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CITY OF ATASCADERO
PLANNING COMMISSION AGENDA
REGULAR MEETING
Tuesday, June 5, 2018
6:00 P.M.
Historic City Hall Council Chambers
6500 Palma Avenue, 4th Floor
Atascadero, California 93422
CALL TO ORDER
Pledge of Allegiance
Roll Call: Chairperson Jerel Seay
Vice Chairperson Tom Zirk
Commissioner Duane Anderson
Commissioner Ryan Betz
Commissioner Mark Dariz
Commissioner Josh Donovan
Commissioner Jan Wolff
APPROVAL OF AGENDA
PUBLIC COMMENT
(This portion of the meeting is reserved for per sons wishing to address the Commission on any
matter not on this agenda and over which the Commission has jurisdiction. Speakers are limited
to three minutes. Please state your name for the record before making your presentation. The
Commission may take action to direct the staff to place a matter of business on a future agenda.)
CONSENT CALENDAR
(All items on the consent calendar are considered to be routine and non-controversial by City staff
and will be approved by one motion if no member of the Commission or public wishes to
comment or ask questions.)
1. APPROVAL OF DRAFT MINUTES OF MAY 15, 2018
PLANNING COMMISSION BUSINESS
City of Atascadero Planning Commission Agenda Regular Meeting, June 5, 2018
Page 2 of 4
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COMMUNITY DEVELOPMENT STAFF REPORTS
2. ANNUAL GENERAL PLAN UPDATE REPORT (CPP18-0061)
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 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).)
3. CONDITIONAL USE PERMIT FOR 8030 EL CAMINO REAL
4. ROAD ABANDONMENT FOR 5147, 5205 TRAFFIC WAY & 6155 VIA AVE.
Property Owner: George Kartsioukas
Project Title: PLN 2018-1699 – Conditional Use Permit
Project Location: 8030 El Camino Real, Atascadero, CA
APN 056-031-043 (San Luis Obispo County)
Project
Description:
Conditional Use Permit to allow a mixed-use development including 2
residential units on the second floor of an existing building in the Commercial
Retail zoning district.
City Staff: Katie Banister, Assoc. Planner, kbanister@atascadero.org, Phone: (805)
470-3480.
Proposed
Environmental
Determination:
The project is categorically exempt from the California Environmental Quality
Act (CEQA) as a Class 1 Exemption for alteration of existing facilities (Section
15301 of the CEQA Guidelines).
Recommendation: Planning Commission adopt PC Resolution 2018-A, approving Conditional Use
Permit.
Property
Owner/Applicant:
Eugene Barre and Calvin Cherry
Project Title: PLN 2018-1691 – Road Abandonment
Project Location: 5147 Traffic Way, Atascadero, CA 93422 (APN 028-191-015)
5205 Traffic Way, Atascadero, CA 93422 (APN 028-191-008)
6155 Via Avenue, Atascadero, CA 93422 (APN 028-201-001)
(San Luis Obispo County)
Project
Description:
Road Abandonment (RAB) of a portion of Mercedes Ave. located between the
Union Pacific Railroad and 5147 Traffic Way, and a portion of Del Rio Ave.
adjacent to 5147 Traffic Way & 5205 Traffic Way and 6155 Via Ave. extending
City of Atascadero Planning Commission Agenda Regular Meeting, June 5, 2018
Page 3 of 4
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COMMISSIONER COMMENTS AND REPORTS
DIRECTOR’S REPORT
ADJOURNMENT
The next regular meeting will be on June 19, 2018, at 6:00 p.m. 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.
from Traffic Way and terminating at the Union Pacific Railroad. The
abandonment consists of remnants of rights -of-way that have never been used
or improved as roadways.
City Staff: Mike Bertaccini, Assoc. Engineer, mbertaccini@atascadero.org, Phone:
(805) 470-3462.
Proposed
Environmental
Determination:
The project qualifies for a Class 32 CEQA exemption.
Recommendation: Planning Commission adopt PC Resolution 2018-A, approving the RAB.
City of Atascadero Planning Commission Agenda Regular Meeting, June 5, 2018
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 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 (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 t o 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 pe rsonal 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 Minutes of 5/15/18
Page 1 of 6
CITY OF ATASCADERO
PLANNING COMMISSION
DRAFT MINUTES
Regular Meeting – Tuesday, May 15, 2018 – 6:00 P.M.
City Hall Council Chambers
6500 Palma Avenue, Atascadero, California
CALL TO ORDER - 6:02 p.m.
Chairperson Seay called the meeting to order at 6:02 p.m. and Vice Chairperson Zirk led
the Pledge of Allegiance.
ROLL CALL
Present: Commissioners Anderson, Dariz, Donovan, Wolff, Vice Chairperson
Zirk and Chairperson Seay
Absent: Commissioner Betz (excused absence)
Others Present: Recording Secretary, Annette Manier
Staff Present: Community Development Director, Phil Dunsmore
Associate Planner, Katie Banister
Senior Planner, Callie Taylor
Assistant Planner, Mariah Gasch
Planning Intern, Torina Wilson
APPROVAL OF AGENDA
MOTION: By Commissioner Anderson and seconded by
Commissioner Wolff to approve the Agenda.
Motion passed 6:0 by a roll-call vote.
PUBLIC COMMENT
None
Chairperson Seay closed the Public Comment period.
ITEM NUMBER: 1
DATE: 6-5-18
1
PC Draft Minutes of 5/15/18
Page 2 of 6
CONSENT CALENDAR
1. APPROVAL OF DRAFT MINUTES OF APRIL 17, 2018
Recording Secretary Manier announced recommended changes to the draft
minutes as follows:
Page 1 – remove the word “Vice Chairperson” and replace it with
“Donovan.” Remove the word “Commissioner” and replace it with “Vice
Chairperson” in front of Zirk.
Page 2 - Remove the duplicate Public Comment section.
Page 3 - Remove Ex Parte Communications.
Vice Chairperson Zirk noted that he had not been at the April 17, 2018 meeting and
would be abstaining from voting.
MOTION: By Commissioner Anderson and seconded by
Commissioner Wolff to approve the Consent
Calendar, with recommended changes.
Motion passed 5:0 by a roll-call vote. (Zirk
abstained)
PLANNING COMMISSION BUSINESS
None
COMMUNITY DEVELOPMENT STAFF REPORTS
None
Community Development Director Dunsmore introduced Torina Wilson, Planning Intern,
and Mariah Gasch, new Assistant Planner, to the Commission.
