Loading...
HomeMy WebLinkAboutPC Minutes 04-01-03CITY OF ATASCADERO PLANNING COMMISSION MINUTES Regular Meeting April 1, 2003 — 7:00 P.M. CALL TO ORDER Chairperson Fonzi called the meeting to order at 7:03 p.m. and Commissioner Porter led the Pledge of Allegiance. ROLL CALL Present: Commissioners Bentz, Beraud, O'Keefe, Porter, Kelley and Chairperson Fonzi Absent: Commissioner Jones Staff: Community Development Director Warren Frace, Associate Planner Glenn Rider, Planning Services Manager Steve McHarris, Assistant Planner Kelly Davis and Recording Secretary Grace Pucci. PUBLIC COMMENT None CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON MARCH 18, 2003. MOTION: By Commissioner Bentz and seconded by Vice Chairperson Kelley to approve the Consent Calendar. AYES: Commissioners Bentz, Beraud, Porter, O'Keefe, Kelley and Chairperson Fonzi NOES: None ABSTAIN: None Motion passed 6:0 by a roll -call vote. COMMUNITY DEVELOPMENT STAFF REPORTS 2. TREE REMOVAL PERMIT (TRP) #2003-0031: 4605 OBISPO RD. Request to remove two (2) native OAK trees located at 4605 Obispo Rd. (APN 049-111-023) Staff Recommends: The Planning Commission adopt Resolution PC 2003-0041 to approve the request to remove two native oak trees subject to the guidelines and mitigation required by the Atascadero Native Tree Ordinance. Assistant Planner Kelly Davis provided the staff report and answered questions of the Commission. PUBLIC COMMENT — None MOTION: By Vice Chairperson Kelley and seconded by Commissioner Porter to adopt Resolution PC 2003-0041 to approve the request to remove two native oak trees subject to the guidelines and mitigation required by the Atascadero Native Tree Ordinance. AYES: Commissioners Porter, O'Keefe, Beraud, Bentz, Kelley and Chairperson Fonzi NOES: None ABSTAIN: None Motion passed 6:0 by a roll -call vote. 3. TREE REMOVAL PERMIT (TRP) #2003-0028: 7128 VALLE AVE. Request to remove one (1) native oak tree over 24 -inches dbh at 7128 Valle Ave. Staff Recommends: The Planning Commission adopt Resolution PC 2003-0042 to approve the request to remove one native oak tree subject to the guidelines and mitigation required by the Atascadero Native Tree Ordinance. Assistant Planner Kelly Davis provided the staff report and answered questions of the Commission. Commissioner O'Keefe stated that she could not locate the site for this tree removal and subsequently was unable to view the tree in question. She suggested that it would be helpful on sites where there is poor visibility to mark the site and tag the tree to be removed. PUBLIC COMMENT Ursula Luna, resident of Atascadero, reminded the Commission that they are conducting public business and for this reason there is the posting/notification of the site and tagging of trees for removal in the guidelines of the Tree Ordinance. It is important that the public as well as the Commission be able to locate trees to be removed. Chairperson Fonzi closed the Public Comment period. MOTION: By Vice Chairperson Kelley and seconded by Commissioner Bentz to adopt Resolution PC 2003-0042 to approve the request to remove one native oak tree subject to the guidelines and mitigation required by the Atascadero Native Tree Ordinance. AYES: Commissioners Bentz, Porter, Beraud, Kelley and Chairperson Fonzi NOES: Commissioner O'Keefe ABSTAIN: None Motion passed 5:1 by a roll -call vote. COMMISSIONER COMMENTS & REPORTS 4. DISCUSSION OF THE ATASCADERO NATIVE TREE ORDINANCE Community Development Director Warren Frace provided the staff report and answered questions of the Commission. Commissioner Beraud read a prepared statement regarding the City's Native Tree Ordinance into the record. (Attachment A) Vice Chairperson Kelley stated that he hoped the Commission could reach some consensus regarding the Tree Ordinance. He would like to see an ordinance that will protect all the trees in town, is realistic, that everyone can work with, and if violated that there are penalties incurred. He indicated that he has never come across anyone in Atascadero that wants to kill a tree; rather it happens by accident. Commissioner Bentz indicated he knows that arborists are professional people and there is no conflict when the individuals they are to monitor hire them. He feels a professional arborist would do nothing to sacrifice their professional standing, that they can be trusted to do a good job and that it is right for the developer to pay for the arborist's report. He would also like to see a set of standards by which everyone would be judged and penalties would be assessed. He is against charging any fee for removal of a dead tree unless that tree was killed on purpose and it can be proved that the property owner was responsible. Commissioner O'Keefe clarified the difference between Certified Arborists and a subset of arborists who are Consulting Arborists. Consulting Arborists are qualified to do tree protection plans. She feels that Consulting Arborists should be used for preparation of all tree reports. Commissioner Porter felt that arborists hired by the developer would act in a professional manner because it will ultimately benefit the developer to know in advance what needs to be done. Chairperson Fonzi outlined several areas of concern for her: 1) not all native trees are included on the list, 2) would like a study on the elm trees in the area, 3) does not feel an individual should be charged a fee for the removal of a dead tree, 4) what consequences are in place for those who flaunt the guidelines, and 5) how can the guidelines be enforced. PUBLIC COMMENT Jack Brazeal, Paso Robles, spoke about arborist's reports and how they are initiated. He stated that the objective of the arborist's report is to protect and preserve the natural resources/native oak trees in Atascadero. The problem he sees is the initiation of the requirements