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CITY OF ATASCADERO
PLANNING COMMISSION AGENDA
Regular Meeting
Tuesday, January 6, 2015 – 7:00 P.M.
Historic City Hall Council Chambers
6500 Palma Avenue, 4th Floor (Enter on Lewis Ave./Jr. High School Side)
Atascadero, California 93422
CALL TO ORDER
Pledge of Allegiance
Roll Call: Chairperson Dennis Schmidt
Vice Chairperson Mark Dariz
Commissioner David Bentz
Commissioner Duane Anderson
Commissioner Len Colamarino
Commissioner Christian Cooper
Commissioner Jan Wolff
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.)
PLANNING COMMISSION BUSINESS
City of Atascadero Planning Commission Agenda Regular Meeting, January 6, 2015
Page 2 of 4
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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 DRAFT ACTION MINUTES OF DECEMBER 2, 2014
COMMUNITY DEVELOPMENT STAFF REPORTS
None
PUBLIC HEARINGS
DISCLOSURE OF EX PARTE COMMUNICATIONS:
Prior to a project hearing Planning Commission Members must disclose any communications they have had on any
quasi-judicial agenda items. This includes, but is not limited to, Tentative Subdivision Maps, Parcel Maps,
Variances, Conditional Use Permits, and Planned Development Permits. This does not disqualify the Planning
Commission Member from participating and voting on the matter, but gives the public and applicant an opportunity
to comment on the ex parte communication.
(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 t o 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).)
2. PLN 2014-1532 AMENDMENT TO CUP 1988-003 FOR 5700 SAN BENITO RD.
Property
Owner/Applicant:
Michael L Fredrick, PO Box 573, Atascadero, CA 93423 (owner)
Robert Fisher, 8775 San Rafael Rd, Atascadero, CA 93422 (applicant)
Project Title: Amendment to Master Plan of Development – Michael Fredrick’s Paving
Project Location: 5700 San Benito Road (San Benito Road / El Camino Real), Atascadero, CA 93422
(APN # 049-201-040)
Project
Description:
Amendment to an existing Master Plan of Development (CUP 1988-003) to allow an
additional 4.950 square foot (sf) equipment storage shed within a CPK / PD -1 overlay
zone. Additionally, staff proposed modifications to the Master Plan of Development’s site
plan to match existing buildings on the proposed site, as well as elimination of proposed
future improvements that are no longer a part of the original approved Master Plan of
Development.
General Plan Designation: Commercial Park (CPK)
Zoning: Commercial Park (CPK) / Planned Development (PD-1)
Proposed
Environmental
Determination:
California Environmental Quality Act Categorical Exemption Class 3 pertaining to the
construction of a small structure not exceeding 10,000 square feet in floor area on sites
zoned for such uses (equipment storage) if not involving significant amounts of
hazardous substances where all the necessary public services and facilities are
available and the surrounding area is not environmentally sensitive.
Staff
Recommendation:
DRC recommends the Planning Commission approve Resolution PC 2015 -0001
amending CUP 1988-003 to allow for construction of a 4,959 sf equipment shed with
additional Master Plan of Development Amendments for consistency with existing site
conditions.
City of Atascadero Planning Commission Agenda Regular Meeting, January 6, 2015
Page 3 of 4
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COMMISSIONER COMMENTS AND REPORTS
DIRECTOR’S REPORT
ADJOURNMENT
The next regular meeting will be on January 20, 2015 at City Hall Council Chambers, 6500
Palma Avenue, Atascadero.
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, January 6, 2015
Page 4 of 4
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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 7:00 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 i nspection during City Hall
business hours at the Front Counter of City Hall, 6500 Palma Avenue, Atascadero, and on our website,
www.atascadero.org. All documents submitted by the public during Commission meetings that are either read into
the record or referred to in their statement will be noted in the minutes and available for review in the Community
Development Department. Commission meetings are audio recorded, and may be reviewed by the public. Copies of
meeting recordings are available for a fee. Contact the City Clerk for more information (470-3400).
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City
meeting or other services offered by this City, please contact the City Manager’s Office or the City Clerk’s Office,
both at (805) 470-3400. Notification at least 48 hours prior to the meeting or time when services are needed will
assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or
service.
TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA
Under Agenda item, “PUBLIC COMMENT”, the Chairperson will call for anyone from the audience having business
with the Commission to approach the lectern and be recognized.
1. Give your name for the record (not required)
2. State the nature of your business.
3. All comments are limited to 3 minutes.
4. All comments should be made to the Chairperson and Commission.
5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any
other individual, absent or present.
This is when items not on the Agenda may be brought to the Commission’s attention. A maximum of 30 minutes will
be allowed for Public Comment Portion (unless changed by the Commission).