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 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).)
2. CONDITIONAL USE PERMIT FOR 7500 PORTOLA ROAD
Property Owner: Tom Carter, PO Box 1774, Atascadero, CA 93423
Project Title: PLN 2018-1682 – Conditional Use Permit
2
PC Draft Minutes of 5/15/18
Page 3 of 6
EX PARTE COMMUNICATIONS
Commissioners Anderson and Dariz reviewed this project at the Design Review
Committee.
Associate Planner Banister presented the staff report and answered questions from the
Commission. Planner Banister announced that this facility will have to comply with State
regulations and will have to provide safety fencing as required.
PUBLIC COMMENT
The following members of the public spoke during public comment: Tom Carter. Mr.
Carter announced that he is willing to pave the additional parking spaces and add the
shutters on the side windows. Mr. Carter stated he is not in favor of the condition to add
a top rail to the fence and explained his reasons why.
Chairperson Seay closed the Public Comment period.
MOTION: By Commissioner Donovan and seconded by
Commissioner Dariz recommending the Planning
Commission adopt PC Resolution 2018-A,
approving PLN 2018-1682, a Conditional Use
Permit (CUP 2018-0322) approving a 15-bed RCFE
at 7500 Portola Road, based on findings and
subject to conditions, with a change to Condition
10 (referencing the site plan image in the staff
presentation) that will require that the portion of
fence shown in green shall be the iron decorative
fence (including the jog labeled 41), and the
remaining fence shall be outside of the front
setback; and an addition to Condition 12 to include
that the landscaping be planned so that it reaches
a height of 6 feet or more.
Motion passed 6:0 by a roll-call vote.
Representative: Emily Baranek, Jade Architecture
Project Location: 7500 Portola Road, Atascadero, CA
APN 054-085-016 (San Luis Obispo County)
Project
Description:
The proposed project includes a Conditional Use Permit for Master Plan of
Development for a Residential Care Facility for the Elderly (RCFE).
City Staff: Katie Banister, Assoc. Planner, kbanister@atascadero.org, Phone: (805) 470-3480.
Proposed
Environmental
Determination:
The project is categorically exempt from CEQA as a Class 32 exemption for
infill developments (CEQA Guidelines Section 15332.)
Recommendation: Planning Commission adopt PC Resolution 2018-A, approving Conditional Use
Permit 2018-0322 for a Residential Care Facility.
3
PC Draft Minutes of 5/15/18
Page 4 of 6
3. CONDITIONAL USE PERMIT FOR 12405 SANTA LUCIA ROAD
Planning Intern Wilson presented the staff report.
EX PARTE COMMUNICATIONS
Commissioners Anderson and Chairperson Seay drove by the property.
Associate Planner Banister answered questions from the Commission.
PUBLIC COMMENT
The following members of the public spoke during public comment: Lee Dugan. Mr.
Dugan stated his intent to landscape the whole side of the building, which would block
out any view of the side of the structure.
Chairperson Seay closed the Public Comment period.
MOTION: By Commissioner Donovan and seconded by Vice
Chairperson Zirk recommending the Planning
Commission adopt PC Resolution 2018-A,
approving PLN 2018-1694, a Conditional Use
Permit (CUP 2018-0325) to allow the construction
of an accessory dwelling unit (ADU) at 12405 Santa
Lucia Road, with an oversized garage, based on
findings and subject to conditions of approval.
Motion passed 6:0 by a roll-call vote.
Property
Owner/Applicant:
Lee Dugan, 12405 Santa Lucia Road, Atascadero, CA 93422
Project Title: PLN 2018-1694 – Conditional Use Permit
Project Location: 12405 Santa Lucia Road, Atascadero, CA
APN 055-431-001 (San Luis Obispo County)
Project
Description:
The proposed project includes a Conditional Use Permit for multiple accessory
structures on one property resulting in three (3) structures where two (2) are
normally allowed.
City Staff: Katie Banister, Assoc. Planner, kbanister@atascadero.org, Phone: (805)
470-3480.
Proposed
Environmental
Determination:
The project is categorically exempt from CEQA as a Class 32 exemption for
infill developments (CEQA Guidelines Section 15332).
Recommendation: Planning Commission adopt PC Resolution 2018-A, approving Conditional Use
Permit 2018-0325 to allow the construction of an accessory dwelling unit with an
oversized garage.
4
PC Draft Minutes of 5/15/18
Page 5 of 6
4. CONDITIONAL USE PERMIT AMENDMENT FOR 6901 AND 6903 EL CAMINO
REAL (COLONY SQUARE)
EX PARTE COMMUNICATIONS
Commissioners Anderson and Dariz reviewed this project at the Design Review
Committee.
Director Dunsmore gave a background on the Colony Square project. Senior Planner
Taylor presented the staff report. Senior Planner Taylor and Director Dunsmore
answered questions from the Commission.
PUBLIC COMMENT
The following members of the public spoke during public comment: Jeff Nelson, Thom
Jess, Derek Kirk, Max Zappas, and Charlie Fruit.
The applicants answered questions from the Commission.
Chairperson Seay closed the Public Comment period.
MOTION: By Commissioner Donovan and seconded by Vice
Chairperson Zirk recommending the Planning
Commission adopt PC Resolution 2018-A,
approving an Amendment to the Colony Square
Master Plan of Development (CUP 2004-0127) to
Property
Owner/Applicant:
Jeff Nelson, The Oak Creek Company
Project Title: CUP 2004-0127 – Conditional Use Permit Amendment
Representative: Thom Jess, Arris Studio Architects
Project Location: 6901 and 6903 El Camino Real, Atascadero, CA
APN 029-361-041 (San Luis Obispo County)
Project
Description:
The proposed project includes a Conditional Use Permit Amendment for the
Colony Square Master Plan of Development to add a 3-story boutique hotel on
the L-shaped lot between El Camino Real and Atascadero Creek. Buildings B &
C at Colony Square are proposed to be redesigned to include 19,400 sq. ft. of
retail and restaurant space on the 1 st floor and an 89-room hotel on the 2nd and
3rd floors. The hotel is proposed to utilize the existing shared parking within
Colony Square, existing on street parking within the downtown, and a valet
service.
City Staff: Callie Taylor, Sr. Planner, ctaylor@atascadero.org, Phone: (805) 470-3448
Proposed
Environmental
Determination:
The proposed project is consistent with the certified Mitigated Negative
Declaration 2005-0020 prepared for the original Colony Square project.
