HomeMy WebLinkAboutOrdinance 694ORDINANCE NO. 694
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, APPROVING A ZONING TEXT
AMENDMENT TO ALLOW CARWASH USES IN THE COMMERCIAL
PARK PLANNED DEVELOPMENT OVERLAY ZONE (PD-9)
Home Depot Master Plan of Development Amendment
(USE25-0069)
WHEREAS, an application has been received from Westar Associates, LLC, applicant,
and Atascadero 101 Associates, LLC, property owner, to consider a Zoning Text Amendment to
allow carwash uses within the Commercial Park Planned Development Overlay Zone (PD-9) to
allow development of a carwash use within the Home Depot Center at 805 El Camino Real (APN
049-045-036).
WHEREAS, the project site has a General Plan Designation of Commercial Park (CPK);
and
WHEREAS, the site is in the Commercial Park (CPK) zoning district and within Planned
Development Overlay Zone No. 9 (PD-9); and
WHEREAS, PD-9 allows retail uses and restaurants ministerially, allows drive-through
restaurant uses with a Conditional Use Permit, and does not allow carwash uses; and
WHEREAS, site development is governed by the existing Master Plan of Development
originally approved by City Council in 1997 and subsequently amended to accommodate various
uses and development; and
WHEREAS, an application for Lot Line Adjustment and a Conditional Use Permit with
a parking reduction, driveway design modification, and sign exception to amend the Home Depot
Center Master Plan of Development (CUP 2000-0014) and allow a carwash, drive-through
restaurant, and commercial shell at the Home Depot Center at 805, 910, 920, and 940 El Camino
Real (APNs 049-045-036, 049-045-034, 049-045-033, & 049-045-035) (the “Project Site”),
requiring concurrent approval of this Zone Text Amendment.
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 Project was
held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and
documentary, was admitted on behalf of said use permit; and
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Ordinance No. 694
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WHEREAS, the Project was reviewed by the Planning Commission at their regularly
scheduled meeting on March 3, 2026 and the Planning Commission recommended approval of the
Project after receiving the staff report and hearing testimony from the public; and
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO
HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Recitals: The above recitals are true and correct.
SECTION 2. Public Hearing. The City Council of the City of Atascadero held a duly noticed
Public Hearing on March 24, 2026 to consider the Project with testimony and reports from staff,
the applicants, and the public.
SECTION 3. Facts and Findings. The City Council makes the following findings, determinations
and approvals with respect to the Project approvals:
A. Findings for approval of a Zone Map and Specific Plan Zone Amendment
1. FINDING: The Planning and Zoning Text and Map Change is consistent with General
Plan policies and all other applicable ordinances and policies of the City.
FACT: The proposed Zoning Text Amendment is consistent with the General Plan.
The Project will amend PD-9 to include carwashes within the list of conditionally
allowed uses in that zone. The Home Depot Commercial Center is designated for
regional commercial uses with a mix of uses that can be established through planned
commercial developments. Allowing carwashes in this overlay zone is appropriate
given the current mix of uses and automobile-oriented design of the center.
2. FINDING: This Amendment of the Zoning Ordinance and Map will provide for the
orderly and efficient use of lands where such development standards are applicable.
FACT: Allowing carwash uses with a conditional use permit ensures site-specific
review and allows for project specific consideration for common issue areas such as
traffic, noise, and aesthetics. The amendment enables infill of long-vacant pads within
an established commercial center while maintaining the character of the commercial
center.
3. FINDING: The Text and Map Change will not, in itself, result in significant
environmental impacts.
FACT: The amendment only adds carwash as a conditional use in PD-9 and does not
authorize construction without further review. Environmental impacts are addressed
through CEQA analysis for the specific projects. If needed, mitigation measures ensure
impacts remain less than significant.
SECTION 4. CEQA. The City Council finds that the project is Categorically Exempt
from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section
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Ordinance No. 694
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15332 (In-fill Development) exemptions of the CEQA Guidelines, in accordance with the Notice
of Exemption.
SECTION 5. Approval. The City Council of the City of Atascadero, in a regular session
assembled on March 24, 2026, resolved to approve the Project consistent with the following:
EXHIBIT A: Amended PD-9 Text
SECTION 6. Interpretation. This Ordinance must be broadly construed in order to achieve
the purposes stated in this Ordinance. It is the City Council’s intent that the provisions of this
Ordinance be interpreted or implemented by the City and others in a manner that facilitates the
purposes set forth in this Ordinance.
SECTION 7. Preservation. Repeal of any provision of the AMC or of any previous Code
Sections, does not affect any penalty, forfeiture, or liability incurred before, or preclude
prosecution and imposition of penalties for any violation occurring before this Ordinance’s
effective date. Any such repealed part will remain in full force and effect for sustaining action or
prosecuting violations occurring before the effective date of this Ordinance.
