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CITY OF ATASCADERO
PLANNING COMMISSION AGENDA
REGULAR MEETING
Tuesday, March 7, 2023
6:00 P.M.
City Hall Council Chambers
6500 Palma Avenue, 4th Floor
Atascadero, California 93422
CALL TO ORDER
Pledge of Allegiance
OATHS OF OFFICE Administration of Oath of Offices to returning Planning
Commissioners Jeff Van den Eikhof, Tori Keen, Jason Anderson, Victoria Carranza,
Greg Heath, Randy Hughes, and Dennis Schmidt by the City Clerk’s Office.
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. APPROVAL OF THE DRAFT MINUTES OF FEBRUARY 21, 2023
• Recommendation: Commission approve the February 21, 2023 Minutes.
City of Atascadero Planning Commission Agenda Regular Meeting March 7, 2023
Page 2 of 3
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PLANNING COMMISSION BUSINESS
COMMUNITY DEVELOPMENT STAFF REPORTS
2. ROAD ABANDONMENT FOR CONEJO ROAD ADJACENT TO 2470/2500 EL
CAMINO REAL
• Recommendation: Commission recommend that the City Council summarily
vacate an undeveloped portion of Conejo Road subject to findings.
PUBLIC HEARINGS
None
COMMISSIONER COMMENTS AND REPORTS
DIRECTOR’S REPORT
ADJOURNMENT
The next regular meeting will be held on March 21, 2023 at 6:00 p.m. at City Hall,
Council Chambers, 6500 Palma Ave, Atascadero, CA.
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 7, 2023
Page 3 of 3
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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 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 person al 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) 461-5035 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 2/21/2023
Page 1 of 4
ITEM NUMBER: 1
DATE: 3-7-23
CITY OF ATASCADERO
PLANNING COMMISSION
DRAFT MINUTES
Regular Meeting – Tuesday, February 21, 2023 – 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
Schmidt led the Pledge of Allegiance.
ROLL CALL
Present: By Teleconference – Commissioners Anderson, Heath, Hughes,
Schmidt, and Vice Chairperson Keen and Chairperson van den
Eikhof
Absent: Commissioner Carranza (excused absence)
Vacant: None
Others Present: By Teleconference –
Annette Manier, Recording Secretary
Staff Present: By Teleconference –
Community Development Director, Phil Dunsmore
Senior Planner, Kelly Gleason
Associate Planner, Mariah Gasch
APPROVAL OF AGENDA
MOTION: By Commissioner Anderson and seconded by
Commissioner Hughes to approve the Agenda.
Motion passed 5:0 by a roll-call vote.
(Carranza absent) (Vice Chairperson Keen abstained) Keen
could not participate in the vote due to technical difficulties.
1
PC Draft Minutes of 2/21/2023
Page 2 of 4
ITEM NUMBER: 1
DATE: 3-7-23
PUBLIC COMMENT
None.
Chairperson van den Eikhof closed the Public Comment period.
CONSENT CALENDAR
1. APPROVAL OF THE DRAFT MINUTES OF FEBRUARY 7, 2023
• Recommendation: Commission approve the February 7, 2023 Minutes.
MOTION: By Commissioner Heath and seconded by
Commissioner Hughes to approve the
Consent Calendar.
Motion passed 6:0 by a roll-call vote.
(Carranza absent)
PLANNING COMMISSION BUSINESS
PLANNING COMMISSION REORGANIZATION:
A. Election of Chairperson and Vice Chairperson
The Commission will select a Chairperson and Vice Chairperson.
Chairperson van den Eikhof accepted nominations for Chairperson.
MOTION: By Commissioner Hughes and seconded by
Commissioner Heath to nominate
Chairperson van den Eikhof as Chairperson.
Chairperson van den Eikhof accepted the
nomination.
(Carranza absent)
Chairperson van den Eikhof accepted nominations for Vice Chairperson.
MOTION: By Commissioner Schmidt and seconded by
Commissioner Heath to nominate Vice
Chairperson Keen as Vice Chairperson. Vice
Chairperson Keen accepted the nomination.
Motions passed 6:0 by a roll-call vote.
(Carranza absent)
2
PC Draft Minutes of 2/21/2023
Page 3 of 4
ITEM NUMBER: 1
DATE: 3-7-23
COMMUNITY DEVELOPMENT STAFF REPORTS
None.
