HomeMy WebLinkAboutAUP_2023-05-31_AgendaPacketADMINISTRATIVE USE PERMIT HEARING
Updated 11-1-2022
The Administrative Use Permit Meeting will not be physically open to the
public and Staff will be teleconferencing into the meeting.
HOW TO OBSERVE THE MEETING:
To maximize public safety while still maintaining transparency and public access, you may join the
Zoom webinar from your computer, tablet, or smartphone by visiting:
To join the virtual hearing: (No passcode required)
https://us02web.zoom.us/j/84567568854?pwd=UytsbTU1OVB3N2JYQVVJQmlMT1FaZz09
Webinar ID: 845 6756 8854
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 the number below to listen and provide public comment
via phone.
US: +1 (669) 900-6833 (and use *9 to raise your hand to speak)
If you wish to provide written public comment, please email your comments to aup-
comments@atascadero.org by 5:00 pm the day before 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 Zoning Administrator 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 Zoning Administrator
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.
Administrative Use Permit agendas and staff reports may be viewed on the City's website:
www.atascadero.org. Final Action Reports will be available after the meeting, and upon request from
the Community Development Department.
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. All documents submitted by the public during AUP
meetings that are either read into the record or referred to in their statement will be noted in the audio
recording and available for review by contacting the Community Development Department. All
documents will be available for public inspection during City Hall business hours by appointment
request.
C ITY OF A TASCADERO
COMMUNITY DEVELOPMENT DEPARTMENT
6500 PALMA AVE ▪ ATASCADERO, CA 93422 ▪ (805) 461-5035
Administrative Use Permit Hearing
A G E N D A
*MEETING WILL BE HELD VIRTUALLY*
The City of Atascadero’s Zoning Hearing Officer will hold a VIRTUAL public
hearing at 2:00 p.m. on Wednesday, May 31, 2023 at City Hall to consider
the following project:
1. 8965 EL CAMINO REAL (USE23-0044)
The application is to allow for a wholesale and distribution use on APN
030-501-006. The project is exempt from the California Environmental
Quality Act (CEQA) under Categorical Exemption §15301, Class 1:
existing facilities. Staff recommendation is to approve the project, subject
to conditions. (Sam Mountain, Assistant Planner)
PLEASE NOTE: Any court challenge to the actions taken at the public
hearing may be limited to considering only those issues raised at the public
hearing described in this notice or in written correspondence to the City of
Atascadero at, or prior to, the public hearing.
Any decision of the Hearing Officer is final unless appealed to the Planning Commission within 14 days of
the action. Any person aggrieved by the decision may file an appeal. Appeal forms are available in the
Community Development Department or on the City’s website (www.atascadero.org). The fee for filing an
appeal is $1,530 and must accompany the appeal documentation.
C ITY OF A TASCADERO
COMMUNITY DEVELOPMENT
Administrative Hearing Agenda Report ITEM # 1
FROM: Sam Mountain, Assistant Planner MEETING DATE: May 31, 2023
FILE NUMBER: USE23-0044
PROJECT ADDRESS: 8965 El Camino Real
SITUATION:
The applicant, Joshua Berg, is proposing to use a commercial tenant space at 8965 El
Camino Real as a Wholesaling and Distribution Center. The property would be used for
Beautiful Feet Books, an e-commerce business which designs, sells, and distributes
homeschooling curriculum for K-12 students by mail. The business employs 14 people,
with 11 employees working on-site and 3 fully remote. In a supplemental letter to Planning
staff, Mr. Berg elaborated that the business ships and receives books via FedEx, UPS,
and USPS, and that the majority of deliveries would take place between 2pm and 4pm.
The business does not engage in any manufacturing, printing, or other industrial
practices. The business is currently headquartered in San Luis Obispo.
EVALUATION:
The property is designated as Commercial Retail (CR) in the City’s Zoning Map. This
zoning designation is generally oriented towards on-site sales and office uses by-right,
but does allow other uses conditioned upon discretionary approval. Per Atascadero
Municipal Code 9-3.330, W holesaling and Distribution Centers are allowed in the
Commercial Retail zone with the approval of an Administrative Use Permit.