Recommendation: Planning Commission adopt PC Resolution 2018-A, approving an Amendment
to Conditional Use Permit 2004-0127 for a boutique hotel.
5
PC Draft Minutes of 5/15/18
Page 6 of 6
allow a 3-story 89-room boutique hotel, based on
findings and subject to Conditions of Approval.
Motion passed 6:0 by a roll-call vote.
COMMISSIONER COMMENTS AND REPORTS
None
DIRECTOR’S REPORT
Director Dunsmore gave a report on the “State of the North County” meeting, Santa Maria
Brewery, Quiky Car Wash, and the corner lot on Highway 41 and El Camino Real.
ADJOURNMENT – 7:57 p.m.
The next Regular meeting of the Planning Commission is scheduled for June 5, 2018, at
6:00 p.m. at City Hall, Council Chambers, 6500 Palma Avenue, Atascadero.
MINUTES PREPARED BY:
____________________________
Annette Manier, Recording Secretary
Administrative Assistant
6
Atascadero Planning Commission
Staff Report – Community Development Department
General Plan & Housing Element
Annual Progress Report 2017
(CPP18-0061)
RECOMMENDATION:
File report and direct Staff to submit the attached 2017 Annual General Plan and
Housing Report to the State of California.
DISCUSSION:
Background:
The State of California requires all cities to file an Annual General Plan Progress Report
to the Office of Planning and Research (OPR) and an annual Housing Element
Progress Report to the Department of Housing and Community Development (HCD).
The purpose of this report is to monitor the City’s implementation of the City’s General
Plan including the City’s Housing Element, Additionally, this report wil l serve as an
update to the Department’s yearly activities.
Analysis:
The following is a summary of the Community Development Department’s activities in
2017. The Report (Attachment #1) contains a full documentation of the department’s
activities.
On average, the department processes approximately 701 construction permits per
year; however, the past three years have continued to be “above average”.
In 2016, the department processed 1,295 construction permits, reviewed 79
planning projects, and performed final inspections on 842 structures.
In 2017, numbers were similar with 1,132 construction permits, 74 planning
projects and 897 final inspections for new structures.
Significant projects that were completed/entitled in 2017 included the following:
Cannabis zoning amendments
Del Rio Specific Plan Amendment for the Annex Hotel
La Plaza mixed-use project in downtown
Hartberg residential project
Emerald Ridge residential project
ITEM NUMBER: 2
DATE: 6-5-18
7
2017 Building Division by the Numbers
2017 Planning Division by the numbers
General Plan Background:
California planning law requires the City to adopt a “comprehensive, long -term General
Plan for physical development” (Government Code 65300). The City’s General Plan
was adopted in 2002.
The 2002 General Plan adopts policies for the City’s distribution and character of land
uses and development. The General Plan goals, policies, and programs guide short-
and long-range decision making through 2025. This annual report will reflect the
0
200
400
600
800
1000
1200
1400
2013 2014 2015 2016 2017
Received
Issued
Finaled
CFD Annexation
City Policy Plan
Development
Plan
Final Map
GPA
Preliminary
reviewSubdivision
Tree removal
Use Permit
Variance
Zone Change
2017 Entitlements
8
activities that the department has done in 2017 in meeting those goals and objectives
outlined by the General Plan.
2017 Housing Activities and Report:
The purpose of the Housing Report is to monitor the implementation of the City’s
General Plan Housing Element and progress toward meeting the City’s Regional
Housing Needs Allocation (RHNA). The allocations are targets for the production of
affordable housing for various income groups throughout the City for a five year period
(2015-2019). These regional housing allocations are required to be used by the City
when updating the Housing Element. They are the basis for assuring that adequate
sites and zoning are available to accommodate at least the number of units allocated.
These housing allocation numbers are not housing unit quotas that the City must
achieve within the time frame of their next Housing Element update, but instead are
housing “targets” that the City must provide zoning for and reduce obstacles to
development.
For the period from 2015 to 2019, there have been 174 more units built than the overall
target; however, these units have been in the moderate and above moderate
categories. We would need to issue permits for 86 more units in the very low and low
categories in order meet the target by next year. Given the current number of units on
the horizon, and the composition of the City’s Affordable Housing Policy, the City is not
likely to reach the RHNA target for low and very low categories.
RHNA Housing Target and Totals 2015-2019
Very Low
Income
(50% of Median)
Lower Income
(80% of Median)
Moderate Income
(120% of Median)
Above Moderate
(Greater than 120% of
Median)
Target 98 62 69 164
Completed 48 26 174 233
Remaining
needed
50 36 0 (-105) 0 (-69)
San Luis Obispo County Median Income for a Family of Four (4): $77,100 for 2016
2017 Housing Production:
For 2017, the City issued building permits to construct 88 new residential units, 14 of
which were secondary units. This is a drop from 2016, when 120 residential permits
were issued. However, many of those permits were due to the Knolls at the Avenida
project, otherwise known as the Atascadero Family Apartments. Unless, additional land
is rezoned to accommodate higher density residential development, residential
9
development numbers are anticipated to decline over the next several years , as many
of the multi-family sites have already been developed. With the ending of the Dormant
Permit Program (2.5 percent of units were issued that were a part of this program), the
availability of projects that were considered “off the shelf” has dwindled substantially.
With raw land for development within the City at a premium, developers are now
seeking projects that require exceptions or zoning amendments for residential
construction including speculation on conversions of non-residential land uses for
residential use.
FISCAL IMPACT:
None.
ATTACHMENTS:
2017 General Plan Annual Report
10
2017 Annual General Plan
Progress Report
11
Page | 1 Annual General Plan Progress Report – 2017
Table of Contents
1.1 Introduction ..................................................................................................................... 2
2.1 General Plan Activities .................................................................................................... 2
3.1 2017 Planning Division Applications & Entitlements ........................................................ 2
3.2 2017 Building Division Applications & Inspections ........................................................... 3
3.3 Housing & Residential Growth ......................................................................................... 4
3.3 Non-Residential Development ......................................................................................... 5
12
Page | 2 Annual General Plan Progress Report – 2017
Section 1 – Introduction
1.1 Introduction
Every year, the City produces a report on the status of its General Plan and provides an
overview of actions taken to implement this comprehensive plan during the past year,
consistent with California Government Code section 65400. This report is provided to the
City Council, as well as, residents and other interested parties to assist in gauging the
progress the City is making on the programs that are being implemented. The annual
report fulfills State law requirements and evaluates the number of housing units that have
been approved and completed.
