HomeMy WebLinkAboutPC_2024-04-16_AgendaPacket
CITY OF ATASCADERO PLANNING COMMISSION AGENDA
HYBRID MEETING INFORMATION:
The Planning Commission meeting will be available via teleconference for those who wish to
participate remotely. The meeting will also be held in the City Council Chambers and in -person
attendance will be available at that location.
HOW TO OBSERVE THE MEETING REMOTELY:
To participate remotely, residents can livestream the meeting on Zoom, The video recording of the
meeting will repeat daily on Channel 20 at 1:00 am, 9:00 am, and 6:00 pm and will be available through
the City’s website and on the City’s YouTube Channel. To participate remotely using the Zoom platform
please visit:
https://us02web.zoom.us/j/83250238111
Planning Commission – Meeting ID: 832 5023 8111 (No Passcode Required)
HOW TO SUBMIT PUBLIC COMMENT:
Public comment may be provided in-person or remotely. Call (669) 900-6833 (Meeting ID: 832 5023
8111) to listen and provide public comment via phone or via the Zoom platform using the link above.
Written public comments are accepted at pc-comments@atascadero.org . Comments should identify the
Agenda Item Number in the subject line of the email. Such comments will be forwarded to the Planning
Commission and made a part of the administrative record. To ensure distribution to the Planning
Commission before consideration of an item, please submit comments not later than 12:00 p.m. the
day of the meeting. All correspondence will be distributed to the Planning Commission, posted on the City’s
website, and be made part of the official public record of the meeting. Please note, comments will not be read
into the record. Please be aware that communications sent to the Planning Commission are public records
and are subject to disclosure pursuant to the California Public Records Act and Brown Act unless exempt from
disclosure under applicable law. Communications will not be edited for redactions and will be printed/posted as
submitted.
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/agendas.
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, April 16, 2024
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 Tori Keen
Vice Chairperson Jeff van den Eikhof
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 agen da 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 MARCH 19, 2024
• Recommendation: Commission approve the March 19, 2024 Minutes.
City of Atascadero Planning Commission Agenda Regular Meeting April 16, 2024
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
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 an y
quasi-judicial agenda items. This includes, but is not limited to, Tentative Subdivision Maps, P arcel 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. 7685 SANTA YNEZ AVE.
The project is a request for a 3-lot subdivision on APN 031-152-021. (SBDV24-
0015).
• CEQA: The proposed project is Categorically Exempt from the provisions of
the California Environmental Quality Act (California Public Resources Code
§§ 21000, et seq., “CEQA”) and CEQA Guidelines (Title 14 California Code of
Regulations §§ 15000, et seq.) pursuant to CEQA Guidelines Section 153 15
(Minor Land Divisions).
• Recommendation: Staff’s recommendation is for the Planning Commission to
adopt the Draft Resolution conditionally approving Tentative Parcel Map
AT24-001 to allow a small home lot development and a flag lot subdivision of
a 0.32-acre multi-family zoned parcel into a total of three parcels; and take
such additional, related, action that may be desirable.
3. OBJECTIVE DESIGN STANDARDS
The project is a request to consider Objective Design Standards, which includes
amendments to Title 9 to establish objective design and property development
standards and related proposed environmental determination. (CPP21-0053).
• CEQA: The project is exempt from the California Environmental Quality Act
(CEQA) under public resources Code Section 21000 et. Seq., because it can
be seen with certainty that there is no possibility that the enactment of this
City of Atascadero Planning Commission Agenda Regular Meeting April 16, 2024
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.
Ordinance would have a significant effect on the environment (Pub.
Resources Code §21065; CEQA Guidelines §15061(b)(3).
• Recommendation: Staff’s recommendation is for the Planning Commission to
continue to a date certain, May 7, 2024 to allow additional time for public
outreach.
COMMISSIONER COMMENTS AND REPORTS
DIRECTOR’S REPORT
ADJOURNMENT
The next regular meeting will be on May 7, 2024, 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 April 16, 2024
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 at (805)
470-3400.
