HomeMy WebLinkAbout206.8.03_USE26-0040_NOACITY OF ATASCADERO
ADMINISTRATIVE HEARING
NOTICE OF ACTION
TO: Phil Dunsmore, Administrative Hearing Officer
FROM: Kelly Gleason, Planning Manager
PREPARED BY: Emma Jantos, Planning Intern
SUBJECT: USE26-0040 The Colony Sandwich Co. Non-Commercial Mural
RECOMMENDATION:
The Administrative Hearing Officer approve USE26-0040 to allow a non-commercial mural at
6040 El Camino Real Ave (APN 030-191-001), based on findings and subject to conditions of
approval.
DISCUSSION:
PROJECT SUMMARY
The Atascadero Municipal Code allows non-commercial murals in all zoning districts subject to
an Administrative Use Permit to review the size, location, and placement to ensure that the
message is non-commercial in nature and does not create any safety issues related to distractive
or reflective elements. The applicant, Equality Mural Project, proposes a 59’x 16’ mural facing
Highway 101 that is visible from the Traffic Way exit and the parking lot behind Colony Sandwich
Company. An artist’s rendering of the proposed mural is included in Attachment 3.
ANALYSIS
The proposed art mural will cover the southwest building façade of Colony Sandwich Company
facing Highway 101. In 2017 the City approved an Equality Project mural in the same location
under PLN2017-1659. The size and location have not changed from the previously approved
mural and will not pose any safety hazards due to the new mural design. The artists’ statement
and a depiction of the mural is included in Attachment 3. Based on the submitted application
materials, the proposed artwork does not depict a commercial message or advertisement for a
business.
FINDINGS:
1. FINDING: Modification of the applicable standard will not result in a project that is
inconsistent with the General Plan;
FACT: There are no conflicts with the policies set forth in the City’s General Plan. Land
Use, Open Space and Conservation (LOC) Goal #4.2 is to “enhance the appearance of the
downtown area and improve pedestrian circulation.” Adding public art contributes to
achieving this goal by providing a distinct feature that is not seen outside of the
Downtown, encouraging pedestrians to visit and develops a sense of place.
Item: 2
Department: Community
Development
Date: 08/03/26
Docusign Envelope ID: 97CB0B77-9128-8A5B-80D6-E0F64536741A
08/03/2026 | Item 2 | Notice of Action
2. FINDING: 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;
FACT: The project is not commercial in nature and does not conflict with the character of
the immediate neighborhood. A mural has previously existed in this location. The mural
will enhance building quality in the DC zoning district. The proposed mural will face the
Traffic Way exit on US Highway 101 and will act as a gateway entrance for those exiting
to visit Downtown Atascadero.
3. FINDING: 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;
FACT: The mural will not conflict with City policies or criteria adopted by ordinance or
resolution. The City allows non-commercial art murals in all zoning districts subject to the
approval of an Administrative Use Permit.
4. FINDING: Modification of the applicable standard will not result in the authorization of a
use not otherwise allowed;
FACT: No new or modified uses are proposed.
5. FINDING: The proposed art display is non-commercial in nature; and
FACT: The artwork does not display a commercial message.
6. FINDING: The size, location, and/or medium used will not pose any safety risks to drivers.
FACT: The proposed mural faces the Traffic Way off-ramp from Highway 101 Northbound
and will be seen by traffic heading into downtown. No reflective media or otherwise
distracting elements are proposed. The size and location do not pose a safety risk to
drivers.
ENVIRONMENTAL DETERMINATION:
The project qualifies for a Class 11 exemption (Categorically Exempt) 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.) Section 15311,
because it meets all required conditions to be considered an accessory structure.
CONCLUSION:
The request to allow the installation of a 99SF painted mural meets the intent of the code and
all applicable City standards. The mural is noncommercial nature and does not contain
distracting elements.
Docusign Envelope ID: 97CB0B77-9128-8A5B-80D6-E0F64536741A
08/03/2026 | Item 2 | Notice of Action
CONDITIONS:
1. The approval of Administrative Use Permit USE26-0040 allows the installation of a 994 SF
non-commercial mural on a parking lot-facing façade of an existing building at 6040 El
Camino Real Ave (APN 030-191-001), as depicted and described on the attached exhibits.
The approval of this entitlement runs with the land, regardless of the owner.
2. The approval of this entitlement shall become final and effective for the purposes of
issuing building permits fourteen (14) days after the Administrative Hearing Officer’s
action unless an appeal is made in accordance with the Atascadero Municipal Code.
3. If the mural is defaced, or vandalized, the property owner will repair or repaint the wall
as needed.
4. Before changing the mural, the applicant or property owner must submit a sketch or
photo of the proposed art to staff so they can verify the message is non-commercial. This
must be submitted at least five (5) working days before any changes begin.
5. Approval of this entitlement shall be valid for twenty-four (24) months after its effective
date. At the end of the period, the approval shall expire and become null and void unless
the signs have been installed, or the project has received a time extension consistent with
the Atascadero Municipal Code.
6. 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 this Administrative Use Permit.
7. The Community Development Department shall have the authority to approve minor
changes to the project that result in a superior site design or appearance.
CODE REQUIREMENTS:
1. AMC 9-1.112 Administrative Use Permit
2. General Plan Land Use, Open Space and Conservation Element Goal LOC 4
ACTION:
☐ APPROVE ☐ APPROVE AS MODIFIED ☐ DENY
☐ CONTINUE TO ALLOW _________________________________________________________
SIGNED: _____________
Phil Dunsmore, Administrative Hearing Officer Date
ATTACHMENTS:
1. Location Map
2. Mural Location
3. Proposed Mural Concept and Artist Statement
Docusign Envelope ID: 97CB0B77-9128-8A5B-80D6-E0F64536741A
8/5/2026
X
08/03/2026 | Item 2 | Notice of Action
Attachment 1: Location Map
USE26-0040
Proposed Art Mural
Location
Docusign Envelope ID: 97CB0B77-9128-8A5B-80D6-E0F64536741A
08/03/2026 | Item 2 | Notice of Action
Attachment 2: Mural Location
USE26-0040
Docusign Envelope ID: 97CB0B77-9128-8A5B-80D6-E0F64536741A
08/03/2026 | Item 2 | Staff Report
Artist Statement:
As an artist, I feel an intrinsic responsibility to use my platform to highlight and uplift marginalized
communities. I believe that I can use color and portraiture to create a space for discourse around
what it means to belong to a community. My work also aims to increase a sense of belonging and
connectedness for folks that might not otherwise feel that way. It is through this approach that I
believe bridges can be built. Art is a critical component in pushing for a positive community
change and I know that I will continue to pursue spaces that allow me to show others how
beautiful each one of us is. Being a Latino artist fans my flame to pursue this positive movement
through art, because it impacts my family and I as well. If we can all feel connected and like we
belong, then I believe we will see a community that begins to shift and move in all the right ways.
Together.
- Neo Medina
Attachment 3: Proposed Mural Concept and Artist Statement
USE26-0040
Docusign Envelope ID: 97CB0B77-9128-8A5B-80D6-E0F64536741A