HomeMy WebLinkAboutPC_Resolution_2026-0005PC RESOLUTION 2026-0005
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO,
CALIFORNIA RECOMMENDING THE CITY COUNCIL CERTIFY THE FINAL
ENVIRONMENTAL IMPACT REPORT, ADOPT FINDINGS OF FACT PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPT A MITIGATION AND
MONITORING AND REPORTING PROGRAM, AND ADOPT A STATEMENT OF OVERRIDING
CONSIDERATIONS FOR THE ATASCADERO 2045 GENERAL PLAN AND ZONING CODE
UPDATE (SCH#2024070598); AND ADOPT THE CITY OF ATASCADERO 2045 GENERAL PLAN
CONSISTING OF THE FOLLOWING ELEMENTS: LAND USE AND COMMUNITY FORM,
ECONOMIC DEVELOPMENT, MOBILITY, RECREATION AND OPEN SPACE, PUBLIC
SERVICES AND INFRASTRUCTURE, AND SAFETY AND EMERGENCY PREPAREDNESS
WHEREAS, California Government Code Section 65300 requires the City of Atascadero (“City”) to
adopt and maintain a General Plan that contains certain elements, describes the City's long-term goals for growth
and development, and identifies policies and programs to achieve those goals; and
WHEREAS, under State law and the Atascadero Municipal Code, the Atascadero Planning
Commission ("Planning Commission") is charged with reviewing updates and amendments to the City's General
Plan, and making recommendations to the Atascadero City Council ("City Council"); and
WHEREAS, the City of Atascadero last completed a comprehensive update of its General Plan in 2002
(adopted June 25, 2002) which has been amended in part from time to time; and,
WHEREAS, in July 2021, the City began the process of comprehensively updating the City's General
Plan, and since this time City officials, City staff, and community members have been actively involved in the
preparation of the 2045 General Plan; and
WHEREAS, the 2045 General Plan applies to lands within City limits (“City Planning Area”). The
City's Planning Area covers a total of 38 square miles of land; and
WHEREAS, in December 2021, the City selected MIG, Inc. to prepare the 2045 General Plan and a
corresponding Environmental Impact Report; and
WHEREAS, pursuant to Government Code Section 65351, the City engaged the community to help
formulate the 2045 General Plan by holding 17 community workshops and other public engagement
opportunities, including open houses on October 14, 2023 and October 21, 2025; and
WHEREAS in accordance with Government Code sections 65351 through 65352.5, the City has
provided opportunities for public input and involvement on the 2045 General Plan, and provided opportunities
for consultation to affected public agencies and California Native American tribes on the 2045 General Plan; and
WHEREAS, in conformance with Government Code section 65302 describing the mandatory elements
of a general plan, the 2045 General Plan contains the following chapters, which address the mandatory elements:
Land Use and Community Form, Economic Development, Housing, Mobility, Recreation and Open Space,
Public Services and Infrastructure, and Safety and Emergency Preparedness; and
WHEREAS, the Housing Element was adopted by the City Council on November 10, 2020 and was
certified by the California Department of Housing and Community Development (HCD) for the 6th Cycle
Housing Element (2020-2028) on January 12, 2021; and
WHEREAS, for the purpose of the Planning Commission’s recommendation contained herein the 2045
General Plan includes the following elements: Land Use and Community Form, Economic Development,
Mobility, Recreation and Open Space, Public Services and Infrastructure, and Safety and Emergency
Preparedness; and does not include the Housing Element. The certified Housing Element will be incorporated
and made part of the 2045 General Plan by reference; and
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WHEREAS, there are no proposed changes to the City's Sphere of Influence accompanying the 2045
General Plan, nor has the City submitted any applications to the San Luis Obispo County Local Agency
Formation Commission in connection with the 2045 General Plan; and
WHEREAS, the Land Use Plan for the 2045 General Plan institutes “Placetypes” to supplant Land Use
districts and bring more clear direction and character defining elements to each designation. While most of the
Placetypes reflect existing and long-established development types such as Rural Residential, Commercial, and
Industrial, three new Placetypes are established as part of this General Plan: High Density Multi-Family, Mixed
Use, and Innovation; and
WHEREAS, the City is the lead agency for the 2045 General Plan project pursuant to the California
Environmental Quality Act ("CEQA"); and
WHEREAS, the City has completed the 2045 General Plan and analyzed potential environmental
impacts in compliance with CEQA; and
WHEREAS, the 2045 General Plan and corresponding environmental review documents are now before
the City's decision making bodies for consideration, certification, and adoption; and
WHEREAS, on July 16, 2024, the City filed a Notice of Preparation ("NOP") with the State Office of
Land Use and Climate Innovation (“LCI") to determine the scope of environmental review for the 2045 General
Plan. The City circulated the NOP to the relevant state and local public agencies, as well as to interested
organizations and members of the public between July 16, 2024 and August 14, 2024. On July 24, 2024, the
City conducted a scoping meeting to receive public comments on the scope and content of the environmental
impact report; and
WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the City prepared a Draft
Environmental Impact Report ("Draft ElR") (SCH No. 2024070598) for the 2045 General Plan and corresponding
Zoning Code Update that implements the 2045 General Plan.
