 El Camino Real, based on findings and subject to conditions of approval. Motion passed 5:0 by a roll-call vote. 4 PC Draft Minutes of 5/7/19 Page 5 of 8 5. TENTATIVE PARCEL MAP FOR 8559 / 8565 SANTA ROSA ROAD The proposed project is the subdivision of two (2) existing residential parcels. A total of four (4) lots would be created.  Ex-Parte Communications:  Recommendation: Approve the project with conditions. (SBDV18-0150) EX PARTE COMMUNICATIONS None. Director Dunsmore stated that he was on site May 6, 2019, where he spoke with neighbors, and based on his observations, suggested refined conditions. A revised PC Resolution was distributed to the Commission by Planner Gleason prior to the meeting (Exhibit A). The revised resolution would reduce the length of the road and include less tree removals. Gross acreage will not change with the road access. Planner Gleason gave the staff report and answered questions from the Commission. PUBLIC COMMENT The following members of the public spoke during public comment: Greg Aiello, William Wolff, Kathy Peterson, and Rosemary Oarr. Vice Chairperson Dariz closed the Public Comment period. Staff answered questions raised during public comment. MOTION: By Commissioner Béraud and seconded by Commissioner Wolff to adopt the revised PC Resolution approving SBDV18-0150 (AT18- 0116) to allow a subdivision at 8559 and 8565 Santa Rosa Road, based on findings and subject to conditions of approval. Motion passed 5:0 by a roll-call vote. 6. PLANNED DEVELOPMENT AMENDMENT TO 9105, 9107, 9109 PRINCIPAL AVE AND 9300 PINO SOLO The proposed project is an amendment to a previously approved Planned Development residential project on a 5.4-acre site near the corner of El Camino Real and Principal. The project includes 52 residential units, which includes a 10% density bonus for providing some affordable housing. The project includes 1,830 sf of office area as a part of the live-work units on Principal Avenue, and a drive- through carwash, which was previously approved in 2015 and is currently under construction. An 8,111 sf area directly adjacent to El Camino Real is proposed to 5 PC Draft Minutes of 5/7/19 Page 6 of 8 be changed from RMF-10 zoning to Commercial Retail (CR) to allow for future commercial development. A Mitigated Negative Declaration has been circulated in accordance with CEQA.  Ex-Parte Communications:  Recommendation: Design Review Committee recommends the Planning Commission approve the project with conditions. (PLN14-1519) EX PARTE COMMUNICATIONS Vice Chairperson Dariz reviewed this item at DRC. Commissioner Anderson reviewed this item at the DRC. Commissioner Wolff reviewed this project previously at Planning Commission. Commissioner van den Eikhof received a phone call from Royce Eddings, asking him if he had any questions about the project. Senior Planner Taylor gave an overview on the project, and gave the staff report. Planner Taylor stated a suggested change in the published staff report as follows:  Change to PC Resolution 2019-D, (Conditional Use Permit and Vesting Tentative Subdivision Map): Public Works, ON-SITE ROADWAYS conditions: 2. The structural pavement section for private roads shall be based on a Traffic Index (TI) = 6 and a 20 years design life. 5.5 and a 50-year design life. Planner Taylor and Director Dunsmore answered questions from the Commission. PUBLIC COMMENT The following members of the public spoke during public comment: Royce Eddings and Barry Ephraim. Mr. Ephraim shared a presentation on the project (Exhibit B) Vice Chairperson Dariz closed the Public Comment period to adjourn for a break at 8:21 p.m. Vice Chairperson Dariz called the meeting back to order at 8:26 p.m. and reopened the public comment period. Applicant Ephraim stated that he and staff are not in agreement on the affordable housing portion, and requested the Commission allow the Council to approve as recommended, to allow the project to proceed to the City Council. Vice Chairperson Dariz closed the Public Comment period. The Commission said there are options on the table with affordable housing and staff explained the option for in-lieu fees. The Commission agreed to go with staff’s recommendation, so the final decision will be made by City Council. 