HomeMy WebLinkAboutPC_2022-03-15_AgendaPacket
CITY OF ATASCADERO PLANNING COMMISSION AGENDA
In accordance with City Council Resolution No. 2022-006 and the requirements of AB
361, the Planning Commission Meeting will not be physically open to the public and
Planning Commissioners will be teleconferencing into the meeting.
HOW TO OBSERVE THE MEETING:
To maximize public safety while still maintaining transparency and public access, the meeting
will be available by clicking on the following link:
Planning Commission - 832 5023 8111 (No Passcode Required)
https://us02web.zoom.us/j/83250238111?pwd=SG9OdGxyNHNTNmxRWEpHTzRQK0VnQT09
HOW TO SUBMIT PUBLIC COMMENT:
Members of the public are highly encouraged to participate in live public comment through
the Zoom platform using the link above or by calling 669-900-6833 to listen and provide public
comment via phone.
If you wish to comment but not via a live platform, please email public comments to:
pc-comments@atascadero.org by 12:00 pm on the day of the meeting. Such email
comments must identify the Agenda Item Number in the subject line of the email. The
comments will be forwarded to the Planning Commission and made a part of the
administrative record. If a comment is received after the deadline for submission but before
the close of the meeting, the comment will still be included as a part of the administrative
record of the meeting but will be forwarded to the Planning Commission the next business
day. Please note, email comments will not be read into the record.
AMERICAN DISABILITY ACT ACCOMMODATIONS:
Any member of the public who needs accommodations should contact the City Clerk’s Office
at cityclerk@atascadero.org or by calling 805-470-3400 at least 48 hours prior to the meeting
or time when services are needed. The City will use their best efforts to provide reasonable
accommodations to afford as much accessibility as possible while also maintaining public
safety in accordance with the City procedure for resolving reasonable accommodation
requests.
Planning Commission agendas and minutes may be viewed on the City's website:
www.atascadero.org.
Copies of the staff reports or other documentation relating to each item of business referred to on
the Agenda are on file in the Community Development Department and are available for public
inspection on our website, www.atascadero.org. Contracts, Resolutions and Ordinances will be
allocated a number once they are approved by the Planning Commission. The Minutes of this
meeting will reflect these numbers. All documents submitted by the public during Planning
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 by contacting the Community Development
Department. All documents are available for public inspection during City Hall business hours by
appointment.
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, March 15, 2022
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 Jeff van den Eikhof
Vice Chairperson Tori Keen
Commissioner Jason Anderson
Commissioner Victoria Carranza
Commissioner Greg Heath
Commissioner Randy Hughes
Commissioner Dennis Schmidt
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. APPROVE THE DRAFT MINUTES OF MARCH 1, 2022
• Recommendation: Commission approve the March 1, 2022 Minutes.
City of Atascadero Planning Commission Agenda Regular Meeting, March 15, 2022
Page 2 of 4
WEBSITE: www.atascadero.org
http://www.facebook.com/planningatascadero
@atownplanning
Scan this QR Code
with your smartphone
to view the Planning
Commission Website.
PLANNING COMMISSION BUSINESS
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, 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. CONDITIONAL USE PERMIT FOR 8850 SANTA ROSA ROAD
The proposed project includes a minor Conditional Use Permit to open a Brown
Butter Cookie Company bakery service to support online and in-store retail sales.
The project is exempt from the California Environmental Quality Act (CEQA),
under Categorical Exemption § 15332, Class 1 Existing Facilities Projects.
Recommendation: Staff’s recommendation is to approve the project with
conditions. (USE22-0024).
3. CONDITIONAL USE PERMIT AMENDMENT FOR 8575 EL CENTRO
The proposed project includes a minor Conditional Use Permit to the Master Plan
of Development (Resolution PC1999-044) to build an Accessory
Structure/Studio. The project is consistent with previously Certified Mitigated
Negative Declaration approved 10/12/99.
Recommendation: Staff’s recommendation is to approve the project with
conditions. (AMND22-0023).
4. ZONE CHANGE FOR 5901 EAST MALL
The proposed project includes a Planned Development (PD) overlay zone for
Centennial Plaza lots. The PD would guide future development towards
restaurant and retail development subject to specific design standards. The
project is exempt from the California Environmental Quality Act (CEQA), under
Categorical Exemption § 15305, Class 5 Minor Alterations to land use limitations.
Recommendation: Staff’s recommendation is to approve the project with
conditions. (ZCH22-0022).
City of Atascadero Planning Commission Agenda Regular Meeting, March 15, 2022
Page 3 of 4
WEBSITE: www.atascadero.org
http://www.facebook.com/planningatascadero
@atownplanning
Scan this QR Code
with your smartphone
to view the Planning
Commission Website.
COMMISSIONER COMMENTS AND REPORTS
DIRECTOR’S REPORT
ADJOURNMENT
The next regular meeting will be held on April 5, 2022, 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, March 15, 2022
Page 4 of 4
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 during 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 reasonable 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 3/1/2022
Page 1 of 5
ITEM NUMBER: 1
DATE: 3-15-22
CITY OF ATASCADERO
PLANNING COMMISSION
DRAFT MINUTES
Regular Meeting – Tuesday, March 1, 2022 – 6:00 P.M.
City Hall (Teleconference)
6500 Palma Avenue, Atascadero, California
CALL TO ORDER - 6:00 p.m.
Chairperson van den Eikhof called the meeting to order at 6:00 p.m. and Commissioner
Hughes led the Pledge of Allegiance.
ROLL CALL
Present: By Teleconference - Commissioners Anderson, Carranza, Heath,
Hughes, Schmidt, and Chairperson van den Eikhof
Absent: Vice Chairperson Keen (arrived late)
Vacant: None
Others Present: By Teleconference - Recording Secretary, Annette Manier
Staff Present: By Teleconference –
Community Development Director, Phil Dunsmore
Deputy Community Development Director, Loreli Cappel
Associate Planner, Mariah Gasch
Staff Absent: None
APPROVAL OF AGENDA
MOTION: By Commissioner Schmidt and seconded by
Commissioner Carranza to approve the Agenda.
Motion passed 6:0 by a roll-call vote.
(Vice Chairperson Keen absent)
Vice Chairperson Keen arrived at 6:03 p.m.
1
PC Draft Minutes of 3/1/2022
Page 2 of 5
ITEM NUMBER: 1
DATE: 3-15-22
PUBLIC COMMENT
None
Chairperson van den Eikhof closed the Public Comment period.
CONSENT CALENDAR
1. APPROVE THE DRAFT MINUTES OF FEBRUARY 15, 2022
• Recommendation: Commission approve the February 15, 2022 Minutes.
MOTION: By Commissioner Anderson and seconded
by Commissioner Heath to approve the
Consent Calendar.
Motion passed 7:0 by a roll-call vote.
PLANNING COMMISSION BUSINESS
None.
COMMUNITY DEVELOPMENT STAFF REPORTS
None.
PUBLIC HEARINGS
2. AMENDMENT FOR HOME DEPOT CENTER AT 905 EL CAMINO REAL
The proposed project includes an Amendment to the Home Depot Use Permit to
allow a new Tool Rental Center (TRC) building addition. The project is exempt
from the California Environmental Quality Act (CEQA), under Categorical
Exemption §15332, Class 1 Existing Facilities Projects
Recommendation: Staff’s recommendation is to approve the project with
conditions. (AMND21-0094)
EX PARTE COMMUNICATIONS
Commissioner Schmidt discussed this item with a neighbor, Kevin Hokit last week. Mr.