WHEREAS, on April 15, 2026, the City filed a Notice of Completion ("NOC") informing LCI that the
City had completed the Draft EIR, and recommending distribution of the Draft EIR to certain state agencies for
review; and
WHEREAS, the Draft EIR was available for public review, inspection and comment at City Hall, located
at 6500 Palma Avenue, Atascadero, CA 93422, the Atascadero Public Library located at 6555 Capistrano Avenue,
Atascadero, CA 93422, and the City of Atascadero’s website for the 2045 General Plan
(www.Atascadero2045.org) forty-five (45) days, between April 20, 2026 and June 4, 2026; and
WHEREAS, the City received a total of three (3) comments, comment letters, and emails relating to the
2045 General Plan Draft EIR during the public review period; and
WHEREAS, in compliance with CEQA Guidelines Section 15088, the City evaluated and responded to
each of the comments received on the Draft EIR; and
WHEREAS, the City has prepared the Final Environmental Impact Report ("Final EIR") for the 2045
General Plan and Zoning Code Update, which incorporates the Draft ElR, the City's responses to written
comments received on the Draft EIR, and revisions to the Draft EIR; and
WHEREAS, none of the comments on the Draft EIR or any of the revisions to the Draft EIR presented
any new significant environmental impacts or otherwise constituted significant new information requiring
recirculation of the Draft EIR pursuant to CEQA Guidelines Section 15088.5; and
WHEREAS, the Final EIR will be made available to the public and to all commenting agencies at least
10 days prior to its certification, in compliance with Public Resources Code Section 21092.5(a); and
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WHEREAS, pursuant to California Code of Regulations, Title 14, Division 6, Chapter 3 ("CEQA
Guidelines"), section 15090, the lead agency shall certify that the Final EIR was prepared in compliance with
CEQA, the lead agency’s decision-making body reviewed and considered the Final EIR prior to approving the
project, and the Final EIR reflects the lead agency’s independent judgment and analysis; and
WHEREAS, pursuant to CEQA Guidelines section 15091, the City has prepared findings of fact
regarding the significant adverse environmental impacts that may result from approval and implementation of the
2045 General Plan and Zoning Code Update ("CEQA Findings"); and
WHEREAS, pursuant to CEQA Guidelines sections 15091 and 15093, the City has prepared a Statement
of Overriding Considerations for environmental impacts that are expected to remain significant and unavoidable;
and
WHEREAS, pursuant to CEQA Guidelines section 15091 and 15097, the City has prepared a Mitigation
Monitoring and Reporting Program ("MMRP") for mitigation measures imposed to avoid or mitigate significant
environmental impacts; and
WHEREAS, the Planning Commission has reviewed the Final EIR , the CEQA Findings of Fact and the
Statement of Overriding Considerations, and the MMRP (collectively incorporated hereto as Exhibit A); and
WHEREAS, following notice duly provided as required by law, the Planning Commission held a public
hearing on August 18, 2026 at which all interested parties were given an opportunity to comment on the 2045
General Plan, Final EIR, CEQA Findings of Fact, Statement of Overriding Considerations, and MMRP prior to
the Planning Commission's recommendation to the Atascadero City Council; and
WHEREAS, during such duly noticed public hearing on August 18, 2026, the Planning Commission
considered the 2045 General Plan, Final EIR, CEQA Findings of Fact, Statement of Overriding Considerations,
and MMRP, all written and oral reports of City staff, and all comments by interested parties on the matter as
reflected in the record prior to the Planning Commission’s recommendation to the Atascadero City Council; and