Approximately 10,000 square feet of space on the property wou ld be utilized for
Warehousing and Distribution purposes. A.M.C. 9-4.330 (c)(11) requires 1 parking space
per 1,000 square feet of use area for the first 10,000 square feet, and 1 per 5,000 square
feet of use area thereafter. Thus, this use requires a minimum of 10 off-street parking
spaces. Aerial photography from early 2023 shows an estimated 19 parking spaces on
the subject property, fulfilling this requirement.
The applicant plans to handle loading and unloading using an alleyway loading zone on
the eastern side of the subject property. According to communication with the applicant,
this area is shared between the subject property and an adjacent property. Due to the
infrequent planned delivery schedule, the applicant does not foresee any issues with th is
shared use.
RECOMMENDATION:
Staff recommends the Administrative Hearing Officer approve USE23-0044 and allow a
Wholesaling and Distribution Center in this tenant space in the Commercial Retail zoning
district with conditions.
Page 2
ENVIRONMENTAL DETERMINATION
☒ Categorical Exemption CEQA – Guidelines Section 15301
☐ Statutory Exemption §§ 21000, et seq & ________________________
☐ No Project – Ministerial Project
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.) pursuant to Title 14 California Code of Regulations § 15301, because the project
is limited to a change of use which would be permitted in an equally restrictive zoning
district and which involves a negligible expansion of use.
Findings
AMC 9-1.112 (d) requires the Hearing Officer to make the following findings:
1. Modification of the applicable standard will not result in a project that is inconsistent
with the General Plan;
The proposed Wholesaling and Distribution Center use at this location is consistent with
the General Commercial designation of the General Plan . Additionally, it follows the
General Plan Land Use, Open Space and Circulation (LOC) Element Goals 3
(“[t]ransform the existing El Camino Real “strip” into a distinctive, attractive and efficient
commercial, office and industrial park area which can provide for the long-term economic
viability of the community”), 13 (“[p]rovide for a sound economic base to sustain the City’s
unique character by establishing a range of employment and business opportunities and
generate sufficient revenue to support adequate levels of public services, and
environmental, social and educational quality”), and 14 (“[r]etain and expand existing
businesses and attract new businesses to improve the availability of goods and
services.”) The proposed use will bolster the economic vitality of the City by engaging an
underutilized space and attracting a new business to the area that will pay local sales
taxes.
2. Modification of the applicable standard will not result in a project that is inconsistent
with the character of the immediate neighborhood or contrary to its orderly
development;
The new use would be located in an existing commercial center with other warehousing,
commercial, and light industrial uses nearby. With a limited delivery schedule, the use
would have a negligible impact to the development of the surrounding area.
3. Modification of the applicable standard will not result in a project that is not in
compliance with any pertinent City policy or criteria adopted by ordinance or
resolution of the City Council;
Page 3
The Atascadero Municipal Code allows Wholesaling and Distributions Centers in the
Commercial Retail zone with approval from the Administrative Hearing Officer.
4. Modification of the applicable standard will not result in the authorization of a use
not otherwise allowed; and
This Administrative Use Permit only allows a Wholesaling and Distribution Center.
5. Any other findings deemed necessary.
No other findings.
Conditions
1. Wholesaling and Distribution operations shall conform to minimum parking
requirements established in A.M.C. 9-4.118 (c)(11).
2. Applicant shall obtain all necessary permits prior to the installation of any signage,
additions, or renovations.
Code Requirements
1. A.M.C. 9-1.112 Administrative Use Permit
2. A.M.C. 9-3.330 Nonresidential District Allowable Uses
3. A.M.C. 9-4.118 Required Number of Parking Spaces
Attachments
Attachment 1 - Location Map
Attachment 2 - Zoning Map
Attachment 3 - Site Photos
Action:
Approve
Approve as modified
Deny
Continue to: _______________ to allow _________________________________
____________________________________________________________________
Continue indefinitely to allow: __________________________________________
_____________________________________________________________________
_____________________________________________________________________
___________________________________
Phil Dunsmore, Hearing Officer
Attachment 1: Location Map
USE23-0044
Attachment 2: Zoning Map
USE23-0044
CR
RSF-Y
CS
Front entrance, from El Camino Real, facing north
Front entrance, from La Linia Avenue, facing northwest
Attachment 3: Site Photos
USE23-0044
Loading zone, from La Linia Avenue, facing northwest