Section 2 – General Plan Activities
2.1 General Plan Activities
The General Plan states the community's goals, objectives, policies, and implementation
measures (i.e., ways to achieve the goals and objectives). As a policy document, the
General Plan establishes goals and policies for decision makers. Using these policies,
the City Council and Planning Commission take steps toward achieving the larger goals
of the City. The City focuses implementation programs contained in the General Plan
through day to day operations of the City.
The City’s General Plan was adopted in June 2002. The City’s last major update of the
General Plan was undertaken in January 2015 with the City’s adoption and certification
of the 2014-2019 Housing Element Update.
Section 3 – Planning & Building Yearly Activities
3.1 2017 Planning Division Applications & Entitlements
The Planning Division Highlights
74 applications processed in 2017.
Some of the more significant projects included:
La Plaza Mixed Use Development
Annex Hotel and Del Rio Specific Plan Amendment
Cannabis Ordinance
Zoning Update for Land Use Definitions
13
Page | 3 Annual General Plan Progress Report – 2017
El Camino Real Grant approval
Planning Applications 2017
3.2 2017 Building Division Applications & Inspections
33
48
22
46
77
88
79
74
0
10
20
30
40
50
60
70
80
90
100
2010 2011 2012 2013 2014 2015 2016 2017
Tree Removal
CUP
AUP
Cert. of Comp.
DRC
Lot Line Adj.
Final Map
Zone Change
Subdivision
GPA
Address Chg
ABC
Road Abandon
0 2 4 6 8 10 12 14
8
14
10
2
14
3
4
4
7
4
2
2
0
Application Types
14
Page | 4 Annual General Plan Progress Report – 2017
2017 Highlights
1,132 building permit applications
Issued 1,058 building permits.
In 2017, City building inspectors made 3,022 construction and safety-related
inspections associated with building permit activity.
The Building Division “finaled” or completed 897 building permits.
3.3 Housing & Residential Growth
The 2017 California Department of Finance data estimates that the City’s population is
31,135 residents. This is a 1 percent increase over 2016 estimates and 9.1% growth since
the 2010 census.
Housing & Population 2017 Update
Housing & Population 2010 Census 2017 Percentage
Increase
Total Housing Units 11,505 12,288 9.4%
Total Population 28,310 31,135 9.1%
Major Residential Project Construction 2017
Project Name Address Housing Type Number of Units Number of
affordable units
Las Lomas
Condominiums
Las
Lomas/Ranada
Townhomes 15 20*
Southside Vilas Pamplona Townhomes 6 0
* Units deemed moderate based on sales price as established by the San Luis Obispo County Previously approved
project List
RHNA 2014-2019
State housing law requires that each municipality establish quantified objectives for their
fair share of regional housing needs by income group. Deed-restricted affordable housing,
count towards meeting the quantified objectives. The quantified objectives are for the
period of 2014-2019 Housing Element.
15
Page | 5 Annual General Plan Progress Report – 2017
2014-2019 Atascadero Share of Regional Housing Need (RHNA)
Very Low Low Moderate Above Moderate Total
2014-2019 Reporting Period Totals 98 62 69 164 393 2014 Permitted Units Issued 2 1 80 95 178
Secondary Units Issued 0 0 7 0 7
Subtotal 2 1 87 95 185 2015 Permitted Units Issued 1 0 56 27 84
Secondary Units Issued 0 0 2 2 4
Subtotal 1 0 58 29 88 2016 Permitted Units Issued 45 25 29 19 118
Secondary Units Issued 0 0 0 2 2
Subtotal 45 25 29 21 120 2017 Permitted Units Issued 0 0 0 74 74
Secondary Units Issued 0 0 0 14 14
Subtotal 0 0 0 88 88
Total Units Issued 2014-2019 48 26 174 233 481
Remaining RHNA 50 36 -105 -69 -88
49% 42% 252% 100% 100%
3.3 Non-Residential Development
The following table shows non-residential permits of significance that were issued in
2017, along with the building Valuation that was provided as apart of building permit
issuance.
2017 Non-Residential Building Permits Issued
Business
Name
Permit
Status Address Project Type Valuation
Med Post Construction
Complete
7330 El Camino Real New construction $447,928.00
West Mall
Medical Office
Under
Construction
5920 West Mall New Construction $365,904
Wendy’s
remodel
Construction
Complete
8600 Curbaril Major tenant
Improvements
$175,000.00
CCP Medical
Offices
Construction
Complete
6955 El Camino Real Major tenant
Improvements
$815,195.00
Dead Oak
Brewery
Construction
Complete
5925 Entrada Major tenant
improvements
$60,000.00
Santa Maria
Brewery and
restaurant
Under
Construction
7935 San Luis Avenue Major tenant
Improvements
$380,000.00
Traffic way
distillery
Construction
Complete
5804 Traffic Way Minor tenant
Improvements
$15,000.00
\\cityhall\cdvlpmnt\- 06 plns\pln 2006-1133 annual housing report-general plan\annual gp-housing report 2013\pc-sr-2013.apr-ac.doc
16
ITEM 3 | 6/5/2018
Conditional Use Permit
PLN 2018-1699 / Kartsioukas
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
Conditional Use Permit for Multi-Family Residence in a
Commercial Zone
(PLN 2018-1699)
RECOMMENDATION(S):
Staff recommends the Planning Commission adopt PC Resolution 2018-A approving
Conditional Use Permit 2018-0326 to allow a residential conversion of space to add an
additional studio apartment within an existing second-story apartment, based on
findings and subject to conditions of approval.
Project Info In-Brief:
PROJECT
ADDRESS: 8030 El Camino Real Atascadero, CA APN 056-031-043
PROJECT
PLANNER Katie Banister, Associate Planner 470-3480 kbanister@atascadero.org
PROPERTY
OWNER George Kartsioukas, 990 Herdsman Way, Templeton, CA 93465
GENERAL PLAN
DESIGNATION:
ZONING
DISTRICT:
SITE
AREA EXISTING USE PROPOSED USE
General
Commercial (GC)
Commercial
Retail (CR)
0.3
acres
Mixed use
(commercial &
residential)
Mixed use
(commercial &
residential)
ENVIRONMENTAL DETERMINATION
☐ Environmental Impact Report SCH: ___________________________
☐ Negative / Mitigated Negative Declaration No. ___________
☒ Categorical Exemption CEQA – Guidelines Section 15301
☐ Statutory Exemption §§ 21000, et seq & ________________________
☐ No Project – Ministerial Project
17
ITEM 3 | 6/5/2018
Conditional Use Permit
PLN 2018-1699 / Kartsioukas
Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
DISCUSSION:
Surrounding Uses / Parcel Configurations:
Zoning Aerial
North: South: East: West:
Commercial Retail (CR)
Commercial Service (CS) Commercial Retail (CR) Commercial Professional
(CP)
Commercial Retail (CR)
Highway 101
Summary:
The applicant requests a Conditional Use Permit (CUP) to increase the number of
second-floor apartments from one unit to two units.