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 Commission 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 Community 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.
HOW TO SUBMIT PUBLIC COMMENT:
If you wish to comment, 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 busines s hours by
appointment.
PC Draft Minutes of 3/19/2024
Page 1 of 3
ITEM NUMBER: 1
DATE: 4-16-24
CITY OF ATASCADERO
PLANNING COMMISSION
DRAFT MINUTES
Regular Meeting – Tuesday, March 19, 2024 – 6:00 P.M.
City Hall
6500 Palma Avenue, Atascadero, California
CALL TO ORDER - 6:00 p.m.
Chairperson Keen called the meeting to order at 6:05 p.m. and Commissioner Carranza
led the Pledge of Allegiance.
ROLL CALL
Present: Commissioners Anderson, Carranza, Heath, Hughes, Schmidt, Vice
Chairperson van den Eikhof and Chairperson Keen
Absent: None
Vacant: None
Others Present: Annette Manier, Recording Secretary
Roxanne Diaz, Assistant City Attorney (via Teleconference)
Staff Present: Planning Manager, Kelly Gleason
Senior Planner, Xzandrea Fowler
Associate Planner, Erick Gomez
APPROVAL OF AGENDA
MOTION: By Commissioner Schmidt and seconded by
Commissioner Hughes to approve the Agenda.
Motion passed 7:0 by a roll-call vote.
PUBLIC COMMENT
None.
Chairperson Keen closed the Public Comment period.
CONSENT CALENDAR
1
PC Draft Minutes of 3/19/2024
Page 2 of 3
ITEM NUMBER: 1
DATE: 4-16-24
1. APPROVAL OF THE DRAFT MINUTES OF FEBRUARY 20, 2024
• Recommendation: Commission approve the February 20, 2024 Minutes.
MOTION: By Commissioner Hughes and seconded by
Commissioner Heath to approve the
Consent Calendar.
Motion passed 7:0 by a roll-call vote.
PLANNING COMMISSION BUSINESS
None
PUBLIC HEARINGS
2. 6005 EL CAMINO REAL (THE CARLTON HOTEL)
The project is a request to review a proposal for a Conditional Use Permit to add
guest rooms on the ground floor and second floor resulting in modifications to the
exterior of the existing Carlton Hotel building, and a parking modification on APN
029-342-023 (USE24-0019).
• CEQA: The project is exempt from the California Environmental Quality Act
(CEQA) under Categorical Exemption §15303; Class 3: new construction or
conversion of small structures.
• Recommendation: Staff’s recommendation is for the Planning Commission to
adopt the Draft Resolution approving a Conditional Use Permit to add guest
rooms on the ground floor and second floor resulting in modifications to the
exterior of the existing Carlton Hotel building, and a parking modification on
APN 029-342-023, based on findings and subject to conditions of approval; and
take such additional, related, action that may be desirable.
DISCLOSURE OF EX PARTE COMMUNICATIONS:
Commissioner Schmidt saw this project at the Design Review Committee.
Planner Fowler presented the staff report. Planner Fowler and Planning Manager
Gleason answered questions from the Commission. Planner Fowler suggested an edit to
Page 17 of the Resolution which states to add “and parking modification” after the word
Permit.
PUBLIC COMMENT
2
PC Draft Minutes of 3/19/2024
Page 3 of 3
ITEM NUMBER: 1
DATE: 4-16-24
The following members of the public spoke: Tom Sprinkles (Dunnigan Sprinkle
Architects), Kamal Patel (Capricorn Property Group), Larry Pace (Construction Project
Manager), Rob Polacek (via Teleconference), and Devin Haggie.
Chairperson Keen closed the Public Comment period.
MOTION: By Commissioner Schmidt and seconded
by Commissioner Hughes to adopt PC
Resolution 2024-0006 approving USE24-
0019 approving a Conditional Use Permit to
allow the remodel of the Carlton Hotel to add
11 additional guest rooms on the ground
floor and the 2nd floor and a parking
modification on APN 029-342-023, based on
findings and subject to conditions of
approval, with an added edit on page 17 to
include “and parking modification” after the
word “Permit”, and an addition to Condition
6 to state that “Staff and Applicants to
develop a Parking Management Plan that
could be reviewed should the parking
situation negatively impact the downtown.”
