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CITY OF ATASCADERO PLANNING COMMISSION AGENDA
In accordance with City Council Resolution No. 2022-044 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
The video recording of the meeting will be available through the City’s website and on the
City’s YouTube channel.
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 (Meeting ID 832 5023 8111)
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, July 5, 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 i f no member of
the Commission or public wishes to comment or ask questions.)
1. APPROVE THE DRAFT MINUTES OF JUNE 7, 2022
• Recommendation: Commission approve the June 7, 2022 Minutes.
City of Atascadero Planning Commission Agenda Regular Meeting, July 5, 2022
Page 2 of 4
WEBSITE: www.atascadero.org
http://www.facebook.com/planningatascadero
@atownplanning
Scan this QR Code
with your smartphone
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Commission Website.
PLANNING COMMISSION BUSINESS
COMMUNITY DEVELOPMENT STAFF REPORTS
2. UPCOMING REVISIONS TO ADU’S, URBAN DWELLING UNITS, AND URBAN
LOT SPLITS
The Community Development Director will give an overview of upcoming revisions
to the Municipal Code to implement government code changes related to
Accessory Dwelling Units, Urban Dwelling Units and Urban Lot splits.
(ZCH21-0006)
***This item was continued from June 7, 2022 and has since been scheduled
as a public hearing. See Item 4. ***
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. S peakers 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, V ariances,
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.
The proposed project is for a one-lot parcel map for condo purposes at 3710 El Camino Real on APN 049-221-016 to
establish 3 commercial airspace units, 7 residential airspace units, and 4 residential garage spaces associated with
residential units. The project qualifies for a Class 15 (CEQA section 15315: Minor Land Divisions) exemption. Staff’s
recommendation is to approve the project with conditions. (SBDV22-0026).
3. PARCEL MAP FOR 3710 EL CAMINO REAL
The proposed project is for a one-lot parcel map for condo purposes on APN
049-221-016 to establish three commercial airspace units, 7 residential airspace
units, and 4 residential garage spaces associated with residential units. The
project qualifies for a Class 15 (CEQA Section 15315: Minor Land Divisions)
exemption.
Recommendation: Staff’s recommendation is to approve the project with
conditions. (SBDV22-0026).
City of Atascadero Planning Commission Agenda Regular Meeting, July 5, 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.
4. UPCOMING REVISIONS TO ADU’S, URBAN DWELLING UNITS, AND URBAN
LOT SPLITS
Community Development Director will give an overview of upcoming revisions to
the Municipal Code to implement Government code changes related to Accessory
Dwelling Units (ADU’s), Urban Dwelling Units, and Urban Lot Splits.
Recommendation: Staff’s recommendation is that this item be continued to a
date certain of July 19, 2022. (ZCH21-0006).
COMMISSIONER COMMENTS AND REPORTS
DIRECTOR’S REPORT
ADJOURNMENT
The next regular meeting will be held on July 19, 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, July 5, 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 meeting s 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 at (805) 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 (805) 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 6/7/2022
Page 1 of 4
ITEM NUMBER: 1
DATE: 7-5-22
CITY OF ATASCADERO
PLANNING COMMISSION
DRAFT MINUTES
Regular Meeting – Tuesday, June 7, 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
Carranza led the Pledge of Allegiance.
ROLL CALL
Present: By Teleconference - Commissioners Carranza, Hughes, Schmidt,
Vice Chairperson Keen and Chairperson van den Eikhof
Absent: Commissioner Anderson (excused absence)
Commissioner Heath (excused absence)
Vacant: None
Others Present: By Teleconference - Recording Secretary, Annette Manier
Staff Present: By Teleconference –
Community Development Director, Phil Dunsmore
Public Works Director/City Engineer, Nick DeBar
Senior Planner, Kelly Gleason
Associate Planner, Mariah Gasch
APPROVAL OF AGENDA
MOTION: By Commissioner Hughes and seconded by Vice
Chairperson Keen to approve the Agenda.
Motion passed 5:0 by a roll-call vote.
(Anderson, Heath absent)
1
PC Draft Minutes of 6/7/2022
Page 2 of 4
ITEM NUMBER: 1
DATE: 7-5-22
PUBLIC COMMENT
The following members of the public spoke: Sierra Steele .
