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HomeMy WebLinkAboutResolution 2005-005 RESOLUTION NO. 2005-005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING TREE REMOVAL PERMIT 2004-0054 TO ALLOW THE REMOVAL OF EIGHT NATIVE OAK TREES LOCATED AT 4110 TRAFFIC WAY. (Fkiaras) WHEREAS, an application for a Tree Removal Permit has been received from, Marilyn Fkiaras, (5304 Elmhurst Street, Ventura, CA 93003), Applicant and Property Owner, to consider a request to remove eight native trees located at 4110 Traffic Way; and, WHEREAS, the proposed project is located within the Single Family Residential -X (SFR-X) land use designation of the City of Atascadero's General Plan Land Use Diagram; and, WHEREAS, the proposed project is located in the Residential Single Family -X (RESF-X) zoning district; and, WHEREAS; the Planning Commission reviewed and approved the proposed Tree Removal application on August 17, 2004 after considering testimony and reports from staff, the applicant, and the public; and, WHEREAS; an appeal of the Planning Commission's decision was received from Commissioner Beraud; and, WHEREAS; the City Council heard the appeal of the proposed Tree Removal application on September 28, 2004 and considered testimony and reports from staff; and, WHEREAS; the City Council heard the appeal of the proposed Tree Removal application on January 25, 2005 and considered testimony and reports from staff, the applicants, and the public; and, NOW, THEREFORE, the City Council of the City of Atascadero takes the following actions: SECTION 1. Findings for Approval of Tree Removal Permit. The City Council finds as follows: The trees are obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from the Site Planner and determined by the Community Development Department based on the following factors: City of Atascadero Resolution No.2005-005 Page 2 of 4 • Early consultation with the City; • Consideration of practical design alternatives; • Provision of cost comparisons (from applicant) for practical design alternatives; • If saving tree eliminates all reasonable uses of the property; or • If saving the tree requires the removal of more desirable trees; and, SECTION 2.Approval. The City Council of the City of Atascadero, in a regular session assembled on January 25, 2005, resolved to approve Tree Removal Permit 2004- 0054 subject to the following Conditions and Exhibits: Exhibit A: Conditions of Approval Exhibit B: Tree Protection Plan On motion by Council Member Clay and seconded by Mayor Scalise, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: Council Members Clay, O'Malley, and Mayor Scalise NOES: Council Members Luna and Pacas ABSTAIN: None ABSENT: None ADOPTED: January 25, 2005 CITY OF ATASC ERO By: Wen Scalis&1ayor ATTEST: Marcia McClure Torgerson, C.M. City Clerk APPROVED AST RM: Perri L. ,City Attorney City of Atascadero Resolution No.2005-005 Page 3 of 4 Exhibit A:Conditions of Approval Tree Removal-TRP 2004.0054 Conditions of Approval Timing Responsibility Mitigation TRP 2004-0054 /Monitoring Measure PR Norno PannaM PS:Planning Services BL:Business license BS:Building Services BP:Building Pernik FD:Fre Department TO:Temporary Occupancy PD:Police Department F0:Final Occupancy CE:Ciy Engineer WW:Wastewater CA City Attorney Planning Services 1. The applicant shall pay$1,658.33 into the tree fund as PR PS mitigation for the tree removal or plant 33 5-gallon Live Oak trees,or 15-gallon equivalent. 2. Tree#21,as shown in Exhibit B,shall be preserved and BP/FO PS/Arborist maintained in good health during and after construction of residence. 3. Replacement trees shall be monitored for a 1-year FO PS period and maintained as specified by a certified arborist to insure the trees become established. 4. The property owner shall improve Separado Avenue FO CEPS from furthest property line to San Jacinto Avenue with a 16'-0"wide asphalt overlay(2 inch overlay with leveling course).Paving shall be completed prior to final. 5. Tree located on Separado Avenue near San Jacinto FO CEPS Avenue shall be preserved. Evergreen Native Trees(inches) Deciduous Native Trees(inches) Totals dbh notes dbh notes 1 39-inches 1 21-inches 2 23-inches 2 3 9-inches 3 4 27-inches 4 5 6-inches 5 6 14-inches 7 39-inches Total 157-inches Total 21-inches 178-inches Mitigation Requirement req'd tree replacements: 26 five gal trees req'd tree replacements: 7 five gal trees 33 five gal trees Tree Fund Tree Fund $ Payment: $ 1,308.33 Payment: 350.00 $ 1,658.33 City of Atascadero Resolution No.2005-005 Page 4 of 4 Exhibit B:Tree Protection Plan-Separado access Tree Removal-TRP 2004-0054 Owyaro � .. Is J' 1 ' ` r 4 'J7' Tree #21