Motion passed 7:0 by a roll-call vote.
COMMISSIONER COMMENTS AND REPORTS
Chairperson Keen, Commissioner Carranza, and Planning Manager Gleason attended
the Planning Commissioner’s conference in Long Beach recently. Chairperson Keen gave
a report on the training.
DIRECTOR’S REPORT
Planning Manager Gleason stated that the next meeting will be held on April 2, 2024, and
the Commission will hear a small subdivision project. On April 16th, the Commission may
hear Objective Design Standards. The General Plan Update meeting will be held next
Tuesday.
ADJOURNMENT – 7:46 p.m.
The next regular meeting will be on April 2, 2024 at City Hall, 6500 Palma Avenue,
Atascadero, CA.
MINUTES PREPARED BY:
____________________________
Annette Manier, Recording Secretary
Administrative Assistant
3
ITEM 2
04/16/2024
TPM AT 24-0002
SBDV24-00015
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
Condor Enterprises Tentative Parcel Map
Tentative Parcel Map AT 24-0002
SBDV24-0015
RECOMMENDATION(S):
Planning Commission adopt the draft resolution conditionally approving Tentative Parcel
Map AT 24-001 to allow a small home lot development and a flag lot subdivision of a 0.32-
acre multi-family zoned parcel into a total of three parcels.
REPORT IN BRIEF:
Condor Enterprises, LLC requests a three-lot subdivision of a 0.32-ac lot zoned RMF-10
located at 7685 Santa Ynez Ave (031-152-021). The lot is a double frontage lot with
frontage on both Santa Ynez and Navajoa Avenues. Access to Parcel 1 will continue to
be from Santa Ynez Avenue. Parcels 2 and 3 will be in a flag lot configuration with shared
access proposed from Navajoa Avenue via a 20’ access easement. The subdivision is
proposed as a Small Home Lot Development pursuant to the provisions of the Starter
Home Revitalization Act of 2021 (Cal. Gov. Code § 66499.40).
DISCUSSION:
Background
The Starter Home Revitalization Act of 20 21 became effective in January 2022. The law
amended the California Subdivision Map Act to allow for the subdivision of multi-family-
zoned parcels into small lot single-family parcels known as “Small Home Lot
Developments.” Qualifying projects are subject to different subdivision and development
standards set by the State. The law additionally prevents jurisdictions from requiring
minimum parcel size, minimum setbacks between housing units (except as required by
the building code), enclosed or covered parking, or formation of a homeowners’
association for any proposed small home lot developments.
Summary
The project proposes a three-lot subdivision of one (1) 0.32-ac property which is currently
developed with a single-family dwelling and associated accessory structures. The
subdivision will result in the creation of the following three parcels:
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SBDV24-0015
Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
1) Parcel 1. A 5,319 SF lot fronting Santa Ynez Avenue which contains the existing
1,230 SF single-family dwelling with a 440 SF attached garage.
2) Parcel 2. A 3,642 SF flag lot with a 20’ accessway stemming from Navajo Avenue.
The accessway is not included in the size of the parcel.
3) Parcel 3. A 3,252 SF lot fronting Navajo Avenue.
Access to Parcel 1 will continue to be from Santa Ynez Ave. An access restriction and
shared driveway is conditioned for Parcels 2 and three 3 to prevent traffic and safety
conflicts. No driveways shall be permitted on Parcel 3 outside of the shared access
easement.