6 PC Draft Minutes of 5/7/19 Page 7 of 8 MOTION: By Commissioner Béraud and seconded by Commissioner Anderson to adopt PC Resolution 2019-A recommending the City Council certify Mitigated Negative Declaration No. 2019-0002, based on findings. Motion passed 5:0 by a roll-call vote. MOTION: By Commissioner Béraud and seconded by Commissioner Anderson to adopt PC Resolution 2019-B recommending the City Council approve a General Plan land use map amendment to change to designation of Lot 62 adjacent to El Camino Real from Medium Density Residential to General Commercial, based on findings. Motion passed 5:0 by a roll-call vote. MOTION: By Commissioner Béraud and seconded by Commissioner Anderson to adopt PC Resolution 2019-C recommending the City Council approve Title 9 Zone Text Amendments to the Planned Development Overlay Zone #24 (PD-24) and change the zoning of Lot 62 from RMF-10 to CR based on findings. Motion passed 5:0 by a roll-call vote. MOTION: By Commissioner Béraud and seconded by Commissioner Anderson to adopt PC Resolution 2019-D recommending the City Council approve a Conditional Use Permit (Master Plan of Development) and Vesting Tentative Subdivision Map (Tract 3070), based on findings and subject to Conditions of Approval and Mitigation Monitoring and to include staff’s changes as indicated. Motion passed 5:0 by a roll-call vote. 7 PC Draft Minutes of 5/7/19 Page 8 of 8 COMMISSIONER COMMENTS AND REPORTS None DIRECTOR’S REPORT Director Dunsmore will do a training session with the Planning Commission in the near future. Director Dunsmore gave an update on projects to be heard at the next meeting, and gave an update on the downtown traffic calming plan, which is now being referred to as the downtown enhancement plan. ADJOURNMENT – 8:49 p.m. The next Regular meeting of the Planning Commission is scheduled for May 21, 2019, at City Hall, Council Chambers, 6500 Palma Avenue, Atascadero. MINUTES PREPARED BY: ____________________________ Annette Manier, Recording Secretary Administrative Assistant The following Exhibits are available in the Community Development Department: Exhibit A – Revised Draft Resolution for Santa Rosa Map Exhibit B – Applicant’s PowerPoint presentation on Principal/Pino Solo Adopted 8 ITEM 2 | 5/21/2019 Final Parcel Map Acceptance FMP 19-0007 / Dynamic 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 FMP 19-0007 / SBDV18-0110 Final Parcel Map AT 18-0128 at 7330 & 7340 El Camino Real RECOMMENDATION: Staff recommends the Planning Commission ask the Planning Director to accept and approve Final Parcel Map 19-0007 (AT 18-0128) to subdivide one (1) commercial parcel into two (2) commercial parcels. PROJECT ADDRESS: 7330 & 7340 El Camino Real (7300 El Camino Real is original parcel address) Atascadero, CA APN 030-222-048 PROJECT PLANNER Callie Taylor, Senior Planner (805)470-3448 ctaylor@atascadero.org REPRESENTATIVE Pamela Jardini, Planning Solutions PROPERTY OWNER Dynamic Atascadero Investments, 1725 21st Street, Santa Monica, CA 90404 GENERAL PLAN DESIGNATION: ZONING DISTRICT: SITE AREA EXISTING USE PROPOSED USE Service Commercial (SC) Commercial Service (CS) 0.9 acres Med-Post Urgent Care Habit Restaurant (under construction) Same uses as existing, to be located on 2 separate parcels ENVIRONMENTAL DETERMINATION ☐ Environmental Impact Report SCH: ___________________________ ☐ Negative / Mitigated Negative Declaration No. ____ ☒ Categorical Exemption CEQA – Guidelines Section 15315 ☐ Statutory Exemption §§ 21000, et seq & ________________________ ☐ No Project – Ministerial Project 9 ITEM 2 | 5/21/2019 Final Parcel Map Acceptance FMP 19-0007 / Dynamic Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero DISCUSSION: Tentative Parcel Map SBDV18-0110 (Parcel Map AT 18-0128) was approved by the Planning Commission on December 4, 2018. The Tentative Parcel Map authorized the subdivision of one (1) existing commercial parcel into two (2) parcels so that the MedPost and the Habit Burger restaurant would be on separate parcels. As stated in AMC section 9-3.344, the Commercial Service zoning district did not have a minimum lot size requirement at the time of the approval of the tentative map. Existing Parcel 7330 & 7340 El Camino Real (7300 El Camino Real parent address) APN 030-222-048 Ptn Lot 13, 14 & 15, Block TA Gross Area: 39,005 sq. ft. (0.9 acres) Proposed Parcels Parcel 1 Area: 16,182 sq. ft. (approx. 0.4-acres) Existing Med Post Urgent Care 7330 El Camino Real Parcel 2 Area: 22,823 sq. ft. (approx. 