Analysis:
The property is located on El Camino Real, south of the intersection with Curbaril
Avenue. Existing first floor uses are commercial in nature. The front portion of the
building is occupied by “Tidwell Bookkeeping Services”. The rear of the building is
suitable for storage and/or warehouse-type commercial uses. The existing second-floor
residential unit is in the rear of the building. The apartment was approved by San Luis
Obispo County in 1974 and constructed in 1975. The existing space is a two-bedroom,
one-bathroom apartment approximately 1,177 square feet in area .
Atascadero Municipal Code (AMC) Section 9-3.330 conditionally allows residential units
in the Commercial Retail (CR) zoning district when located on the second floor or
above. Staff has been unable to determine whether the County would have required a
CUP for the construction of the apartment in 1974. No record of such a CUP has been
CS
CP
RMF-24
CR
RSF-X
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ITEM 3 | 6/5/2018
Conditional Use Permit
PLN 2018-1699 / Kartsioukas
Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
found for the subject property. The apartment is a legal non-conforming apartment due
to lack of entitlement. AMC 9-7.105 prohibits enlarging, altering or extending such uses
“without first securing approval of the required entitlement.”
The applicant proposes constructing demising walls to create a 260 square-foot studio
apartment within the footprint of the existing apartment. The project is an alteration that
would create an expansion in the number of residential units without an expansion of
the area of use.
8030 El Camino Real - Google 3-D Image
Multi-family standards
Property development standards for multi-family projects are applied to residential units
in the commercial zoning districts. AMC 9-3.262 requires:
100 cubic feet of enclosed storage space, exclusive of closets, per dwelling unit,
Laundry facilities (either individually in units or shared), and
One covered parking space per dwelling unit of the total required parking spaces.
As designed, the project does not meet these requirements. The existing two-bedroom
unit includes a utility room with space for both laundry equipment and storage space,
but the studio does not. The existing 2-bedroom apartment has a utility room with
Tidwell
Bookkeeping
Services
Residential
portion
7-Eleven
Chistose Sushi El Camino Real
Wendy’s
Restaurant
19
ITEM 3 | 6/5/2018
Conditional Use Permit
PLN 2018-1699 / Kartsioukas
Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
laundry hook-ups and storage space. The proposed studio does not have adequate
space to provide these amenities. There is space on the first floor under the stairs
where storage space can be located. The applicant requests the l aundry requirement
for the studio be waived. The draft resolution includes a condition to require 100 cubic
feet of storage space for each unit. Covered parking is addressed more fully in the next
section.
Parking
AMC 9-4.118 lists the required number of parking spaces for each use. A total of 14
spaces are required for the project as proposed. There are currently 13 uncovered
parking spaces on the site, including one accessible space. The applicant has there is
sufficient space on-site to provide additional uncovered spaces
Use Quantity Required Parking Rate Required Spaces
Office ~ 2,280sf 1/400sf 6
Warehouse ~ 3,700sf 1/1000sf 4
2-bedroom residence 1 unit 2/unit 2
1-bedroom residence 1 unit 1.5/unit 1.5
Guest parking 2 units 1/5 units 0.4
TOTAL: 14 Spaces
AMC 9-3.262 requires multi-family projects to provide at least one covered parking
space for each dwelling unit. Developers commonly satisfy this requirement with a
carport, which is permitted by the Municipal Code. Carports encourage unscreened
storage of personal belongings, leaving a cluttered appearance in our commercial
areas. The subject site includes several garages on the first floor of the building (see
image below). Staff understands the applicant intends to lease these spaces to a
commercial tenant. Staff recommends one garage space be used to provide the
covered parking space for the new studio. This would be a 14th parking space, as
required by the Municipal Code.
20
ITEM 3 | 6/5/2018
Conditional Use Permit
PLN 2018-1699 / Kartsioukas
Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
Staff recommends carports not be used on the site for covered parking. If the Planning
Commission does not condition the project to use the garage for residential covered
parking, a modification to the parking requirement should be approved. The Planning
Commission must find “that the characteristics of a use or its immediate vicinity do not
necessitate the number of parking spaces, type of design, or improvements required by
this title and that reduced parking will be adequate to accommodate on the site all
parking needs generated by the use” (AMC 9-4.115).
The draft resolution includes a condition that one garage space be used for residential
parking. If the garage is not used to provide covered parking, staff recommends the
Planning Commission make the finding above, and eliminate the requirement for
covered parking.
Garbage Collection
AMC 9-4.129 requires garbage collection areas to be screened from view by a solid
fence or wall as high as the collection container. There is currently no screened
garbage-collection area on the site. One possible space for such an area is to the north
of the residential portion of the building. The draft resolution includes a condition for the
applicant to provide a screened garbage-collection area.
Unused Area North of Building
Fencing
AMC 9-4.128 requires a 6-foot tall solid fence or wall between commercial and
residential uses. The Wendy’s drive-through is located immediately to the west of the
subject property. A temporary chain-link fence currently separates the two uses. The
proposed site plan shows a new see-through iron fence to replace the temporary fence,
which would match the similarly situated fence at 7 -Eleven. The draft resolution
includes a condition for a permanent 6-foot tall solid fence or wall on this property line
and on the southern property line between the building and the western property line.
21
ITEM 3 | 6/5/2018
Conditional Use Permit
PLN 2018-1699 / Kartsioukas
Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
Southern Property Line
Western Property Line Adjacent to Wendy’s Drive-through
Landscaping
AMC 9-4.125 lists landscaping requirements for each zoning district. Commercial
districts are required to landscape at least 10 percent of site area including setbacks,
unused areas (unless screened), within parking areas, adjacent to garbage collection
areas, and street trees. The site is almost completely covered by existing buildings and
asphalt. Remaining unpaved areas include a small planter to the north of the building
currently occupied by the bookkeeping office, a triangular-shaped area to the south of
the building adjacent to the parking lot for the sushi restaurant, and portions of area
adjacent to the Wendy’s drive-through.