Analysis
Starter Home Revitalization Act of 2021 (Cal. Gov. Code § 66499.40)
The California Subdivision Map Act (SMA) provides a total of eleven (11) criterion to
define “small home lot development” under Cal. Gov. Code § 66499.40. The proposed
subdivision meets the State’s listed criteria and qualifies as a small home lot
development. Notably, the application submitted is only for a subdivision and no
development is proposed at this time. Consistent with the provisions of Cal. Gov. Code §
66499.40, all new parcels would be limited to the development of one (1) primary dwelling
unit. Additionally, the state requires that the average habitable floor space of the proposed
units on a small home lot development not exceed 1,750 SF. There are no construction
permits proposed at this time. Therefore, the future single-family residences on the
resulting lots shall be limited to a maximum of 1,750 SF of habitable area to ensure
consistency with State law. This size limit is included as condition of approval with
language provided to grant flexibility based on existing development at the time the unit
is proposed. The project is consistent with all other applicable sections of the SMA.
Atascadero Municipal Code Title 11 (Subdivisions)
The Atascadero Municipal Code sets a 0.5-acre minimum lot size in the multi-family
zoning districts. Per code, smaller lots can be approved through a Planned Development
Overlay Zone process. However, as a qualifying small home lot development under the
2021 State law, the City cannot apply minimum lot size standards. All other local
requirements which are not in conflict with this section of State law are still applicable to
the project, including those for deep lot / flag lot subdivisions , setbacks, and multi-family
lot development standards. The project as conditioned complies with all applicable
provisions of the Atascadero Subdivision Ordinance.
5
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04/16/2024
TPM AT 24-0002
SBDV24-0015
Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
In addition to the standard subdivision findings, t he Planning Commission is required to
make additional findings to approve a flag lot subdivision. Those are included and
discussed in the attached draft resolution.
ENVIRONMENTAL DETERMINATION:
The proposed project is Categorically Exempt from the provisions of the California
Environmental Quality Act (California Public Resources Code §§ 21000, et seq., “CEQA”)
and CEQA Guidelines (Title 14 California Code of Regulations §§ 15000, et seq.)
pursuant to CEQA Guidelines Section 15315 (Minor Land Divisions).
FINDINGS:
To recommend approval of the proposed project, all required findings must be made in
the affirmative by the Planning Commission. The California Subdivision Map Act and Title
11 (Subdivisions) of the Atascadero Municipal Code identify the specific findings that must
be made to approve a Tentative Parcel Map for a Flag Lot Subdivision and a small home
lot development. Findings and the facts to support these findings are included in the Draft
Resolution.
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
6
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04/16/2024
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SBDV24-0015
Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
attached resolutions. Conditions of approval, however, cannot be in conflict with
Government Code Section 66499.40.
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. It should be noted that
small home lot developments must be approved unless specific findings as set
forth in Government Code Section 66499.40(g) are made.
ATTACHMENTS:
1. Draft Resolution
2. Site Pictures
7
ITEM 2
04/16/2024
TPM AT 24-0002
SBDV24-0015
ATTACHMENT 1: Draft Resolution
SBDV24-0015
DRAFT PC RESOLUTION
RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ATASCADERO, CALIFORNIA,
APPROVING TENTATIVE PARCEL MAP AT 24-0002 (SBDV24-0015) FOR A THREE
LOT SUBDIVISION PURSUANT TO STATE LAW GOVERNING SMALL HOME LOT
DEVELOPMENTS (GOV’T CODE SECTION § 66499.40) AND TO ALLOW A FLAG LOT SUBDVISION
Condor Enterprises, LLC
7685 Santa Ynez Avenue, APN 031-152-021
WHEREAS, an application has been received from Condor Enterprises, LLC, 14002 San
Antonio Rd, Atascadero, CA 93422, (Applicant/ Owner) to consider Tentative Parcel Map AT 24-
0015 to allow a three-parcel, deep lot subdivision, including a flag lot, of a 0.32-ac property at
7685 Santa Ynez Avenue, Atascadero, CA 93422 (APN 131-152-021); and
WHEREAS, the site has a General Plan Designation of Medium Density Residential; and
WHEREAS, the site is in the Residential Multifamily, 10 dwelling unit per acre (RMF -
10) zoning district; and
WHEREAS, the application is submitted as a Small Home Lot Development consistent
with the criteria of the Starter Home Revitalization Act of 2021 (Gov. Code § 66499.40) as
approved by Assembly Bill 803 and made effective January 1, 2022; 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 Tentative
Parcel Map 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 Tentative Parcel Map;
and
NOW, THEREFORE, the Planning Commission of the City of Atascadero, California
hereby finds, resolves and determines as follows:
SECTION 1. Recitals: The above recitals are true and correct and incorporated herein as
if set forth in full.