of the report and the follow through. He would like to see enforcement of the guidelines. Rick Matthews, 6950 Navarette Avenue, stated that regarding dead trees, the issue is not money, but in certain cases and especially in undeveloped areas, dead trees fall, decompose and feed the forest. Mr. Matthews read from a prepared statement in support of the Native Tree Ordinance. Ursula Luna indicated that she agreed with the previous speaker regarding the replacement of dead trees. She felt there should be a resource person employed by the city to look at all natural resources in Atascadero, i.e. trees, creeks, etc. The problem as she sees it is enforcement of the ordinance. Rolf Messman, Templeton, stated that any changes made to the ordinance should be made clearly and in a straightforward manner. He would like to see the process for tree removal clearly spelled out to make it easier for the applicant to comply. Chairperson Fonzi closed the Public Comment period. Commissioner O'Keefe make the following recommendations regarding the Native Tree Ordinance: 1. Enforcement: not sufficient staff to properly enforce the ordinance. 2. Arborist on staff. would take over enforcement and relive staff of this task. 3. A problem exists with a few developers who give all developers a bad name. 4. Native Tree Guidelines #2.A: There is a problem with fencing in that stakes are placed too far apart and not tied down tightly. It should be spelled out how many ties are required, etc. 5. Native Tree Guidelines #3.A.3: The chart should reflect an equal value. 6. Native Tree Guidelines #3.C: Conservation Easement paragraph is too vague; there should be some evaluation criteria. 7. Would like to see a list of consulting arborist's available from the City to applicants. 8. Warning signs should be posted when trees are to be protected and they should state that the fencing couldn't be removed. 9. It would be helpful to have preprinted forms listing all steps required for a tree protection plan. 10. There should be a pre -construction meeting including the construction superintendent, planning staff, developer and anyone else working on the site who could potentially impact the trees. 11. There should be a bonding requirement when tree roots are impacted 50% or more. 12. Whenever a project is revised planning staff should look at it to determine if a new tree protection plan is needed. 13. The final inspection should include a signoff by the arborist. Mrs. O'Keefe felt there should be some monetary value for removing a dead tree because they do have a value. Commissioner Bentz expressed his feeling that any arborist holding a license should be qualified to do the work. He does not feel it is necessary for the City to provide an arborist and does not support having an arborist on the City staff; however, he feels it may be a good idea to put together a list of qualified arborists. Commissioner Bentz stated that he does not agree with bonding as a tree may get sick from infestation or some disease, and he does not feel there should be a charge for removal of a dead tree. Vice Chairperson Kelley referred to the fencing requirement in the tree ordinance and felt it was a realistic measurement. He felt there shouldn't be a difference in mitigation for a multi -family versus single-family zone. He stressed education and communication as a very important aspect of tree preservation and thought ANTA could perhaps get funds from the mitigation fund and print up flyers and other educational material. Vice Chairperson Kelley stated he was against bonding and penalties for removing dead trees. Chairperson Fonzi reviewed the comments and recommendations that were made at tonight's meeting. COMMISSIONERS COMMENTS & REPORTS Commissioner O'Keefe referred to a subdivision on Coromar, and asked for clarification on the access easement for the flag lots. Director Frace stated that staff have taken a second look at this lot and will contact the applicant to inform him that when the final map is drawn it should be drawn with the rear lot owning in fee to the street. Commissioner O'Keefe spoke about the Russell and Hendrix projects and asked at what point in the project developments was the deed - restricted housing brought up. Mr. Frace explained both projects and the time of notification for deed restriction; he also reviewed the progress on an inclusionary housing ordinance. Commissioner O'Keefe asked about the status of the Shores project on Traffic Way where the fencing has come down. Mr. Frace indicated that he would look into it and report back. Commissioner O'Keefe remarked that when an agendized project is to be continued it would be helpful if the Commission could be told at the beginning of the meeting. Director Frace suggested an item at the beginning of the meeting for approval of the agenda. Vice Chairperson Kelley asked if the issue of guesthouses would be re -addressed. Mr. Frace stated that guesthouses were eliminated in the new General Plan. Council would need to direct staff to re -visit the issue. Chairperson Fonzi asked about the status of the posting issue on Parriza Court. Mr. Frace stated that it has been appealed to Council, a hearing date will most likely be in early May. He indicated staff was looking at a solution of posting hearing items on all sites for any item that needs a public hearing/notification. ADJOURNMENT Chairperson Fonzi adjourned the meeting at 8:27 p.m. to the next regularly scheduled meeting of the Planning Commission on April 15, 2003. MEETING RECORDED AND MINUTES PREPARED BY: Grace Pucci, Recording Secretary The following exhibits are available for review in the Community Development Department: Attachment A — Commissioner Beraud, prepared statement Adopted 4-15-03 \\Cityhall\CDvlpmnt\— PC Minutes\PC Minutes 03\PC Minutes 04-01-03.gp.doc