HomeMy WebLinkAboutAUP_2022-01-06_AgendaPacket ADMINISTRATIVE USE PERMIT HEARING
* COVID-19 NOTICE *
In accordance with City Council Resolution No. 2021-066 and the
requirements of AB 361, the Administrative Use Permit Meeting will not be
physically open to the public and Staff will be teleconferencing into the
meeting.
HOW TO OBSERVE THE MEETING:
To maximize public safety while still maintaining transparency and public access, you may join the
Zoom webinar from your computer, tablet, or smartphone by visiting:
To join the virtual hearing: (No passcode required)
https://us02web.zoom.us/j/88417152051?pwd=M2h5bWlDekZh UWRwNi9yUUxPcWVhZz09
Webinar ID: 884 1715 2051
The video recording of the meeting will be available through YouTube.
HOW TO SUBMIT PUBLIC COMMENT:
Members of the public are highly encouraged to participate in live public comment through the Zoom
platform using the link above or by calling the number below to listen and provide public comment
via phone.
US: +1 (669) 900-6833 (and use *9 to raise your hand to speak)
Webinar ID: 884 1715 2051 **no passcode required**
If you wish to provide written public comment, please email your comments to aup-
comments@atascadero.org by 5:00 pm 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 forwarded
to the Zoning Administrator and made a part of the administrative record. If a comment is received
after the deadline for submission but before the close of the meeting, the comment will still be included
as a part of the administrative record of the meeting but will be forwarded to the Zoning Administrator
the next business day. Please note, email comments 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.
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.
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 2:00 p.m. on Thursday, January 6, 2022 at City Hall to consider the
following project:
1. 5900 ENTRADA AVE, (USE21-0109)
The application is to allow a non-commercial message art mural. Staff
recommendation is to approve the proposed mural with conditions.
(Equality Mural Project) (Mariah Gasch, Associate Planner)
2. 10,000 CORONA ROAD, (USE21-0104)
The application is to allow for a sloping lot adjustment to reduce the
front setback for a new single-family residence. Staff recommendation is
to approve the proposed structure with conditions. (Nate Simmon)
(Mariah Gasch, 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 a ppealed 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
COMMUNITY DEVELOPMENT
Administrative Hearing Agenda Report ITEM # 1
FROM: Bailey Sullivan, Assistant Planner MEETING DATE: January 6, 2022
FILE NUMBER: USE21-0109
PROJECT ADDRESS: 5900 Entrada Ave., Atascadero, CA 93422
SITUATION: The applicant is proposing an approximately 700 square foot art mural at
5900 Entrada Avenue as part the Equality Mural Project. The mural will be located on the
wall of the business Monarch Behavior Solutions. The wall dimensions include an overall
length of 59’ and a height ranging from 9’ and 12’ due to the slope of the sidewalk. The
project is located in the Downtown Commercial zoning (DC) district along the wall of a
building occupied by various commercial businesses. The proposed mural will be highly
visible from the adjacent retail store, Anna and Company as well as State Farm Insurance.
The project is in a highly trafficked area of downtown and will be visible to vehicles and
pedestrians on Palma Avenue.
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 facing Palma Avenue. 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 21-0109 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 15311
☐ Statutory Exemption §§ 21000, et seq & ________________________
☐ No Project – Ministerial Project
The proposed project is Categorically Exempt (Class 11) 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 addition of a sign.
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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. Land
Use, Open Space and Conservation (LOC) Goal #4 is to “provide for a strong
and distinctive Downtown area”. Adding public art contributes to achieving this
goal by providing a distinct feature that is not seen outside of the Downtown.
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 authorizati on 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 north-side of the building and will be seen
from the adjacent store commercial businesses. The size and location do 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.
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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
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
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Attachment 1: Location Map
USE 21-0109
Proposed Project
(5900 Entrada Avenue)
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Attachment 2: Proposed Mural Location on building
USE 21-0109
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Attachment 3: Proposed Mural
USE 21-0109
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C ITY OF A TASCADERO
COMMUNITY DEVELOPEMENT
Administrative Hearing Agenda Report ITEM # 2
FROM: Bailey Sullivan, Assistant Planner MEETING DATE: January 6, 2022
FILE NUMBER: USE 21-0104
PROJECT ADDRESS: 10000 Corona Road
SITUATION: The applicant seeks to build a 2,564 square foot single-family residence
with a 613 square foot attached garage on a steeply sloping lot. A sloping lot adjustment
to the front building setback (AMC 9 -4.106) is requested to minimize the quantity of
grading needed to develop the site.