WHEREAS, pursuant to Section 18706 of Title 2, Division 6, Chapter 7, Article 1 of the California
Code of Regulations, due to conflicts of interests among one or more Commissioners, the Planning Commission
segmented decisions regarding the Low Density Multifamily Land Use Designation, the Medium Density
Multifamily Land Use Designation, and the Mixed Use Land Use Designation; and
WHEREAS, Chairperson Anderson, Vice Chairperson Pennachio, Commissioner O’Malley, and
Commissioner Ferrell recused themselves from consideration of the Low Density Multifamily Land Use
Designation and Chairperson Anderson and Commissioner Jones recused themselves from consideration of the
Medium Density Multifamily and Mixed Use Land Use Designations; and
WHEREAS, for the remainder of the 2045 General Plan and corresponding CEQA recommendations,
there were no conflicts of interest requiring recusal; all seven Commissioners were permitted to participate in the
remaining recommendations to the Atascadero City Council.
NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ATASCADERO DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Recitals set forth above are true and correct and are adopted as findings in support of this
Resolution.
SECTION 2. The Planning Commission hereby finds that:
1. All of the above recitals regarding compliance with CEQA are true and correct, and are hereby
incorporated into this section as though set forth in full.
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2. Agencies and interested members of the public have been afforded ample notice and opportunity to
comment on the Final EIR, which incorporates the Draft EIR and is incorporated hereto as Exhibit
A, and the 2045 General Plan.
3. The 2045 General Plan and Zoning Code Update has been environmentally reviewed pursuant to the
provisions of CEQA and the CEQA Guidelines and the Final EIR, which incorporates the Draft
EIR, was prepared in compliance with CEQA.
4. The Planning Commission has reviewed and considered the Final EIR, which incorporates the Draft
EIR, prior to making its recommendation to City Council consistent with CEQA Guidelines
Sections 15025(c), 15090.
5. The Final EIR, which incorporates the Draft EIR, represents the Planning Commission’s
independent judgement and analysis.
6. Location and Custodian of Documents. The record of the 2045 General Plan project approval and
Final EIR shall be kept at Atascadero City Hall, 6500 Palma Avenue, Atascadero, CA 93422.
SECTION 3. The Planning Commission further finds that:
1. The 2045 General Plan and all its elements comprise a comprehensive, long-range, internally
consistent statement of the City's goals, policies, and actions relating to Land Use and Community
Form, Economic Development, Mobility, Recreation and Open Space, Public Services and
Infrastructure, and Safety and Emergency Preparedness.
2. The Land Use and Community Form, Economic Development, Mobility, Recreation and Open
Space, Public Services and Infrastructure, and Safety and Emergency Preparedness chapters of the
2045 General Plan, and the previously adopted Housing Element, include the elements required by
Government Code section 65302.
3. The 2045 General Plan will promote the public health, safety, and welfare of the City's residents by
establishing goals, policies, and actions to guide the City's future growth and development within
the City's Planning Area.
4. The Land Use and Community Form, Economic Development, Mobility, Recreation and Open
Space, Public Services and Infrastructure, and Safety and Emergency Preparedness Elements of the
2045 General Plan have all been prepared in conformance with applicable State planning and zoning
laws, including but not limited to Government Code Section 65302.