PUBLIC HEARINGS
2. 10850 LLC VESTING TENTATIVE TRACT MAP FOR 10850 EL CAMINO REAL
(CONTINUED FROM 2/7/23)
The 10850 El Camino Real project was originally submitted and approved in 2017
establishing a Planned Development Overlay Zone (#34) on the site. The original
Tentative Tract Map expired in 2019. The applicant applied to revive the original
Tract Map in 2020. However, in 2022, the applicant modified their map to include
43 condominiums units. This alteration to the map necessitates approval of a new
Tentative Tract Map. (SBDV22-0085)
Recommendation: Staff’s recommendation is for the Planning Commission adopt
draft PC Resolution, approving Vesting Tentative Tract Map (TR 3187), approving
a 31-lot subdivision and 43-residential airspace condominium units on resulting Lot
31 based on findings and subject to conditions of approval.
EX PARTE COMMUNICATIONS
None
Director Dunsmore announced that he had a discussion with the team in regards to the
project. There is a claim on this project with the City. Director Dunsmore asked the
Commission to focus solely on the map. Planner Gasch gave the staff report and shared
the updated conditions of approval. Staff answered questions from the Commission.
PUBLIC COMMENT
The following members of the public spoke: John Carnesale (developer), and John
Belsher (Belsher Law, PC).
Chairperson van den Eikhof closed the Public Comment period.
MOTION: By Commissioner Schmidt and seconded by
Commissioner Hughes to adopt draft PC
Resolution, approving Vesting Tentative
Tract Map (TR3187), approving a 31-lot
subdivision and 43-residential airspace
condominium units on resulting Lot 31
based on findings and subject to conditions
of approval as presented tonight.
Motion passed 6:0 by a roll-call vote.
(Carranza absent)
3
PC Draft Minutes of 2/21/2023
Page 4 of 4
ITEM NUMBER: 1
DATE: 3-7-23
COMMISSIONER COMMENTS AND REPORTS
Vice Chairperson Keen stated that the new Taco Bell is now open.
Commissioner Hughes stated that he appreciates the leadership from the Chair and Vice
Chair during this process.
DIRECTOR’S REPORT
Director Dunsmore stated that this is our last virtual hearing, and there will be a
presentation soon on the General Plan Update.
Director Dunsmore stated that all ten Open House workshops are completed for the
Downtown Enhancement Plan.
ADJOURNMENT – 6:35 p.m.
The next regular meeting is scheduled for March 7, 2023, at City Hall, 6500 Palma
Avenue, Atascadero.
MINUTES PREPARED BY:
____________________________
Annette Manier, Recording Secretary
Administrative Assistant
4
ITEM NUMBER: 2
DATE: 3/07/23
Atascadero Planning Commission
Staff Report - Public Works Department
Road Abandonment to Summarily Vacate an Undeveloped Portion of
Conejo Road Right-of-Way
RECOMMENDATION:
Planning Commission adopt Draft Resolution recommending the City Council make
findings to summarily vacate an unconstructed portion of right-of-way of Conejo Road
based on findings consistent with the State of California Streets and Highways Code and
the City’s General Plan.
DISCUSSION:
Background
The City, in conjunction with adjacent property owners, has initiated a request to vacate
an unconstructed portion of Conejo Road right-of-way between El Camino Real and
Highway 101. The portion of right-of-way borders 2500 El Camino Real (Bay Laurel
Nursery) and 2470 El Camino Real (approved Edge Development). A vicinity map of this
site is shown below.
5
ITEM NUMBER: 2
DATE: 3/07/23
The abandonment includes the 40-foot wide Conejo Road right-of-way and a
supplemental area acquired by Caltrans during construction of the freeway for equipment
staging. Conejo Road is an original Colony right-of-way that was bisected by construction
of the freeway in the 1950’s. The easement area is currently used as a private driveway
for the adjacent Bay Laurel Nursery and is not constructed as a City standard road or
intended for public use. The portion proposed to be abandoned is shown below in the
hatched areas.
There are no properties that require the use of this right-of-way for access, nor does the
City plan to utilize this portion of right-of-way for roadway purposes. Bay Laurel and the
adjacent undeveloped property retain access rights from El Camino Real, although the
abandonment is also conditioned to provide a private access easement over the existing
Conejo Road ROW area to allow for driveway consolidation. No public utilities are
currently located within the right-of-way however a PUE will be retained over the Conejo
Road ROW area for future utility use. PG&E does intend to use this area in the near future
to serve development along El Camino Real in the vicinity of the site. Atascadero Mutual
Water Company was contacted and has no objection to the abandonment. Furthermore,
the Fire Department has no objection to the right -of-way abandonment and does not
consider this right-of-way to be necessary for current or future evacuation needs.
6
ITEM NUMBER: 2
DATE: 3/07/23
History
The Conejo Road right-of-way was assumed to be abandoned based on a City resolution
for abandonment filed in 1981. However, while the County showed the right -of-way as
abandoned on the assessment record, title documents continued to list documents that
called into question whether the abandonment had been duly processed. City staff has
worked with the County Public Works and Assessors office in addition to City and County
Counsel to determine the appropriate path forward. Based on the ambiguity of the right -
of-way status, the City is reinitiating the abandonment process.