0.5-acres) The Habit Restaurant under construction 7340 El Camino Real Staff has determined that Final Parcel Map AT 18-0128 is in substantial conformance with the approved Tentative Parcel Map AT 18-0128 (City file # SBDV18-0110). Pursuant to California Government Code Section 66474.1, the approving legislative body (Planning Commission) shall not deny a Parcel Map provided it finds the Parcel Map is in substantial conformance with the previously approved Tentative Parcel Map. The Public Works Director/City Engineer, Community Development Director, and City Surveyor have reviewed the Parcel Map and Conditions of Approval and find that the Conditions of Approval have been satisfied, and the Final Map is ready for City acceptance and recording. FISCAL IMPACT: None ATTACHMENT: Attachment A: Final Map 19-0007 (AT 18-0128) 10 ITEM 2 | 5/21/2019 Final Parcel Map Acceptance FMP 19-0007 / Dynamic Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Attachment A: Final Parcel Map 19-0007 (Parcel Map AT 18-0128) 7330 & 7340 El Camino Real, Dynamic 11 ITEM 2 | 5/21/2019 Final Parcel Map Acceptance FMP 19-0007 / Dynamic Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Attachment A: Final Parcel Map 19-0007 (Parcel Map AT 18-0128) 7330 & 7340 El Camino Real, Dynamic 12 ITEM 3 | 5/21/2019 Conditional Use Permit USE19-0017 / Broucaret 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 USE19-0017 13410 Santa Lucia Road Oversized Accessory Structure RECOMMENDATION(S): Staff Recommends: The Planning Commission (PC) adopt Resolution PC 2019 approving Conditional Use Permit (CUP) USE19-0017 allowing a 2,000 square-foot detached accessory structure based on findings and subject to Conditions of Approval. Project Info In-Brief: PROJECT ADDRESS: 13410 Santa Lucia Road Atascadero, CA APN 050-321-027 PROJECT PLANNER Mariah Gasch Assistant Planner 470-3436 mgasch@atascadero.org PROPERTY OWNER Kris Broucaret, Chelsea Broucaret GENERAL PLAN DESIGNATION: ZONING DISTRICT: SITE AREA EXISTING USE PROPOSED USE Rural Estate (RE) Residential Suburban (RS) 3.67 acres Single-Family Residence Oversized Accessory Structure ENVIRONMENTAL DETERMINATION ☐ Environmental Impact Report SCH: ___________________________ ☐ Negative / Mitigated Negative Declaration No. ___________ ☒ Categorical Exemption CEQA – Guidelines Section 15303 ☐ Statutory Exemption §§ 21000, et seq & ________________________ ☐ No Project – Ministerial Project 13 ITEM 3| 5/21/19 Conditional Use Permit USE19-0017 / Broucaret Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero DISCUSSION: Existing Surrounding Uses / Parcel Configurations: 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 building a 2,000-square foot, metal building. The site plan provided shows the new metal building located across the shared driveway from the existing residence and 30 feet away from the eastern property line. The proposed metal building will be approximately 14 feet tall from the ground to the eaves of the structure and 22 feet to the peak of the roofline. The front of structure will have three sectional doors: one 14 x 14 foot sectional and two 12 x 10 foot sectional. The building will also have a 14 x 14 foot sectional door at the rear and a standard door on the side of the building. The applicant is proposing to paint the exterior Ash Gray with a Charcoal Gray roof and Solar White trim. The applicant is also proposing planting five (5) new cedar trees along the western property line to provide a visual buffer between the structure and a neighboring residence to the west. Analysis: According to Atascadero Zoning Ordinance, residential accessory structures are permitted within the Residential Suburban zoning district. The Atascadero Municipal Residential Suburban (RS) 14 ITEM 3| 5/21/19 Conditional Use Permit USE19-0017 / Broucaret Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Code (AMC) states that accessory structures are limited to a floor area no greater than fifty percent (50%) of the gross floor area of the principle structure. Accessory structures may exceed the prescribed floor area if they are approved for a Conditional Use Permit by the Planning Commission (AMC 9-106). In accordance with the Atascadero Municipal Code (AMC), all buildings within the RS zoning district must be adhere to the 30 foot building height maximum (AMC 9.4.113(a)). All development in this district must also adhere to the following setback distances (AMC 9.4.106-108):  Front Setback: Twenty-five (25) feet  Side Setback: Five (5) feet  Rear Setback: Ten (10) feet The proposal also includes an approximately 45-foot extension of the existing shared driveway using a Class II gravel base. The project will not be connected to any utilities. The applicant plans to use the structure as a workshop and storage area for vehicles and tools associated with the hayfields on the site. The project is not expected to conflict with policies in the Atascadero General Plan or regulations in the AMC. Since the existing residence on the site is 900-square feet, the new