HomeMy WebLinkAboutAUP_2023-07-26_AgendaPacketADMINISTRATIVE USE PERMIT HEARING
Updated 11-1-2022
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.
C ITY OF A TASCADERO
COMMUNITY DEVELOPMENT DEPARTMENT
6500 PALMA AVE ▪ ATASCADERO, CA 93422 ▪ (805) 461-5035
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 Wednesday, July 26, 2023 at City Hall to consider
the following projects:
1. 7105 PORTOLA ROAD (USE23-0042)
The application is to allow for a height exception to increase the maximum
height of a single-family residential structure from 30 feet to 34 feet in the
RSF-Y zoning district on APN 054-081-027. The project is exempt from
the California Environmental Quality Act (CEQA) under Categorical
Exemption §15303, Class 3: new construction of small structures. Staff
recommendation is to approve the project, subject to conditions. (Mariah
Gasch, Associate Planner)
2. 6435 MORRO ROAD (USE23-0052)
The application is to allow for signage over the maximum by-right square
footage limit on APN 030-212-028. The proposed structure is 211 square
feet in total, where 150 square feet is the maximum allowable without use
permit approval. The project is exempt from the California Environmental
Quality Act (CEQA) under Categorical Exemption §15301, Class 1:
existing facilities. Staff recommendation is to approve the project, subject
to conditions. (Sam Mountain, Assistant 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 $1,615 (fee as of 8-24-23) and must accompany the appeal documentation.
C ITY OF A TASCADERO
COMMUNITY DEVELOPEMENT
Administrative Hearing Agenda Report ITEM # 1
FROM: Mariah Gasch, Associate Planner MEETING DATE: July 26, 2023
FILE NUMBER: USE23-0042
PROJECT ADDRESS: 7105 Portola Rd, Atascadero CA, 93422
SITUATION: The applicant is requesting an Administrative Use Permit to grant a height
exception for a single-family residence with attached garage in the RSF-Z zone.
EVALUATION: Atascadero Municipal Code Section 9-4.113 has a height limitation of
30-feet for all structures in the Residential Single-Family (RSF) zone. Height limitations
of this section may be adjusted for a single-family residential building to exceed this limit
to a maximum of forty (40) f eet, provided that the required side and rear setbacks are
increased one (1) foot in width for each foot of height over thirty (30) feet.
The Atascadero Municipal Code Sections 9-4.106-8 provide setback requirements for all
structures within the City of Atascadero. In the RSF zone, the Municipal Code has a
minimum side setback of 5- feet, a front setback of a non-street facing side of 10- feet,
and a rear setback requirement of 10- feet.
The applicant is proposing a 34-foot tall, two-dome residential single-family home and
garage to be built, requiring a four (4) foot height exception. The proposed structure is
approximately 65 feet to the nearest side property line. In order to meet the code’s
requirement for the exception, the home and garage would only need to be located at
least nine feet from the side property line. Additionally, the structure is less than 40 feet
tall. Therefore, the proposal falls within the exception allowed.
RECOMMENDATION:
Staff recommends the Administrative Hearing Officer approve USE23-0042, allowing the
dome shaped single family residence and home to be built.
ENVIRONMENTAL DETERMINATION
☒ Categorical Exemption CEQA – Guidelines Section 15301
☐ Statutory Exemption §§ 21000, et seq & ________________________
☐ No Project – Ministerial Project
Page 2
Findings
The maximum height limit for a single-family residential building is forty (40) feet, provided
that the required side and rear setbacks are increased one (1) foot in width for each foot
of height over thirty (30) feet.
Conditions
1. This AUP shall allow the height exception of a single-family residence as described
in the attached exhibits and located on APN 054-081-027.
2. The approval of this use permit shall become final and effective for the purposes
of issuing building permits fourteen (14) days following the AUP approval unless
an appeal to the decision is filed as set fo rth in Section 9-1.111(b) of the Zoning
Ordinance.
3. The Community Development Department shall have the authority to approve the
following minor changes to the project that (1) modify the site plan project by less
than 10%, (2) result in a superior site design or appearance, and/or (3) address a
construction design issue that is not substantive to the Master Plan of
Development. The AUP hearing officer shall have the final authority to approve
any other changes to the Master Plan of Development.
4. Approval of this AUP shall be valid for 24 months after its effective date. At the
end of the period, the approval shall expire and become null and void unless the
project has received a building permit and started construction on the project.
