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HomeMy WebLinkAboutPC Resolution 2020-0003PC RESOLUTION 2020-0003 „a 3 2020 CITY OF ATASCADERO PLANNING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING USE20-0007, TO ALLOW THE CONSTRUCTION OF AN OVERSIZED ACCESSORY STRUCTURE 655 N. FERROCARRIL (049-044-033) WHEREAS, an application was received from Cody Joy, 655 N. Ferrocarril, Atascadero, CA 93422, (owner) for a Conditional Use Permit to construct an oversized accessory structure; and WHEREAS, the property is in the Single -Family Residential 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 March 3, 2020, 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. 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 Single -Family Residential 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 a garage, a carport, and storage space. 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 a carport stall for one vehicle and indoor garage and storage space. 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: There are similar accessory structures located on neighboring properties. The recommended color pallet will be compatible with the existing residence and is compatible with the surrounding structures. 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. The proposed structure, with staff recommended conditions, is compliant with all related zoning codes and plans. SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on March 3, 2020, resolved to approve Conditional Use Permit USE20-0007, subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Site Plan EXHIBIT C: Elevations EXHIBIT D: Floor Plan EXHIBIT E: Applicant Statement On motion by Commissioner Zirk, and seconded by Commissioner Anderson, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: Anderson, Shaw, Wolff, Keen, Zirk, van den Eikhof, Dariz (7 ) NOES: None (0 ) ABSENT: None (0 ) ABSTAINED: None (0 ) ADOPTED: March 3, 2020 CITY OF ATASCA CA ark Dariz Planning Commission Chairperson ATTEST: Phil Dunsmore Planning Commission Secretary EXHIBIT A: Conditions of Approval USE20-0007 Conditions of Approval Timing USE20-0007 BL: Business License GP: Grading Permit 655 N. Ferrocarril Road BP: Building Permit FI: Final Inspection Detached Accessory Structure TO: Temporary Occupancy FO: Final Occupancy Planning Services Conditions 1. This Conditional Use Permit shall allow the accessory structure described in the Ongoing attached exhibits and located on APN 050-321-027. 2. The approval of this use permit shall become final and effective for the purposes of Ongoing 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. 3. The Community Development Department shall have the authority to approve the BP 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. 4. Approval of this Conditional Use Permit shall be valid for twenty-four (24) months BP 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. 5. The applicant shall defend, indemnify, and hold harmless the City of Atascadero or its Ongoing 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. 6. Architectural elevations shall be consistent with Exhibit C. Exterior building and roof BP / FI colors and materials shall be neutral colors as approved by the Planning Commission. 7. Building Height shall comply with the standards of the Zoning Ordinance. BP 8. Provide permit records for the horse stalls structure. If the structure is unpermitted, it BP/FI shall be permitted or removed prior to finalization of the building permit for the new garage. 9. Per Mitigated Negative Declaration 2003-0054, monitoring is required during all BP/FI trenching and excavation. The applicant shall consult with a qualified archaeologist, who shall monitor all trenching and excavation proposed. A contract with an archaeological monitor shall be submitted with construction permit submittal. A letter will be required from the archeologist summarizing his/her observations prior to final inspection. 10. Cargo container shall be removed or permitted upon completion of all building FI permits. Public Works Department Conditions 11. The proposed structure is located in Flood Zone A (with a known Base Flood BP Elevation, BFE). The subdivision was constructed well above the BFE and the proposed structure should not be subject to flooding. However, because this area is still within Flood Zone A, prior to a final inspection, a FEMA Elevation Certificate is required to be prepared by a Licensed Land Surveyor and submitted to the City Engineer. Fire Department Conditions 12. The detached accessory structure shall comply with all Fire Department standards BP and requirements including for fire sprinklers; driveway length, width, surface and slope; dry line; and fire truck turnaround. A fire hydrant must be located no further than 500' from the proposed structure. EXHIBIT B: Site Plan USE20-0007 /j Proposed garage Existing horse stalls ! /! EX$i1N69Y 9S`� s ! , ��. ''� !, •� �! Wim„ /. / / f i ' { ! I axsmwpaua a ! ! 1 ! 9 Existing residence EXHIBIT C: Elevations USE20-0007 WWx4WLxl.CIVH WWx40LXIWIW" 3WWx4WLx1*/V14 EXHIBIT D: Floor Plan USE20-0007 12ft Total +Ater ar square foo Oft 0 w EXHIBIT E: Justification Statement USE20-0007 655 N Ferrocarril Justification Statement t RECEIVFD Detached Garage JAN 7 3 MO CoNtAITY DIMLOPMENT Included is a proposal for a secondary structure functioning as a garage unit. Per the city requirements, we are mandated to have a 2Ox2O enclosed garage unit. Given that our house is rather small, we are in the process of converting our garage into living space thus we will be in need of a new garage. Unfortunately, our lot is limited due to two PG&E casements which only allow us to build on a small portion of our acre of land. With this in mind, we are intending to use our garage as a work shop wh!W still meeting city requirements and utilizing our usable land in the most efficient way possible. The best way to do this is to create one larger structure to encompass all of the above steeds Our home is currently 1,041 square feet, with CKjr addition; it will be 1,437 thus creating a structure under 50% of our floor area would propose quite a challenge In creating our garage, we have chosen neutral colors and quality materials as to remain aesthetically pleasing to the community. With the homes around us having similar lots sizes, there are many shops and covered parking areas with similar appearances. This structure includes an 18x4O main garage with an attached lean to that is 12x20 totaling to 960 square feet of interior space. This achieves the 20x24 enclosed parking area required by the city and allows us some room for a work shop and storage as well. In all, we aim to create a functional garage that both meets the city's requirements and our home needs. We hope this statement clarifies our plans for the sftcture, the need for building a larger st,,ucture and the -Nays that it will be a positive addition to our hornelland. Shouid you have any further questions regarding these plans, please feel free to contact us,