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Home My WebLink AboutAUP_2017-09-05_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 Tuesday, September 5, 2017, at City Hall, 6500 Palma Ave., Atascadero, to consider the following: 1. 6040 EL CAMINO REAL, PLN 2017-1659; The applicant proposes to apply a 944 square foot (sf) (59-feet by 16-feet) wall mural on an existing building wall facing Highway 101 at Traffic Way. The project is categorically exempted from CEQA as a Class 1 Exemption. Staff recommendation is for the Hearing Officer to approve the AUP. (Z3 Properties-Mike Zappas) (Alfredo Castillo, 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 $739 and must accompany the appeal documentation. t:\~ administrative use permit\agendas\2017\sept 5, 2017.doc C ITY OF A TASCADERO COMMUNITY DEVELOPEMENT Administrative Hearing Agenda Report ITEM # 1 FROM: Alfredo R. Castillo, AICP MEETING DATE: September 5, 2017 FILE NUMBER: PLN 2017-1659 PROJECT ADDRESS: 6040 El Camino Real SITUATION: The applicant is proposing an art mural sized 59’ x 16’ at 6040 El Camino Real. Currently the property is unoccupied and is for lease. The proposed art mural will be facing Highway 101 and visible from the Traffic Way exit. The Atascadero Municipal Code allows non-commercial messages that are painted on walls or facades, subject to an Administrative Use Permit (AUP fee is exempt). The applicant is currently soliciting mural concepts and will select an artist. The concept will be women’s equalit y based on Atascadero’s initial history and its founding in parallel with E.G. Lewis’ American Women’s Republic organization. EVALUATION: City policy allows art and murals in all zoning districts with approval of an AUP to ensure that the message is non-commercial in nature and does not create any safety issues related to distractions or reflective elements. The proposed art mural will cover the rear building façade facing Highway 101. The City has approved a similar size wall mural located along Traffic Way. The size and location will not pose any safety hazards in terms of distraction to drivers. The proposed artwork will not depict a commercial message or advertisement for a business and therefore meets the criteria for AUP approval. RECOMMENDATION: Staff recommends the Administrative Hearing Officer approve PLN 2017 -1659 allowing an art mural at the above address, consistent with the attached exhibits. 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 ha ve no expansion of the existing use. This exemption is included in Attachment 2. 1 Page 2 Findings 1. Modification of the applicable standard will not result in a project that is inconsistent with the General Plan; Art murals are governed by City policy; therefore, no modifications to zoning ordinance standards are being requested. 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 contrary to its orderly development; Art murals are governed by City policy; therefore, no modifications to zoning ordinance standards are being requested. The property requesting to display the art mural is located in Downtown. The proposed mural will face the Traffic Way exit on US Highway 101 and will act as a gateway entrance for those existing to visit Downtown Atascadero. 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; Art murals are governed by City policy. The proposed mural is consistent with that policy. 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 faces the Traffic Way off-ramp from Highway 101 Northbound. No reflective media are proposed. The size and location do not pose a safety risk to drivers. Conditions 1. If the mural is defaced, or vandalized, the property owner will repair or repaint the wall as needed. 2. Prior to changing of the mural, the applicant or property owner shall provide staff with a sketch or photo of proposed art to ensure a non-commercial message within a minimum of five (5) working days. 2 Page 3 Code Requirements 1. AMC 9-1.112 Administrative Use Permit 2. City art and mural policy Action:  Approve  Approve as modified  Deny  Continue to: _______________ to allow _________________________________ ____________________________________________________________________  Continue indefinitely to allow: __________________________________________ _____________________________________________________________________ _____________________________________________________________________ ___________________________________ Hearing Officer ATTACHMENTS: Attachment 1: Location Map Attachment 2: Proposed Sign Attachment 3: Intent Letter Attachment 4: CEQA Exemption 3 Page 4 Attachment 1: Location Map PLN 2017-1659 Proposed Art Mural Location 4 Page 5 Attachment 2: Proposed Mural PLN 2017-1659 5 Page 6 Attachment 3: Letter of Intent PLN 2017-1659 6 Page 7 Attachment 4: CEQA Exemption PLN 2017-1659 CITY OF ATASCADERO NOTICE OF EXEMPTION 6500 Palma Avenue Atascadero, CA 93422 805.461.5000 TO: File Date Received August 17, 2017 FROM: Alfredo Castillo, AICP Associate Planner City of Atascadero Community Development Department 6500 Palma Avenue Atascadero, CA 93422 SUBJECT: Filing of Notice of Exemption in Compliance with Section 15062, 21152, and 21152.1 of the Public Resources Code Project Title: PLN 2017-1646 Project Applicant: Zoe Zappas Z Villages, LLC 8189 San Dimas Lane Atascadero, CA 93422 Project Location: 6040 El Camino Real Atascadero, CA 93422 Project Description: Administrative Use Permit for art murals Name of Public Agency Approving Project: City of Atascadero Name of Person or Agency Carrying Out Project: Zoe Zappas Exempt Status: Ministerial (Sec. 15073) Emergency Project (Sec. 1507 (b) and (c)) Declared Emergency (Sec. 15061 (a)) General Rule Exemption (Sec. 15061.c) Categorically Exempt (Sec. 15301-15333) Statutory Exemption (Sec. 15260-15285) Reasons why project is exempt: Section 15301 of the California Environmental Quality Act (CEQA) because the proposed project includes the minor alteration of an existing structure that will have no expansion of the existing use. The minor alteration is painting of a wall mural on an existing Wall. Lead Agency Contact Person: Alfredo Castillo, AICP, Associate Planner Date Exemption Accepted: August 17, 2017 ________________________________ Alfredo Castillo, AICP Associate Planner 7