TO SPEAK ON AGENDA ITEMS (from Title 2, Chapter 1 of the Atascadero Municipal Code)
Members of the audience may speak on any item on the agenda. The Chairperson will identify the subject, staff will
give their report, and the Commission will ask questions of staff. The Chairperson will announce when the public
comment period is open and will request anyone interested to address the Co mmission regarding the matter being
considered to step up to the lectern. If you wish to speak for, against or comment in any way:
1. You must approach the lectern and be recognized by the Chairperson.
2. Give your name (not required).
3. Make your statement.
4. All comments should be made to the Chairperson and Commission.
5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any
other individual, absent or present.
6. All comments limited to 3 minutes.
If you wish to use a computer presentation to support your comments, you must notify the C ommunity Development
Department at 470-3402 at least 24 hours prior to the meeting. Digital presentations brought to the meeting should
be on a USB drive or CD. You are required to submit to the Recording Secretary a printed copy of your presentation
for the record. Please check in with the Recording Secretary before the meeting begins to announce your presence
and turn in the printed copy.
The Chairperson will announce when the public comment period is closed, and thereafter, no further public
comments will be heard by the Commission.
PC Draft Action Minutes of 12/2/14
Page 1 of 4
CITY OF ATASCADERO
PLANNING COMMISSION
DRAFT ACTION MINUTES
Regular Meeting – Tuesday, December 2, 2014 – 7:00 P.M.
City Hall Council Chambers
6500 Palma Avenue, Atascadero, California
CALL TO ORDER - 7:02 p.m.
Vice Chairperson Dariz called the meeting to order at 7:04 p.m. and Commissioner
Bentz led the Pledge of Allegiance.
ROLL CALL
Present: Commissioners Anderson, Bentz, Colamarino, Wolff, and Vice
Chairperson Dariz
Absent: Chairperson Schmidt (excused)
Commissioner Cooper (unexcused)
Others Present: Recording Secretary, Annette Manier
Staff Present: Community Development Director, Warren Frace
Assistant Planner, Alfredo Castillo
APPROVAL OF AGENDA
MOTION: By Commissioner Bentz and seconded by
Commissioner Wolff to approve the agenda.
Motion passed 5:0 by a roll-call vote.
PUBLIC COMMENT
None
Vice Chairperson Dariz closed the Public Comment period.
ITEM NUMBER: ITEM NUMBER: 1
DATE: 1-6-15
PC Draft Action Minutes of 12/2/14
Page 2 of 4
PLANNING COMMISSION BUSINESS
None
CONSENT CALENDAR
1. APPROVAL OF ACTION MINUTES OF THE REGULAR PLANNING
COMMISSION MEETING ON NOVEMBER 18, 2014.
MOTION: By Commissioner Bentz and seconded by
Commissioner Anderson to approve the consent
calendar.
Motion passed 5:0 by a roll-call vote.
COMMUNITY DEVELOPMENT STAFF REPORTS
None
PUBLIC HEARINGS
2. PLN 2010-1367 AMENDMENT FOR 7480 EL CAMINO REAL (Heritage Oaks
Bank)
Property
Owner/Applicant:
Heritage Oaks Bank, 545 12th Street, Paso Robles, CA 93446
Project Title: PLN 2010-1367 / CUP 1988-005 Heritage Oaks Bank Conditional Use Permit
Amendment
Project Location: 7480 El Camino Real, Atascadero, CA 93422
(San Luis Obispo County) APN: 030-231-019
Project
Description:
An Amendment to a previously approved Conditional Use Permit (CUP) allowing for an
additional drive-through lane for an Automated Teller Machine (ATM) for a total of five
(5) drive-through lanes on-site. Additional drive-through lane will eliminate seven (7)
existing parking spaces. Additional landscaping will be provided as a part of
improvements with the proposed drive-through lane.
Zoning: Commercial Professional (CP)
General Plan Designation: General Commercial (GC)
Proposed
Environmental
Determination:
California Environmental Quality Act Categorical Exemption Class 3 pertaining to the
“new construction of small facilities that are accessory (appurtenant) structures.”
Staff
Recommendation:
Staff recommends the Planning Commission approve Resolution PC 2014-0031
amending CUP 1988-005 allowing an additional drive-through lane for a previously
approved drive-through banking facility.
PC Draft Action Minutes of 12/2/14
Page 3 of 4
EX PARTE COMMUNICATIONS
None
PUBLIC COMMENT
The following members of the public spoke during public comment: Stephen Pults. Mr.
Pults asked for a consideration in a reduction in the number of parking spaces required,
and explained that the parking lot is hardly full due to online banking. He explained
there is adequate parking.
Assistant Planner Castillo explained that staff has no objections to this request.
Vice Chairperson Dariz closed the public comment period.
