HomeMy WebLinkAboutAUP_2016-11-30_AgendaPacket 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
The City of Atascadero’s Zoning Hearing Officer will hold a public hearing
at 4:00 p.m. or later on Wednesday, Nov. 30, 2016, at City Hall, 6500
Palma Ave., Atascadero, to consider the following:
1. 9700 EL CAMINO REAL. PLN 2016-1617; The applicant proposes a 40-
square-foot sign with projecting logo in the California Meridian office
park, and outdoor amplified music in the courtyard building. This item
was previously heard at the Design Review Committee (DRC) on
November 9, 2016. (Cricket’s) (Katie Banister, Assistant Planner)
PLEASE NOTE: Any court challenge to the actions taken at the public
hearing items 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 $721 and must accompany the appeal
documentation.
t:\~ administrative use permit\agendas\2016\nov. 30, 2016.doc
ITEM NUMBER: ITEM NUMBER: 1
DATE: 11-30-16 CITY OF ATASCADERO
COMMUNITY DEVELOPMENT DEPARTME NT
Administrative Use Hearing Staff Report
FROM: Katie Banister
Assistant Planner, (805) 470-3480
FILE NUMBER: PLN 2016-1617 / DRC 2016-0091 / AUP 2016-0084
PROJECT ADDRESS: 9700 El Camino Real, Suite 104, Atascadero, CA 93422
APN# 056-081-036
SITUATION: The applicant seeks to construct a projecting sign, which does not comply
with the Master Sign Program approved for the California Meridian Financial Center. In
addition, the applicant proposes to provide amplified music in an outdoor courtyard.
STAFF RECOMMENDATION: Staff recommends the Administrative Hearing Officer
approve Administrative Use Permit (AUP) 2016-0084 modifying the Master Sign
Program for the California Meridian to allow a projecting sign, and to allowing an
exception to the Noise Ordinance to permit amplified music.
BACKGROUND: The California Meridian was approved in 2005 as an office building
complex. In compliance with the Atascadero Signage Ordinance (Atascadero Municipal
Code 9-15.004(f)), a Master Sign Program was adopted as part of the Master Plan of
Development. The first phase of the project was the 11,000 square-foot office building
at 9700 El Camino Real. The building is “L” shaped with a central outdoor courtyard
with attractive landscaping and patio tables.
The applicant recently opened Cricket’s, a casual restaurant and coffee bar, on the
ground floor in the tenant space formerly occupied by McGee’s Café. Cricket’s is
currently open for breakfast and lunch with plans to offer dinner several evenings each
week and occasional live music performances in the future.
The Design Review Committee reviewed the project on November 9, 2016, and
recommended the Administrative Hearing Officer approve the AUP with additional
conditions.
EVALUATION:
Signs. The Master Sign Program approved by Conditional Use Permit (CUP) 2004-
0137 allows each tenant an unlighted, 4.5-foot wide and 1.5-foot tall (6.75 square-foot)
wall sign above their respective entrance. In contrast, the Atascadero Municipal Code
(AMC) is more permissive. In multi-tenant centers, it allows wall signs up to one square
foot per lineal foot of business frontage, with a maximum size of 20 square feet. In this
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case, a sign 20 square feet in size would be permitted as the business is approximately
30 feet wide. The Municipal Code also allows projecting signs up to 15 square feet in
size.
California Meridian and Neighboring Properties
The applicant proposes to construct a sign approximately 30 square feet in size. The
sign would feature the name of the business and the company’s logo, which the
applicant describes as a cross between Jessica Rabbit and Jiminy Cricket. The sign
will be cut from 1/8 inch thick mild steel and back-lit with LED lighting. The applicant
Post
Office
Chevron
Service
Station
Vacant
Lot
Atascadero Senior
Apartments
Condos
Atascadero
Village
Apartments
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has provided a sketch of two different sign orientation options, but intends to install only
one. The first option is preferred by the applicant and would run vertically down the
column to the left of the restaurant’s door. The logo would project out from the building
about 3 feet. The second option is for a horizontally oriented sign over the entrance
without the projecting logo.