5. The applicant shall defend, indemnify, and hold harmless the City of Atascadero
or its agents, officers, and employees against any claim or action brought to
challenge an approval by the City, or any of its entities, concerning the construction
or use of the detached accessory structure.
6. The maximum height of the residence shall be consistent with the elevations in
Attachment 3. The maximum height shall not exceed 35 feet.
7. The location of the new residence shall be consistent with what is shown in Exhibit
B.
8. The applicant shall provide proposed exterior paint colors upon submittal. The
colors used shall be neutral and be compatible with the surrounding neighborhood.
This color scheme shall be approved by the Community Development Department
and the building shall be painted prior to requesting the final planning inspection.
Code Requirements
AMC 9-1.112 Administrative Use Permit
AMC 9-4.113 Height Limitations
Action:
Approve
Approve as modified
Deny
Continue to: _______________ to allow _________________________________
____________________________________________________________________
Page 3
Continue indefinitely to allow: __________________________________________
_____________________________________________________________________
_____________________________________________________________________
___________________________________
Hearing Officer
ATTACHMENTS:
Attachment 1: Location Map
Attachment 2: Proposed Building Locations
Attachment 3: Proposed Elevations
Page 4
Attachment 1: Location Map
USE23-0042
Residential
Single Family
Rural
Suburban
Page 5
Attachment 2: Proposed Building Locations
USE23-0042
Page 6
Attachment 3: Proposed Elevations
USE23-0042
C ITY OF A TASCADERO
COMMUNITY DEVELOPMENT
Administrative Hearing Agenda Report ITEM # 2
FROM: Sam Mountain, Assistant Planner MEETING DATE: 7/26/23
FILE NUMBER: USE23-0052
PROJECT ADDRESS: 6435 Morro Road
SITUATION:
The applicant, Signcraft, is proposing three (3) new sets of acrylic wall signs on building
frontages for the upcoming Chipotle Restaurant in the CT (Commercial Tourism) zoning
district, as well the installation of Chipotle branding on a monument sign and freeway-
facing pylon sign. The total square footage of the proposed wall signs is 114 square feet,
the square footage of the monument sign is 33 square feet, and the square footage of the
freeway-facing sign is 64 square feet. In total, the aggregate sign area is 211 square feet,
exceeding code allowance of 150 square feet by 61 square feet.
EVALUATION:
The signs are for the upcoming Chipotle Restaurant at 6435 Morro Road and will replace
the previous tenant’s signs. The building is located roughly 500 feet south-southwest of
Highway 101. The proposal includes one sign on the north, south, and west facades, a
monument sign on the western end of the property, and a freeway-facing pylon sign, as
detailed below.
The proposed wall signs are acrylic logos adorned with the Chipotle pepper logo and
name, the former backed by “adobe brown” paint and the latter backed by “roasted red”
paint. The signs will be illuminated by white LEDs along the lettering and logo; the pa inted
backgrounds will not be illuminated. The signs are located above the business entrance
facing the south parking lot, the patio entrance on the western frontage , and on the
western end of the north elevation above the drive -thru windows.
The monument sign is already installed from the previous tenant and located inside of a
landscaped area along Morro Road, near the proposed patio area. The applicant
proposes to repaint the base of the sign and replace the existing logo with that of Chipotle.
It will be illuminated by 6 ft tube lights located inside of the sign.
The freeway-facing pylon sign will remain shared with the gas station adjacent to the
subject property. The pylon sign is located on the gas station property and faces
northwest/southeast; it is visible to drivers heading southbound on Highway 101. The
applicant proposes to reface the right half of the sign, replacing existing 76 advertising
with that of Chipotle. It will not be illuminated.
Atascadero Municipal Code Section 9-15.007 limits total aggregate sign area to 150 SF
in the Commercial Tourism (CT) zone unless an exception is granted through the
approval of an Administrative Use Permit. The following five (5) signs are proposed:
Page 2
Sign Location
Size
(Square
Feet)
Image
Wall Sign
N1
Facing
Morro
Road
38 SF
Wall Sign
N2
Facing
south
parking
lot
38 SF
Wall Sign
N3
Facing
drive-thru
38 SF
Monument
Sign R1
Facing
N/S
Morro
Road
33 SF
Freeway
Sign R2
Facing
NW /SE
towards
Hwy 101
64 SF
Total 211 SF
The signs will help identify and promote this business and increase visibility from Highway
101 and Morro Road. The signs as proposed are proportional to building elevations in
both size and quantity.