SECTION 2. Public Hearings. The Planning Commission held a duly noticed public
hearing to consider the project on April 16, 2024 and considered testimony and reports from staff,
the applicants, and the public.
8
ITEM 2
04/16/2024
TPM AT 24-0002
SBDV24-0015
SECTION 3. Findings for approval of Tentative Parcel Map. The Planning Commission
finds as follows:
Subdivision Map Act Findings (Government Code §§ 66474(a)-(g))
1. The proposed subdivision, together with the provisions for its design and improvement,
is consistent with the General Plan and applicable Specific Plans.
Fact: The subject property is designated Medium Density Residential and is zoned
RMF-10. The proposed lot will continue to allow the residential uses permitted
anticipated by the General Plan and permitted by the zone. The subject property is not
within a specific plan area.
2. The site is physically suitable for the type of development.
Fact: The subject property is a flat lot in a developed residential neighborhood with
sufficient space to provide necessary access and services for new residential uses.
3. The site is physically suitable for the proposed density of development.
Fact: The subject property is a 13,895 SF lot zoned RMF-10. As existing, the site can
be developed with three units without any foreseeable physical constraints that would
prohibit the ability to meet local development standards.
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.
Fact: The project is a subdivision of a semi-developed multifamily lot in a
predominantly developed residential neighborhood. The vacant areas of the lot consist
of significantly disturbed dirt, gravel and grass which have minimal habitat value for
any protected flora or fauna.
5. The design of the subdivision or the type of improvements will not cause serious health
problems.
Fact: Standard frontage improvements are conditioned to be completed the time of
development to address drainage and improve on street parking. A condition of
approval is included with the project that is intended to create a single point of vehicular
access for Parcels 2 & 3 in order to reduce potential traffic safety conflicts by limiting
access to a single driveway entry for both properties.
6. The design of the subdivision will not conflict with easements, acquired by the public
at large, for access through or use of property within the proposed subdivision.
9
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04/16/2024
TPM AT 24-0002
SBDV24-0015
Fact: No access easements presently exist on the subject property. A new access
easement will be established on Parcel 2 in favor of Parcel 3 to secure safe access
through a single driveway for both properties.
Small Home Lot Development Findings (Gov. Code § 66499.40(g)(1)-(4))
7. The small lot development meets all of the requirements of Gov. Code § 66499.40.
Fact: The proposed subdivision meets the defining criteria of a “Small Home Lot
Development” and will be conditioned to ensure that all future single-family
development complies with standards set forth by Gov. Code § 66499.40.
8. The small lot development complies with all requirements of the Subdivision Map Act
that are not in conflict with Gov. Code § 66499.40.
Fact: The proposed project complies with all provisions of the Subdivision Map Act
as well as local subdivision requirements, including the specific requirements for Small
Home Lot Developments in Gov. Code § 66499.40. All findings of approval applicable
to tentative parcel maps are made as listed in discussed in this resolution.
9. The small lot development complies with all local general plan, zoning, subdivision,
and design standards that are not in conflict with Gov. Code § 66499.40.
Fact: The proposed project complies with the City’s general plan policies aof the
Medium Density Residential land use designation as well as the applicable zoning
provisions of the RMF-10 zone and local city subdivision standards.
10. The small lot development would have no specific, adverse impact upon the public
health or safety. As used in this finding, a “specific, adverse impact” means a
significant, quantifiable, direct, and unavoidable impact based on objective, identified
written public health or safety standards, policies, or conditions, as they existed on the
date the application was deemed complete.
Fact: There are no foreseeable adverse, specific impacts associated with the
subdivision or future development of this property. The subdivision will allow for a
density of three dwellings on the project site, which is equivalent to that of the original
parcel.