Director Dunsmore addressed Ms. Steele’s questions.
Chairperson van den Eikhof closed the Public Comment period.
CONSENT CALENDAR
1. APPROVE THE DRAFT MINUTES OF MAY 3, 2022
• Recommendation: Commission approve the May 3, 2022 Minutes.
Commissioner Carranza noted that she had not been at the May 3, 2022 meeting and
would be abstaining.
MOTION: By Commissioner Hughes and seconded by
Vice Chairperson Keen to approve the
Consent Calendar.
Motion passed 4:0 by a roll-call vote.
(Anderson, Heath absent)
(Carranza abstained)
PLANNING COMMISSION BUSINESS
None.
PUBLIC HEARINGS
2. MASTER PLAN OF DEVELOPMENT FOR THE DEL RIO MARKETPLACE
The proposed project (Del Rio Marketplace) is an Amendment to the previously
approved Master Plan of Development for the Northeast site of the Del Rio Road
Commercial Area Specific Plan. The project proposes a mix of retail, office, light
industrial, and residential uses. No exceptions are being requested at this time. An
addendum to the originally certified EIR has been prepared showing no additional
impacts.
The proposed project includes the following addresses/APN’s:
049-102-075 (1825 El Camino Real), 049-102-051 (1745 El Camino Real), 049-102-031
(1831 El Camino Real), 049-102-048 (5510 Del Rio Rd), 049-102-045 (5700 Del Rio
Rd), 049-102-056 (1905 El Camino Real)
Recommendation: Staff’s recommendation is to approve the project with
conditions. (AMND19-0063).
EX PARTE COMMUNICATIONS
Vice Chairperson Keen stated that she has a personal relationship with the designer,
however; they have not discussed the project. Chairperson van den Eikhof stated that
he saw this item at DRC. Commissioners Carranza, Hughes and Schmidt had no ex
parte.
2
PC Draft Minutes of 6/7/2022
Page 3 of 4
ITEM NUMBER: 1
DATE: 7-5-22
Planner Gleason presented the staff report, and she and Director Dunsmore answered
questions from the Commission. Planner Gleason requested the Commission review and
approve modifications to conditions (Exhibit A).
PUBLIC COMMENT
The following members of the public spoke: Patti Whelen (representative for MP Annex),
Clint Pearce (property owner), Greg & Teresa King (Valley Fresh Markets), and Sierra
Steele. Scott Martin (RRM Design Group) shared a presentation (Exhibit B), and
requested that the Commission remove Condition 27, and modify Condition 29.
Chairperson van den Eikhof closed the Public Comment period.
MOTION: By Vice Chairperson Keen and seconded by
Commissioner Hughes to adopt PC
Resolution approving a Conditional Use
Permit Amendment, Tentative Parcel Map
(AT22-0011), AND EIR Addendum for the Del
Rio Marketplace, subject to findings and
conditions of approval, with the following:
• Include staff modifications to conditions (Exhibit A).
• Change Condition 27 regarding the ceiling height to change it to the 2nd
floor/16 feet tall or other wording that staff approves to allow flexibility.
• Condition 29 - recommend to the Council that they consider a taller sign.
Motion passed 5:0 by a roll-call vote.
(Anderson, Heath absent)
This item will move forward to City Council.
Chairperson van den Eikhof recessed the meeting at 7:48 p.m. for a break.
Chairperson van den Eikhof reconvened the meeting at 7:55 p.m. with all present.
COMMUNITY DEVELOPMENT STAFF REPORTS
3. UPCOMING REVISIONS TO THE MUNICIPAL CODE TO IMPLEMENT
CHANGES RELATED TO ACCESSORY DWELLING UNITS, URBAN
DWELLING UNITS AND URBAN LOT SPLITS.
Director Dunsmore stated that Commissioner Schmidt has a conflict of interest due to his
current work on an SB9 project and would be recusing himself from the discussion and
any motion on this item. Commissioner Schmidt was moved from a panelist to an
attendee.
Director Dunsmore presented the staff report and answered questions from the
Commission. No action will be taken on this item tonight.
3
PC Draft Minutes of 6/7/2022
Page 4 of 4
ITEM NUMBER: 1
DATE: 7-5-22
PUBLIC COMMENT
The following members of the public spoke: Sierra Steele, Greg Ravatt, Jeff Skinner, and
Tim.