structure exceeds the 50% requirement and therefore requires a Conditional Use Permit approved by the Planning Commission. The construction of the project is not expected to impact any of the native oak trees on the property , nor is it expected to have any impacts on the nearby Creek. Design and Scale The proposed structure would be highly visible from Santa Lucia Road as a field of hay is the only barrier. There is a residence nearby on the lot behind the subject parcel. The proposed structure will not be in front of the residence and additional trees will screen the building from the adjacent residence. The design that the applicant is proposing includes windows and a door facing Santa Lucia Road, giving the structure a more residential appearance. The applicant is proposing to paint the exterior Ash Gray with a Charcoal Gray roof and Solar White trim. Staff recommends adding a condition stating that the applicant shall paint the structure a dark color such as dark gray, brown or green to blend in with the surrounding trees and minimize its visual impact on Santa Lucia Road. If the Planning Commission approves the lighter color scheme, staff recommends adding a condition that the applicant plant vegetation around the structure to screen it from Santa Lucia Road. 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, 15 ITEM 3| 5/21/19 Conditional Use Permit USE19-0017 / Broucaret Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero et seq.) CEQA pursuant to CEQA Guidelines Section 153 03, because it is a new accessory structure and will not require any grading on slopes over 20%. This exemption is included in Exhibit A. FINDINGS: To approve the Conditional Use Permit, the Planning Commission must make the following findings. These findings and the facts to support these findings are included in the attached PC Resolution 2019. 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. That the proposed project or use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development; 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 6. Any additional findings deemed necessary. ALTERNATIVES: 1. The Planning Commission may include modificat ions 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. 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 16 ITEM 3| 5/21/19 Conditional Use Permit USE19-0017 / Broucaret Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Staff Report, oral testimony, site visit, correspondence, or any other rationale introduced and deliberated by the Planning Commission. ATTACHMENTS: 1. Location and Zoning 2. Aerial View 3. Site Photos 4. Draft Resolution PC 2019 17 ITEM 3| 5/21/19 Conditional Use Permit USE19-0017 / Broucaret Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHMENT 1: Location and Zoning USE19-0017 18 ITEM 3| 5/21/19 Conditional Use Permit USE19-0017 / Broucaret Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Proposed Shop Existing Residence ATTACHMENT 2: Aerial View USE19-0017 19 ITEM 3| 5/21/19 Conditional Use Permit USE19-0017 / Broucaret Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHMENT 3: Site Photos USE19-0017 View from Santa Lucia Road Building Area 20 ITEM 3 | 5/21/2019 Conditional Use Permit USE19-0017 / Broucaret 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 ATTACHMENT 4: Draft Resolution 2019 USE19-0017 DRAFT PC RESOLUTION 2019 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING USE19-0017, TO ALLOW THE CONSTRUCTION OF AN OVERSIZED ACCESSORY STRUCTURE 13410 SANTA LUCIA ROAD (050-321-027) WHEREAS, an application was received from Kris Broucaret & Chelsea Broucaret, 13410 Santa Lucia Road, Atascadero, CA 93422, (owners) for a Conditional Use Permit to construct an oversized accessory structure; and WHEREAS, the property is in the Residential Suburban zoning district; and WHEREAS, detached accessory structures in excess of fifty percent (50%) of the primary residence are subject to the approval of a minor Conditional Use Permit; 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 Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Conditional Use Permit; and WHEREAS, the Planning Commission reviewed the proposed Conditional Use Permit application on May 21, 2019, at 6:00 p.m. and considered testimony and reports from staff, the applicants, and the public. NOW THEREFORE, the Planning Commission of the City of Atascadero, California, 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 in Exibit A. 21 ITEM 3| 5/21/19 Conditional Use Permit USE19-0017 / Broucaret Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 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. The proposed structure has an agricultural appearance in keeping with the area. 