MOTION: By Commissioner Bentz and seconded by
Commissioner Anderson to approve Resolution
2014-0031 approving an Amendment to CUP 1988-
005 (PLN 2010-1367) allowing an additional drive-
through lane at an existing commercial bank at
7480 El Camino Real for Heritage Oaks Bank,
based on findings and subject to conditions of
approval, with a reduction in the number of
parking spaces from 67 to 64, and including
approving the additional exhibit attached (shown
on the screen during the meeting), which shall be
added to the resolution. (Exhibit A)
Motion passed 5:0 by a roll-call vote.
COMMISSIONER COMMENTS AND REPORTS
None
DIRECTORS REPORT
Director Frace stated that the next meeting will be held on December 16, 2014,
but it may be cancelled.
On December 9, 2014, the City Council will hear the Library General Plan
Amendment, and a presentation from the Atascadero Mutual Water Company
about Groundwater Maintenance Districts.
People’s Self Help Housing will hold a key ceremony on December 4 th at 2 p.m.
Commissioners are invited to attend.
The Principal Mixed-Use Project will be ready for a Planning Commission hearing
early next year.
PC Draft Action Minutes of 12/2/14
Page 4 of 4
ADJOURNMENT – 7:26 p.m.
The next regular meeting of the Planning Commission is scheduled for December 16,
2014, at 7:00 p.m. at City Hall, Council Chambers, 6500 Palma Avenue, Atascadero.
MINUTES PREPARD BY:
_____________________________
Annette Manier, Recording Secretary
The following exhibit is available in the Community Development Department:
Exhibit A - Map
t:\~ planning commission\pc minutes\pc minutes 2014\pc draft actn minutes 12 2 14.am.docx
September 2, 2003
Page 1 of 20
Atascadero Planning Commission
Staff Report - Community Development Department
Alfredo R. Castillo, AICP, Assistant Planner, 470-3436, acastillo@atascadero.org
PLN 2014-1532
Amendment to Conditional Use Permit 1988-003
Michael Fredrick’s Paving – Master Plan of Development Amendment
5700 San Benito Road
(Fisher / Frederick)
SUBJECT:
The project is a proposed amendment to a previously approved Master Plan of
Development / Conditional Use Permit (CUP) to allow a 4,950 square foot equipment
shelter, as well as, modify Master Plan of Development to match existing site conditions
and improvements completed since adoption of CUP 1988-003.
RECOMMENDATION:
DRC Recommends:
The Planning Commission adopt Resolution PC 2015-0001 approving a Site Plan
amendments to CUP 1988-003, reducing the number of parcels within the Master Plan
of Development to one (1), modifying the site plan to correspond with existing permitted
structures, and allowing for the construction of a new 4,950 equipment shelter.
Situation and Facts
1. Applicant/Representative: Robert Fisher, 8775 San Rafael Road, Atascadero, CA
93422
2. Property Owner: Michael Frederick, PO Box 573, Atascadero, CA 93423
3. Project Address: 5700 San Benito Road, Atascadero, CA 93422
APN 049-201-040
4. General Plan Designation: Commercial Park (CPK)
5. Zoning District: Commercial Park (CPK) / Planned Development (PD-1)
ITEM NUMBER: 2
DATE: 1-6-15
6. Site Area: 2.2 acres
7. Existing Use: Equipment and Vehicle Storage / Office
8. Environmental Status: Section 1503 Categorical Exemption: Small New
Construction
DISCUSSION:
Surrounding Land Use and Setting:
North: Commercial Park (CPK) / El Camino Real
South: US Highway 101
East: Commercial Park (CPK)
West: Commercial Park (CPK)
Aerial Photo
Project Site
Background
The Master Plan of Development (CUP 88-003) for the property was originally approved
by the Planning Commission in July 1988. The original application consisted of a Master
Plan of Development for Michael Fredrick’s Paving site, additional parking for a
neighboring site, lot mergers, and road abandonment for a portion of San Benito Road
between El Camino Real and Highway 101.
1988 Approved Master Plan of Development
Michael Fredrick moved forward with his project, ho wever encountered difficulty in
meeting the original conditions of approval and revised his master plan in 1989,
receiving an amendment to the conditions of approval allowing for buildings to be
constructed prior to finalization of the roadway abandonment. The portion of San Benito
Road was officially abandoned by the City Council between El Camino Real and
Highway 101 in March of 1991. While the applicant had an approved Master Plan of
Development for multiple properties, ultimately the majority of the pro posed uses over
the sites were never constructed.
US 101
El Camino Real
CUP 88-003
In 2001, the property owner applied for a new Conditional Use Permit (CUP 2001-0043)
on a portion of the 1988 approved Master Plan of Development. In 2003, the Planning
Commission approved a CUP for a 30,250 square foot (sf) commercial “mini-storage”,
4,000 sf office buildings (a part of the original 1988 CUP approval), an 80 -foot monopine
cellular tower, parking lot and landscaping. In 2011, this CUP was further amended to
allow for manufactured home sales. In early 2014, the Planning Commission approved
an additional amendment to this CUP for automotive sales, specifically RV Sales to
occur on this site, as a part of the initial phase 1 improvement.