Chairperson van den Eikhof closed the Public Comment period.
Director Dunsmore addressed questions raised during public comment.
Director Dunsmore asked the Commission to return to the next meeting with ideas on
general direction that include health, safety standards, and design standards. He stated
that staff will come back with a completely developed code. After the Commission makes
recommendations on July 5th, the Council will hear the item.
MOTION: By Commissioner Hughes and seconded by
Vice Chairperson Keen to continue the item
to a date certain of July 5, 2022.
Motion passed 4:0 by a roll-call vote.
(Anderson, Heath absent)
(Schmidt abstained)
Director Dunsmore stated that the June 21 st meeting will be cancelled, and asked the
Commissioners who would be present for the July 5th meeting. The results were that
Keen, Hughes, Carranza and van den Eikhof would be present. Schmidt will be present
but cannot participate in the discussion or vote on the item. Staff will follow-up with
Anderson and Heath.
Commissioner Schmidt was returned as a panelist.
COMMISSIONER COMMENTS AND REPORTS
None.
DIRECTOR’S REPORT
None.
ADJOURNMENT – 9:15 p.m.
The next regular meeting is scheduled for June 21, 2022, at City Hall, but will be
cancelled. The Commission will meet again on July 5, 2022.
MINUTES PREPARED BY:
____________________________
Annette Manier, Recording Secretary
Administrative Assistant
The following Exhibits are available in the Community Development Dept.:
Exhibit A – Condition modifications for the Del Rio Marketplace
Exhibit B – RRM presentation on Del Rio Marketplace
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ITEM 3
3710 ECR Condo Map
SBDV22-0026/ Stafford
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
3710 El Camino Real
Condominium Subdivision (SBDV22-0026)
RECOMMENDATIONS:
Staff recommends the Planning Commission adopt draft PC Resolution approving a
condominium subdivision for a previously approved mixed-use development, based on
findings and subject to conditions of approval.
REPORT-IN-BRIEF:
The proposed project includes the creation of airspace condominium units for an
approved mixed-use project that would allow for the individual sale of both the residential
units and commercial tenant spaces. The project has a total of seven (7) residential units,
and 3 commercial tenant spaces.
Project Info In-Brief:
PROJECT
ADDRESS: 3710 El Camino Real Atascadero, CA APN 049-221-016
PROJECT
PLANNER
Kelly Gleason
Senior Planner 805-470-3446 kgleason@atascadero.org
APPLICANT Mitchell Stafford, 6955 Balboa Rd, Atascadero, CA 93422
PROPERTY
OWNER Mitchell Stafford, 6955 Balboa Rd, Atascadero, CA 93422
GENERAL PLAN
DESIGNATION:
ZONING
DISTRICT: SITE AREA EXISTING
USE PROPOSED USE
General
Commercial (GC)
Commercial
Retail (CR) 0.649 acres
Mixed-Use
development
permits in for
review
Same
28
ITEM 3
3710 ECR Mixed-Use Condo Map
SBDV22-0026 / Stafford
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
(CR)
Commercial Retail
(CR)
Commercial Retail
(CR)
Highway
101/Residential
Suburban (RS)
Project Description
A mixed-use development was approved on the project site on November 17, 2020. The
project includes 7 residential units above approximately 6,700 square-feet of commercial
tenant space within a total of 3 buildings. The airspace condominium subdivision will allow
each residential and commercial unit to be sold individually. The design includes
residential garages on the ground floor and each garage will be linked to a residential
unit.
Project Site
Project Site
29
ITEM 3
3710 ECR Mixed-Use Condo Map
SBDV22-0026 / Stafford
Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
ANALYSIS:
The City’s General Plan supports vertical mixed-use projects in Commercial Retail zones
with the approval of a Use Permit. This project was reviewed and approved by the
Planning Commission in November of 2020. Since then, the project has sold and the new
owner has submitted building permit plans for City review and issuance. To date, a
grading permit has been issued and building permits are in the final stages of review.
Atascadero Municipal Code (AMC) 11-6.41 states that “design criteria for subdivisions and
the required physical improvements for them shall be in compliance with the City’s Zoning
Ordinance, standard drawings and specifications, subdivision standards, and other
applicable regulations or standards.” The existing site is consistent with the approved
Master Plan of Development approved in 2005, therefore, no site modifications are
required. Parking and access will continue to be governed by the Master Plan of
Development and recorded CC&Rs.