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 the Zoning Ordinance; 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 this Conditional Use Permit, 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 Fact: The use of the accessory structure on the property includes the storage and repair of vehicles as well as hay storage. This is a typical use in residential single-family neighborhoods. The proposed structure will be constructed to meet the standards of the building code. 4. 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. There are similar accessory structures located on neighboring properties. 5. 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 accessory structure will not contribute additional traffic in the neighborhood. The use of the structure will be similar to uses currently onsite. No additional residential units will be added. 6. 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. 22 ITEM 3| 5/21/19 Conditional Use Permit USE19-0017 / Broucaret Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on November 6, 2018, resolved to approve Conditional Use Permit DEV 18-0071, subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Site Plan EXHIBIT C: Elevation Drawings EXHIBIT D: Floor Plans EXHIBIT E: Materials and Colors EXHIBIT F: Applicant Statement 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: ( ) ABSENT: ( ) ABSTAINED: ( ) ADOPTED: CITY OF ATASCADERO, CA _________________________________________ Tom Zirk Planning Commission Chairperson ATTEST: ___________________________________ Phil Dunsmore Planning Commission Secretary 23 ITEM 3 | 5/21/2019 Conditional Use Permit USE19-0017 / Broucaret 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 EXHIBIT A: Conditions of Approval USE 19-0017 Conditions of Approval USE19-0017 13410 Santa Lucia Road 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 accessory structure described in the attached exhibits and located on APN 050-321-027. 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 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 project 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 the Master Plan of Development. The Planning Commission shall have the final authority to approve any other changes to the Master Plan of Development and any associated Tentative Maps 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 neutral dark colors as approved by the Planning Commission. BP / FI 7. Building Height shall comply with the standards of the Zoning Ordinance. BP 8. The applicant shall plant trees to screen the structure from the residence on the adjacent lot. BP / FI Public Works Department Conditions 9. A Storm Water Control Plan will be required upon submittal of construction plans. BP Fire Department Conditions 10. 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 24 ITEM 3 | 5/21/2019 Conditional Use Permit USE19-0017 / Broucaret 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 EXHIBIT B: Site Plan USE19-0017 Proposed Detached Metal Shop 25 ITEM 3| 5/21/19 Conditional Use Permit USE19-0017 / Broucaret Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero EXHIBIT C: Elevations USE19-0017 14’ 14’ 22’ 26 ITEM 3 | 5/21/2019 Conditional Use Permit USE19-0017 / Broucaret 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 EXHIBIT D: Floor Plans USE19-0017 27 ITEM 3 | 5/21/2019 Conditional Use Permit USE19-0017 / Broucaret 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 EXHIBIT E: Materials and Colors USE19-0017 Colors Metal Siding Profile Charcoal Gray Ash Gray Solar White 28 ITEM 3 | 5/21/2019 Conditional Use Permit USE19-0017 / Broucaret 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 EXHIBIT F: Applicant Statement USE19-0017 29 ITEM 4 | 5/21/2019 Conditional Use Permit USE19-0043 / Murphy 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 USE19-0043 Conditional Use Permit for a Third Accessory Structure RECOMMENDATION(S): Staff Recommends: The Planning Commission (PC) adopt Resolution PC 2019 approving Conditional Use Permit (CUP) USE19-0043 allowing a 300 square foot detached accessory structure based on findings and subject to Conditions of Approval. Project Info In-Brief: PROJECT ADDRESS: 3000 San Fernando Road Atascadero, CA APN 050-231-011 PROJECT PLANNER Mariah Gasch Assistant Planner 470-3436 mgasch@atascadero.org PROPERTY OWNER Carolyn Murphy GENERAL PLAN DESIGNATION: ZONING DISTRICT: SITE AREA EXISTING USE PROPOSED USE Rural Estate (RE) Residential Suburban (RS) 4 acres