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HomeMy WebLinkAboutAUP_2021-06-16_AgendaPacket * COVID-19 NOTICE * Consistent with Executive Orders N-25-20 and No. N-29-20 from the Executive Department of the State of California and the San Luis Obispo County Health Official’s March 18, 2020 Shelter at Home Order, the AUP Meeting will not be physically open to the public and Planning Staff will be teleconferencing into the meeting. HOW TO SUBMIT PUBLIC COMMENT: Members of the public are highly encouraged to call 669-900-6833 to listen and provide public comment via phone, or submit written public comments to aup-comments@atascadero.org by 5:00 pm on the day before the meeting. Such email comments must identify the Agenda Item Number in the subject line of the email. The comments will be read into the record, with a maximum allowance of 3 minutes per individual comment, subject to the Zoning Administrator’s discretion. All comments should be a maximum of 500 words, which corresponds to approximately 3 minutes of speaking time. If a comment is received after the agenda item is heard but before the close of the meeting, the comment will still be included as a part of the record of the meeting but will not be read into the record. AMERICAN DISABILITY ACT ACCOMMODATIONS: Any member of the public who needs accommodations should contact the City Clerk’s Office at cityclerk@atascadero.org or by calling 805-470-3400 at least 48 hours prior to the meeting or time when services are needed. The City will use their best efforts to provide reasonable accommodations to afford as much accessibility as possible while also maintaining public safety in accordance with the City procedure for resolving reasonable accommodation requests. To join the meeting: https://us02web.zoom.us/j/84567568854?pwd=UytsbTU1OVB3N2JYQVVJQmlMT1FaZz09 Phone: (669) 900-6833 Webinar ID: 845 6756 8854 Administrative Use Permit agendas and staff reports may be viewed on the City's website: www.atascadero.org. Final Action Reports will be available after the meeting, and upon request from the Community Development Department. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the Community Development Department and are available for public inspection on our website, www.atascadero.org. All documents submitted by the public during AUP meetings that are either read into the record or referred to in their statement will be noted in the audio recording and available for review by contacting the Community Development Department. All documents will be available for public inspection during City Hall business hours by appointment request, or once City Hall is open to the public following the termination of the Shelter at Home Order. C ITY OF A TASCADERO COMMUNITY DEVELOPMENT DEPARTMENT 6500 PALMA AVE ▪ ATASCADERO, CA 93422 ▪ (805) 461 -5035 ▪ FAX 461-7612 Administrative Use Permit Hearing A G E N D A *MEETING WILL BE HELD VIRTUALLY* The City of Atascadero’s Zoning Hearing Officer will hold a public hearing at 10:00 a.m. on Wednesday, June 16, 2021 at City Hall to consider the following projects. 1. 6955 EL CAMINO REAL, (USE21-0047); The application for the project is to allow for three (3) commercial signs that exceed aggregate size limitations in the Downtown commercial zoning district (Daniels/Tenet Health/The Sign Place) (John Holder, Associate Planner) 2. 6090 EL CAMINO REAL, (USE21-005); The application for the project is to allow for a non-commercial message art mural in the Downtown commercial zoning district. (Z6 LLC/Equality Mural Project/Zappas) (John Holder, Associate Planner) PLEASE NOTE: Any court challenge to the actions taken at the public hearing may be limited to considering only those issues raised at the public hearing described in this notice or in written correspondence to the City of Atascadero at, or prior to, the public hearing. Any decision of the Hearing Officer is final unless appealed to the Planning Commission within 14 days of the action. Any person aggrieved by the decision may file an appeal. Appeal forms are available in the Community Development Department or on the City’s website (www.atascadero.org). The fee for filing an appeal is $806 and must accompany the appeal documentation. C ITY OF A TASCADERO COM MUNITY DEVELOPMENT Administrative Hearing Agenda Report ITEM # 1 FROM: John Holder, Associate Planner MEETING DATE: 6/16/21 FILE NUMBER: USE21-0047 PROJECT ADDRESS: 6955 El Camino Real SITUATION: The applicant, Tenet Health, is proposing three (3) new sets of acrylic letter signs on building frontages in the Downtown Commercial (DC) zoning district. The total square footage of the proposed aggregate sign area is 119.2 square feet, exceeding code allowances by 69.2 square feet. EVALUATION: The signs are for the business Tenet Health at 6955 El Camino Real and will replace the previous tenant’s logos (FCPP). The building is located on the corner of two major streets (Highway 41 and El Camino Real) with 3 different elevations that face public roads or parking areas, which is unique for buildings downtown. The proposal includes one sign on each of these facades as detailed below. The proposed signs are flat cut, acrylic logos combined with a painted multicolor design and do not contain any lighting. The signs are centered above the business entrances on El Camino Real, adjacent to the second story entrance on Morro Road, and facing the building parking area along Morro Road. Atascadero