Site Design
The site is designed with a single driveway at El Camino Real. The private garages for
the residential units are located along the shared driveway. A shared parking area is
located towards the middle of the property to allow for residential, guest, and commercial
patron parking. A turn-around for fire access is designed into the driveway and parking
area. Building one is located adjacent to El Camino Real providing a storefront
appearance along the frontage. In between building one and two is an open area that
provides two residential guest parking spaces. Building three is located toward the rear
of the property and contains two single-car garages for the second story residential units
with warehouse commercial space on the ground floor. The residential units are located
on the second story of each building for a total of seven units. The proposed residences
range from 2- to 3-bedroom units.
30
ITEM 3
3710 ECR Mixed-Use Condo Map
SBDV22-0026 / Stafford
Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
Project Site Plan
(Front Portion of Project)
Project Site Plan
(Rear Portion of Project)
A parking reduction of 1 space was approved with the original use permit. Of the 27 total
provided spaces, six are within private residential garages, 19 are shared spaces, 1 is
designated as a motorcycle space, and 1 bicycle parking area is provided. The proposed
condo map will designate garage parking for residential units and retain surface parking
as a shared parking area, as conditioned.
CONCLUSION:
The Planning Commission approved the mixed-use project in November 2020. The
current owner is applying for a condominium subdivision to allow for the individual sale of
residential and commercial units. The underlying parcel will be under the ownership of an
31
ITEM 3
3710 ECR Mixed-Use Condo Map
SBDV22-0026 / Stafford
Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
association and CC&Rs as well as deed notifications will be required to ensure ongoing
maintenance and adherence to City codes and project requirements.
ENVIRONMENTAL DETERMINATION:
The proposed project is Categorically Exempt (Class 15) 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 15315, because it is a minor
subdivision of existing commercial buildings and where no physical changes occur.
FINDINGS:
To approve the proposed project, findings are required to be made by the Planning
Commission. The City’s General Plan and Zoning Ordinance identify the specif ic findings
that must be made to approve a Tentative Parcel Map for commercial condominiums.
Findings and the facts to support these findings are included in the Draft Resolution.
ALTERNATIVES:
1. The Planning Commission may include modifications to the pro ject conditions of
approval for the project. Any proposed modifications including conditions of
approval, should be clearly re-stated in any vote on the attached draft resolution.
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 othe r rationale
introduced and deliberated by the Planning Commission. It is important to note that
denial of the subdivision map will not result in denial of the development and
building permits will still proceed based on the 2020 approval.
ATTACHMENTS:
1. Draft Resolution
32
ITEM 3
3710 ECR Mixed-Use Condo Map
SBDV22-0026 / Stafford
Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
ATTACHMENT 1: Draft PC Resolution
SBDV22-0026
DRAFT PC RESOLUTION
RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ATASCADERO, CALIFORNIA, APPROVING TENTATIVE
PARCEL MAP AT 21-0034 ESTABLISHING SIXTEEN AIRSPACE UNITS
ON ONE COMMON LOT AT 3710 EL CAMINO REAL
SBDV22-0026
3710 EL CAMINO REAL
APN: 049-221-016
(STAFFORD)
WHEREAS, an application was received from Mitchell Stafford, 6955 Balboa Rd, Atascadero,
CA 93422 (owner and applicant), for a Tentative Parcel Map to allow a commercial and residential airspace
subdivision at 3710 El Camino Real (APN 049-221-016); and
WHEREAS, the property is in the General Commercial (GC) General Plan Land Use Designation;
and
WHEREAS, the property is in the Commercial Retail (CR) zoning district; and
WHEREAS, mixed use projects are considered a conditionally allowed use in the
Commercial Retail zoning district; 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, the proposed project qualifies for a Categorical Exemption consistent with
CEQA Guidelines Section 15332: In-fill Development Projects; and
WHEREAS, a timely and properly noticed Public Hearing upon the subject conditional
use permit was held by the Planning Commission of the City of Atascadero at which hearing
evidence, oral and documentary, was admitted on behalf of said use permit; and
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 Tentative Parcel Map:
SECTION 1. Recitals: The above recitals are true and correct.