Hokit wished that the DRC had discussed if when the rental equipment leaves the
property, will Home Depot start these machines up or show people how to operate these?
Commissioner Anderson asked for clarification on his ex parte from the previous meeting,
and Director Dunsmore answered his question.
Commissioners Anderson, Hughes, Heath, Keen and Carranza had no ex parte.
Chairperson van den Eikhof saw this item at the DRC.
Deputy Director Cappel presented the staff report and she and Director Dunsmore
answered questions from the Commission.
2
PC Draft Minutes of 3/1/2022
Page 3 of 5
ITEM NUMBER: 1
DATE: 3-15-22
PUBLIC COMMENT
The following members of the public spoke: Scott Mommer, Site Development
Coordinator for Home Depot.
Chairperson van den Eikhof closed the Public Comment period.
MOTION: By Vice Chairperson Keen and seconded by
Commissioner Hughes to adopt the PC
Resolution to approve a Conditional Use
Permit Amendment to allow for a building
addition to the Home Depot Commercial
building that will include a new tool and
equipment rental center, with Conditions 6,
7, and 8 to be in a separate motion, subject
to findings and the following conditions of
approval:
1. All exterior building lighting shall be fully shielded to
limit light intrusion onto adjacent properties while
providing for adequate perimeter safety.
2. Conditions from previous CUP project remain valid.
(CUP99-011).
3. Applicant must provide a photometric plan with
building permit application.
4. Applicant shall provide a formal site plan that
identifies the location of all seasonal sales, events and
outdoor storage to include locations and calendar.
5. Applicant must add additional landscape screening at
the southwest corner of the property to buffer visual
impacts to properties.
6-8 moved to separate motion below.
9. Any agreed modifications must be made prior to
issuance of construction permit.
* Condition that all long bed trucks do not idle on the
south side of the building.
* Per OSHA, trucks cannot idle for more than 5 minutes.
* Applicant must submit (prior to final) a copy of the list
of project conditions.
Motion passed 7:0 by a roll-call vote.
MOTION: By Commissioner Carranza and seconded
by Vice Chairperson Keen to add the
following action/conditions, with omitted
Conditions now added as new Conditions
under separate motion.
3
PC Draft Minutes of 3/1/2022
Page 4 of 5
ITEM NUMBER: 1
DATE: 3-15-22
• Home Depot, Westar and City staff (or any combination thereof) will meet
and discuss possible areas for modifications to both the City’s PD9
overlay zone and HD/Westar Lease Agreement in conjunction with the
General Plan Update process.
• Staff meet with Westar to request that they submit an official request to
Home Depot to review and make a good faith effort to review to amend
the Non-Compete Clause/Lease Agreement to provide additional
occupancy and synergy to the Home Depot and Springhill Suites
Commercial Center.
Motion passed 7:0 by a roll-call vote.
3. ZONE CHANGE FOR 5901 EAST MALL (TO BE CONTINUED TO MARCH 15,
2022)
The proposed project includes a Planned Development (PD) overlay zone for
Centennial Plaza lots. The PD would guide future development towards restaurant
and retail development subject to specific design standards. The project is exempt
from the California Environmental Quality Act (CEQA), under Categorical
Exemption § 15305, Class 5 Minor Alterations to land use limitations.
Recommendation: Staff’s recommendation is to approve the project with
conditions. (ZCH22-0022).
Director Dunsmore stated that this item will be continued to a date certain of March 15,
2022.
MOTION: By Commissioner Anderson and seconded
by Commissioner Hughes to continue
ZCH22-0022 to March 15, 2022.
Motion passed 7:0 by a roll-call vote.
COMMISSIONER COMMENTS AND REPORTS
None
DIRECTOR’S REPORT
Director Dunsmore stated that the Commission will hear SB9 on the first hearing in April.
Director Dunsmore answered Commissioner Carranza’s question in regards to the
Climate Action Plan. Director Dunsmore will provide additional information at the next
meeting under Director’s Report and stated that Senior Planner Gleason will provide the
update.
4
PC Draft Minutes of 3/1/2022
Page 5 of 5
ITEM NUMBER: 1
DATE: 3-15-22
Director Dunsmore stated that the next meeting will be held on March 15, 2022 and the
Commission will hear an Amendment to a CUP for El Centro, the Zone Change that is
being continued, and a CUP for the Brown Butter Cookie Company.
ADJOURNMENT – 7:42 p.m.
The next regular meeting is scheduled for March 15, 2022, at City Hall, Council
Chambers, 6500 Palma Avenue, Atascadero.
MINUTES PREPARED BY:
____________________________
Annette Manier, Recording Secretary
Administrative Assistant
5
ITEM 2
Brown Butter Cookie Company
USE22-0024/ The Little Market, Inc.
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
USE 22-0024
8850 Santa Rosa Road / Brown Butter Cookie Company
RECOMMENDATION(S):
Planning Commission adopt PC Resolution 2022 approving USE22-0024 allowing a
Manufacturing, Repair, and Processing-Low Intensity use in the Commercial Retail (CR)
zone, based on findings and subject to Conditions of Approval.
Project Info In-Brief:
PROJECT
ADDRESS: 8850 Santa Rosa Road Atascadero, CA APN 056-141-018
PROJECT
PLANNER
Bailey Sullivan
Assistant Planner (805) 470-3404 bsullivan@atascadero.org
APPLICANT The Little Market Inc.
Brown Butter Cookie Co.
Traci Hozie
PROPERTY
OWNER
Henry Minardo
GENERAL PLAN
DESIGNATION:
ZONING
DISTRICT:
SITE
AREA EXISTING USE PROPOSED USE
General Commercial Commercial
Retail (CR)
0.83
Acres Gym/ Vacant
Indoor Manufacturing,
Repair, and Processing
(Low Intensity)-Bakery for
online and retail stores.
ENVIRONMENTAL DETERMINATION
☐ Environmental Impact Report SCH: ___________________________
☐ Negative / Mitigated Negative Declaration No. ___________
☒ Categorical Exemption CEQA – Guidelines Section 15301
☐ Statutory Exemption §§ 21000, et seq & ________________________
☐ No Project – Ministerial Project
6
ITEM 2
Brown Butter Cookie Company
USE22-0024/ The Little Market, Inc.
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:
Commercial Retail/
Residential Multi-Family
(CR/RMF-10)
Residential
Single-Family
(RSF-Y/RSF-X)
Commercial
Tourist/Commercial
Service/ HWY 101 (CT/CS)
Residential
Single-Family/
Public Facilities
(RSF-X, RSF-Y/ P)
Project Description / Summary
The proposed project consists of an application for a Minor Conditional Use Permit to
allow for an indoor manufacturing, repair, and processing- low intensity bakery service in
the Commercial Retail zoning district. The project consists of a bakery to support online
and in-store retail sales. The 9,860 SF building is existing and was previously occupied
by Champions Gym. The space is currently vacant.
The proposed Brown Butter Cookie Co. bakery is owned by the Little Market Inc. (DBA
Brown Butter Cookie Co.), which operates retail storefronts in Cayucos, Paso Robles,
and San Luis Obispo. Brown Butter Cookie Company proposes to utilize the vacant
building as bakery space to support two of the three retail storefronts, along with their
mobile food truck program (Cookies and Custard) and online services. This location will
7
ITEM 2
Brown Butter Cookie Company
USE22-0024/ The Little Market, Inc.
Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
not include a retail component and will not be open to the public. The primary use will be
for baking, packaging, and shipping purposes.
Analysis
The proposed project is a Minor Conditional Use Permit for a bakery (Manufacturing,
Repair, and Processing-Low Intensity service) in the Commercial Retail zone. The
applicant proposes to use 100% of the floor space with the following tenant
improvements:
• Replace existing floors with kitchen appropriate floor with coving in all food prep
areas and put carpet in office areas;
• Install two (2) ovens with hoods;
• Install two (2) dishwashers;
• Install two (2) three-compartment sinks;
• Install two (2) mop sink and floor drains;
• Install two (2) grease traps;
• Install FRP on all wall surfaces in food prep areas; and
• Provide four (4) production tables
Proposed hours of operation are Monday through Friday 6:00 A.M.-8:00 P.M. and
Saturday/Sunday 6:00 A.M.-3:00 P.M.
Manufacturing, Repair, and Processing-Low Intensity services (AMC 9-3.500), are
defined as those producing or processing foods and beverages for human consumption
where no retail component exists. The Atascadero Municipal Code (AMC 9-3.330) allows
this use in the Commercial Retail zone with a Conditional Use Permit. The Planning
Commission has the authority to approve or deny the CUP subject to findings, and to
adopt conditions of approval.
Parking
AMC 9-4.118 requires one (1) parking space per 500 square feet of active use area within
a building for manufacturing and processing uses. Based on the municipal code’s parking
requirements, nineteen (19) parking spaces will be required. The existing parking lot has
forty (40) parking spaces and two (2) accessible parking spaces. Existing parking meets
the zoning code requirements.
Noise
Brown Butter Cookie Company does not anticipate any noise to emanate from the
building to the outdoors especially since there is no retail component. The only traffic
noise that will be generated will be from the employees, which will include bakers and the
packaging/shipment team. The adjacent properties include a building supply shop, which
also participates in packaging and shipment, and a Holiday Inn hotel.
8
ITEM 2
Brown Butter Cookie Company
USE22-0024/ The Little Market, Inc.
Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
Existing Landscaping
Design & Landscaping
There will be no public access to the space. The applicant is proposing no design or
landscaping changes at this time, as it will just be used as indoor manufacturing space.
In Section 9-4.119 subsection (f) of the Atascadero Municipal Code, a minimum of 10%
of the interior of all parking lots is required to be landscaped and shade trees are to be
planted at approximately 30-foot intervals along parking rows. The site does not currently
meet the shade tree requirements from the municipal code. Staff has added a condition
that four (4) 15-gallon trees are to be planted onsite as shade trees for the parking lot.
These trees can include Coast Live Oaks, Valley Oaks, Chinese Pistaches, London
Sycamores, or Ornamental Pears.
Trash Enclosure
March 8, 2022 City Council adopted new trash enclosure standards. Staff has added a
condition that the trash enclosure meet the newly adopted standards.
Signs
The applicant is proposing a small sign on the front door of the building. No large-scale
signs are being proposed, as this will not be a retail storefront. Staff has added a
condition that all signs shall meet municipal code standards.
9
ITEM 2
Brown Butter Cookie Company
USE22-0024/ The Little Market, Inc.
Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
ENVIRONMENTAL DETERMINATION:
The proposed project is Categorically Exempt (Class 1) 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 15301, because it involves an
interior remodel and no expansion of an existing use.
FINDINGS:
To approve USE 22-0024, the Planning Commission must make the following findings.
These findings and the facts to support these findings are included in the attached
resolution.
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; and
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
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 applican t and staff
to develop the additional information. The Commission should clearly state the
10
ITEM 2
Brown Butter Cookie Company
USE22-0024/ The Little Market, Inc.
Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
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. Draft Resolution 2022
2. Aerial Photo
3. Existing Site Layout
4. Proposed Tenant Improvements
5. Elevation
6. Proposed Kitchen and Oven Improvements
7. Site Photos
11
ITEM 2
Brown Butter Cookie Company
USE22-0024/ The Little Market, Inc.
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 1: Draft Resolution 2022
USE 22-0024
DRAFT PC RESOLUTION 2022
RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT (USE22-0024) ALLOWING A
MANUFACTURING, REPAIR, AND PROCESSING- LOW INTENSITY
USE IN THE COMMERCIAL RETAIL ZONING DISTRICT
APN 056-141-018
(Brown Butter Cookie Company)
WHEREAS, an application has been received from Applicant, Traci Hozie; Brown Butter
Cookie Co. to consider a Conditional Use Permit (USE 22-0024) to allow Manufacturing, Repair,
and Processing-Low Intensity Service Use in the Commercial Retail zoning district; and
WHEREAS, the site’s General Plan Designation is Commercial Retail (CR); and
WHEREAS, the site’s Zoning is General Commercial (GC); and
WHEREAS, the proposed project qualifies for a Categorical Exemption consistent with
CEQA section 15301: Existing Facilities; 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 Mino r
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 of the City of Atascadero, at a duly noticed Public
Hearing held on March 15, 2022, studied and considered the Conditional Use Permit USE 22-
0024.
NOW THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of
Atascadero, California, makes the following findings, determinations and recommendations with
respect to the proposed Conditional Use Permit:
SECTION 1. CEQA. The Planning Commission finds as follows:
12
ITEM 2
Brown Butter Cookie Company
USE22-0024/ The Little Market, Inc.
Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
1. The proposed project has been found Categorically Exempt under Class 1, Section 15301,
existing facilities, of the California Environmental Quality Act.
SECTION 2. Findings. The Planning Commission finds as follows:
Conditional Use Permit:
1. The proposed use is consistent with the General Plan; and
Fact: The proposed Manufacturing, Repair, and Processing-Low Intensity service use
at this location is consistent with the General Commercial designation of the General
Plan and the General Plan Land Use Element Goals LOC 13 for a sound economic base
and LOC 14 for attracting new businesses, Policies 14.2 and Land Use Program 1.1.7.
2. The proposed project satisfies all applicable provisions of the Title (Zoning Ordinance);
and
Fact: As conditioned, the project satisfies the provisions of the Atascadero Municipal
Code. The existing parking is adequate to serve the proposed use.
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 proposed used is not 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 will not be inconsistent with the character or the immediate
neighborhood or contrary to its orderly development; and
Fact: The proposed use would fill a vacant space located in a commercial retail zone.
The change of use will remain consistent with the character of the neighborhood, as
there are no proposed outdoor changes to the building.
5. That the proposed 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 project is located at the corner of Santa Rosa Road and West Front Road.
13
ITEM 2
Brown Butter Cookie Company
USE22-0024/ The Little Market, Inc.
Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
The use is consistent with surrounding uses and will not bring excessive traffic to the
area.
SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a regular
session assembled on March 15, 2022, resolved to approve Conditional Use Permit Use 22-0024
subject to the following:
EXHIBIT A: Conditions of Approval
EXHIBIT B: Proposed Tenant Improvements
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
_________________________________________
Jeff van den Eikhof
Planning Commission Chairperson
ATTEST:
___________________________________
Phil Dunsmore
Planning Commission Secretary
14
ITEM 2
Brown Butter Cookie Company
USE22-0024/ The Little Market, Inc.
Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
ATTACHMENT 2: Aerial Photo
USE 22-0024
15
ITEM 2
Brown Butter Cookie Company
USE22-0024/ The Little Market, Inc.