Single-Family Residence Detached accessory structure to be used as a pool house ENVIRONMENTAL DETERMINATION ☒ Categorical Exemption CEQA – Guidelines Section 15303 30 ITEM 4 | 5/21/19 Conditional Use Permit USE19-0043 / Murphy Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero DISCUSSION: Existing Surrounding Uses / Parcel Configurations: Existing Zoning Existing Aerial / Surrounding North: South: East: West: Residential Suburban (RS) Residential Suburban (RS) Residential Suburban (RS) Residential Suburban (RS) Summary: The subject property is an approximately 4-acre parcel located within the Residential Suburban zoning district along San Fernando Road. The property is developed with a single-family residence and two permitted barns. A driveway provides access to the lot from the San Fernando Road along the northern property line. The applicant is proposing building an approximately 300 square foot accessory structure that will serve as pool house. Trees and existing structures will keep the proposed structure well hidden from adjacent properties since the structure is proposed at the rear of the site. 31 ITEM 4 | 5/21/19 Conditional Use Permit USE19-0043 / Murphy Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Analysis: According to Atascadero Zoning Ordinance, residential accessory structures are permitted within the Residential Suburban zoning district and are limited to a floor area no greater than fifty percent (50%) of the gross floor area of the principle structure. The code also limits each property to a total of two accessory structures unless a Conditional Use Permit is approved by the Planning Commission. The applicant proposes building a 300-square foot, pool house behind the existing house on the property. There are already two other permitted accessory structures on the site, so this would be the third structure. The pool house would be approximately fifteen (15) feet tall from the ground to the eaves the peak of the roofline. There would be two entrances to the structure: a sliding door facing the west and double doors facing south. The remaining two walls would each have a couple of multi-pane windows. The structure would match the existing residence with white horizontal siding with a blue and brown trim and dark grey shingled roof. The project is required to comply with Policies in the Atascadero General Plan and regulations in the AMC including setback, height, and the native tree regulations. The construction of the project is not expected to impact native trees on the property. However, the proposed structure would be third accessory structure and therefore requires a Conditional Use Permit approved by the Planning Commission . 32 ITEM 4 | 5/21/19 Conditional Use Permit USE19-0043 / Murphy Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 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.) CEQA pursuant to CEQA Guidelines Section 153 03, because it is a new accessory structure and will not require any grading on slopes over 20%. This exemption is included in Exhibit A. FINDINGS: To approve the Conditional Use Permit, the Planning Commission must make the following findings. These findings and the facts to support these findings are included in the attached PC Resolution 2018-A. 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. That the proposed project or use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development; 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 6. Any additional findings deemed necessary. ALTERNATIVES: 1. The Planning Commission may include modifications 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 33 ITEM 4 | 5/21/19 Conditional Use Permit USE19-0043 / Murphy Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 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. 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. Location and Zoning 2. Aerial View 3. Site Photos 4. Draft Resolution PC 2019 34 ITEM 4 | 5/21/19 Conditional Use Permit USE19-0043 / Murphy Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHMENT 1: Location and Zoning USE19-0043 35 ITEM 4 | 5/21/19 Conditional Use Permit USE19-0043 / Murphy Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Proposed Pool House Existing Residence Existing Detached Structures ATTACHMENT 2: Aerial View USE19-0043 36 ITEM 4 | 5/21/19 Conditional Use Permit USE19-0043 / Murphy Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHMENT 3: Site Photos USE19-0043 View of site from San Fernando Road Project location 37 ITEM 4 | 5/21/2019 Conditional Use Permit USE19-0043 / Murphy 