33
ITEM 3
3710 ECR Mixed-Use Condo Map
SBDV22-0026 / Stafford
Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
SECTION 2. Public Hearing. The Planning Commission of the City of Atascadero, at a
Public Hearing held on July 5, 2022 considered the proposed project.
SECTION 3. Findings for approval of Tentative Parcel Map. The Planning Commission
finds as follows:
1. The proposed subdivision, together with the provisions for its design and improvement,
is consistent with the General Plan (Government Code §§ 66474(a) and (b)).
Fact: The Commercial Retail zoning district is designed to allow for mixed-use
developments with the approval of a conditional use permit. The mixed-use
development was approved in 2020 by the Planning Commission and is in the city’s
building permit review process. The project proposes an airspace subdivision of the
buildings to allow for separate ownership of each residential and commercial space.
The proposed subdivision will not alter the physical improvements approved for
construction and required CC&Rs will ensure that the center functions as one
development.
2. The site is physically suitable for the type of development (Government Code§
66474(c)), and
Fact: The site is relatively flat and no physical changes are required beyond what was
previously approved.
3. The site is physically suitable for the proposed density of development (Government
Code § 66474(d)), and
Fact: The sixteen proposed airspace units are within a previously approved
development. The tentative parcel map does not affect the density.
4. The design of the subdivision or the proposed improvements will not cause substantial
environmental damage or substantially and avoidably injure fish or wildlife or their
habitat. (Government Code § 66474(e)), and
Fact: The airspace subdivision of an existing commercial building will not result in
any physical changes to the site and will not degrade the environment.
5. The design of the subdivision or the type of improvements will not cause serious health
problems. (Government Code § 66474(f)), and
Fact: The improvements are minor and will not cause health problems.
6. The design of the subdivision will not conflict with easements for access through or
use of property within the proposed subdivision. (Government Code § 66474(g)).
Fact: The development was previously approved and permits are ready to issue. No
additional structures are proposed.
34
ITEM 3
3710 ECR Mixed-Use Condo Map
SBDV22-0026 / Stafford
Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
SECTION 4. CEQA. The project is exempt from the California Environmental Quality
Act (CEQA), under Categorical Exemption § 15315, Class 15: Minor Land Divisions.
SECTION 5. Approval. The Planning Commission of the City of Atascadero, in a regular
session assembled on July 5, 2022, resolved to approve a Tentative Parcel Map AT 21-0034
(SBDV22-0026) subject to the following:
EXHIBIT A: Conditions of Approval
EXHIBIT B: Tentative Parcel Map
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
35
ITEM 3
3710 ECR Mixed-Use Condo Map
SBDV22-0026 / Stafford
Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
EXHIBIT A: Conditions of Approval
SBDV22-0026 Condominium Subdivision
Conditions of Approval
Tentative Parcel Map
3710 El Camino Real
SBDV 22-0026
Timing
BL: Business License
FM: Final Map
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary Occupancy
FO: Final Occupancy
Planning Services Conditions
1. SBDV 22-0026 (Tentative Parcel Map AT 21-0034) shall be for the airspace subdivision of 3710 El
Camino Real; a portion of lot 4 of block 18 of the Atascadero Colony, in the city of Atascadero,
County of San Luis Obispo, California. (Assessor’s Parcel Number’s 049-221-016), as generally
shown in attached Exhibit B, regardless of owner.
Ongoing
2. The appeal period is fourteen (14) days following the Planning Commission approval unless prior
to the time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning
Ordinance.
Ongoing
3. Approval of this Tentative Parcel Map shall be valid for a period of twenty-four (24) months and shall
expire on July 5, 2024, consistent with Section 66452.6(a)(1) of the California Subdivision Map Act.
The approved Tentative Parcel Map may be extended consistent with Section 66452.6(e) of the
California Subdivision Map Act. Any requested map extension shall be consistent with Section 11-
4.23 of the Atascadero Municipal Code
FM
4. The Community Development Department shall have the authority to approve minor changes to the
project that (1) result in a superior site design or appearance, and/or (2) address a construction
design issue that is not substantive to the Tentative Parcel Map.
FM
5. The Subdivider 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 subdivision.
Ongoing
6. The Subdivider shall pay all applicable Quimby Act fees to the City in accordance with the fee
schedule and policies in effect at the time of subsequent applications.