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 3: Existing Site Layout
USE 22-0024
16
ITEM 2
Brown Butter Cookie Company
USE22-0024/ The Little Market, Inc.
Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
ATTACHMENT 4: Proposed Tenant Improvements
USE 22-0024
17
ITEM 2
Brown Butter Cookie Company
USE22-0024/ The Little Market, Inc.
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 5: Elevations
USE 22-0024
18
ITEM 2
Brown Butter Cookie Company
USE22-0024/ The Little Market, Inc.
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 6: Improvements (Kitchen and Ovens)
USE 22-0024
19
ITEM 2
Brown Butter Cookie Company
USE22-0024/ The Little Market, Inc.
Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
ATTACHMENT 7: Site Photos
USE 22-0024
Existing Building
Parking Lot
20
ITEM 2
Brown Butter Cookie Company
USE22-0024/ The Little Market, Inc.
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
Rear of Existing Building
Sides of Existing Building
21
ITEM 2
Brown Butter Cookie Company
USE22-0024/ The Little Market, Inc.
Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
Exhibit A: Conditions of Approval
USE 22-0024
Conditions of Approval / Mitigation Monitoring Program
8850 Santa Rosa Road
USE 22-0024
Timing
BL: Business License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary Occupancy
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Planning Services Conditions
1. This Conditional Use Permit shall allow for the establishment of a
Manufacturing, Repair, and Processing-Low Intensity Service use at
8850 Santa Rosa Road described on the attached exhibits and located
on APN 056-141-018, regardless of owner.
Ongoing PS
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 PS
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%, and/or (2) result in a superior site
design or appearance.
BL PS
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. If the use is established and becomes
vacant, establishment of a similar use shall be done in accordance with
the City’s non-conforming use code.
BL PS
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 this conditional use permit.
Ongoing CA
6. Off-street parking shall be provided at a minimum ratio of 1 space per
500 sq. ft. of floor area.
Ongoing PS
7. Tenant Improvements shall be consistent with what is shown in Exhibit
B. Colors and materials shall match the existing façade.
Ongoing PS
8. All signs shall meet municipal code standards. Ongoing PS
9. Four (4) 15-gallon trees are to be planted onsite as shade trees for the
parking lot. These trees can include Coast Live Oaks, Valley Oaks,
Chinese Pistaches, London Sycamores, or Ornamental Pears.
Ongoing PS
10. Trash enclosure must meet newly adopted trash enclosure standards. Ongoing PS
22
ITEM 2
Brown Butter Cookie Company
USE22-0024/ The Little Market, Inc.
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: Proposed Tenant Improvements
USE 22-0024
23
ITEM 3
El Centro Master Plan Amendment
AMND22-0023 / Hushing-Kline
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
8575 El Centro Road
Minor Conditional Use Permit Amendment
(AMND22-0023)
RECOMMENDATION(S):
Staff Recommends:
The Planning Commission adopt Draft Resolution approving an amendment (AMND22-
0023) to the Master Plan of Development (ZCH 97005) to allow a detached studio at 8575
El Centro Road based on findings and subject to Conditions of Approval.
Project Info In-Brief:
PROJECT
ADDRESS: 8575 El Centro Road Atascadero, CA APN 030-522-045
PROJECT
PLANNER
Mariah Gasch
Associate Planner 470-3436 mgasch@atascadero.org
PROPERTY
OWNER Brighton Hushing-Kline
GENERAL PLAN
DESIGNATION: ZONING DISTRICT: SITE AREA EXISTING USE PROPOSED USE
High Density
Residential
(HDR)
Residential Multi-family
(RMF-24) & Planned
Development Overlay 7
(PD7)
0.15 acres Single-Family
Residence Studio Addition
ENVIRONMENTAL DETERMINATION
☐ Environmental Impact Report SCH: ___________________________
☒ Negative / Mitigated Negative Declaration approved October 12, 1999
☐ Categorical Exemption CEQA – Guidelines Section ________
☐ Statutory Exemption §§ 21000, et seq & ________________________
☐ No Project – Ministerial Project
24
ITEM 3
El Centro PD 7 Amendment
AMND 22-0023 / Hushing-Kline
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 Single-
Family (LSF-X)
Residential Multi-
Family (RMF-24)
PD7
Residential Multi-
Family (RMF-24)
PD7
Commercial Retail
(CR)
Background:
In 1999, City Council and the Planning Commission approved a General Plan
Amendment, Zone Change, and Tentative Tract Map to allow subdivision of a 2.5-acre
site into 16 parcels under the provisions of the PD 7 overlay zone. Fifteen of these parcels
were designated for residences. The 16th parcel was reserved as a park. The General
Plan Amendment and Zone Change established the lots as high-density multi-family and
placed a planned development (PD7) overlay on them , requiring a Master Plan of
Development. The Planned Development Overlay Zone sets unique development
standards that are different from those established by the underlying zoning district.
Summary:
The proposed project is an Amendment to the original Master Plan of Development
adopted in 1999. The applicant is requesting to amend the master plan to add a new
uninhabitable studio behind their house. A studio is defined as a structure with no kitchen,
no overnight stays and no bathing facilities. They may have one water closet. When such
a structure is built, a deed restriction is recorded concurrently with the building permit for
Proposed Studio
25
ITEM 3
El Centro PD 7 Amendment
AMND 22-0023 / Hushing-Kline
Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
a studio, providing notification to current and future property owners of the required
restrictions. Since the studio was not included in the original approval, the Master Plan
must be amended to add the structure, as required by the provisions of the PD7 overlay
zone. The applicant is also requesting to reduce the minimum rear setback that is set by
the PD7 overlay. The proposed studio is 438 square feet and set back five feet from the
side and rear property lines. The site currently has two trellises in the location of the
proposed studio. These trellises would be removed prior to construction of the studio.
Analysis:
Master Plan of Development
The original Master Plan of Development shows single-family residences on individual
lots. No accessory buildings were included. Therefore, the applicant must amend the
Master Plan of Development in order to add the new accessory structure. The
Amendment must be approved by the Planning Commission.
The underlying zoning district for this development is Residential Multi-Family (RMF-24).
The lots include a Planned Development Overlay Zone No. 7 (PD7). This allowed the
parcels to develop in a single-family pattern, even though they are in a multi-family zone.
Planned Development Overlay Zones allow for varying development standards that are
different from those established by the underlying zoning district. A Master Plan of
Development is required to ensure neighborhood compatibility and compatible
development of small lots, which would otherwise not be allowed in the underlying zoning
district.
Original Master Plan of Development, approved in 1999
26
ITEM 3
El Centro PD 7 Amendment
AMND 22-0023 / Hushing-Kline
Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
Site Design
PD7 establishes setback requirements that vary from typical multi-family zoned lots. This
includes a ten-foot rear setback for a single-story building and a combined side setback
of 10 feet. The applicant is proposing a setback of five feet on either side , compliant with
PD standards, and in the rear. The applicant is requesting an exception to the rear
setback standard as outlined in AMC 9-3.651. The PD7 code language allows an
exception to setback standards for physically unique sites provided that findings can be
made. The required findings include the following:
i) That flexibility from the above setback standards (AMC 9-3.651) is necessary
to enable the environmentally superior design alternative;
ii) That at least fifty percent (50%) of each individual lot will be landscap ed; and
iii) That at least sixty percent (60%) of the net area of the overall site will be
landscaped.
