HomeMy WebLinkAboutPC Resolution 2026-0002
PC RESOLUTION 2026-0002
RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ATASCADERO, CALIFORNIA,
DENYING APPEAL APL26-0020 AND UPHOLDING STAFF’S
DETERMINATION THAT THE LEGAL NON-CONFORMING STATUS OF
AN OUTDOOR VEHICLE AND EQUIPMENT STORAGE USE AT 4990
TRAFFIC WAY (APN 028-102-002) HAS EXPIRED.
4990 Traffic Way, LLC
4990 Traffic Way
WHEREAS, an appeal has been received from Brownstein Hyatt Farber Schrek, LLP on
behalf of the Property Owner, 4990 Traffic Way, LLC, to consider an appeal of a planning staff
determination that the legal nonconforming status of a previous Outdoor Vehicle and Equipment
Storage use that operated on the property at 4990 Traffic Way (APN 028-102-002) has expired
due to discontinuation of the use; and
WHEREAS, the site has a General Plan Designation of Industrial (I); and
WHEREAS, the site is in the Industrial (I) zoning district; and
WHEREAS, the Atascadero Municipal Code (AMC) has required a Conditional Use
Permit for any non-residential use with outdoor storage areas in excess of 10,000 square-feet (SF)
since 1988 and the AMC has required a Conditional Use Permit for all Outdoor Vehicle and
Equipment Storage uses in Industrial Zones since 2020;
WHEREAS, AMC § 9-7.106(b) states that if a nonconforming use of land is discontinued
for a period of six months or more, any following use must conform with all applicable
requirements of the Atascadero Zoning Ordinance.
WHEREAS, available City records and communications with the property owner indicate
that the property was occupied by Atascadero RV Storage, a legal nonconforming Outdoor Vehicle
and Equipment Storage use from 2012 through the end of its operation in June 2022, and the
Outdoor Vehicle and Equipment Storage use was subsequently discontinued for a period greater
than six months; and
WHEREAS, staff made a determination that the legal non-conforming status of the
previous Outdoor Vehicle and Equipment Storage land use expired due to a discontinuation of the
use for a period greater than six months.
WHEREAS, an appeal was filed on February 12, 2026 in accordance with the provisions
of Atascadero Municipal Code Section 9-1.111 for a review of staff’s determination.
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WHEREAS, a timely and properly noticed Public Hearing upon the subject Appeal was
held by the Planning Commission of the City of Atascadero, at which hearing evidence, oral and
documentary, was admitted on behalf of said appeal; and
NOW, THEREFORE, the Planning Commission of the City of Atascadero, California,
hereby finds, resolves, and determines as follows:
SECTION 1. Recitals: The above recitals are true and correct and incorporated herein as
if set forth in full.
SECTION 2. Public Hearings. The Planning Commission held a duly noticed public
hearing to consider the appeal on May 5, 2026 and considered testimony and reports from staff,
the applicants, and the public.
SECTION 3. Discontinuation of Use. The Planning Commission finds, based on such
testimony and documentation from staff, the applicants, and the public, that the use of the property
as an outdoor vehicle and equipment storage use was discontinued for a period of greater than six
months, beginning July 1, 2022.
SECTION 4. Denial of Appeal and Affirmation of Staff Determination. The Planning
Commission of the City of Atascadero, in a regular session assembled on May 5, 2026, resolved
to deny the Appeal and affirm staff’s determination that the legal nonconforming status of the
previous Outdoor Vehicle and Equipment Storage use on this site has expired due to a
discontinuation of the use for a period greater than six months.
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On motion by Commissioner Keen, and seconded by Commissioner Heath the foregoing
resolution is hereby adopted in its entirety by the following roll call vote:
AYES: Keen, Heath, Pennachio, Ferrell ( 4 )
NOES: Jones ( 1 )
ABSTAIN: Anderson ( 1 )
ABSENT: O’Malley ( 1 )
ADOPTED: May 5, 2026
CITY OF ATASCADERO, CA
Eric Pennachio
Planning Commission Vice Chairperson
Attest:
______________________________
Phil Dunsmore
Planning Commission Secretary
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