HomeMy WebLinkAbout2026.8.03_USE26-0039_NOA
CITY OF ATASCADERO
ADMINISTRATIVE HEARING
NOTICE OF ACTION
TO: Phil Dunsmore, Administrative Hearing Officer
FROM: Kelly Gleason, Planning Manager
PREPARED BY: Erick Gomez, Associate Planner
Samantha Cabrera, Planning Intern
SUBJECT: USE26-0039, Old Morro Road Sloping Lot Adjustment
RECOMMENDATION:
The Administrative Hearing Officer approve Administrative Use Permit USE26-0039, allowing an
oversized accessory structure with a sloping lot setback and neighboring residential setback
adjustment on a 0.51-acre lot, based on findings and subject to conditions of approval.
DISCUSSION:
PROJECT SUMMARY
The applicant, Cullen Joy, requests a sloping lot adjustment for an oversized accessory structure
with an accompanying setback adjustment for an addition to an existing residential accessory
structure. The resulting accessory structure floor area will exceed 50% of the floor area of the
primary residence and requires approval of two setback exceptions, necessitating approval of
this use permit. The subject property is 0.51-acre corner lot in the Residential Suburban (RS)
zoning district located at 9950 Old Morro Road (APN 056-451-010). The garage addition is
currently constructed. Permits are being sought retroactively.
Sloping Lot Adjustment
The Atascadero Municipal Code (AMC) requires a minimum of 25’ front setback in the Residential
Suburban (RS) zone. Corner lots are allowed a reduced front setback of 10’ along their secondary
frontage. Any street setback may be further reduced to a minimum of 5’ for a private garage
subject to the approval of an AUP for a Sloping Lot Adjustment. To qualify for the exception, the
applicant must show that the elevation of the site at a point 50 feet onto the property from the
centerline of the adjacent street in the vicinity of the garage is seven feet above or below the
elevation of the street centerline.
The property is a corner lot with a primary front setback along Old Morro Road and secondary
street setback along Morro Road. The as-built garage addition is eligible for a sloping setback
adjustment because the property is topographically located approximately 13 feet above the
elevation of the centerline of the Morro Road, as depicted on the site plan. The as-built structure
is nearly imperceptible from Morro Road due to the elevation of the property and an existing six-
foot privacy fence installed along the property line that abuts Morro Road. The existing privacy
fence is allowed to remain in its location because it is consistent with nature of the surrounding
neighborhood and does not impair sight distance for vehicular traffic.
ITEM # 1
Department: Community
Development
Date: 08/03/2026
Docusign Envelope ID: 97CB0B77-9128-8A5B-80D6-E0F64536741A
08/03/2026 | Item 1 | Notice of Action
Oversized Accessory Structure
Residential accessory structures, such as garages, are permitted in the RS zoning district, with
structures limited in size to 100% of the gross floor area of the principal structure, up to 2,000
SF, or whichever is less. Structures that exceed 50% of the floor area of the principal structure
are subject to the following additional development standards:
1. Accessory structure shall not be located between the primary structure and the public
roadway
2. Accessory structure must be compatible with the pattern of development in the
neighborhood and compatible with the architectural style of the primary structure
3. The accessory structure is located on a conforming lot at least one acre
4. The accessory structure does not block sunlight for adjacent properties, alter site distance
for roads or driveways, or alter visual quality of the property
5. The accessory structure can be built to avoid substantial grading and removal of
significant native trees
6. The accessory structure shall be located no closer than 10’ to the side property line
7. The accessory structure shall be located no closer than 40’ to the nearest residential
dwelling
Exceptions to these criteria may be approved subject to approval of an Administrative Use Permit
(AUP).
The proposed structure triggers application of these additional development standards because
it exceeds 50% of the floor area of the principal structure. The primary structure on the property
is a 1,774 SF Colony House. The existing 660 SF garage with the proposed addition will be 1,102
SF, equivalent to 62% the floor area of the existing colony house. The project requires approval
an AUP to allow the following as exceptions to standards number 3 and 7 listed above:
• Placement of an oversized accessory structure on a lot less than one-acre; and
• Placement of an oversized accessory structure approximately 30 feet from the single-
family residence on the south adjacent property at 9954 Old Morro Road East.
The project will continue to be consistent with the intent of the AMC if the two exceptions are
approved. The building is already located 30 feet from the neighboring residential structure. The
project will not reduce that distance because it expands the garage on the side furthest away
from the neighboring residence and towards Morro Road. The limited scope and orientation of
the addition do not affect the rural residential character of the property even though it is less
than an acre in size.