This site has an elevation change in front of the proposed location of the studio. Additional
grading would be required if the applicant were to relocate the building to meet required
setbacks. This would also require a 30” to 36” stem wall and potentially a costly retaining
wall. The setback reduction would also allow for a more functional yard for the owner as
well as preserve an existing garden area.
The topography of the lot also reduces the visual impact that the proposed building has
on adjacent lots. The applicant’s residence sits on a low portion of the lot. This is
approximately four to five feet lower than adjacent lots. The location of the proposed
studio is at-grade with or slightly lower than surrounding lots. Since the maximum height
of the building at its peak is 13’-4”, it will only be approximately four to five feet taller than
that adjacent six-foot fence between neighbors. The visual impact to neighboring
residences will be minimal.
The total lot coverage, including the proposed studio, is 33%. This leaves over 50% of
the site to be landscaped. The front yard is currently landscaped and the applicant is
planning to landscape the backyard after the studio is built. The proposed building does
not change the net area of the overall development’s landscaped area. A condition has
been included to include landscape screening along the rear property line to mitigate any
visual impacts from the surrounding properties.
Staff has determined that the modified rear setback enables an environmentally superior
design alternative and that all findings can be met for approval of the exception.
Architecture
The proposed building is 438 SF and includes a covered entry porch. The structure has
been designed to match the existing residence. The exterior materials include
composition roofing and hardi-board siding to match what is existing. Staff does not have
any additional recommendations for the architecture.
27
ITEM 3
El Centro PD 7 Amendment
AMND 22-0023 / Hushing-Kline
Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
ENVIRONMENTAL DETERMINATION:
The proposed project is consistent with the previously Certified Mitigated Negative
Declaration approved October 12, 1999.
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 Draft Resolution.
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; AND
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 deve lopment in
accordance with the land use element.
Planned Development No. 7 Overlay (AMC Section 9-3.651(f).(1)) modifications
6. Flexibility from the above setback standards (AMC 9-3.651) is necessary to
enable the environmentally superior design alternative;
7. At least fifty percent (50%) of each individual lot will be landscaped; and
8. At least sixty percent (60%) of the net area of the overall site will be landscaped.
ALTERNATIVES:
1. The Planning Commission may include modifications to the project and/or
Conditions of Approval for the project. Any proposed modifications including
28
ITEM 3
El Centro PD 7 Amendment
AMND 22-0023 / Hushing-Kline
Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
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
Staff Report, oral testimony, site visit, correspondence, or any other rationale
introduced and deliberated by the Planning Commission.
ATTACHMENTS:
1. Draft Resolution
2. Location and Zoning Map
3. Aerial View
4. Site Photos
29
ITEM 3
El Centro PD 7 Amendment
AMND 22-0023 / Hushing-Kline
Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
ATTACHMENT 1: Draft Resolution
AMND22-0023
DRAFT PC RESOLUTION
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ATASCADERO, CALIFORNIA,
APPROVING AMND22-0023, TO AMEND THE MASTER PLAN OF
DEVELOPMENT (ZCH 97005) TO ALLOW A DETACHED STUDIO AT
8575 EL CENTRO RD. AND REDUCE THE REAR SETBACK
APN 030-522-045
(HUSHING-KLINE)
WHEREAS, an application was received from Brighton Hushing-Kline, 8575 El Centro Rd.,
Atascadero, CA 93422, (owner) for an amendment to the Master Plan of Development (Resolution PC
1999-044) to add an additional detached structure and to reduce the setback to five feet; and
WHEREAS, the site has a General Plan Designation of High Density Residential (HDR);
and
WHEREAS, the property is zoned Residential Multi-Family with a PD7 overlay district
(RMF24/PD7); and
WHEREAS, detached accessory structures added to the Master Plan of Development (Resolution
PC 1999-044) are subject to the approval of a minor conditional use permit amendment; 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 amendment 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
NOW THEREFORE, the Planning Commission of the City of Atascadero, California, takes the
following actions:
SECTION 1. Recitals: The above recitals are true and correct.
SECTION 2. Public Hearings.
1. The Planning Commission held a duly noticed public hearing to consider the project on March 15,
2022 and considered testimony and reports from staff, the applicants, and the public.
SECTION 3. Findings for approval. The Planning Commission finds as follows:
Conditional Use Permit
30
ITEM 3
El Centro PD 7 Amendment
AMND 22-0023 / Hushing-Kline
Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
1. The proposed project or use is consistent with the General Plan; and
Fact: Zoning standards in the multi-family zoning district require adequate landscaping and
building setbacks. The proposed project maintains adequate landscaping and does not exceed an
unreasonable amount of building coverage. Typical RMF-24 development standards require a
maximum lot coverage of 50%. The proposal includes a maximum lot coverage of 33%.
2. The proposed project or use satisfies all applicable provisions of the Zoning Ordinance; and
Fact: The proposed project is consistent with applicable Zoning Code provisions. The Planned
Development No. 7 Overlay allows for exceptions to setback standards if the project meets required
findings. The new studio meets these findings as described below.
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 proposed project will not be detrimental in any way to the neighborhood or surrounding
area. The building will hardly be visible, if at all, from surrounding properties. Therefore, it will
not have a negative impact.
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 building is residential in character and matches the existing residence. The
studio is consistent with the character of the immediate 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 resul t
from full development in accordance with the land use element; and
Fact: The proposed building will only be used by the adjacent residence and will not generate any
additional traffic.
PD7 Setback Exception
6. Flexibility from setback standards (AMC 9-3.651) is necessary to enable the environmentally
superior design alternative;
Fact: Additional grading would be required if the applicant were to relocate the building to meet
required setbacks. This would also require a 30” to 36” stem wall and potentially a costly
retaining wall. The reduction would also allow for a more functional yard for the owner as well as
preserve an existing garden area.
7. At least fifty percent (50%) of each individual lot will be landscaped; and
31
ITEM 3
El Centro PD 7 Amendment
AMND 22-0023 / Hushing-Kline
Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
Fact: The total lot coverage, including the proposed studio, is 33%. This leaves over 50% of the
site to be landscaped. The front yard is currently landscaped and the applicant is planning to
landscape the backyard after the studio is built.
8. At least sixty percent (60%) of the net area of the overall site will be landscaped.
Fact: The proposed building does not change the net area of the overall development’s landscaped
area.
SECTION 4. CEQA. The Planning Commission finds as follows:
1. The proposed project is consistent with the previously adopted Certified Mitigated Negative
Declaration approved October 12, 1999.
SECTION 5. Approval. The Planning Commission of the City of Atascadero, in a regular session
assembled on March 15, 2022, resolved to approve conditional use permit amendment AMND22-0023,
subject to the following:
EXHIBIT A: Conditions of Approval
EXHIBIT B: Site Plan
EXHIBIT C: Elevations
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
_________________________________________
Jeff van den Eikhof
Planning Commission Chairperson
ATTEST:
___________________________________
Phil Dunsmore
Planning Commission Secretary
32
ITEM 3
El Centro Master Plan Amendment
AMND22-0023 / Hushing-Kline
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
AMND22-0023
Conditions of Approval
AMND22-0023
8575 El Centro Road
Detached Accessory Structure
Master Plan of Development Amendment
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 amendment shall allow the accessory structure described
in the attached exhibits and located on APN 030-522-045.
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 Amendment 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 C. Exterior building and roof
colors and materials shall be neutral colors as approved by the Community
Development Department.
BP / FI
7. The location of the building onsite shall be consistent with what is shown in Exhibit B.
This includes a minimum rear setback of 5 feet.