Conejo Road is an original Colony road that continues on the westside of the City. To
facilitate construction of the highway in the 1950’s, Caltrans acquired rights to the unbuilt
portion of Conejo Road in addition to a portion of Lot 7 (Edge development parcel) for
construction staging. In 1962, the County entered into a freeway agreement with the
State, in which it agreed to accept title, as well as the maintenance obligation, over the
relocated and reconstructed roads upon relinquishment. In 1967, the State relinquished
the Conejo Road right-of-way and supplemental piece on Lot 7 to the County under
Streets and Highways Code section 73. At that time, Section 73 provided that upon
recordation of the resolution of relinquishment, “all right, title, and interest of the State in
and to such portion of any state highway shall vest in the county …. and such highway or
portion thereof shall thereupon constitute a county road….” Accordingly, this right-of-way,
in its entirety, became a county road in 1967.
In 1979, the City of Atascadero incorporated. At that time, all county highways within the
City’s jurisdiction transferred to the City under Streets and Highways Code section 989.
Section 989 (at that time) provided that “[u]pon the incorporation of a city … all right, title,
and interest of the county in and to any county highway within the territory involved shall
vest with the city and shall thereupon constitute a city street.” The definition of a county
highway includes any public highway or road. Accordingly, the right-of-way, including the
additional portion on Lot 7 transferred to the City of Atascadero automatically upon
incorporation.
The Edge Project
The Edge project, located on Lot 7 and the adjacent property to the north, was submitted
in 2020 and the road was assumed to be abandoned based on the assessment records
and 1981 City resolution of abandonment. The project was designed to utilize the Conejo
Road area and adjoining supplemental Caltrans staging area. The design included a
shared accessway and parking improvements within this area and plans included
improved access for Bay Laurel Nursery to the south. Easem ents were anticipated to be
recorded for shared access prior to issuance of building permits. As the project was
designed to provide shared access to the adjacent Bay Laurel property, no modifications
to the plans are required to accommodate the abandonment or conditions of
abandonment. Building permit for the project were submitted in October of 2021 and are
currently under review.
Analysis
State Requirements - Requirements for summarily vacating a road are found in the
Streets and Highways Code, Section 8331, which provides:
7
ITEM NUMBER: 2
DATE: 3/07/23
8331. The legislative body of a local agency may summarily vacate a street
or highway if both of the following conditions exist:
(a) For a period of five consecutive years, the street or highway
has been impassable for vehicular travel.
(b) No public money was expended for maintenance on the street
or highway during such period.
City Requirements - California Government Code Section 65402 requires that all
abandonments be consistent with the legislative bodies General Plan, as follows:
“If a general plan or part thereof has been adopted…no real property shall
be…vacated or abandoned…until the location, purpose and extent of
such…street vacation or abandonment…has been submitted to and reported
upon by the planning agency as to the conformity with said general plan or part
thereof.”
The right-of-way under consideration was created by the Map of Atascadero Colony (circa
1915). The subject portion of right-of-way has never been constructed as a public road
and has been used as unimproved access to a private unimproved parking area for five
or more years.
Additionally, the proposed right-of-way to be abandoned does not appear in the City’s
General Plan Circulation Element (Figure III-2: General Plan Circulation Diagram). The
abandonment would not conflict with Policy 2.1 of the City’s Circulation Element as the
abandonment would not be applicable as a potential trail location. The location is a small
stretch between El Camino Real and Highway 101 that does not, or will not in the future,
connect to any other City streets.
The City also has a practice of evaluating existing unbuilt right of way from Fire safety
standpoint in order to ensure that all potential evacuation routes are retained. The
proposed right-of way was evaluated by the Fire department. Because the road is a dead-
end road terminating at Highway 101 just south of the Del Rio interchange, there is no
potential for a future evacuation route.
Conclusion
The Planning must find that the right-of-way to be abandoned is not necessary for present
or future public street purposes and is consistent with the General Plan. This segment of
Conejo Road terminates at Highway 101 and does not provide opportunities for vehicular
or pedestrian connection to adjacent neighborhoods or parcels.
ALTERNATIVES:
1. The Planning Commission may recommend modifications to the proposed
amendments and/or conditions of approval for the project.
8
ITEM NUMBER: 2
DATE: 3/07/23
2. The Planning Commission may determine more information is needed on some
aspect of the amendments and may refer the item back to the applicant and staff
to provide the additional information. The Commission should clearly state the type
of information required and move to continue the item to a future date.
3. The Planning Commission may recommend denial to the City Council. The
Commission should specify the reasons for recommendation of the denial of the
project amendments.