Flag Lot Findings (AMC § 11-6.26)
11. The subdivision is consistent with the character of the immediate neighborhood.
Fact: The subject property is located along the boundary of the single family and
multifamily zone. The nature of the development is such that each new parcel would
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SBDV24-0015
have the same development potential as a single-family parcel, and the maximum
density would be the same as that of the original lot.
12. The installation of a standard street, either alone or in conjunction with neighboring
properties is not feasible.
Fact: The size of the project cannot accommodate a standard street while retaining
reasonably buildable lots due to the small lot nature of the subdivision.
13. The flag lot is justified by topographical conditions.
Fact: The project site is topographically well-suited to accommodate a flag lot because
the property is flat without constraints that would prevent the use or improvement of
proposed 20’ access way for driveway or utility purposes consistent with City
standards.
SECTION 4. CEQA. The project is exempt from the California Environmental Quality
Act (CEQA), under Categorical Exemption § 15315, Class 15: Minor Land Divisions as identified
in the attached Notice of Exemption.
SECTION 5. Approval. The Planning Commission of the City of Atascadero, in a regular
session assembled on April 16, 2024, resolves to approve Tentative Parcel Map AT 24-0002
(SBDV 24-0015), subject to the following:
EXHIBIT A: Conditions of Approval
EXHIBIT B: Tentative Parcel Map
EXHIBIT C: Notice of Exemption
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
______________________________
Tori Keen
Planning Commission Chairperson
Attest:
______________________________
Phil Dunsmore
Planning Commission Secretary
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Exhibit A: Conditions of Approval
SDBV24-0015
Conditions of Approval
SBDV 24-0015
Tentative Parcel Map 24-0002
Condor Enterprises TPM
APN 031-152-021
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 DIVISION
1. This approval is for Tentative Parcel Map 24-0002 (SBDV24-0015)
as depicted and described on the attached exhibits allows for the
subdivision of APN 031-152-021 into a total of three legal lots under
the small home lot development provisions of the Gov. Code §
66499.40. The approval of these entitlements project runs with the
land, regardless of the owner.
Ongoing PS
2. The approval of these entitlements shall become final and effective
for the purposes of issuing building permits the day after the Planning
Commission hearing unless an appeal is made in accordance with
the Atascadero Municipal Code.
Ongoing PS
3. In accordance with the Atascadero Municipal Code section 9-8.105,
any violation of any of the conditions of approval may be cause for
revocation of this entitlement and subject the applicant and/or future
property owners to the penalties set for in the Atascadero Municipal
Code, as well as any other available legal remedies.
Ongoing Ongoing
4. The Community Development Director and/or City Engineer shall
have the authority to make modifications to the final map that remain
in substantial conformance with the approved Tentative Map.
BP / FM PS, CE
5. Approval of these entitlements 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 final map, or a time extension has been granted, consistent with the
Atascadero Municipal Code.
BP / FM PS
6. A final map drawn in substantial conformance with the approved
tentative map, and in compliance with all conditions set forth herein,
shall be submitted for review and approval in accordance with the
Subdivision Map Act and the City’s Subdivision Ordinance.
FM PS/CE
7. 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 subdivision.
Ongoing PS
8. All subsequent Tentative Map and construction permits shall be
consistent with the Master Plan of Development approved for the
project, or as further specified by the conditions herein.
BP / FM PS, CE
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SBDV24-00015
Conditions of Approval
SBDV 24-0015
Tentative Parcel Map 24-0002
Condor Enterprises TPM
APN 031-152-021
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
9. The subdivision shall be subject to additional fees for park or
recreation purposes (QUIMBY Act) as required by City Ordinance.
BP PS
10. A shared access and utility easement shall be recorded over the 20’
accessway on Parcel 2 in favor of Parcel 3. An easement agreement
shall be recorded concurrently with the map which shall detail and
govern nature of the easement, rights of the users, and maintenance
responsibilities.