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 ATTACHMENT 4: Draft Resolution 2019 USE19-0043 DRAFT PC RESOLUTION 2019 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING USE19-0043, TO ALLOW THE CONSTRUCTION OF A THIRD ACCESSORY STRUCTURE 3000 SAN FERNANDO ROAD (050-231-011) WHEREAS, an application was received from Carolyn Murphy (Owner) and Jeff Pickard (Representative), 3000 San Fernando Road, Atascadero, CA 93422, for a Conditional Use Permit to construct a third accessory structure; and WHEREAS, the property is in the Residential Suburban zoning district; and WHEREAS, any detached accessory structures in excess of two (2) structures permitted are subject to the approval of a minor Conditional Use Permit; and WHEREAS, the proposed project qualifies for 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 Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Conditional Use Permit; and WHEREAS, the Planning Commission reviewed the proposed Conditional Use Permit application on May 21, 2019, at 6:00 p.m. and considered testimony and reports from staff, the applicants, and the public. NOW THEREFORE, the Planning Commission of the City of Atascadero, California, 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 in Exibit A. 38 ITEM 4| 5/21/19 Conditional Use Permit USE19-0017 / Broucaret Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 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. The proposed structure has an appearance compatible with the architecture of the surrounding area. 2. The proposed project or use satisfies all applicable provisions of the Zoning Ordinance; 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 this Conditional Use Permit, 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 Fact: The use of the accessory structure on the property will be as a pool house. This is a typical use in residential single-family neighborhoods. The proposed structure will be constructed to meet the standards of the building code. 4. 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 behind the primary residential structure. The structure is residential in character and fits into the neighborhood. 5. 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 accessory structure will not contribute additional traffic in the neighborhood. The use of the structure will be similar to uses currently onsite. No additional residential units will be added. 6. The proposed project is in compliance with any pertinent City policy or criteria adopted by ordinance or resolution of the City Council. 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. 39 ITEM 4| 5/21/19 Conditional Use Permit USE19-0017 / Broucaret Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on May 21, 2019, resolved to approve Conditional Use Permit USE 19-0043, subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Site Plan EXHIBIT C: Elevation Drawings EXHIBIT D: Floor Plans 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: ( ) ABSENT: ( ) ABSTAINED: ( ) ADOPTED: CITY OF ATASCADERO, CA _________________________________________ Tom Zirk Planning Commission Chairperson ATTEST: ___________________________________ Phil Dunsmore Planning Commission Secretary 40 ITEM 4 | 5/21/2019 Conditional Use Permit USE19-0043 / Murphy 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 EXHIBIT A: Conditions of Approval USE19-0043 Conditions of Approval USE19-0043 3000 San Fernando 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 accessory structure described in the attached exhibits and located on APN 050-321-027. 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 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 project 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 the Master Plan of Development. The Planning Commission shall have the final authority to approve any other changes to the Master Plan of Development and any associated Tentative Maps 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 consistent with Exhibit E as approved by the Planning Commission. 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 41 ITEM 4 | 5/21/2019 Conditional Use Permit USE19-0043 / Murphy 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 EXHIBIT B: Site Plan USE19-0043 Existing accessory structures Existing residence Proposed pool house 42 ITEM 4| 5/21/19 Conditional Use Permit USE19-0017 / Broucaret Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero EXHIBIT C: Elevations USE19-0043 43 ITEM 4 | 5/21/2019 Conditional Use Permit USE19-0043 / Murphy 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 EXHIBIT D: Floor Plans USE19-0043 44