FM
7. This map shall be for the approval of 16 airspace units on one common lot. There shall be no further
division of the property without approval of a subsequent map.
Ongoing
8. Prior to recordation of the final parcel map, the applicant shall submit a condominium plan for
recording concurrently with the final parcel map. A qualified licensed professional shall prepare the
final parcel map and the condominium plan. The condominium plan shall include provisions to link
garage units to residential units to ensure concurrent sale and ownership of said units.
FM
9. Prior to recordation of the final map, the applicant shall provide recorded CC&R’s outlining
maintenance responsibilities between the owners.
FM
10. The site shall be kept in a neat manner at all times and the landscaping shall be continuously
maintained in a healthy and thriving condition.
Ongoing
11. A deed notification shall be recorded against the property outlining the following:
36
ITEM 3
3710 ECR Mixed-Use Condo Map
SBDV22-0026 / Stafford
Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
Conditions of Approval
Tentative Parcel Map
3710 El Camino Real
SBDV 22-0026
Timing
BL: Business License
FM: Final Map
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary Occupancy
FO: Final Occupancy
a. That the project is part of an approved use permit and all development including
landscaping and fencing shall remain consistent with said approval, and
b. All surface parking must remain shared between residential and commercial users
with the exception of the 2 spaces between building 1 and 2 which may be reserved
as residential guest parking. No other surface parking reservations are permitted, and
c. Residential garages must be maintained for parking of vehicles, and
d. That the fire department turnaround shall remain clear of obstructions at all times.
Public Works Conditions
12. Prior to approval of the Parcel Map, the Applicant shall have the map reviewed by the public
utility providers for power, telephone, gas, cable TV, and the Atascadero Mutual Water
Company. The Applicant shall provide a letter from each utility company st ating that the
easements and rights-of-way shown on the map for public utility purposes are acceptable.
FM
12. Documents that the City of Atascadero requires to be recorded concurrently with the Parcel Map
(e.g.: CC&Rs, easements not shown on the map, agreements, etc.) shall be listed on the
certificate sheet of the map.
13. The City of Atascadero may require an additional map sheet for information purposes in
accordance with the Subdivision Map Act.
14. Provide Covenants, Conditions and Restrictions (CC&Rs) document for review by City - designating
the responsibilities of the air space condo owners for the shared spaces/ improvements.
15. Provide a condominium plan, which contains descriptions and diagrams identifying the boundaries
of the separate interests (the condominium “units”), the common areas, and exclusive use common
areas (ie. parking spaces and balconies), prior to recordation of the Final map.
16. Frontage improvements shall be installed or bonded for as conditioned by City of Atascadero PC
Resolution 2020-0015 for a Conditional Use Permit on the property, particularly the removal of curb,
gutter and sidewalk will be limited to that which is needed for the new driveway configuration as this
frontage is new.
37
ITEM 3
3710 ECR Condo Map
SBDV22-0026/ Stafford
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: Tentative Parcel Map AT21-0034
SBDV22-0026
38
ITEM NUMBER: 4
DATE:
7/5/22
Atascadero Planning Commission
Community Development Department
Accessory Dwelling Unit
And Senate Bill 9
Text Amendments
(AMC Title 9 and Title 11)
RECOMMENDATION:
The Planning Commission continue the item to the regular hearing of July 19, 2022 to
allow staff and the legal team additional time to complete the code amendments .
DISCUSSION:
Background
In 2020, the City adopted its 2021-2028 Housing Element which identified a number of
City code updates that are needed in order to implement State law revisions. The Housing
Element identified necessary updates to the Municipal Code related to ADUs as a
component in helping to meet the City’s moderate- and low-income housing
requirements. In addition to ADU laws, the governor signed Senate Bill 9 (SB9) into law
(September 2021) in an effort to streamline the development of housing and allow up to
two primary housing units on many existing single-family zoned sites in addition to allowing
lot splits on existing single-family zoned sites as a staff level approval. The implementation
of these code amendments will result in the adoption of separate ordinances that will result
in multiple updates to the Municipal Code.
The review and updates of the Municipal Code are currently under review with the City’s
legal team and will be ready for Planning Commission action at the regular hearing of July
19, 2022.
39