Page 3
RECOMMENDATION:
Staff recommends the Administrative Hearing Officer approve USE23-0052 to allow the
signage as proposed.
ENVIRONMENTAL DETERMINATION
☒ Categorical Exemption CEQA – Guidelines Section 15311 and 15311(g)
☐ 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 Atascadero Municipal Code. 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 along the Morro Road commercial node.
Section 9-15.002(c) intends to “implement quality sign design standards that are
consistent with the City’s General Plan, Zoning Ordinance and Appearance Review
Guidelines;” The signage is well-designed, aesthetically-pleasing, and will improve a
building façade on a commercial corridor. 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 is limited to what is necessary for
communication and visual balance, and does not create additional visual clutter .
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 facades visible to
travelers on Morro Road and only one wall sign per building façade is proposed as
required by code. The freeway-facing sign is a simple refacing of existing signage and is
intended to draw in customers from Highway 101. The monument sign, while perhaps
superfluous, is also a refacing and repainting of an existing sign.
2. The opportunity to combine signs for more than one (1) use on a single sign
structure has been considered;
The proposed wall signs are limited to one per building frontage and are considered
appropriate by staff in order to communicate the tenant’s location and services to potential
customers. Chipotle will be the only building ten ant; thus, there is no opportunity to
combine uses on the wall signs or monument sign. The freeway-facing sign is shared with
the adjacent 76 gas station and advertises both businesses’ services.
Page 4
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 freeway-oriented sign is existing and will simply be refaced as part of this project; the
applicant is not proposing any additional freeway-oriented signage. The existing freeway-
oriented sign is, if anything, slightly too short – trees along the southbound entrance off
of Morro Road currently cover much of the sign when viewed from Highway 101. It is
visible through gaps in the trees, but would be entirely screened from view if it was any
shorter, and difficult to see if reduced in area.
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 notes that projects should
“[e]nhance the rural character and appearance of the City, including commercial corridors,
gateways and public facilities.” The proposed signage helps promote the Morro Road
commercial corridor by providing commercial signage to identify a major tenant on a
newly-revitalized property near Highway 101. General Plan Policy 13.3 urges the City to
“[e]xpand tourist commercial nodes to serve the traveling public at freeway interchanges
and develop tourist destinations based on the Atascadero's rural character.” While it is
not a tourist destination, Chipotle is a draw for Highway 101 commuters, and the freeway
sign in particular will draw the business of those who may otherwise drive past the City.
The proposed signage also conforms substantially with the City’s Appearance Review
Manual. Guideline 5C notes that “the colors, materials, and lighting of every sign shall be
restrained and harmonious with the building and site to which it principally relates,” and
Guideline 5D elaborates: “the number of graphic elements…on a sign shall be held to the
minimum needed to convey the sign’s major message and shall be composed in
proportion to the area of the sign face.” The proposed s igns are minimalist in nature,
consisting of “CHIPOTLE” in an unornamented sans-serif font and the company’s logo,
and the area of the sign is limited to the minimum needed to fit these elements. Moreover,
components of the design of these signs are reflected in architectural elements of the
building; for example, the “roasted red” color used for the sign background is also used
for the vertical slats visible in the elevations containing signs N1 and N2.
Conditions
1. The design and location of the signs shall be consistent with the following
attachments.
Code Requirements
1. AMC 9-15 (Sign Ordinance)
2. AMC 9-1.112 Administrative Use Permit
Page 5
Attachments
Attachment 1 - Location Map
Attachment 2 - Zoning Map
Attachment 3 - Proposed Elevations
Action:
Approve
Approve as modified
Deny
Continue to: _______________ to allow _________________________________
____________________________________________________________________
Continue indefinitely to allow: __________________________________________
_____________________________________________________________________
_____________________________________________________________________
___________________________________
Phil Dunsmore, Hearing Officer
Attachment 1: Location Map
USE23-0052
N3
N2
N1
R1
R2
Attachment 2: Zoning Map
USE23-0052
CT
CP
CR
RMF-24
RMF-10
CR
West Elevation Sign N1
South Elevation Sign N2
Attachment 3: Proposed Elevations
USE23-0052
North Elevation Sign N3
Dimensions Sign R1
Dimensions Sign R2