FM PS, CE
11. An access restriction shall be recorded on the face of the map for
Parcel 3 along the Navajoa Avenue frontage. All vehicular access
shall occur from the shared access and utilities easement on Parcel
2 in favor of Parcel 3.
FM, BP PS
12. This subdivision shall be developed with a single-family dwelling as
prescribed by Gov. Code § 66499.40, as approved by Assembly Bill
803 and made effective January 1, 2022. A deed covenant shall be
recorded concurrent with recordation of the final map stating that the
maximum floor area of any single-family residences on the resulting
lots (Parcel 1, 2 and 3) shall not exceed 1,750 SF, or as otherwise
permitted for consistency in accordance with Gov. Code § 66499.40.
The deed covenant shall specify other provisions and restrictions of
State law as necessary to convey future development requirements,
including that the site complies with the external site front, side and
rear setback requirements and that proposed units comply with
existing height limitations, if applicable.
FM PS
13. The design of a single-family residence on Parcel 3 shall have a front
building facade that faces Navajoa Avenue. This shall be included in
the deed covenant.
FM, BP PS
PUBLIC WORKS DEPARTMENT
Utilities
14. Each lot shall be served with separate services for water, sewer, gas,
power, telephone and cable TV.
BP CE
Frontage Improvements
15. A "Covenant of Installation of Public Improvements" shall be required
to be recorded concurrently with the Final Map. The document shall
require frontage improvements and timing in accordance with the
improvement deferral provisions of the Subdivision Map Act for
parcel maps. The required improvements will include road widening,
curb and gutter, and any associated improvements, or a variation
approved by the City Engineer.
BP CE
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SBDV24-00015
Conditions of Approval
SBDV 24-0015
Tentative Parcel Map 24-0002
Condor Enterprises TPM
APN 031-152-021
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
16. All public improvements shall be constructed in conformance with
the City of Atascadero Engineering Department Standard
Specifications and Drawings. Public Improvement Plans shall be
submitted to the Public Works department for review and
approval.
BP, GP CE
17. Prior to the final Public Works inspection of the first parcel to
develop which takes access off Navajoa Avenue (Parcel 2 or 3),
the applicant shall submit a written certification from a registered
civil engineer or land surveyor that all survey monuments have
been set as shown on the final map.
BP, GP CE
Standard Conditions
18. Documents that the City of Atascadero requires to be recorded
concurrently with the Final Map (e.g.: off-site rights-of-way
dedications, easements not shown on the map, agreements, etc.)
shall be listed on the certificate sheet of the map.
FM CE
19. The City of Atascadero may require an additional map sheet for
information purposes in accordance with the Subdivision Map Act.
FM CE
20. The applicant shall be responsible for the relocation and/or
alteration of existing utilities.
BP, GP CE
21. All utilities (water, sewer, gas, electric, cable TV and telephone)
shall be placed underground. Utilities shall be designed in a
manner to accommodate future extensions or connection where
feasible or required by the City.
BP, GP CE
22. Prior to recording the parcel map, the applicant shall have the
map reviewed by all applicable public and private utility
companies (cable, telephone, gas, electric, sewer (City), water
(Atascadero Mutual Water Company)). The applicant shall obtain
a letter from each utility company indicating their review of the
map. The letter shall identify any new easements that may be
required by the utility company. A copy of the letters shall be
submitted to the City. New easements shall be shown on the
map.