22
ITEM 3 | 6/5/2018
Conditional Use Permit
PLN 2018-1699 / Kartsioukas
Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
Southern Side of the Building Adjacent to Sushi Restaurant
Landscaping on the south side of
the building
The small planter adjacent to the building has
been recently landscaped. The planter to the
south of the building is in need of landscaping
and irrigation. Staff recommends drought-
tolerant, low-maintenance shrubs or possibly
Italian cypress trees be planted along this long
blank wall.
The area to the north of the building along the
western property line is currently visible from the
parking lot and El Camino Real. This area
should be either screened from view or
landscaped.
The draft resolution includes a condition requiring
a landscaping and irrigation plan for these areas.
Design Review
AMC 9-2.107 gives the Design Review
Committee (DRC) the authority to make
recommendations on the design of commercial
developments and projects subject to conditional
use permit approval. The property was reviewed
by the DRC in 2017 when the front office portion
was updated. No exterior changes are proposed
as a part of the current project so it was not
referred to DRC. The draft resolution includes a condition that the paint colors
approved by the DRC for the front of the building be used on the rema inder of the south
side and the entire west side of the building.
23
ITEM 3 | 6/5/2018
Conditional Use Permit
PLN 2018-1699 / Kartsioukas
Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
ENVIRONMENTAL DETERMINATION:
The project qualifies for a Class 1 Categorical Exemption from the California
Environmental Quality Act (CEQA Guidelines Section 15301, renovation or
improvements of existing facilities of the same use).
FINDINGS:
To approve the Conditional Use Permit, the Planning Commission must make the
following findings. These findings and the facts to support these findings are included in
the attached draft resolution.
Conditional Use Permit (AMC Section 9-2.110(b).(3).(iv)
1. The proposed project or use is consistent with the General Plan .
2. The proposed project or use satisfies all applicable provisions of the Zoning
Ordinance.
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 detrime ntal or injurious
to property or improvements in the vicinity of the use.
4. The proposed project or use will not be inconsistent with the character of the
immediate neighborhood or contrary to its orderly development.
5. 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.
6. The characteristics of a use or its immediate vicinity do not necessitate the
number of parking spaces, type of design, or improvements required by this title
and that reduced parking will be adequate to accommodate on the site all parking
needs generated by the use.
7. The characteristics of the use or its immediate vicinity do not necessitate the
number of parking spaces, type of parking design, or parking improvements
required by the Zoning Ordinance.
Tree #481
24
ITEM 3 | 6/5/2018
Conditional Use Permit
PLN 2018-1699 / Kartsioukas
Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
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
attached resolutions.
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.
ATTACHMENTS:
1. Existing Floor Plan
2. Draft Resolution PC 2018-A
25
ITEM 3 | 6/5/2018
Conditional Use Permit
PLN 2018-1699 / Kartsioukas
Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
ATTACHMENT 1: Existing Floor Plan
PLN 2018-1699
26
ITEM 3 | 6/5/2018
Conditional Use Permit
PLN 2018-1699 / Kartsioukas
Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
ATTACHMENT 2: Draft Resolution 2018-A
PLN 2018-1699
DRAFT RESOLUTION NO. PC 2018-A
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ATASCADERO, CALIFORNIA APPROVING PLN 2018-1699,
TO ALLOW THE ADDITION OF A MULTI-FAMILY RESIDENCE
IN A COMMERCIAL RETAIL ZONE
8030 EL CAMINO REAL (APN 056-031-043)
WHEREAS, an application was received from George Kartsioukas, 990 Herdsman Way,
Templeton, CA 93465 (owner); and by Chris Thomas, PAS Company, 9160 Tiburon Circle, Atascadero,
CA 93422 (designer); for a Conditional Use Permit for a second-floor multi-family residence; and
WHEREAS, the property is in the Commercial Retail zoning district; and
WHEREAS, the property is in the General Commercial General Plan Land Use Designation; and
WHEREAS, multi-family residences are conditionally allowed on the second floor or above in
the Commercial Retail zoning district; and
WHEREAS, the property has one, second-floor, existing residential unit; and
WHEREAS, the Planning Commission reviewed the proposed Conditional Use Permit
application on June 5, 2018, at 6:00 p.m. and considered testimony and reports from staff, the applicants,
and the public.
NOW THEREFORE, the Planning Commission of the City of Atascadero, California, takes the
following actions:
SECTION 1. Findings for Conditional Use Permit. The Planning Commission finds as
follows:
1. The proposed project or use is consistent with the General Plan.
Fact: Land Use, Open Space and Conservation Element Policy 3.1 is to encourage retail
businesses at efficient and attractive nodes along El Camino Real and Morro Road with mixed
office and residential uses between those nodes. Program 3.1.7 allows mixed use development in
the midblock portions of General Commercial areas along El Camino Real. The intersection of
El Camino Real and Curbaril Avenue is identified as a prime commercial node. Program 3.1.1
designates the southeast corner of the intersection for a master planned retail commercial center.
The project is outside the future master plan area and retains ground-floor commercial uses.
2. The proposed project or use satisfies all applicable provisions of the Zoning Ordinance.
27
ITEM 3 | 6/5/2018
Conditional Use Permit
PLN 2018-1699 / Kartsioukas
Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
Fact: As proposed, the project is an internal renovation to create a second multi-family residence
from an existing apartment, which was permitted in 1974. The project, with Planning
Commission approval of this conditional use permit, satisfies all applicable provisions of the
Zoning Ordinance related to mixed-use development.
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.
Fact: The proposed use is an extension of the existing residential use. The proposed renovation
will be constructed to meet the standards of the building code.
4. The proposed project or use will not be inconsistent with the character of the immediate
neighborhood or contrary to its orderly development.
Fact: The surrounding area is commercial in nature including a drive-through restaurant to the
west. The proposed residence is similar in nature to the existing residence and will not be
contrary to the orderly development of the neighborhood.
5. 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.
Fact: The ITE Trip Generation Handbook expects one apartment to generate 7 additional daily
trips to the site. The project will not contribute significantly to the traffic volume in the area.
6. The proposed project is in compliance with any pertinent City policy or criteria adopted by
ordinance or resolution of the City Council.