BP
8. Building Height shall be consistent with what is shown in Exhibit C. BP
9. Conditions from the previous Master Plan of Development remain valid (Resolution
PC 1999-044)
BP / FI
10. A landscape and irrigation plan shall be included with the building permit submittal.
This shall include the installation of screening vegetation along the rear fence line to
screen the structure from adjacent properties to the satisfaction of the Community
Development Department.
BP
11. Screening landscaping and irrigation shall be installed prior to requesting a final
planning inspection.
FI
33
ITEM 3
El Centro Master Plan Amendment
AMND22-0023 / Hushing-Kline
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
AMND22-0023
Proposed Studio
5’ Setbacks
Existing Residence
34
ITEM 3
El Centro PD 7 Amendment
AMND 22-0023 / Hushing-Kline
Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
EXHIBIT C: Elevations
AMND22-0023
35
ITEM 3
El Centro Master Plan Amendment
AMND22-0023 / Hushing-Kline
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 2: Location and Zoning
AMND22-0023
SFR-X
RMF-24
CR
36
ITEM 3
El Centro Master Plan Amendment
AMND22-0023 / Hushing-Kline
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 3: Aerial View
AMND22-0023
37
ITEM 3
El Centro Master Plan Amendment
AMND22-0023 / Hushing-Kline
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: Site Photos
AMND22-0023
38
ITEM 3
El Centro PD 7 Amendment
AMND 22-0023 / Hushing-Kline
Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
39
Atascadero Planning Commission
Staff Report – Community Development Department
Centennial Plaza Planned Development
Zone Change (ZCH) 22-0022
5901 West Mall
RECOMMENDATION(S):
Planning Commission adopt PC Resolution, recommending the City Council adopt text
amendments to Title 9 establishing a Planned Development 36 overlay zone for the
vacant lots surrounding Centennial Plaza, based on findings and subject to the future
approval of a Master Plan of Development.
DISCUSSION:
Background:
The City currently owns four vacant lots that surround Centennial Plaza on East Mall. Each
of the lots are 25-feet wide. One lot is south of the Plaza and the other three are north of
the Plaza, between the Plaza and the parking lot. One additional 25-foot wide lot directly
adjacent to Dr. Pambrum’s orthodontist office is privately owned. On September 14, 2021,
the City Council held a study session to consider the future use and disposition of the lots.
At the hearing, the City Council provided direction to staff to prepare a planned
development overlay zone for the parcels to help guide future development with an
emphasis on enriching the downtown and providing for quality aesthetics and economic
development. At the same time, the City Council determined that the lots should eventually
be utilized for private development that supports desired retail, restaurant, and related
active uses around Sunken Gardens Park. The following process was outlined at the City
Council hearing:
1. Remove the abandoned structure from the site (completed December 2021)
2. Proceed with a Planned Development (PD) overlay zone for the sites
3. Prepare a declaration of surplus land, consistent with the Surplus Land Act (SLA)
4. Develop an RFP/RFQ to invite development proposals for the sites, consistent with
the PD overlay zone.
At this time, staff is ready to proceed with step 2, the adoption of the PD overlay zone. The
purpose of the PD zone is to narrow down the list of allowed land uses while providing
objective design standards for site planning and building architecture. Incentives to guide
ITEM
NUMBER:
4
DATE: 3-15-22
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development may also be added. The PD zone will apply to all of the vacant parcels
between Dr. Pambrum’s Office and the City Public Parking lot, including the lot that is
privately owned by Trevor O’Malley and Centennial Plaza itself.
The vacant lots around Centennial Plaza are extremely important sites that can provide
synergy for the future of downtown. The sites are within the Downtown Commercial Zone,
and in accordance with the General Plan, are designated for land uses such as retail and
food and beverage services with offices and residential uses on upper floors. Each lot is only
25 feet wide and approximately 100 feet deep. Alone, the lots might be too small to support
development, however when combined, two or more lots can create a logical development
that can accommodate active uses. At least one 50-foot-wide development site on each side
of the plaza could accommodate restaurant or retail uses with a multi-story development
accommodating offices, housing, or lodging opportunities.
With the appropriate design, the City may wish to allow a development proposal to bridge or
encroach onto a portion of Centennial Plaza so long as a public access easement is
maintained on the plaza. The proposed Planned Development property standards allow for
a structure that may bridge the plaza area. Such a design should maintain natural light,
pedestrian access, and good visibility. Such an option could create a viable outdoor dining
space, or an active storefront location for restaurant and retail uses.
Land Use
Under the existing Downtown Commercial Zoning district (DC), The following land uses
are allowed:
Parking
Lot
City Owned Lots
Privately Owned
Lot
Proposed
PD Zone
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✓ Amusement Services
✓ Artisan Foods and Products5
✓ ATM
✓ Bar/Tavern
✓ Business Support Services
✓ Eating and Drinking Places
✓ Farmers’ Market
✓ General Retail
✓ Libraries, Museums
✓ Microbrewery – Brewpub
✓ Mobile Eating and Drinking Vendors6
✓ Parks and Playgrounds
✓ Personal Services
✓ Residential Care: 6 Residents or Less4
✓ Small Family Day Care8
✓ Tasting Room
✓ Temporary Events
✓ Temporary or Seasonal Sales
✓ Winery – Boutique2
*Live work units or any other dwelling units may be allowed above the ground floor.
The following other uses may be allowed with a conditional use permit:
✓ Age Restricted Housing
✓ Financial Services and Banks
✓ Government Offices and Facilities8
✓ Health Care Services8
✓ Hotels, Motels
✓ Indoor Recreation Services
✓ Membership Organizations
✓ Public Assembly and Entertainment
✓ Research and Development
✓ Schools
✓ Schools – Business and Vocational
✓ Telecommunications Facility
✓ Temporary Events3
✓ Transit Stations
✓ Utility Facilities
✓ Utility Infrastructure
✓ Offices9
The allowed land uses in the zoning ordinance allow for a fairly wide variety of retail and
visitor serving uses on the ground floor while office and residential may be developed
above. However, the zoning by itself is somewhat flexible and does not refine land use,
building design, and other factors in great detail. Some of these land uses are clearly not
appropriate at the plaza vicinity. Therefore, the City Council directed staff to proceed with
the adoption of a Planned Development overlay zone (PD) on these properties in order
to dictate building and site design and to refine the list of land uses in a fashion that more
specifically speaks to General Plan policy along with current desired development goals
for these sites. The underlying zoning district would remain, while the overlay zone would
be adopted with additional requirements and standards.
The PD would dictate building height, building design and articulation, incorporation of
outdoor dining spaces in addition to patios, decks, rooftop features, and even signs and
lighting, regardless of owner. The PD will also refine the list of allowed land uses to ensure
that the ground floor is only utilized for food and beverage services, active retail uses, or
related similar land uses. The PD will also refine what land uses are on upper floors and
specify size and design of spaces. However, the PD may not restrict or reduce the allowed
residential density for upper floors in a fashion that is inconsistent with City Housing Goals
or with the intent of the Surplus Land Act.
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Proposed Land Uses for the ground floor of the new PD include:
✓ Artisan Foods and Products
✓ Bar/Tavern
✓ Eating and Drinking Places
✓ General Retail* (with additional
parameters- see below)
✓ Microbrewery – Brewpub
✓ Tasting Room
✓ Winery – Boutique
The PD would further refine the type of General Retail uses. The following parameters
are suggested:
• Minimum operating hours (4 days per week, 6 hours per day, and open until at
least 7PM)
• The following retail uses shall not be allowed: Building materials and hardware,
medical supplies, office supplies, or other items that do not contribute to the
synergy, pedestrian orientation and general plan consistency for the downtown
shall be allowed.