1988 Approved Master Plan of Development with Aerial
ANALYSIS:
In October 2014, the applicant submitted for a building permit for a 4,950 sf outdoor
equipment shelter. Staff reviewed its files on the site to determine whether this was an
allowed use, consistent with the Planned Development o verlay zone designated over
the site. The approved Master Plan did not include a proposed equipment shelter at this
location. Planned Development Overlay #1 requires the following:
CUP 2001-
0043
CUP 2013-0270 /
TPM 2013-0100
Existing CUP 1988-003
Not A Part
Existing office building on-site
9-3.645 – Planned development Overlay Zone No. 1
(a) A master plan of development shall be approved prior to approving a plot plan, precise plan,
conditional use permit, or tentative parcel or tract map. The master plan of development shall be applied
for and processed in the manner prescribed for a conditional use permit (Section 9-2.110).
(b) In approving a master plan of development, the level of processing for subsequent projects or
phases may be reduced to a plot plan provided that the master plan contains sufficient detail to support
such a determination.
(d) A minimum front setback of twenty (20) feet shall be provided along the El Camino Real
frontage of all parcels. Rear setbacks shall be a minimum of ten (10) feet.
(e) Plans shall make provision to develop an attractive appearance along Highway 101 through
the use of landscaping, building and parking orientation and other means.
(f) The number of driveways along El Camino Real shall be minimized to prevent potential
traffic conflicts.
(g) All utilities shall be installed underground.
(h) Exterior building materials shall be reviewed for acceptability and shall exhibit compatible
relationships between buildings on a particular site or parcel. (Ord. 68 §9-3.645, 1983)
Based on the 1988 Master Plan of Development and the requirements of PD-1, coupled
with approvals from CUP 2003-0043, staff determined that an amendment to the 1988
CUP for consistency with the underlying zoning district and Planned Development
overlay was required in order to allow for any new structures on the site through the
building permit process.
Existing Site Conditions
The site is approximately 2.2 acres. The site is accessed off the remaining portion of
San Benito Road. The site is gated at the entry and fenced with chain link fence with
vinyl slats. On-site are existing metal buildings, including an existing 3,450 square foot
(sf) office building, an existing
6,000 sf shop, and additional
3,102 sf of outdoor equipment
sheds and covered shelters.
Parking is provided on-site for
both employees and vehicles
utilized for the paving
operation. Landscaping has
been completed along the
Highway 101 frontage to
screen portions of the
equipment storage lot from
traffic.
Proposed Additional Equipment Shelter
The applicant proposes construction of a 4,950 sf equipment shelter that will be open on
three-sides for equipment storage on-site. The applicant is requesting the additional
equipment shelter to protect construction equipment from weather elements during the
year. The shelter will be similar architecturally to the existing metal sheds on -site. The
applicant is requesting red color banding along the top of the sheds for consistency with
Michael Fredrick’s Paving Branding that is prevalent on the office building, shop
buildings, and the canopy of the gas tanks.
At the December 2014 Design Review Committee (DRC) meeting, the DRC
recommended that the Planning Commission approve the equipment shelter to be
painted with the warm grey colors that are consistent with the Office / Shop buildings
and that the red color band be limited to trim only (condition 24).
Proposed Storage Shed for Equipment
Planned Development overlay #1 requires buildings to be setback approximately 10 -feet
from the rear property line for buildings adjacent to Highway 101. The existing 831 sf
Equipment shed (Building D) does not meet this setback requirement. Staff has
reviewed the permit history of the property and while a permit was issued, at the time
staff had no knowledge of the PD-1 overlay on this site.
The applicant is proposing an additional Equipment Shelter located adjacent to Highway
101 (Building E). The proposed setback is currently 5-feet. Staff and the DRC are
recommending that this setback be 10-feet, consistent with PD-1 overlay requirement
(Condition 22).
Proposed Color Banding
Proposed Site Plan Amendments
Proposed amendments to the Master Plan of Development include the following:
Elimination of proposed offices / parking, etc that were shown in the 1988 approvals on
APN 049-201-047,04 (CUP 2003-0043);
Elimination of proposed residential uses from a house that was demolished in 2005
(BLD 2005-05102);
Amended Master Plan of development boundary to encompass only APN 049-201-040
(Michael Fredrick’s Paving).
