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Home My WebLink AboutPC Resolution 2020-0010PC RESOLUTION 2020-0010 AVVKUVLU ?57- 3EP Za?t7 CITY OF ATASCADERO PLANNING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING USE20-0061, TO ALLOW THE CONSTRUCTION OF AN OVERSIZED ACCESSORY STRUCTURE 7900 SINALOA (030-132-013) WHEREAS, an application was received from Joel and Briana Hitchen (Owner), 7900 Sinaloa Ave., Atascadero, CA 93422, for a Conditional Use Permit to allow the addition of an oversized accessory structure (garage); and WHEREAS, the site's General Plan Designation is High Density Residential; and WHEREAS, the property is in the Residential Multifamily (RMF -24) zoning district; and WHEREAS, any residential accessory structures in excess of fifty (50) percent of the primary residence on site are subject to the approval of a minor Conditional Use Permit; 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 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 September 15, 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. CEQA. 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 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: The existing single family use is considered to be existing non -conforming. Detached accessory structures are consistent with the existing residential land uses and Conservation Element Program 1.1.6, which 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 and existing structures on the property. 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. 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 will be for accessory storage. This is a typical use in of accessory structures on parcels containing residential uses. 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 towards rear of the property and behind the primary residential structure, with limited visibility from the public right of way. The structure is residential in character and fits into the neighborhood. 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. 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 and no additional residential units will be added. SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on September 15, 2020, resolved to approve Conditional Use Permit USE20-0061, subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Site Plan EXHIBIT C: Elevations EXHIBIT D: Floor Plan On motion by Commissioner Anderson, and seconded by Commissioner Shaw, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: Commissioners Anderson, Shaw, Keen, Zirk, van den Eikhof, Dariz (6) NOES: None (0) ABSENT: Commissioner Wolff ABSTAINED: None ADOPTED: September 15, 2020 CITY OF ATASCADERO, CA N4aik Dariz Planning Commission Chairperson ATTEST: Phil Dunsmore Planning Commission Secretary (1) (0) EXHIBIT A: Conditions of Approval USE20-0061 Conditions of Approval Timing USE20-0061 7900 Sinaloa Road. BL: Business License GP: Grading Permit Oversized Accessory Structure 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 Ongoing attached exhibits and located on APN 030-132-013. 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. 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. Exterior building and roof colors and materials shall be consistent with existing house BP / FI and neighborhood. The roof shall be a darker contrasting color than the walls, and shall match the neighborhood. 7. Add two high clerestory windows higher than 8 feet on the east facing side wall. BP/Fl Windows will be two (2) feet by four (4) feet, or as determined by staff and the applicant. 8. The code required minimum 10 -foot rear setback shall be maintained. BP / FI 9. All utilities servicing the accessory structure shall be installed underground. BP 10. Building Height shall comply with the standards of the Zoning Ordinance. BP 11.The proposed structure shall not be used as a secondary residential unit. The Ongoing accessory structure shall not have cooking facilities including a kitchen or wet bar. No overnight stays are permitted. U- < t It! Ix < _0 a) 0 0 a- C) < qq t � r , 5 t f $ ¢ f Y� c m �o 0 d o a N O y M 7 h N � O O OO = O IL N r y H � z W V t f. 'y{ V