Fact: City Council Policy for Mixed Use Applications encourages vertical mixed-use projects
where residential uses are on upper floors over commercial uses and puts additional
requirements on horizontal mixed uses. This project is a vertical mixed use project where
commercial uses are retained on the first floor.
7. The characteristics of the use or its immediate vicinity do not necessitate the number of parking
spaces, type of design, or improvements required by the Zoning Ordinance.
Fact: The existing residence does not have covered parking available. The proposed residence
will be given one covered parking space within an existing garage. Carports designated for
residential parking have a blighting effect and are not appropriate in the commercial setting.
28
ITEM 3 | 6/5/2018
Conditional Use Permit
PLN 2018-1699 / Kartsioukas
Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
SECTION 2. Approval. The Planning Commission of the City of Atascadero, in a regular
session assembled on June 5, 2018, resolved to approve Conditional Use Permit 2018-0326 subject to the
following:
EXHIBIT A: Notice of Exemption
EXHIBIT B: Conditions of Approval
EXHIBIT C: Site Plan
EXHIBIT D: Conceptual Floor Plan
On motion by Commissioner ____________________, and seconded by Commissioner
_________________________, the foregoing resolution is hereby adopted in its entirety by the following
roll call vote:
AYES: ( )
NOES: ( )
ABSENT: ( )
ABSTAINED: ( )
ADOPTED:
CITY OF ATASCADERO, CA
_________________________________________
Jerel Seay
Planning Commission Chairperson
ATTEST:
___________________________________
Phil Dunsmore
Planning Commission Secretary
29
ITEM 3 | 6/5/2018
Conditional Use Permit
PLN 2018-1699 / Kartsioukas
Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
EXHIBIT A: Notice of Exemption
PLN 2018-1699 / CUP 2018-0326
30
ITEM 3 | 6/5/2018
Conditional Use Permit
PLN 2018-1699 / Kartsioukas
Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
EXHIBIT B: Conditions of Approval
PLN 2018-1699 / CUP 2018-0326
Conditions of Approval
PLN 2018-1699 / CUP 2018-0326
8030 El Camino Real
Planning Services Conditions
1. This Conditional Use Permit shall allow the construction of a studio apartment within the existing footprint of a
residential unit on the second story of 8030 El Camino Real, and located on Parcel 1 of Parcel Map AT 81-256,
recorded in Book 32, Page 11 of Parcel Maps, in the County of San Luis Obispo, California, APN 056-031-043,
regardless of owner.
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.
3. The Community Development Department shall have the authority to approve minor changes to the project that
(1) modify the site plan 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 conditional use permit. The Planning Commission shall
have the final authority to approve any other changes to the conditional use permit unless appealed to the City
Council.
4. Approval of this 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.
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 construction or use of the detached accessory structure.
6. All new utilities servicing the project shall be installed underground.
7. At the time of building permit, the applicant shall provide, at minimum, 100 cubic feet of enclosed storage space for
each unit, exclusive of closets. The design and location shall be to the satisfaction of the director of the
Community Development department.
8. Ongoing, the applicant shall provide, at minimum, 14 on-site parking spaces that comply with Atascadero
Municipal Code Parking and Loading standards (section 9-4.114 or successor code section). Before the building
permit for the apartment may be finaled, uncovered parking spaces shall be restriped.
9. Ongoing, one ground-floor garage space shall be devoted to covered parking for the proposed apartment. An
unenclosed carport shall not be permitted to satisfy the covered parking requirement.
10. At the time of building permit, the applicant shall provide a screened garbage collection area consistent with Solid
Waste Collection and Disposal standards of the Zoning Ordinance (AMC 9-4.129 or successor code section). The
area shall be designed and located to the satisfaction of the director of the Community Development Department.
11. At the time of building permit, the applicant shall provide a 6-foot tall solid wall or fence, or a 6-foot tall metal picket
fence along the western and southern property lines consistent with Exhibit C. The design and location of the
31
ITEM 3 | 6/5/2018
Conditional Use Permit
PLN 2018-1699 / Kartsioukas
Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
Conditions of Approval
PLN 2018-1699 / CUP 2018-0326
8030 El Camino Real
fence shall be to the satisfaction of the director of the Community Development Department.
12. At the time of building permit, the applicant shall provide a landscaping and irrigation plan consistent with the
requirements of the Water Efficient Landscape and Irrigation Ordinance to the satisfaction of the director of the
Community Development Department. The plan shall include the landscaping strip to the south of the building. If
metal picket fence is placed on the western property line to satisfy Condition 11 above, the landscape plan shall
include trees and shrubs to screen the adjacent drive-through lane from the property.
13. Before the building permit for the apartment may be finaled, the applicant shall paint the south-facing and west-
facing walls to match the color of the existing commercial space.
Building Services Conditions
14. The applicant shall apply for and receive a building permit before construction of the apartment may begin.
15. The apartment shall be constructed in compliance with all applicable requirements of the California Building Code.
Fire Department Conditions
16. The project shall comply with all Fire Department standards and requirements including for fire-rated building
separations; fire sprinklers; driveway length, width, surface and slope; and fire truck turnaround.
32
ITEM 3 | 6/5/2018
Conditional Use Permit
PLN 2018-1699 / Kartsioukas
Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
EXHIBIT C: Site Plan
PLN 2018-1699 / CUP 2018-0326
6-foot tall solid fence or wall Provide landscape plants and
irrigation to this area
Provide landscape planting and
irrigation to this area
Restripe the parking area
Provide landscape planting and
irrigation to this area Provide an on-site screened
garbage collection area
Provide one covered
parking space within an
existing garage.
33
ITEM 3 | 6/5/2018
Conditional Use Permit
PLN 2018-1699 / Kartsioukas
Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
EXHIBIT D: Conceptual Floor Plan
PLN 2018-1699 / CUP 2018-0326
Proposed
Apartment
Existing
Apartment
34
ITEM NUMBER: 4
DATE: 6-5-18
Atascadero Planning Commission
Staff Report – Public Works Department
Road Abandonment PLN 2018-1691
Request to Summarily Vacate an Undeveloped Portion Of
Mercedes Avenue & Del Rio Road Avenue
Gene Barre / Calvin Cherry
RECOMMENDATION(S):
Planning Commission adopt Resolution 2018-A recommending the City Council
summarily vacate an unconstructed portion of rights-of-way based on findings
consistent with the State of California Streets and Highways Code and the City’s
General Plan.