The amended Master Plan of Development would include the following:
2014 Proposed Master Plan of Development – Amendment
A – Existing Office Building (3,450 sf)
B – Existing Shop (6,000 sf)
C – Existing Fuel Tank / Roof Canopy (90 sf)
D – Existing Equipment Shelter (837 sf)
E – Proposed Equipment Shelter (4,950 sf)
F – Existing Low-Roof Equipment Shelter (1,300 sf)
G – Employee / Visitor Parking Area
H – Aggregate Storage Area (875 sf)
I – Additional Uncovered Outdoor Equipment Storage Area
C
D
F
G
I
H
B
A E
Existing Landscaping along Highway 101
Master Plan of Development Totals
9,450 sf total shop / office
8,052 sf total covered outdoor storage
17,502 sf total on-site structures
Landscaping and Screening
The site is currently landscaped with trees along the highway 101 frontage, which was a
requirement of the original Master
Plan of Development and the PD-
1 overlay district. Although the
landscaping is not as intensive as
shown in the 1988 approved
master plan, the trees that are
planted provide screening from
the freeway of the storage yard
when coupled with the green vinyl
slats that the applicant is utilizing
around the perimeter of the site.
At the December 2014 DRC
meeting, staff and the applicant
discussed additional landscaping
along the Highway 101 frontage.
Staff recommended additional
landscaping in the area where the
additional setback is required to
meeting PD-1 setback requirements. DRC is recommending that additional landscaping
be provided in this area. Landscaping should consists of additional tree plantings that
“fill in the gaps” between the proposed new building and existing landscaping (Condition
23).
Additional Tree Landscaping
Proposed Tree Planting Areas – DRC Recommendation
Parking
The Master Plan of Development included parking calculations for all uses on the site.
Staff has revised the parking requirements based on the submitted site plan. The site is
adequately parked based on the Atascadero Municipal Code stan dards that require 1
space per 500 square feet of floor area. For calculation purposes, Staff is only including
the existing shop / office for this calculation. The total number of parking spaces
required is 19 parking spaces. Area “G” and parking stalls directly adjacent to Building A
accommodate the required parking.
Findings for a Conditional Use Permit
The Planning Commission must make the following five findings in order to approve an
Amendment to the CUP. If the Commission chooses to deny the project, site specific
findings for denial must be sited.
1. The proposed project or use is consistent with the General Plan .
Staff Comment: The proposed use and amendment is consistent with the
General Plan
2. The proposed project or use satisfies all applicable provisions of the Title (Zoning
Ordinance).
Staff Comment: The proposed amendment satisfies all applicable provisions of
the zoning ordinance, and includes a previously approved height waiver , parking
reductions, and additional signage adopted through findings.
3. The establishment, and subsequent operation or conduct of the use will not,
because of the circumstances and conditions applied in the particular case, be
detrimental to the health, safety, or welfare of the general public or persons re siding
or working in the neighborhood of the use, or be detrimental or injurious to property
or improvements in the vicinity of the use.
Staff Comment: The proposed amendment is not detrimental to the health,
safety, or welfare of the general public or persons residing or working in the
neighborhood of the use, or be detrimental or injurious to property or
improvements in the vicinity of the use
4. That the proposed project or use will not be inconsistent with the character or the
immediate neighborhood or contrary to its orderly development.
Staff Comment: The proposed amendment is consistent with the character and
orderly development of the City.
5. That the proposed use or project will not generate a volume of traffic beyond the
safe capacity of all roads providing access to the project, either existing or to be
improved in conjunction with the project, or beyond the normal traffic volume of the
surrounding neighborhood that would result from full development in accordance
with the Land Use Element.
Staff Comment: As conditioned, the proposed amendment will not generate
additional traffic beyond the safe capacity of existing roadways.
Based on staff’s analysis and the attached conditions of approval contained in the
resolution, all of the required findings for approval of a Conditional Use Permit may be
made by the Planning Commission.
ENVIRONMENTAL DETERMINATION:
The project qualifies for a Categorical Exemption under CEQA Sec tion 15303 new
construction of limited small facilities, specifically the construction of a small structure
not exceeding 10,000 square feet in floor area on sites zoned for such uses (equipment
storage) if not involving significant amounts of hazardous substances where all the
necessary public services and facilities are ava ilable and the surrounding area is not
environmentally sensitive.
CONCLUSION:
The applicant is proposing an additional equipment shelter at an existing equipment
storage yard that has been previously approved as a master plan of development. Both
staff and the DRC has reviewed the project and found no issues with the proposed
development. An amendment to the CUP would allow for the applicant to move forward
with their project and modify the Master Plan of Development to better reflect existing
conditions of the site since its 1988 approval and 1989 amendment.
ALTERNATIVES:
1. The Commission may recommend modifications to the project and/or conditions
of approval for the project.