Municipal Code Section 9-15.008 limits wall signage to a total combined maximum of 50-sqaure-feet per tenant space in the Downtown Commercial zoning district unless an exception is granted through the approval of an Administrative Use Permit. The following three (3) signs are proposed: Sign Location Size (Square Feet) Image Sign A Facing Property Parking Area 69.2 Sign B Facing Morro Road 22.5 Sign C Facing El Camino 27.5 Total 119.2 1 Page 2 The signs will help identify and promote this business and would be consistent with existing signage locations for the building. The signage will increase visibility from the public right-of-way as well as from the property parking lot. No more than one sign will be located on each façade. The signs as proposed are proportional to the building elevations. RECOMMENDATION: Staff recommends the Administrative Hearing Officer approve USE21-0047 to allow the signage as proposed. ENVIRONMENTAL DETERMINATION ☒ Categorical Exemption CEQA – Guidelines Section 15311 ☐ Statutory Exemption §§ 21000, et seq & ________________________ ☐ No Project – Ministerial Project Findings AMC 9-15.011 requires the Hearing Officer to make the following 4 findings: 1. The sign is consistent with the purposes set forth in Section 9 -15.002; The proposed signs meets the listed purposes for signage outlined in section 9-15.002 of the AMC. Section 9-15.002(a) intends to “Maintain and improve the aesthetic environment and overall community appearance to foster the City’s ability to attract sources of economic development and growth.” The proposed signage will help promote a new business in the downtown zone. Section 9-15.002(c) intends to “implement quality sign design standards that are consistent with the City’s General Plan, Zoning Ordinance a nd Appearance Review Guidelines;” The signage is considered to be high-quality and will improve a building façade on a commercial corridor. Section 9-15.002(e) intends to “minimize possible adverse impacts of signs on private and public property in order to maintain property values and to maintain a positive City image;” Section 9- 15.002(g) intends to “generally limit commercial signage to on-site locations in order to protect the aesthetic environment from the visual clutter associated with the unrestricted proliferation of signs, while providing channels of communication to the public.” The signage will not create an adverse impacts and will help attract customers to a downtown business. Finally, Section 9-15.002(h) intends to “limit the size and number of signs to levels that reasonably allow for the identification of a residential, public or commercial location and the nature of any such commercial business.” The building has three (3) facades in a high-visibility corridor and only one (1) sign per building façade is proposed as required by code. The building is located at the corner of a busy multi-lane intersection and, therefore, increased signage will help drivers locate the business safely in a way that integrates with the building architecture and remains proportional to each façade. 2. The opportunity to combine signs for more than one (1) use on a single sign structure has been considered; 2 Page 3 The proposed signs are limited to one per building frontage and are considered appropriate in order to advertise the individual tenant’s services. The current tenant is the only building tenant at this time. 3. For freeway-oriented signs, the sign area and height are the minimum needed to achieve adequate visibility along the freeway due to highway ramp locations and grade differences; and The proposed sign is not freeway-oriented. 4. Conformance with all other applicable codes and ordinances of the City, including, but not limited to, the Zoning Ordinance, General Plan and its several elements, and the appearance review guidelines. (Ord. 604 § 2, 2016) The sign conforms with applicable codes and ordinances of the City, including Framework Principles of the General Plan that call for improving the appearance and character of Atascadero through signage. General Plan Policy 1.3 states: “Enhance the rural character and appearance of the City, including commercial c orridors, gateways and public facilities.” The proposed sign helps promote the downtown commercial corridor as it provides commercial signage to identify a major tenant on a corner property adjacent to the highway 41/El Camino Real intersection. The new signage will help promote a downtown business. General Plan Goal LOC 4 states: “Provide for a strong and distinctive Downtown Area.” This sign will help enhance and promote a commercial node in the downtown area, and allow for a unique and distinc tive sign design that will help adequately and safely identify a businesses in the downtown commercial zone. Additionally, the proposed sign is in compliance with the City’s appearance review manual guidelines related to signs. Specifically, the sign is in scale and proportion in its visual relationship to the building and surrounding structures, and can be considered harmonious with the building. Conditions 1. The design and location of the sign shall be consistent with Attachment 2. Code Requirements 1. AMC 9-15 (Sign Ordinance) 2. AMC 9-1.112 Administrative Use Permit Attachments Attachment 1 - Location Map Attachment 2 - Proposed Elevation Action:  Approve  Approve as modified  Deny 3 Page 4  Continue to: _______________ to allow _________________________________ ____________________________________________________________________  Continue indefinitely to allow: __________________________________________ _____________________________________________________________________ _____________________________________________________________________ ___________________________________ Phil Dunsmore, Hearing Officer 4 Aerial Map Attachment 1: Location Map USE21-0047 5 Front Elevation Sign A Attachment 2: Proposed Signs USE21-0047 6 Front Elevation Sign B Front Elevation Sign C 7 8 C ITY OF A TASCADERO COMMUNITY DEVELOPMENT Administrative Hearing Agenda Report ITEM # 2 FROM: John Holder MEETING DATE: June 16, 2021 FILE NUMBER: USE21-0055 PROJECT ADDRESS: 6090 El Camino Real, Atascadero, CA 93422 SITUATION: The applicant is proposing an approximately 17 by 8.5 foot art mural at 6090 El Camino as part the Equity Mural project. The project is located in the Downtown Commercial zoning district (DC) on a wall facing a private parking area adjacent to the Highway 101 Traffic Way off -ramp. The proposed mural will also be highly visible from the private parking area behind the commercial buildings at 6090 El Camino Real. The site contains a commercial project built out of cargo containers and includes a beer garden, ice cream shop, and retail use. The proposed art mural will cover a portion of a south-facing cargo container building façade. EVALUATION: City policy allows art and murals in all zoning districts with review of an Administrative Use Permit to ensure that the message is non-commercial in nature and does not create any safety issues related to distractive or reflective elements. The mural will be painted on a blank wall section facing the existing parking lot. The size and location will not pose any safety hazards and proposed artwork does not depict a commercial message or advertisement for a business. RECOMMENDATION: Staff recommends the Administrative Hearing Officer approve USE 21-0055 determining that the proposed mural at the above address is non- commercial in nature and poses no safety concerns. ENVIRONMENTAL DETERMINATION ☒ Categorical Exemption CEQA – Guidelines Section 15301 ☐ Statutory Exemption §§ 21000, et seq & ________________________ ☐ No Project – Ministerial Project The proposed project is Categorically Exempt (Class 01) from the provisions of the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., “CEQA”) and CEQA Guidelines (Title 14 California Code of Regulations §§ 15000, et seq.) CEQA pursuant to CEQA Guidelines Section 15311, because the proposed project includes the minor alteration of an existing structure that will have no expansion of the existing use. 9 Page 2 Findings 1. Modification of the applicable standard will not result in a project that is inconsistent with the General Plan; There are no conflicts with the policies set forth in the City’s General Plan. 2. Modification of the applicable standard will not result in a project that is inconsistent with the character of the immediate neighborhood or cont rary to its orderly development; The proposed project is not commercial in nature and does not conflict with the character of the immediate neighborhood. The proposed mural will enhance building quality in the DC zoning district. 3. Modification of the applicable standard will not result in a project that is not in compliance with any pertinent City policy or criteria adopted by ordinance or resolution of the City Council; The proposed mural will not conflict with City policies. The City allows non- commercial art murals in all commercial zoning districts. 4. Modification of the applicable standard will not result in the authorization of a use not otherwise allowed; No new or modified uses are proposed. 5. The proposed art display is non-commercial in nature; and The proposed artwork does not display a commercial message. 6. The size, location, and/or medium used will not pose any safety risks to drivers. The proposed mural is located on the south-side of the building and will be seen from the site’s parking area and the Traffic Way off -ramp from Highway 101. The size and location does not pose a safety risk to drivers. No reflective or otherwise distracting elements are proposed. Conditions: 1. If the mural is defaced, or vandalized, the property owner will repair or repaint the wall as needed. 2. Prior to any modification or replacement of the mural, the applicant or property owner shall provide staff with a sketch or photo of any proposed changes to ensure a non-commercial message at least five (5) working days prior to any changes. Code Requirements 1. AMC 9-1.112 Administrative Use Permit 2. AMC 9-15: Signs 10 Page 3 Action:  Approve  Approve as modified  Deny  Continue to: _______________ to allow _________________________________ ____________________________________________________________________  Continue indefinitely to allow: __________________________________________ _____________________________________________________________________ _____________________________________________________________________ ___________________________________ Hearing Officer ATTACHMENTS: Attachment 1: Location Map Attachment 2: Proposed Mural Location Attachment 3: Proposed Mural 11 Page 4 Attachment 1: Location Map USE 21-0055 Proposed Project (6090 El Camino Real) 12 Page 5 Attachment 2: Proposed Mural Location on building USE 21-0055 13 Page 6 Attachment 3: Proposed Mural USE 21-0055 14