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HomeMy WebLinkAboutPC Minutes 10-05-04CITY OF ATASCADERO PLANNING COMMISSION MINUTES Regular Meeting October 5, 2004 — 7:00 P.M. CALL TO ORDER Chairperson Kelley called the meeting to order at 7:01 p.m. and Commissioner Peterson led the Pledge of Allegiance. ROLL CALL Present: Commissioners Beraud, Jones, O'Keefe, Peterson and Chairperson Kelley Absent: Commissioners Fonzi and Porter Staff Present: Community Development Director Warren Frace, Deputy Public Works Director Jeff van den Eikhof, Deputy Community Services Director Steve McHarris, Associate Planner Kerry Margason, Assistant Planner Lisa Wilkinson and Recording Secretary Grace Pucci. APPROVAL OF AGENDA MOTION: By Commissioner Peterson and seconded by Commissioner Beraud to approve the agenda. Motion passed 5:0 by a roll -call vote. PUBLIC COMMENT None CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON SEPTEMBER 21, 2004. 2. ACCEPTANCE OF FINAL MAP 2004-0091: 2435 SAN FERNANDO ROAD (TPM 2003-0041). Items Pulled: Commissioner O'Keefe, Item #1. MOTION: By Commissioner O'Keefe and seconded by Commissioner Beraud to approve Item #1. Motion passed 4:1 by a roll -call vote. (Peterson opposed) Item #2: Commissioner O'Keefe stated she pulled this item to vote no because she had previously voted no on the subdivision. MOTION: By Commissioner Peterson and seconded by Commissioner Jones to approve Item #2. Motion passed 3:2 by a roll -call vote. (O'Keefe, Beraud opposed) Commissioner Beraud stated for the record that she voted no because she had previously voted no on the subdivision. COMMUNITY DEVELOPMENT STAFF REPORTS None PUBLIC HEARINGS Orem DIRECTOR'S REPORT 3. NATIVE TREE ORDINANCE REVIEW AND DISCUSSION The Planning Commission will be discussing the Native Tree ordinance Title 9 Chapter 11 and the accompanying guidelines. The item will be limited to review and discussion only. No formal action or amendments to the ordinance will be considered. Chairperson Kelley opened a discussion of the Native Tree Ordinance. He indicated there were different costs for tree mitigation based on zoning, and he would like the Planning Commission to have the discretion in specific cases to adjust the fees. Commissioner Beraud stated she would keep it as it is because it works well and is not biased. Commissioner O'Keefe stated that the cost of mitigation for this valuable resource is not significant when considering how trees are valued for insurance costs and actual costs. Commissioner Peterson stated he would like to see more discretion for staff to make some Tree Ordinance decisions, i.e. when there is only one tree to be removed. Commission Jones indicated he would like to see a calamity provision. He is concerned with the 10% removal discretion and how it is measured. Chairperson Kelley stated that the City is lacking an education program for trees and recommended that mitigation fees be used to print up informational pamphlets for those who come to the Planning Department to apply for a permit. PUBLIC COMMENT Jim Patterson, ISA Certified Arborist, addressed several issues: 1) the definition of the term "hazardous", 2) how dead trees are an integral part of natural woodland habitat, 3) standards used for appraisal of a tree's value, 3) possibility of a mechanism in place to allow staff discretion in tree removals while maintaining consistency, and 4) the importance of having a professionally qualified person on staff to do the ordinance justice. He spoke of the need for consistency in monitoring and the use of a standardized format to provide consistency in reporting. Eric Greening discussed the benefits the community derives from trees, the ecological value of dead trees, the need for a public forum for tree removals and the benefits to taxpayers in the form of mitigations. Rick Mathews indicated the Atascadero Native Tree Association (ANTA) would be willing to work with City staff to put together an educational brochure for the Tree Ordinance. Additionally, he suggested that a tree/natural resource inventory would be a helpful tool as well as having a natural resource specialist available to assist staff. Ann Fletcher stated that the Tree Ordinance and the public hearing process should not be subject to changes that would weaken them. She would like to see the addition of language indicating how trees are marked for removal and stronger language for follow- up on newly planted trees in subdivisions. Cindy Sazer expressed concern that arborists are not monitoring projects adequately and she would not like to see any changes to the ordinance. Tina Salter agreed with the need for more education, for having ANTA be part of it, and for using the tree mitigation fund to provide it. She does not feel it is necessary to give staff more discretion. Steven Alvarez, arborist, made several suggestions: 1) need for identification of trees that encroach on a lot with no trees, 2) procedure for checking off on a permit when an arborist has been to a site, 3) monitoring is very weak and should be built up, 4) training should be offered for developers, back hoe people, etc., 5) encourage a stronger focus on younger trees to rejuvenate forests, 6) standardization of the 10% rule, 7) certification for those who do grading, 8) grandfather clause for those with changes to their zoning, 9) use of a hazard evaluation system/form, 10) better marking of trees for removal, and 11) address issue of landscaping under trees. Chip Tamagni, arborist, spoke about hazardous trees and their removal and suggested determining who is at fault when making the decision on who is to pay for tree removals. He also addressed the problems with monitoring a site and suggested including a sheet with the tree protection plan on which the arborist can sign off. He would like to see developers in multi family areas pass on a copy of the tree protection plan to potential owners, and he spoke in support of better protection for young trees. Geraldine Braser agreed with the need for more education and with using money from the tree mitigation fund for that purpose. She stated that for the ordinance to work monitoring is important and must be done. Chairperson Kelley closed the Public Comment period. Chairperson Kelley spoke in favor of uniformity, education, certification for graders, and grandfathering for zoning changes. Commissioner O'Keefe thanked everyone for coming out and the Atascadero News for noticing the meeting, and stated there is a need for an arborist on staff to assist planners in evaluating, monitoring and enforcing tree protection plans. Commissioner Peterson agreed there should be an arborist on staff and is opposed to having building officials inspect something they know nothing about. Commissioner Beraud made several recommendations including having an arborist or natural resource planner on staff, increasing notification to 300 feet for tree hearings, and that the appeal process can effectively take the place of the Planning Commission having discretion on fees. Commissioner Jones suggested requiring an arborist who is certified by the city, and sees no problem with using tree mitigation funds for education. Community Development Director Warren Frace summed up the workshop as follows: 1. Staff will work the ANTA to come up with better public information. 2. Staff will work to establish consistency on how sites are marked, flagged, fenced, etc., and stated that staff is working on a photographic example/handout for the Commission, applicants, arborists to give them a common colored key to what flagging should look like and what the colors mean. 3. Handout of Living Among the Oaks will be distributed as much as possible, and will be attached to any project with trees. 4. Staff will do some work on these issues and report back on progress in a few months. COMMISSIONER COMMENTS AND REPORTS Community Development Director Frace gave an update on the next agenda, and the Fkiaras Tree Removal Permit appeal. ADJOURNMENT Chairperson Kelley adjourned the meeting at 9:05 p.m. to the next regularly scheduled meeting of the Planning Commission on October 19, 2004. MEETING RECORDED AND MINUTES PREPARED BY: Grace Pucci, Recording Secretary \\Cityhall\cdvlpmnt\— PC Minutes\PC Minutes 04\PC Draft Minutes 10-5-04.gp.doc