SITUATION AND FACTS:
1. Applicant/Owners: Gene Barre
PO Box 1783, Atascadero, CA 93423
Calvin Cherry
4615 Monterey Rd, Paso Robles, CA 93446
2. Project Address: 5147 Traffic Way, APN 028-191-015, Barre
5205 Traffic Way, APN 028-191-008, Cherry
6155 Via Avenue, APN 028-201-001, Cherry
3. General Plan Designation: Industrial (I)
4. Site Area: 5147 Traffic Way, 0.40 acres
5205 Traffic Way, 1.12 acres
6155 Via Avenue, 1.75 acres
35
DISCUSSION:
Background: The requested abandonment is shown below (Figure 1, hatched areas).
The properties are located between Traffic Way and the Railroad adjacent to the former
milling facility that lies behind Atascadero Hay and Feed store. These rights-of-way
were originally created on the Map of Atascadero Colony and have never been
constructed or used as roadways. Portions of Mercedes Ave northwesterly, and
southeasterly, of the subject right-of-way were abandoned in years past (Figure 1,
green shading).
Mercedes Avenue. A commercial building was permitted and constructed over
a portion of the right-of-way in the 1990’s and is currently occupied by a
business.
Del Rio Ave. This right-of-way extends from Traffic Way and dead-ends into the
Union Pacific Railroad.
FIGURE 1 Previously
Abandoned
Previously
Abandoned
Current
request
36
The property at 5147 Traffic Way is accessed via a 20-feet wide private access
easement and does not require any portion of said rights -of-way to maintain access to
the subject property. All other properties adjacent to the rights -of-way abandonments
have frontage and access from existing city streets.
Analysis:
State Requirements - Requirements for summarily vacating a road are found in the
Streets and Highways Code, Section 8331, which provides:
8331. The legislative body of a local agency may summarily vacate a street
or highway if both of the following conditions exist:
(a) For a period of five consecutive years, the street or highway
has been impassable for vehicular travel.
(b) No public money was expended for maintenance on the street
or highway during such period.
City Requirements - California Government Code Section 65402 requires that all
abandonments be consistent with the legislative bodies General Plan, as follows:
“If a general plan or part thereof has been adopted…no real property shall
be…vacated or abandoned…until the loca tion, purpose and extent of
such…street vacation or abandonment…has been submitted to and reported
upon by the planning agency as to the conformity with said general plan or part
thereof.”
The rights-of-way under consideration were created by the Map of Atascadero Colony
(circa 1915). The subject portion of rights-of-way have never been constructed or used
as roads. In addition, structures have been built in the rights-of-way (see Attachment 1)
and the open area has been impassable for five or more years.
Mercedes Avenue is shown on the City’s General Plan Map as a remnant right-of-way,
not connected to any other rights-of-ways. The portion of Del Rio Avenue proposed for
abandonment is not shown on the General Plan Map.
The proposed rights-of-way to be abandoned do not appear in the Circulation Element,
Figure III-2: General Plan Circulation Diagram.
Conclusion: The proposed abandonment meets the following criteria necessary for a
Summary Vacation:
Right-of-way has never been used as a road and ha s been impassable for more
than five (5) years
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Public funds have never been expended for maintenance on the subject rights -
of-way during the stated time period
The abandonment is consistent with the circulation element of the City’s General
Plan
ALTERNATIVES:
1. The Commission may recommend to the City Council that the proposed
abandonment is consistent with the City’s General Plan and that said right -of-way
could be considered as excess right-of-way.
2. The Commission may continue the hearing and refer the item back to staff for
additional information or analysis. Direction should be given to staff and the
applicant on required information.
PREPARED BY: Nick DeBar, Public Works Director
ATTACHMENTS:
Attachment 1 -- Location Map
Attachment 2 -- Draft Resolution PC 2018-A
t:\- plns (pre 2018 projects)\- 18 plns\pln 2018-1691 rab\pc staff report & res - mercedes & del rio abandonment.doc
38
Attachment 1: Location Map
Mercedes Ave
5147
5205
Del Rio Ave
6155
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Attachment 2: Draft PC Resolution 2018-A
DRAFT RESOLUTION PC N0. 2018-A
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ATASCADERO RECOMMENDING SUMMARY VACATION OF A PORTION OF
MECEDES AVENUE AND DEL RIO AVENUE PURSUANT TO SECTION 8331 OF
THE CALIFORNIA STREETS AND HIGHWAYS CODE
(ROAD ABANDONMENT #PLN 2018-1691)
WHEREAS, Eugene Barre, PO Box 1783, Atascadero, CA 93423 (applicant), and
Calvin Cherry, 4615 Monterey Rd., Paso Robles, CA 93446 (co-applicant) applied to abandon
portions of Mercedes Avenue and Del Rio Avenue, in the City of Atascadero, County of San
Luis Obispo, State of California; and
WHEREAS, the proposed abandonment is in conformance with the Circulation Element
of the General Plan and all other applicable General Plan policies; and
WHEREAS, the portion of the rights-of-way, as shown on the attached Exhibit A, have
never been improved and have been impassable for vehicular travel for a period of five
consecutive years and no public funds have been expended for maintenance on the subject rights-
of-way during such period; and
WHEREAS, the Planning Commission held a duly noticed public hearing to consider the
proposed Road Abandonment on June 5, 2018, at 6:00 p.m. and considered testimony, reports
from staff, the applicants, and the public;
NOW, THEREFORE, the Planning Commission takes the following actions:
SECTION 1. Environmental Review. The Planning Commission recommends the City
Council find that the proposed project is consistent with General Plan.
SECTION 2. Findings of Approval. The Planning Commission recommends that the
City Council find as follows:
1. The portions of Mercedes Avenue and Del Rio Avenue rights-of-way proposed to be
abandoned have been impassable for vehicular travel for a period of five consecutive
years and no public funds have been expended for maintenance on the subject rights-of-
way during such period.
BE IT FURTHER RESOLVED, that the Planning Commission of the City of
Atascadero does hereby recommend that the City Council approve a Resolution of Abandonment
for rights-of-way as shown on Exhibit A.
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On motion by ______________________, and seconded by ________________________ , the
foregoing resolution is hereby adopted in its entirety by the following roll call vote:
AYES: ( )
NOES: ( )
ABSENT: ( )
ADOPTED:
CITY OF ATASCADERO, CA
___________________________________________
Jerel Seay
Planning Commission Chairperson
ATTEST:
___________________________________
Phil Dunsmore
Planning Commission Secretary
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Exhibit A: Mercedes Avenue & Del Rio Avenue Abandonment Map
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