HomeMy WebLinkAboutAUP_2022-08-15_AgendaPacketADMINISTRATIVE USE PERMIT HEARING
Updated 8-9-2022
In accordance with City Council Resolution No. 2022-064 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/84567568854?pwd=UytsbTU1OVB3N2JYQVVJQmlMT1FaZz09
Webinar ID: 845 6756 8854
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)
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.
CITY OF ATASCADERO
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 VIRTUAL public
hearing at 9:00 a.m. on Monday, August 15, 2022 at City Hall to consider
the following project:
1. 5802 TRAFFIC WAY (USE22-0067)
The application is to allow for a non-commercial art mural at
5802 Traffic Way for the Equality Mural Project. Staff
recommendation is to approve the art mural project subject to
conditions. (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 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 $1,530 and must accompany the appeal
documentation.
CITY OF ATASCADERO
COMMUNITY DEVELOPMENT
Administrative Hearing Agenda Report ITEM # 1
FROM: Mariah Gasch MEETING DATE: August 15, 2022 FILE NUMBER: USE22-0067 PROJECT ADDRESS: 5802 Traffic Way, Atascadero, CA 93422
SITUATION: The mural was painted concurrently with construction of a new mixed-use
building known as The Block. The mural faces Traffic Way and appears on an otherwise
blank white wall. It is one of the murals in the Equality Mural Project series.
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 Traffic Way. The size and location will not pose any
safety hazards and artwork does not depict a commercial message or advertisement for
a business.
RECOMMENDATION: Staff recommends the Administrative Hearing Officer approve
USE 22-0067 determining that the 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 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 project includes addition of a
sign.
Findings
Page 2
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 contrary to its
orderly development;
The project is not commercial in nature and does not conflict with the character
of the immediate neighborhood. The 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 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 artwork does not display a commercial message.
6. The size, location, and/or medium used will not pose any safety risks to drivers.
The mural is located on the Northeast side of the building and will be seen by
traffic heading into downtown. 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.
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.
Page 3
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: Mural Location
Page 4
Attachment 1: Location Map
USE 22-0067
Mural Location
(5802 Traffic Way)
Page 5
Attachment 2: Mural Location
USE 22-0067