Proposed Land uses for upper floors (to include all uses allowed on ground floor,):
✓ All uses as allowed on ground floor
list
✓ Business Support Services
✓ Live/Work Unit
✓ Lodging/hotel/motel/vacation rental
✓ Multifamily Dwelling
✓ Personal Services
✓ Offices
It will be important to retain residential uses as an allowed use above the ground floor just
like other locations in the downtown. This is because AB 1486 (Surplus Land Act) requires
that any property owned by the City that is transferred to private ownership must first be
declared as surplus land and offered to affordable housing developers, subject to existing
zoning, prior to offering the land to the general public. If a developer of affordable housing
signals an interest in the sites, then the City would need to enter into a good fa ith
negotiation with that developer. (Given the small site area, low number of units, and
requirement to build commercial on the ground floor, these sites may not be conducive to
affordable housing development.) A discussion on the Surplus Land Act will b e brought
to the Council at a later date should the Council determine this action is appropriate.
Property Development Standards
The PD overlay will govern site and building design in addition to land use. Currently, the
downtown commercial zone prescribes the following development standards:
• Front yard setback: None allowed, except for building insets designed for outdoor
dining.
• Side and Rear setback: None required
• Height: 45 Feet
• Parking: Only required for lodging, residential, and office
• Density: 20-Dwellings per acre
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The intent of the proposed Planned Development is to incentivize and streamline
commercial development that can contribute to the synergy of downtown. Staff is
proposing the following change to the development standards for this site:
• Front yard setback: 10-foot building setback shall be required for habitable
portions of the building, setback may be utilized for outdoor dining, awnings, non -
habitable building projections, signs, and other features designed to enhance the
public space.
• Parking: No on-site parking shall be allowed. Parking required for residential
uses shall be required at the rate of one space per two bedrooms (minimum one
space per unit), to be located off -site within 1,000 feet of the property boundary
and provided in perpetuity through an off-site parking agreement.
• Height: 45 Feet, maximum of three stories. Use of roof area permitted for
ground floor or upper floor uses to include elevator shaft above the height
maximum if required.
Site and Building Design
Planned Development Overlay zones can include specific site and building design
parameters. Staff is suggesting the following design standards for future development:
a) A single development project shall be completed on the north east side of the
plaza, or as one cohesive project on all of the lots.
b) Building designs may bridge the plaza space when a minimum vertical clearance
of 16 feet is maintained and a minimum plaza width of 20 feet is maintained. When
portions of buildings cover the plaza, provisions for natural light, ample visibility,
and unrestricted public/pedestrian access, shall be maintained.
c) Building architecture shall complement, but not duplicate, City Hall. Designs that
incorporate brick, extensive glazing, tile roofs, balconies, and opportunities to
utilize outdoor spaces shall be strongly encouraged.
d) Recessed building entries with a depth of at least six feet, transom windows, and
glazing along East Mall that allows 60% visibility into the ground floor space shall
be required. Glazing shall not be blocked by interior walls or panels.
e) Encroachments that provide for outdoor dining shall be encouraged at Centennial
Plaza and the public sidewalk while maintaining a minimum path of travel of 8 feet
on the plaza and 6 feet on public sidewalks.
f) Fire Backflow Devices. Fire backflow devices are required to be integrated into the
site or building design, are prohibited in any public right -of-way, and must be
accessible to Fire Department and Water Company personnel at all times.
g) Building coverage: No limit. Each successive floor shall reduce interior floor space
by 10%
h) Stormwater: No above ground stormwater retention may be allowed on -site in
excess of 400 square feet over the entire Planned Development
i) Native Trees: Native trees that contribute to the tree canopy of Centennial plaza ,
the parking lot, and the creek pathway should be preserved in place and protected
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during construction. Some native trees may need to be pruned or removed to
accommodate appropriate site development.
j) Public Restrooms: Public restrooms shall be provided to customers during open
business hours in a location that is accessible from the ground floor.
Development Incentives
As an option for this Planned Development, the City Council may wish to include
development impact fee long term financing options as part of the zoning overlay in order
to encourage a particular development type. For example, the district could include
language that allows capacity charges and development impact fees to be paid over a
prolonged period following project completion, for floor area devoted to restaurants, bars,
or similar land uses that meet the goals of the planned development. Staff has included
this draft language in the PD for consideration.
Draft Language:
Commercial floor area dedicated solely to eating and drinking places, shall be eligible to
request deferral of development impact fees and capacity charges subject to a condition
to retain such land uses in perpetuity. A change to a non-eligible land use following project
completion will require the immediate payment of development fees. A covenant shall be
recorded on the property to notify future property owners of the fee waiver and
responsibility of future fees, should land uses change.
Conclusion
The purpose of this City led effort to record a PD overlay zone on these sites is to guide
and incentivize development that will help activate the downtown zoning district, close to
the creek, the park and City Hall. The City intends to sell these sites to allow for private
development. Following adoption of the PD, the City will commence the surplus land act
process, then enter a phase to advertise the sites and allow for applicants to submit
proposals for purchase and development.
ENVIRONMENTAL DETERMINATION:
The California Environmental Quality Act (CEQA), Section 15061(3)(b), exempts
activities which are covered by the general rule that CEQA applies only to projects which
have the potential for causing a significant effect on the en vironment. The proposed text
amendment will not have any significant adverse environmental impacts.
Additionally any future development of the site would be exempt as infill development.
They overlay zone change is not creating any added development pote ntial other than
what exists today and is anticipated by the 2002 General Plan.
FINDINGS:
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To recommend approval of the proposed project, the Planning Commission must
recommend to the City Council the following findings. These findings and the facts to
support these findings are included in the attached resolutions.
Planned Development Overlay Zone (AMC Section 9-3.644)
A. Modification of development standards or processing requirements is warranted
to promote orderly and harmonious development;
B. Modification of development standards or processing requirements will enhance
the opportunity to best utilize special characteristics of an area and will have a
beneficial effect on the area;
C. Benefits derived from the overlay zone cannot be reasonably ach ieved through
existing development standards or processing requirements;
D. Proposed plans, if any, offer certain redeeming features to compensate for
requested modifications.
Standard Zoning Text Amendment Findings:
1. The proposed project or use is consistent with the General Plan;
2. 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 pers ons
residing or working in the neighborhood of the use, or be detrimental or injurious
to property or improvements in the vicinity of the use;
3. The proposed project or use will not be inconsistent with the character of the
immediate neighborhood or contrary to its orderly development;
4. The proposed zone change will not create any new significant and unavoidable
impacts to traffic, infrastructure, or public service impacts;
5. The proposed zone change is consistent with the CEQA findings.
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
to develop the additional information. The Commission should clearly state the
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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 rational
introduced and deliberated by the Planning Commission.