EVALUATION: The 5th goal of the Land Use, Open Space and Circulation element of the
General Plan is to “[p]reserve the contours of the hills.” The policies and programs that
support this goal are generally to increase minimum lot size on steeper slopes and to use
site planning that minimizes the amount of grading needed. The Hillside Grading
Guidelines interpret this General Plan goal and give practical requirements for
development projects that propose grading. They include the prohibition of cut and fill
pads when the native slope is 30% or greater.
Atascadero Municipal Code (AMC) 9-4.106(a)(3) permits a reduction to the front setback
for sloping lots where the slope results in an elevation change of at least 7 feet, as
measured from the centerline of the adjacent street to a point 50 feet onto the property in
the vicinity of the proposed structure. The reduction allows a non-habitable structure or
portion of a structure to be placed as close as 5 feet from the front property line, while the
other portions of the residence must be placed at the standard 25-foot setback. The grade
at the centerline of Corona Road is 16 feet lower than the elevation 50 feet onto the
property. This is more than double the threshold to consider a sloping lot adjustment.
The property is located off of Corona Road and accessed directly from the Corona Road
right-of-way. The Corona Road right-of-way is 40 feet wide, with asphalt that is 20 feet
wide in the general vicinity of the project. The residence is proposed on the flattest portion
of the site. The average slope of the building location is approximately 18.8%.
The proposed development plan locates the garage 10 -feet from the front property line,
alleviating the need for a longer driveway and reducing site disturbance. The unused
portion of the right-of-way acts somewhat to increase the perceived front setback, so that
while the garage would be 10 feet from the property line, it is approximately 25 feet from
the existing asphalt. If the requested adjustment is denied, relocating the residence
further onto the site will increase the amount of grading required as the slope begins to
drop off steeply behind the current proposed location.
RECOMMENDATION: Staff recommends the Administrative Hearing Officer approve
Administrative Use Permit USE21-0104 reducing the front setback for the attached
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garage from 25 feet to 10 feet, 4 inches from the front property line on Corona Road with
Conditions of Approval.
ENVIRONMENTAL DETERMINATION
☒ Categorical Exemption CEQA – Guidelines Section 15303
☐ Statutory Exemption §§ 21000, et seq & ________________________
☐ No Project – Ministerial Project
Findings
AMC 9-1.112 requires the Hearing Officer to make the following 5 findings:
(1) Modification of the applicable standard will not result in a project that is inconsistent
with the General Plan;
Staff comment: Reducing the front setback for the garage will minimize the impact
to the property. The setback reduction will result in significantly less grading to
develop the site and “[p]reserve the contours of the hills.”
(2) Modification of the applicable standard will not result in a project that is inconsistent
with the character of the immediate neighborhood or contrary to its orderly
development;
Staff comment: The project is a single-family residence in a residential suburban
(RS) zoning district. The neighborhood is located on steep slopes (30%+) with
narrow, winding roads and houses configured on sites in multiple ways to
accommodate the slope.
(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; and
Staff comment: The proposed residence will be in compliance will all pertinent City
policies and criteria.
(4) Modification of the applicable standard will not result in the authorization of a use not
otherwise allowed; and
Staff comment: A single-family residence is permitted in the Residential suburban
zoning district.
(5) Any other findings deemed necessary.
Staff comment: No other findings are deemed necessary.
Conditions
1. The garage shall be placed no closer than 10 feet to the front property line.
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2. Other portions of the residence shall meet all standard setback requirements.
3. The owner/applicant shall plant a minimum of 4 coyote bushes or other native bush
species between the garage face and the property line.
Code Requirements
1. AMC 9-4.106(a)(3) Sloping Lot Adjustment.
2. AMC 9-1.112 Administrative Use Permit.
Action:
Approve
Approve as modified
Deny
Continue to: _______________ to allow _________________________________
____________________________________________________________________
Continue indefinitely to allow: __________________________________________
_____________________________________________________________________
_____________________________________________________________________
___________________________________
Hearing Officer
ATTACHMENTS:
Attachment 1: Location and Zoning
Attachment 2: Overall Site Plan
Attachment 3: Building Site Plan
Attachment 4: Elevation
Attachment 5: Site Photos
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ATTACHMENT 1: Location and Zoning
USE 21-0104
RS
10000 Corona Road
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ATTACHMENT 2: Overall Site Plan
USE 21-0104
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ATTACHMENT 3: Building Site Plan
USE 21-0104
26 feet
15 feet
10 ft, 4 inches
Existing Asphalt
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ATTACHMENT 4: Elevation
USE 21-0104
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Note: AMC 9-4.106 (a)(3) allows a sloping lot adjustment when a point 50 feet
from the centerline of the adjacent right-of-way is 7 feet above or below the
elevation of the centerline. In the exhibit above, the slope is measured from
the property line, but the project also meets the actual code requirement. 50
feet from the centerline of the road, the elevation is 13 feet higher than the
road.
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ATTACHMENT 5: Site Photos
USE 21-0104
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