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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 Page 2 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 Page 8