ATTACHMENTS:
1. Draft PC Resolution
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PC RESOLUTION 2022-00XX
PD-36 OVERLAY DISTRICT
ZONING CODE TEXT AMENDMENT
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY
COUNCIL ADOPT AN ORDINANCE ESTABLISHING A PLANNED
DEVELOPMENT OVERLAY DISTRICT #36 CODE TEXT
CENTENNIAL PLAZA ZONING MAP AMENDMENTS
CITY OF ATASCADERO
(ZCH22-0022)
WHEREAS, the City of Atascadero is enacting Planning Application ZCH 22-0022 to
rezone lots 12 through 17 (APN 029-347-020) to establish PD#36 overlay zone; and
WHEREAS, Article 28 of the Atascadero Municipal Code allows for the creation of
Planned Development Overlay Zones to promote orderly and harmonious development and to
enhance the opportunity to best utilize special site characteristics; and
WHEREAS, the Planning Commission has determined that it is in the best interest of the
City to add the Planned Development zone to these important downtown sites to promote the
health, safety and welfare of its citizens by applying orderly development standards while
enhancing the synergy and commerce opportunities within the prime retail district surrounding
Sunken Gardens and the creek path; 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 Planned
Development rezoning was held by the Planning Commission of the City of Atascadero at which
hearing evidence, oral and documentary, was admitted on behalf of said zoning text
amendments; and
WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing
held on March 15, 2022, studied and considered the proposed zone text change to establish
Planned Development Overlay Zone #36.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Atascadero makes the following findings, determinations and recommendations with respect to
the proposed Zoning Code Text Amendment:
SECTION 1. Recitals: The above recitals are true and correct.
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SECTION 2. Public Hearing. The Planning Commission of the City of Atascadero, in a regular
session assembled on March 15, 2022, resolved to recommend that the City Council introduce for
first reading, by title only, an Ordinance that would amend the City Zoning Code Text as shown in
Exhibit A, attached hereto and incorporated herein by this reference.
SECTION 3. Facts and Findings. The Planning Commission makes the following findings,
determinations and approvals with respect to the Zone Text Amendment:
A. Findings for Approval of a Zone Text Change
FINDING: (i) The Planning and Zoning Text Change is consistent with General
Plan policies and all other applicable ordinances and policies of the City.
FACT: The proposed zone text amendments align the code requirements with the
vision, intent, and policies of the adopted General Plan.
FINDING: (ii) This Amendment of the Zoning Ordinance will provide for the
orderly and efficient use of lands where such development standards are applicable.
FACT: The proposed text amendment provides for orderly development within the
Downtown Commercial zoning district on lots 12 through 17 (APN 029-347-020)
in accordance with the adopted General Plan for the compatible use of the
properties based on neighborhood characteristics.
FINDING: (iii) The Text Change will not, in itself, result in significant
environmental impacts.
FACT: The proposed text changes are minor and do not trigger any environmental
impacts.
SECTION 4. CEQA. The proposed zoning text change is exempt from the California
Environmental Quality Act (CEQA), Public resources Code Section 21000 et seq., because it can
be seen with certainty that there is no possibility that the enactment of this Ordinance would have
a significant effect on the environment (Pub. Resources Code § 21065; CEQA Guidelines §§
15378(b)(4), 15061(b)(3).
SECTION 5. Recommendation of Approval. The Planning Commission of the City of Atascadero,
in a regular session assembled on March 1, 2022, resolved to recommend that the City Council
introduce, for first reading, an ordinance that would amend the Atascadero Municipal Code to
Establish Planned Development Overlay Zone #36 as detailed in Exhibit A, attached hereto and
incorporated herein by this reference.
BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith
by the Planning Commission Secretary to the City Council of the City of Atascadero.
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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: ()
ABSTAIN: ()
ABSENT: ()
ADOPTED:
CITY OF ATASCADERO, CA
_________________________
Jeff van den Eikhof
Planning Commission Chairperson
Attest:
_________________________________
Phil Dunsmore
Planning Commission Secretary
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EXHIBIT A: Zone Text Change – Planned Development Overlay No.36 Text
ZCH19-0029
9-3.680 Establishment of Planned Development Overlay No. 36
Planned Development Overlay Zone No. 35 is established as shown on the official zoning
maps (Section 9-1.102 of this title). A Planned Development Overlay Zone No. 35 is
established on parcels APN’s 049-063-003, 004, 049-071-029, 030 (Parcels 1-4 of AT02-
278).
(A) All site development or significant modifications, beyond ADA or code required
changes, to the site or exterior changes of any building shall require Design Review
Committee review.
(B) The following uses are allowed within the PD-36 overlay zone on the ground floor:
1. Artisan Foods and Products
2. Bar/Tavern
3. Eating and Drinking Places
4. General Retail* (with additional
parameters- see below)
5. Microbrewery – Brewpub
6. Tasting Room
7. Winery – Boutique
(C) The following uses are allowed within the PD-36 overlay zone above the ground
floor:
1. All uses as allowed on ground
floor list
2. Business Support Services
3. Live/Work Unit
4. Lodging/hotel/motel/vacation
rental
5. Multifamily Dwelling
6. Personal Services
7. Offices
(D) Property Development Standards
1. Front yard setback:
10-foot building setback shall be required for habitable portions of the building,
setback may be utilized for outdoor dining, awnings, non -habitable building
projections, signs, and other features designed to enhance the public space.
2. Parking:
No on-site parking shall be allowed. Parking required for residential uses shall be
required at the rate of one space per two bedrooms (minimum one space per unit),
to be located off-site within 1,000 feet of the property boundary and provided in
perpetuity through an off-site parking agreement.
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3. Height:
45 Feet, maximum of three stories. Use of roof area permitted for ground floor or
upper floor uses to include elevator shaft above the height maximum if required.
Site and Building Design
1. A single development project shall be completed on the north east side of the
plaza, or as one cohesive project on all of the lots.
2. Building designs may bridge the plaza space when a minimum vertical
clearance of 16 feet is maintained and a minimum plaza width of 20 feet is
maintained. When portions of buildings cover the plaza, provisions for natural
light, ample visibility, and unrestricted public/pedestrian access, shall be
maintained.
3. Building architecture shall complement, but not duplicate, City Hall. Designs
that incorporate brick, extensive glazing, tile roofs, balconies, and opportunities
to utilize outdoor spaces shall be strongly encouraged.
4. Recessed building entries with a depth of at least six feet, transom windows,
and glazing along East Mall that allows 60% visibility into the ground floor space
shall be required. Glazing shall not be blocked by interior walls or panels.
5. Encroachments that provide for outdoor dining shall be encouraged at
Centennial Plaza and the public sidewalk while maintaining a minimum path of
travel of 8 feet on the plaza and 6 feet on public sidewalks.
6. Fire Backflow Devices. Fire backflow devices are required to be integrated into
the site or building design, are prohibited in any public right -of-way, and must
be accessible to Fire Department and Water Company personnel at all times.
7. Building coverage: No limit. Each successive floor shall reduce interior floor
space by 10%
8. Stormwater: No above ground stormwater retention may be allowed on -site in
excess of 400 square feet over the entire Planned Development
9. Native Trees: No Heritage trees shall be impacted or removed by proposed
development. Native trees that contribute to the tree canopy of Centennial
plaza, the parking lot, and the creek pathway should be preserved in place and
protected during construction as feasible. Some native trees may need to be
pruned or removed to accommodate appropriate site development. Any tree
removals shall be subject to the City’s Native Tree ordinance.
10. Public Restrooms: Public restrooms shall be provided to customers during
open business hours in a location that is accessible from the ground floor.
Development Incentives
Commercial floor area dedicated solely to eating and drinking places shall be eligible to
request a deferment of development impact fees and capacity charges subject to a
condition to retain such land uses in perpetuity. A change to a non -eligible land use
following project completion and/or occupancy will require the payment in full of any
development fees that have not yet been paid.
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