The project complies with remaining applicable development standards. The proposed addition
will utilize horizontal siding on exterior walls and a gable roof to match the style of the existing
colony house. The limited expansion to the existing structure keeps the building compatible with
the pattern of development in the neighborhood in design and size. The project construction
location avoids grading and the removal of significant native trees. The project will not block
sunlight for south adjacent properties, alter site distance for roads or driveways, or alter visual
Docusign Envelope ID: 97CB0B77-9128-8A5B-80D6-E0F64536741A
08/03/2026 | Item 1 | Notice of Action
quality of the property. The orientation of the existing building and location of the addition will
make the project discreet and innocuous to neighboring properties.
FINDINGS:
AMC 9-1.112 requires the Administrative Hearing Officer to make the following 4 findings:
1. Finding: Modification of the applicable standard will not result in a project that is incon-
sistent with the General Plan.
Fact: The project is consistent with the 2025 General Plan to retain Atascadero’s rural
character and land use pattern. The proposed limited addition will expand an existing
building towards Highway 41 without affecting neighboring properties or affecting the
low density/intensity character of the neighborhood’s RE land use designation.
2. Finding: Modification of the applicable standards will not result in a project that is incon-
sistent with the character of the neighborhood or contrary to its orderly development.
Fact: The project is consistent with the intent of the RS zone. The orientation of the
building and setback reduction allow for a project design that avoids grading, removal of
significant native trees, and potential encroachment onto the adjacent properties, and
retains the integrity of surrounding rural character.
3. Finding: 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.
Fact: The project, as conditioned, will not conflict with any applicable City policy or cri-
teria and is consistent with all applicable provisions of the Atascadero Municipal Code.
4. Finding: Modification of the applicable standard will not result in the authorization of a
use not otherwise allowed.
Fact: Residential accessory structures, such as garage additions, are allowed in the RS
zoning district.
ENVIRONMENTAL DETERMINATION:
The proposed project qualifies for a Class 3 exemption 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.) pursuant to CEQA
Guidelines Section 15303, “New Construction or Conversion of Small Structures.”
CONCLUSION:
The request to allow a 442 SF garage addition to an existing garage meets all the applicable re-
quirements of the City’s Municipal Code with approval of this Administrative Use Permit. The
structure is compatible with other on-site structures and neighboring development.
Docusign Envelope ID: 97CB0B77-9128-8A5B-80D6-E0F64536741A
08/03/2026 | Item 1 | Notice of Action
CONDITIONS:
1. Approval of Administrative Use Permit USE26-0039, as depicted and described in the
following attachments, allows a sloping lot setback adjustment for a garage addition to
an existing garage at 9950 Old Morro Road, Atascadero, CA 93422 (APN 056-451-010),
as depicted on the attached plans. The approval of this entitlement runs with the land,
regardless of the owner.
2. Exterior wall siding materials shall use horizontal fiber cement or similar material to
match the style of the existing Colony Home. The siding color shall match or be
compatible with the color of the main residence.
3. Exterior lighting conditions shall follow any applicable standards of the Atascadero
Municipal Code.
4. A building permit shall be submitted to bring the garage addition into compliance with
any applicable standards of the Atascadero Municipal Code and building codes.
5. The approval of this entitlement shall become final and effective for the purposes of
issuing building permits fourteen (14) days after the Administrative Officer action unless
an appeal is made in accordance with the Atascadero Municipal Code.
6. Approval of this entitlement 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 building permits have been issued for the project and the project has received a
certificate of occupancy from the City.
7. The Community Development Department shall have the authority to approve minor
changes to the project that result in a superior site design or appearance
8. The Applicant shall define, 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 this administrative use permit.
ACTION:
☐ APPROVE ☐ APPROVE AS MODIFIED ☐ DENY
☐ CONTINUE TO ALLOW _________________________________________________________
SIGNED:
Phil Dunsmore, Administrative Hearing Officer Date
ATTACHMENTS:
1. Site Pictures
2. Project Plans
Docusign Envelope ID: 97CB0B77-9128-8A5B-80D6-E0F64536741A
X
8/5/2026
08/03/2026 | Item 1 | Notice of Action
ATTACHMENT 1: Site Pictures
USE26-0039
Aerial View: Subject Property Zoned RS
Garage addition
location
Docusign Envelope ID: 97CB0B77-9128-8A5B-80D6-E0F64536741A
08/03/2026 | Item 1 | Notice of Action
East Façade of (E) Garage with As-Built Addition
West Façade of (E) Garage with As-Built Addition
Docusign Envelope ID: 97CB0B77-9128-8A5B-80D6-E0F64536741A
08/03/2026 | Item 1 | Notice of Action
Interior of (E) Garage with As-Built Addition
View of (E) Garage with As-Built Addition from Morro Road
Docusign Envelope ID: 97CB0B77-9128-8A5B-80D6-E0F64536741A
(E) Colony House / Primary Structure
Docusign Envelope ID: 97CB0B77-9128-8A5B-80D6-E0F64536741A
ATTACHMENT 2: Project Plans
USE26-0039
See Following Sheets
Docusign Envelope ID: 97CB0B77-9128-8A5B-80D6-E0F64536741A