Proposed Sign Options
Staff has recommended the horizontal sign may offer greater visibility for the business.
The building sits about 5 feet above street level , and is set back about 60 feet from El
Camino Real. Landscaping between the street and the parking lot also blocks the view
of the business. The vertical sign is preferred by the applicant. It is more distinctive
and makes use of the wide column at the corner of the building. The projecting logo is
about 9 square feet in size and will be legible from El Camino Real.
Limitations of the sign standards may be modified through approval of an Administrative
Use Permit (AUP) based on criteria found in AMC 9-15.006: signs should be combined
Not drawn to scale
Side view Front view
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when possible, signs must comply with all other City codes and policies, and the sign
must meet the purpose of the Sign Ordinance, which is to:
Maintain and improve the aesthetic environment of the community and to foster
the City’s ability to attract sources of economic development and growth,
Encourage the effective use of signs as a means of communication in the City
and reduce possible traffic and safety hazards,
Implement quality sign design,
Enable fair and consistent enforcement of these sign regulations,
Minimize possible adverse impacts of signs on private and public property in
order to maintain property values and to maintain a positive City image,
Enhance traffic safety by ensuring that signage does not distract, obstruct or
otherwise impede traffic circulation, and
Permit noncommercial signage wherever other signage is permitted.
The proposed sign is a distinctive and clear form of communicating with customers. It is
designed with quality materials. The sign is set back from the street and will not detract
from traffic safety. The sign identifies the specific location of the restaurant and is not a
separate free-standing sign in the center. The sign is larger than would be permitted by
the Municipal Code, but is not out of scale with the architectural feature on which it will
be installed.
Proposed location for and approximate size of vertical sign
At their November 9, 2016 meeting, the Design Review Committee endorsed the sign
design with vertical orientation. Staff has included conditions to limit the sign to a
maximum of 40 square feet in size. On DRC recommendation, another condition would
prohibit flashing illumination. The DRC also recommended the sign be allowed to
project higher than the column it will be installed upon, but the height should have a
balanced appearance.
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Amplified Sound. Atascadero Municipal Code 9-14.13 requires the approval of an
AUP for the use of sound amplifying equipment. The standard AUP limits amplified
music to the hours between 8:00 am and 7:00 pm on weekdays, 9:00 am and 6:00 pm
on Saturdays, and 10:00 am and 4 :00 pm on Sundays. The Noise Ordinance provides
for a “Noise Compliance Official,” who is defined as the Community Department Director
or an authorized deputy (AMC 9-14.02). The Administrative Hearing Officer, acting as
the Noise Compliance Officer may approve an exception to the provisions of the Noise
Ordinance if the “exception will not result in a hazardous condition or a nuisance and
strict compliance would be unreasonable in view of all circumstances” (AMC 9-14.11).
The AUP can limit the amplified sound by location, intensity, and hours of operation.
The subject site is located between El Camino Real and East Front Road, which is
adjacent to Highway 101. Nearby businesses include the post office to the south, and a
Chevron service station and a vacant lot to the north. Residences are located about
200 feet away across El Camino Real to the east. There are also residences on the
west side of Highway 101.
The courtyard is enclosed by the building on the north and east sides and by
landscaping on the south and west sides. About one half of the courtyard is a sunken
area that will help to contain noise drifting off site. Landscaped sides face the post
office, which is closed in the evenings, and East Front Road/Highway 101. Residences
on the west side of Highway 101 are unlikely to be affected by amplified music from
across the highway. The residences on El Camino Real are largely screened from the
courtyard by the building.
The applicant has received a license to sell alcohol from the California Department of
Alcoholic Beverage Control (ABC) that requires alcohol sales to end at 10:00 pm. Staff
has included conditions to end music amplification also at 10:00 pm, and to locate and
direct speakers in such a way to minimize the noise level received at affected
residences.