ATTACHMENT:
Draft Resolution
9
ITEM NUMBER: 2
DATE:
3/07/23
DRAFT RESOLUTION
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY
COUCNIL FIND AND DETERMINE THAT A PORTION OF CONEJO
ROAD RIGHT-OF-WAY AND ADJACENT CALTRANS STAGING
EASEMENT (IDENTIFIED AS ROAD RIGHT-OF-WAY) IS
UNNECESSARY FOR PRESENT OR PROSPECTIVE PUBLIC STREET
PURPOSES AND ORDER ITS SUMMARY VACATION PURSUANT TO
SECTION 8331 OF THE STREETS AND HIGHWAYS CODE
City of Atascadero
APN 049-141-058, 049-141-057
WHEREAS, the City has initiated a request, in conjunction with adjacent property
owners, to consider vacating an undeveloped portion of right-of-way of Conejo Road that is
located adjacent to 2500 El Camino Real (APN 049-141-058) and 2470 El Camino Real (APN
049-141-057) and supplemental Caltrans right-of-way located entirely on 2470 El Camino Real
(049-141-059) and supplemental Caltrans right-of-way located entirely on 2500 El Camino Real
(049-141-060); and
WHEREAS, to facilitate construction of the highway in the 1950’s, Caltrans acquired
rights to the unbuilt portion of Conejo Road in addition to a portion of Lot 7 (Edge development
parcel) for construction staging; and
WHEREAS, in 1962, the County entered into a freeway agreement with the State, in which
it agreed to accept title, as well as the maintenance obligation, over the relocated and reconstructed
roads upon relinquishment; and,
WHEREAS, in 1967, the State relinquished the Conejo Road right-of-way and
supplemental piece on Lot 7 to the County under Streets and Highways Code section 73.
WHEREAS, in 1967, Section 73 provided that upon recordation of the resolution of
relinquishment, “all right, title, and interest of the State in and to such portion of any state highway
shall vest in the county …. and such highway or portion thereof shall thereupon constitute a county
road….”
WHEREAS, based on the relinquishment in 1967 and the governing Section 73, this right-
of-way, in its entirety, became a county road in 1967; and
WHEREAS, the portion of Conejo Road right-of-way, in its entirety, requested to be
vacated is the full Conejo Road right-of way and is undeveloped and is unnecessary for present or
prospective public street purposes; and
WHEREAS, Atascadero Mutual Water Company takes no exception to the said
abandonment; and
10
ITEM NUMBER: 2
DATE:
3/07/23
WHEREAS, the Atascadero Fire Department takes no exception to the said abandonment;
and
NOW, THEREFORE BE IT RESOLVED, by the Planning Commission of the City
of Atascadero:
SECTION 1. The Planning Commission hereby finds determines the above recitals to be
true and correct.
SECTION 2. Meeting Date. The Planning Commission, at a regularly scheduled meeting
on March 7, 2023, considered testimony prior to considering summarily vacating a portion of
Conejo Road right-of-way.
SECTION 3. CEQA. The proposed right-of-way vacation is exempt from environmental
review in accordance with Section 15301 (Existing Facilities) and Section 15304 (Minor
Alterations to Land) of the California Environmental Quality Act (CEQA) and the City of
Atascadero’s Local Procedures for implementing CEQA
SECTION 4. Finding. The proposed right-of-way to be abandoned does not appear in the
City’s General Plan Circulation Element (Figure III-2: General Plan Circulation Diagram). The
abandonment would not conflict with Policy 2.1 of the City’s Circulation Element as the
abandonment would not be applicable as a potential trail location.
SECTION 5. Recommendation. The Planning Commission recommends that the City
Council find and determine that a portion of Conejo Road, as shown on the Map of Atascadero
Colony, in the City of Atascadero, County of San Luis Obispo, State of California as recorded in
Book 3 of Maps, Page 26, in the Office of the County Recorder of said County, and shown in
Exhibit A attached hereto and incorporated herein by this reference, is not necessary for present or
future public street purposes.
SECTION 6. Conditions: The following conditions shall be completed prior to
recordation of the abandonment:
1. A shared access easement shall be recorded in the area of the original 40-foot Conejo
Road right-of-way to allow joint access to Lot 6 and Lot 7.
2. A public utility easement shall be reserved in the location of the original 40-foot Conejo
Road right-of-way.
11
ITEM NUMBER: 2
DATE:
3/07/23
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: March 7, 2023
CITY OF ATASCADERO, CA
______________________________
Jeff van den Eikhof
Planning Commission Chairperson
Attest:
______________________________
Phil Dunsmore
Planning Commission Secretary
12
ITEM NUMBER: 2
DATE:
3/07/23
Exhibit A: Abandonment Map
13