2. The 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 and move to continue the item to a future date.
3. The Commission may deny the project. The Commission must specify the
reasons for denial of the project and make an associated finding with such
action. If the Commission denies the project, an additional equipment shed
cannot be constructed and all previous master plan approvals remain in effect.
ATTACHMENTS:
Attachment 1: Location Map, General Plan, and Zoning
Attachment 2: Proposed Site Plans
Attachment 3: Proposed Floor Plan / Elevation for Equipment Shelter
Attachment 4: Site Photos
Attachment 5: Draft Resolution PC 2015-0001
Attachment 1: Location Map, General Plan and Zoning
Zoning: Commercial Park (CKP)
General Plan Designation: Commercial Park (CPK)
Project Site
5700 San Benito Rd
Attachment 2: Proposed Site Plan
Attachment 3: Existing Floor Plan
Attachment 4: Site Photos
Attachment 4: Site Photos
Attachment 4: Site Photos
Attachment 4: Site Photos
ATTACHMENT 5: Draft Resolution PC 2015-0001
DRAFT RESOLUTION PC 2015-0001
RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ATASCADERO APPROVING AN AMENDMENT TO
CONDITIONAL USE PERMIT 1988-003 (PLN 2014-1532) MODIFYING
THE MASTER PLAN OF DEVELOPMENT SITE PLAN AND ALLOW
FOR CONSTRUCTION OF AN ADDITIONAL EQUIPMENT STORAGE
SHELTER ON APN 049-201-040 (5700 SAN BENITO RD)
(FISHER / FREDERICK)
WHEREAS, an application has been received from Applicant, Robert Fisher, (8775 San
Rafael Road, Atascadero, CA 93422) and Property Owner, Michael Frederick (PO Box 573,
Atascadero, CA 93422) to consider an Amendment to an existing Conditional Use Permit (CUP
1988-003) to modify the master plan of development’s site plan and allow for the construction of
a; and,
WHEREAS, the site’s General Plan Designation is Commercial Park (CP); and,
WHEREAS, the site’s Zoning is Commercial Park (CP) with a Planned Development
Overlay zone (PD-1); and,
WHEREAS, a Conditional Use Permit has been previously approved by the Planning
Commission on July 19, 1988 to allow construction for a 50,000+/- square feet of buildings,
including office, shop building, expansion of a non-conforming use (single family residence) and
outdoor equipment storage; and,
WHEREAS, the applicant is proposing amendments to the Master Plan of Development,
that includes elimination of a portion property of the originally approved master plan of
development (APN 049,201-047,48) located at 2800 and 2850 El Camino Real, which is now a
part of CUP 2001-0043; and,
WHEREAS, the applicant proposes to amendment the master plan of development for
APN 049-201-040 (5700 San Benito Road) to include 17,500+/- square feet of buildings,
including an office, shop building, outdoor equipment shelters, and equipment vehicle storage;
and,
WHEREAS, the proposed project qualifies for an Categorical Exemption consistent with
CEQA section 15303: New Construction of Small Facilities; and,
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act (CEQA) have been adhered to; and,
WHEREAS, a timely and properly noticed Public Hearing upon the subject Minor
Conditional Use Permit application was held by the Planning Commission of the City of
Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said
Conditional Use Permit; and,
WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed
Public Hearing held on January 6, 2015, studied and considered the amendments to Conditional
Use Permit 1988-003, and,
NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the
following actions:
SECTION 1. Findings of Environmental Exemption. The Planning Commission finds
as follows:
1. The proposed project has been found Categorically Exempt under Class 3, Section 15303
and new Construction of small facilities, of the California Environmental Quality Act.
SECTION 2. Findings for approval of Conditional Use Permit Amendment. The
Planning Commission finds as follows:
1. The proposed amendment and use is consistent with the General Plan and the City’s
Appearance Review Manual; and,
2. The proposed amendment satisfies all applicable provisions of the Title (Zoning
Ordinance), including previously approved height waiver and additional on-site
signage; and,
3. The establishment, and subsequent operation or conduct of the use will not, because
of the circumstances and conditions applied in the particular case, be detrimental to
the health, safety, or welfare of the general public or persons residing or working in
the neighborhood of the use, or be detrimental or injurious to property or
improvements in the vicinity of the use; and,
4. That the proposed amendment will not be inconsistent with the character or the
immediate neighborhood or contrary to its orderly development; and,
5. That the proposed amendment will not generate a volume of traffic beyond the safe
capacity of all roads providing access to the project, either existing or to be improved
in conjunction with the project, or beyond the normal traffic volume of the
surrounding neighborhood that would result from full development in accordance
with the Land Use Element.
SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a regular
session assembled on December 2, 2014 resolved to amend Conditional Use Permit 1988-005
subject to the following:
EXHIBIT A: CEQA Exemption
EXHIBIT B: Conditions of Approval
EXHIBIT C: Original Site Plan (1988 Approval)
EXHIBIT D: 2014 Amended Site Plan / Landscaping Plan
EXHIBIT F: Architectural Elevations
On motion by Commissioner_____________, and seconded by Commissioner_______________
the foregoing resolution is hereby adopted in its entirety by the following roll call vote:
AYES: ( )
NOES: ( )
ABSTAIN: ( )
ABSENT: ( )
ADOPTED:
CITY OF ATASCADERO, CA
______________________________
Dennis Schmidt
Planning Commission Chairperson
Attest:
______________________________
Warren M. Frace
Planning Commission Secretary
EXHIBIT A: Notice of Exemption
(PLN 2014-1532/CUP 1988-003)
CITY OF ATASCADERO
NOTICE OF EXEMPTION
6500 Palma Avenue Atascadero, CA 93422 805.461.5000
TO: File
FROM: Alfredo R. Castillo, AICP
Assistant Planner
City of Atascadero
6500 Palma Avenue
Atascadero, CA 93422
SUBJECT: Filing of Notice of Determination in Compliance with Section 21152 of the Public
Resources Code.
Project Title: PLN 2014-1532 / Conditional Use Permit 1988-003
Project Applicant: Robert Fisher, Architect
Project Location: 5200 San Benito Road, Atascadero, CA 93422, San Luis Obispo County (APN
049-201-040)
Project Description: Amendment to CUP 1988-003 modifying the previously approved site
plan to reduce the amount of building square footage, as well as allow for construction of a
4,950 sf equipment storage shelter in the CPK / PD-1 zone.
Name of Public Agency Approving Project: City of Atascadero
Name of Person or Agency Carrying Out Project: Michael Fredrick (Owner)
Exempt Status:
Ministerial (Sec. 15073) Emergency Project (Sec. 1507 (b) and (c))
Declared Emergency (Sec. 15061 (a)) General Rule Exemption (Sec. 15061.c)
Categorically Exempt (Sec. 15303)
Reasons why project is exempt: Class 3 of the California Environmental Quality Act (CEQA)
(Section 15303, new small facilities) exempts new structures under 10,000 square feet where all
urban services are provided, no harmful substances are stores, and no sensitive wildlife is
present.
Contact Person: Alfredo R. Castillo, AICP (805) 470- 3436
Date: December 19, 2014
Alfredo R. Castillo, AICP
Assistant Planner
EXHIBIT B: Conditions of Approval
(PLN 2014-1532/CUP 1988-003)
Conditions of Approval / Mitigation Monitoring Program
PLN-2014-1532/ CUP 1988-003
5200 San Benito Road
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
2015 Planning Department Standard Conditions
1. This Conditional Use Permit shall allow for office, shop,
accessory structures, and vehicle equipment storage at 5200
San Benito Road described on the attached exhibits and
located on APN 049-201-040, regardless of owner.
Ongoing PS
2. The approval of this use permit shall become final and effective
for the purposes of issuing building permits fourteen (14) days
following the Planning Commission approval unless 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 PS
3. The Community Development Department shall have the
authority to approve the following minor changes to the project
that (1) modify the site plan project by less than 10%, (2) result
in a superior site design or appearance, and/or (3) address a
construction design issue that is not substantive to the Master
Plan of Development.
BP PS, CE
4. Approval of this Amendment to the Conditional Use Permit shall
be valid for twenty-four (24) months after its effective date. At
the end of the period, the approval shall expire and become null
and void unless the project has received a building permit.
BP PS
5. The applicant shall defend, indemnify, and hold harmless the
City of Atascadero or its agents, officers, and employees
against any claim or action brought to challenge an approval by
the City, or any of its entities, concerning the master plan of
development.
Ongoing
1988 Conditions of Approval
6. All construction shall be in conformance with Exhibits B&C (site
plans), Exhibit D&E (elevations), and shall comply with City
codes and ordinances. Any modifications to this approval
requires approval by the Community Development Department
prior to implanting any changes.
BP PS
7. All existing and proposed utility, pipeline, open space, or other
easements are to be shown on the final plan. If there are
building or other restrictions related to the easements, they shall
be noted on the plans.
BP PS
Conditions of Approval / Mitigation Monitoring Program
PLN-2014-1532/ CUP 1988-003
5200 San Benito Road
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
8. All relocation and /or alteration of existing utilities shall be the
responsibility of the developer at his sole expense.
Completed Completed
9. Grading and drainage plans, prepared by a registered civil
engineer, shall be submitted to and for review and approval by
the Community Development and Public Works Departments
prior to the issuance of any building permits or the recordings of
the final map.
Completed Completed
10. Obtain an encroachment permit from the City of Atascadero
Public Works Department. Sign an inspection agreement and a
Curb & Gutter agreement, guaranteeing that the work will be
done and the inspections paid for, prior to the issuance of a
building permit, or state of public works construction, and
construct improvements as directed by the encroachment
permit prior to the final building inspection.