SECTION 4. In accordance with Section 18706 of Title 2, Division 6, Chapter 7, Article 1 of the California
Code of Regulations, the Planning Commission segmented decisions regarding certain land use re-designations
proposed by the 2045 General Plan in which one or more Commissioners had a financial interest pursuant to the
Political Reform Act (Government Code § 81000 et seq.). Five of the six Commission members recused due to
financial interest conflicts, and one Commission member was absent due to personal reasons indicating
uncertainty about whether the Commission member would be present at future meetings. A coin flip determined
that the Medium Density Multifamily and Mixed Use Land Use Designations would be heard first. Based on the
aforementioned findings and all the evidence in the record, the Planning Commission, pursuant to the following
votes, hereby recommends that the City Council of the City of Atascadero adopt the following as part of the
2045 General Plan:
1. Medium Density Multifamily and Mixed Use Land Use Designations. Due to a conflict of interest,
Chairperson Anderson and Commissioner Jones recused themselves from consideration of the Medium
Density Multifamily and Mixed Use Land Use Designations. However, because a quorum was not
present following the five recusals noted above, Vice Chairperson Pennachio, Commissioner O’Malley,
and Commissioner Ferrell returned to achieve a quorum and participate in the discussion and vote on
Section (1) of Section 4 of this Resolution under the rule of necessity. The remaining Commissioners
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voted 4-0 to recommend the City Council of the City of Atascadero adopt the Medium Density
Multifamily Land Use Designation and Mixed Use Land Use Designation in accordance with the 2045
General Plan, as shown in Exhibit B.
2. Low Density Multifamily Land Use Designation. Due to a conflict of interest, Chairperson Anderson,
Vice Chairperson Pennachio, Commissioner O’Malley, and Commissioner Ferrell previously recused
themselves from consideration of the Low Density Multifamily Land Use Designation but returned as a
result of the rule of necessity noted above. Commissioner Jones, not having a conflict on this
designation, also returned. The remaining Commissioners voted 5-0 to recommend the City Council of
the City of Atascadero adopt the Low Density Multifamily Land Use Designation in accordance with
the 2045 General Plan, as shown in Exhibit B.
3. For the remainder of the 2045 General Plan changes, other than those described in sections (1) through
(2) of Section 4 of this Resolution, there were no conflicts of interest requiring recusal. All six attending
Commissioners were permitted to act on the remaining changes and corresponding CEQA
recommendations and voted 6-0 to recommend the City Council of the City of Atascadero adopt the
remainder of the changes and corresponding CEQA recommendations, and they voted 6-0 to
recommend the City Council of the City of Atascadero adopt the remaining sections of the 2045 General
Plan, as shown in Exhibit B.
SECTION 5. Based on the aforementioned findings and all the evidence in the record, and in accordance with the
segmented decisions approved in Section 4 of this Resolution, the Planning Commission hereby further
recommends that the City Council of the City of Atascadero:
1. Certify the Final EIR for the 2045 General Plan and Zoning Code Update, Adopt Findings of Fact
Pursuant to the California Environmental Quality Act, Adopt a Statement of Overriding
Considerations and Adopt a Mitigation Monitoring and Reporting Program, in substantial form as
attached hereto as Exhibit A.
2. Adopt the 2045 Atascadero General Plan, which for the purposes of this recommendation consists
of the following elements: Land Use and Community Form, Economic Development, Mobility,
Recreation and Open Space, Public Services and Infrastructure, and Safety and Emergency
Preparedness, in substantial form as attached hereto as Exhibit B.
SECTION 6. This Resolution is effective immediately upon adoption.
SECTION 7. The City Clerk shall certify to the passage and adoption of this Resolution and shall cause a
certified copy to be filed in the book of original resolutions.
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PASSED, APPROVED AND ADOPTED this 18th day of August, 2026.
__________________________________
Jason Anderson
Planning Commission Chairperson
APPROVED AS TO FORM: ATTEST:
__________________________________ _______________________________________
Dave Fleishman, City Attorney Phil Dunsmore, Planning Commission Secretary
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