FM CE
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SBDV24-0015
EXHIBIT B: Tentative Parcel Map
SBDV24-0015
See Following
15
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EXHIBIT C: Notice of Exemption
SBDV24-0015
CITY OF ATASCADERO
NOTICE OF EXEMPTION
6500 Palma Avenue Atascadero, CA 93422 805.461.5000
Date Received Stamp
TO: Clerk-Recorder Office
County of San Luis Obispo
1055 Monterey Street Suite D120
San Luis Obispo, CA 93408
Office of Planning and Research
P.O. Box 3044, Room 113
Sacramento, CA 95812-3044
FROM: City of Atascadero
Community Development Department
6500 Palma Avenue
Atascadero, CA 93422
SUBJECT: Filing of Notice of Exemption in Compliance with Sections 15062 and 21152 of the Public
Resources Code
Project Title: SBDV24-0015 – Tentative Parcel Map AT 24-0002
Project Applicant: Condor Enterprises, LLC, 14002 San Anselmo Rd., Atascadero, CA 93422;
kwmcgurty@icloud.com; (805) 440-0285
Project Location: 7685 Santa Ynez Avenue, Atascadero, CA 93422 (APN 131-152-021)
Project Description: Tentative Parcel Map for a three-lot subdivision of a 0.32-acre lot zoned RMF-10
pursuant to the provisions for small home lot developments of the Starter Home Revitalization Act of 2021
(Cal. Gov. Code § 66499.40). The resulting Parcels, 1, 2, and 3 will be 5,319 SF, 3,642 SF, and 3,252 SF,
respectively. Access to Parcel 1 will continue to be from Santa Ynez Avenue. Parcels 2 and 3 will be in a flag
lot configuration with shared access proposed from Navajoa Avenue via a 20’ access easement.
Name of Public Agency Approving Project: City of Atascadero
Name of Person or Agency Carrying Out Project: Condor Enterprises, LLC
17
CITY OF ATASCADERO
NOTICE OF EXEMPTION
Page 2 of 2
Page 2 of 2
Exempt Status:
Ministerial (Sec. 15268); General Rule Exemption (Sec. 15061. c);
Declared Emergency (Sec. 15269(a)); Categorically Exempt (Sec. 15301 - 15333);
Emergency Project (Sec. 15269(b)(c)); Statutory Exemption (Sec. 15261 - 15285)
Reasons why the project is exempt: The project is exempt from environmental review pursuant to pursuant
to CEQA Guidelines Section 15315 (Minor Land Divisions). The subject property in urbanized areas zoned
for residential use and will be subdivided into a total of three parcels. The project is in conformance the
Atascadero General Plan and Zoning Ordinance, and all provisions of state law that otherwise override local
requirements. The new parcels will continue to have access at their respective street frontage to all necessary
services and utilities. The property has not been involved in the subdivision of a larger parcel within the
previous 2 years. The parcel does not have an average slope greater than 20 percent.
Lead Agency Contact Person: Erick Gomez, Planner
(805) 470-3436
egomez@atascadero.org
Date Exemption Accepted: 04/16/2024
_________________________
03/08/2024
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ATTACHMENT 2: Site Photos
SBDV24-0015
Figure 1. Aerial view of Project Site with subject Assessor Parcels
lines shown in red.
Figure 2. Western view of Project Site and existing single-family residence
from Santa Ynez Avenue.
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Figure 3. Western view of property from Navajoa Avenue.
20
CITY OF ATASCADERO
PLANNING COMMISSION STAFF REPORT
Item 3
Department: Community
Development
Date: 4/16/24
TO: PHIL DUNSMORE, COMMUNITY DEVELOPMENT DIRECTOR
FROM: KELLY GLEASON, PLANNING MANAGER
PREPARED BY: KELLY GLEASON, PLANNING MANAGER
SUBJECT: Objective Design Standards (CPP21-0053)
RECOMMENDATION:
Planning Commission continue the item to a date certain, May 7, 2024, to allow additional time
for public outreach and education.
DISCUSSION:
BACKGROUND
The Objective Design Standards (ODS) project would establish a set of quantifiable design criteria
for multi-family residential projects, including mixed-use developments within commercial
districts. These standards are being established in response to several recent State laws that
require streamlined review for certain residential projects as well as to provide community
consistency for these types of projects. Any multi-family or mixed-use development project with
2 or more residential units would be subject to ODS. This project entails substantial amendments
to the City’s Zoning Code, Title 9 of the municipal code.
At this time, staff needs additional time to perform outreach to the public, Planning Commission
members and City Council ahead of the hearing date.
REVIEWED AND APPROVED FOR PLANNING COMMISSION AGENDA
Phil Dunsmore, Community Development Director
ATTACHMENTS:
None
21