SECTION 8. Effect of Invalidation. If this entire Ordinance or its application is deemed
invalid by a court of competent jurisdiction, any repeal or amendment of the AMC or other City
Ordinance by this Ordinance will be rendered void and cause such previous AMC provision or
other City Ordinance to remain in full force and effect for all purposes.
SECTION 9. Severability. If any part of this Ordinance or its application is deemed
invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not
affect the effectiveness of the remaining provisions or applications and, to this end, the provisions
of this Ordinance are severable.
SECTION 10. Notice. The City Clerk is directed to certify the passage and adoption of
this Ordinance; cause it to be entered into the City of Atascadero’s book of original ordinances;
make a note of the passage and adoption in the records of this meeting; and, within fifteen (15)
days after the passage and adoption of this Ordinance, cause it to be published or posted in
accordance with California law.
SECTION 11. Effective Date. This Ordinance will take effect on the 30th day following
its final passage and adoption.
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Ordinance No. 694
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INTRODUCED at a regular meeting of the City Council held on March 24, 2026, and PASSED,
APPROVED and ADOPTED by the City Council of the City of Atascadero, State of California,
on April 14, 2026.
CITY OF ATASCADERO
Charles Bourbeau, Mayor
ATTEST:
Lara K. Henderson, City Clerk
APPROVED AS TO FORM:
David Fleishman, City Attorney
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City of Atascadero
Ordinance No. 694
Exhibit A
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§ 9-3.653 Establishment of Commercial Park Planned Development Overlay Zone No. 9: (PD9).
Commercial Park Planned Development Overlay Zone No. 9 is established as shown on the official
zoning maps (Section 9-1.102). The following development standards are established:
(a) A Master Plan of Development shall be approved prior to approving a plot plan, precise
plan, conditional use permit, tentative parcel map or tract map. The Master Plan shall be
applied for and processed in the manner prescribed for a conditional use permit (Section
9-2.110).
(b) The proposed Master Plan of Development shall generally incorporate the mitigation
measures as contained in the final supplemental environmental impact report (EIR),
prepared by Site and Environmental Design, February 1992. Depending on the proposed
project, the EIR may need to be modified or expanded to address unforeseen
environmental impacts.
(c) 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) No subsequent plot plan, precise plan, conditional use permit, tentative parcel map or
tract map shall be approved unless found to be consistent with the approved Master Plan
of Development. Any amendment to the Master Plan, including conditions thereof, shall
be accomplished as set forth in subsection (a) of this section.
(e) In approving a Master Plan of Development for the site, the conditionally allowed land
uses are limited to the following:
(1) Automobile, mobilehome, and vehicle dealers and suppliers (see Section 9-
6.163 of this title);
(2) Accessory storage (see Section 9-6.103 of this title);
(3) Building materials and hardware (see Section 9-6.165 of this title);
(4) Business support services;
(5) Contract construction services;
(6) Eating and drinking places with drive-through facilities;
(7) Electronic and scientific instruments;
(8) Farm equipment and supplies;
(9) Furniture and fixtures;
(10) Horticultural specialties (see Section 9-6.116 of this title);
(11) Hotels, motels;
(12) Sales lots (see Section 9-6.139 of this title);
(13) Small scale manufacturing;
(14) Temporary events (see Section 9-6.177 of this title);
(15) Temporary/seasonal sales (see Section 9-6.174 of this title);
(16) Utility transmission facilities;
(17) Vehicle and equipment storage (see Section 9-6.183 of this title);
(18) Indoor recreation;
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Ordinance No. 694
Exhibit A
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(19) Pipelines;
(20) Public assembly and entertainment.
(21) Auto Repair and Services limited to car wash uses
(f) Any development shall be served by City sewer.
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STATE OF CALIFORNIA )
COUNTY OF SAN LUIS OBISPO ) ss
CITY OF ATASCADERO )
I, ALYSSA M. SLATER, Deputy City Clerk of the City of Atascadero, DO
HEREBY CERTIFY that Ordinance No. 694 was duly introduced at a regular
meeting held March 24, 2026 and adopted at a regular meeting of the City
Council held on the 14th day of April, 2026 by the following roll call vote, to wit:
AYES: Council Member Funk, Newsom, Peek, Mayor Pro Tem Dariz,
Mayor Bourbeau
NOES: None
ABSENT: None
_____________________________________
ALYSSA M. SLATER, DEPUTY CITY CLERK
I hereby certify that the foregoing is the original of Ordinance No. 694 duly
passed and adopted by the Atascadero City Council at their regular meeting held
on April 14, 2026 and that summaries of the Ordinance were published on
3/26/2026 and 4/16/2026 in the News Times newspaper.
_____________________________________
ALYSSA M. SLATER, DEPUTY CITY CLERK
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