Completed Completed
11. The subdivider shall install all street signs, traffic delineation
devices, warning and regulatory signage, guardrails, barricades,
and other similar devices, where required by the Director of
Public Works. Signs shall be installed in conformance with
public work standards and the current State of California
uniform sign chart, Installation of traffic devices shall be subject
to review and modification after construction.
Completed Completed
12. Road improvements plans prepared by a registered civil
engineer shall be submitted to the Community Development
Department and Public Works Department for review and
approval prior to the construction of the improvements, or prior
to the issuance of any building permit, whichever comes first.
Plans shall include, but not limited to:
a. El Camino Real: Design shall include City standard curb,
gutter, 10-foot sidewalk and additional paveout width to be
determined by City Engineer not to exceed 32-feet from the
center line. Design shall include measures to protect and
preserve trees within the right-of-way as approved by the
Community Development Department an Public Works
Departments.
Completed Completed
13. Construction of the public road improvements shall be
completed prior to the final inspection of a building any
buildings, approved by the Community Development
Department and Public Works Departments.
Completed Completed
14. Prior to approval of the improvement plans by the Director of
Public Works, either the subdivider shall acquire sufficient title or
interest in the off-site land to allow the improvements to be
made as required by these conditions: or the City Council upon
requires by an at the expense of the subdivider, shall be made
all appropriate findings and adopted resolution of necessity as
required by law so that the City may exercise its power of
Completed Completed
Conditions of Approval / Mitigation Monitoring Program
PLN-2014-1532/ CUP 1988-003
5200 San Benito Road
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
Eminent Domain.
15. Drainage facilities shall be constructed to City of Atascadero
Standards. All work shall be completed or bonded for prior the
final building inspection.
Completed Completed
16. The subdivider shall provide drainage easements and/or
drainage releases from the points of concentration of
stormwater leaving the project boundary through adjoining
Caltrans right-of-way to the nearest natural watercourses as
approved by the Public Works Department if applicable.
Agreements shall also be provide for the installation and
watering of freeway landscaping as approved by Caltrans and
the Community Development Department.
Completed Completed
17. All lot grading and drainage improvements shall require written
certification by a registered Civil Engineer that all work has been
completed and is in full compliance with the approved plans.
Completed Completed
18. All grading and erosion control measures shall be designed by a
registered civil engineer and constructed in accordance with the
City of Atascadero grading and codes standards, Prior to the
final building inspection, said engineer shall submit to the City
written certification that grading is in conformance with said
codes and standards,
Completed Completed
Prior to the issuance of a building permit for construction of or
addition to any building, grading permits to correct illegal fill on
the site shall be finaled.
Completed Completed
19. Prior to issuance of a building permit, all lot lines shall conform
to the approved master plan for development.
Completed Completed
20. Provisions shall be made to provide for sewer an Public Utility
facilities (lift station) within the abandoned San Benito Road
Right-of-Way.
Completed Completed
21. Prior to issuance of any building permit, the road abandonment
of San Benito Road shall be completed.
Completed Completed
2015 CUP Amendment Conditions
22. Proposed equipment shelter must be setback a minimum of 10-
feet from property line, consistent with PD-1 overlay. BP PS
23. A landscaping plan is required at building permit submittal.
Landscaping must include the planting of drought tolerant trees
within the required 10-foot setback as shown in Exhibit D
(amended).
BP PS
Conditions of Approval / Mitigation Monitoring Program
PLN-2014-1532/ CUP 1988-003
5200 San Benito Road
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
24. Building colors must consist of warm grey, or other color that is
consistently applied throughout the site. Additional colors may
be selected, pending approval of the Community Development
Department. Color banding is permitted as “trim only” on the
equipment storage shed, in addition to other structures as
shown in the master plan of development. Color banding must
be “red” or other color and consistently applied throughout
structures within the Master Plan of Development.
BP PS
See Amended Plan
EXHIBIT C: Site Plan
(PLN 2014-1532/CUP 1988-003)
Se
e
In
se
t
A
EXHIBIT D: 2014 Amended Site Plan
(PLN 2014-1532/CUP 1988-003)
B A
C
D
E
F
G
I
H
EXHIBIT D: 2014 Amended Site Plan
(PLN 2014-1532/CUP 1988-003)
Inset A
EXHIBIT E: Architectural Elevations
(PLN 2014-1532/CUP 1988-003)
EXHIBIT E: Elevations (1988 Approval)
(PLN 2014-1532/CUP 1988-003)
EXHIBIT E: Elevations (Amended Plan – Equipment Storage Shelter)
(PLN 2014-1532/CUP 1988-003)
Proposed Trash Enclosure