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Images of the outdoor courtyard
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;
Page 7
Staff comment: The General Plan designation for the site is General Commercial.
The tourist commercial zoning district “provides for uses that serve the traveling
public” including restaurants. The Noise Element identifies noise sensitive uses,
which includes residential development and offices. The applicant intends to
provide amplified music generally in the evenings when offices in the building are
unlikely to be occupied. Goals of the Noise Element include protecting citizens
“from the harmful and annoying effects of exposure to excessive noise,”
“preserving the tranquility of residential areas by preventing encroachment of
noise-producing uses,” and avoiding or reducing “noise impacts through site
planning and project design.” Nearby residences are close to one of the most
significant noise sources in Atascadero: roadways. As conditioned, the project
will use site design to minimize the impact on noise sensitive uses.
(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 located between the two busiest roadways in
Atascadero: Highway 101 and El Camino Real. The courtyard is situated in a
way that will screen noise sensitive uses from the amplified music. The
immediate neighborhood is commercial and multi-family residential. The
proposed sign is not out of proportion with the building or other signs in the area.
(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: Modification of the standards does not result in a project out of
compliance with 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 restaurant is an allowed use in the Commercial Tourist zoning
district.
(5) Any other findings deemed necessary.
Staff comment: No other findings are deemed necessary.
Environmental Determination
Section 15301 of the California Environmental Quality Act (CEQA) categorically
exempts the operation and permitting of existing private structures involving negligible
expansion. Section 15311 of the California Environmental Quality Act (CEQA)
categorically exempts new construction of accessory structures including on-premise
signs.
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Conditions
1. A single wall sign consistent with the design in attachment 2 shall be permitted
for Suite 104, not to exceed 40 square feet in size.
2. Projecting portions of the wall sign shall not extend more than 3 feet horizontally
from the building.
3. The sign may extend higher than the column on which it is installed. The
applicant shall work with Planning Services Staff to design the sign so that its
height is balanced with the architectural features of the building.
4. When illuminated, the sign shall use constant lighting (i.e. no flashing lights).
5. The applicant shall apply for and be issued a building permit for the sign before it
is installed.
6. Amplified music shall be limited to b etween the hours of 8:00 am and 10:00 pm
on weekdays, 9:00 am and 10:00 pm on Saturdays, and 10:00 am and 10:00 pm
on Sundays.
7. Equipment to amplify music including speakers shall be placed and directed in
such a way to minimize the noise level at nearby residences.
8. Amplified music shall not be unreasonably loud, raucous, jarring, disturbing or a
nuisance as defined by the Atascadero Municipal Code.
Code Requirements
1. AMC 9-14.13 Amplified Sound.
2. AMC 9-15.004 Sign design standards.
3. AMC 9-15.005 Allowed Signs.
4. AMC 9-15.006 Exceptions to sign standards.
5. AMC 9-1.112 Administrative Use Permit.
Action:
Approve
Approve as conditioned
Deny
Continue to: _______________ to allow _________________________________
____________________________________________________________________
Continue indefinitely to allow: __________________________________________
_____________________________________________________________________
_____________________________________________________________________
___________________________________
Phil Dunsmore, Hearing Officer Date
ATTACHMENTS:
Attachment 1: Location and Zoning
Attachment 2: Proposed Sign
Attachment 3: Wall sign permitted by the Master Sign Program
(CUP 2004-0137)
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ATTACHMENT 1: Location and Zoning
PLN 2016-1617 / DRC 2016-0091 / AUP 2016-0084
P
RSF-Y
RSF-Z
RSF-Y
RMF-10
CT
CT
RMF-20
CR
CS
CN
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ATTACHMENT 2: Proposed Sign
PLN 2016-1617 / DRC 2016-0091 / AUP 2016-0084
Not drawn to scale
Side view Front view
Page 11
ATTACHMENT 3: Wall sign permitted by the master sign program (CUP 2004-0137)
PLN 2016-1617 / DRC 2016-0091 / AUP 2016-0084