Loading...
HomeMy WebLinkAboutPC Minutes 02-02-10CITY OF ATASCADERO PLANNING COMMISSION MINUTES Regular Meeting - Tuesday, February 2, 2010 — 7:00 P.M. City Hall Council Chambers 6907 EI Camino Real, Atascadero, California CALL TO ORDER — 7:00 p.m. Chairperson Jack called the meeting to order at 7:00 p.m. and Vice Chairperson Moreno led the Pledge of Allegiance. ROLL CALL Present: Chairperson Jack, Vice Chairperson Moreno, Commissioners Bentz, Colamarino, Schmidt, Sturtevant and Ward. Absent: None Others Present: Recording Secretary Shannon Sims Staff Present: Community Development Director Warren Frace and Associate Planner Callie Taylor APPROVAL OF AGENDA MOTION: By Vice Chairperson Moreno and seconded by Commissioner Bentz to approve the Agenda. Motion passed 7:0 by a roll -call vote. PUBLIC COMMENT None Chairperson Jack closed the Public Comment period. PLANNING COMMISSION BUSINESS A. ELECTION OF CHAIRPERSON AND VICE CHAIRPERSON The Commission will select a Chairperson and Vice Chairperson. Chairperson Jack called for nominations for Chairperson. MOTION: By Commissioner Bentz and seconded by Commissioner Colamarino to appoint Vice Chairperson Moreno to the position of Planning Commission Chairperson. Motion passed 7:0 by a roll -call vote. Chairperson Moreno called for nominations for Vice Chairperson. MOTION: By Commissioner Sturtevant and seconded by Commissioner Ward to appoint Commissioner Bentz to the position of Planning Commission Vice Chairperson. Motion passed 7:0 by a roll -call vote. CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON JANUARY 5, 2010. MOTION: By Commissioner Jack and seconded by Commissioner Sturtevant to approve the Consent Calendar. Motion passed 7:0 by a roll -call vote. COMMUNITY DEVELOPMENT STAFF REPORTS 2. PLN 2010-1354 / TREE REMOVAL PERMIT FOR 8255 & 8265 SANTA YNEZ Property Owner/ Eric & Vicky Winslow, PO Box 6014, Atascadero, CA 93423 Applicant: Certified Arborist: Henry Curtis, PO Box 3028, Atascadero, CA 93423 Project Title: PLN -2010-1354 / Tree Removal Permit 2010-0138 Project 8255 & 8265 Santa Ynez Ave., Atascadero, CA 93422 Location: APN 031-231-038, 039 (San Luis Obispo County) Project Proposed removal of five (5) native trees on a multi -family parcel. All trees Description proposed for removal have been evaluated by a Certified Arborist and are recommended for removal as they are considered to be hazardous and have the potential for major stem failure. Trees proposed for removal include a 24 -inch Valley Oak, a 46 -inch multi -trunk Live Oak, a 38 -inch Live Oak, a 48 - inch Valley Oak, and a 48 -inch multi -trunk Black Walnut. PC Minutes of 2/2/10 Page 2 of 7 Associate Planner Callie Taylor gave the staff report and answered questions of the Commission. DISCLOSURE OF EX PARTE COMMUNICATIONS: • Commissioner Schmidt — No ex parte. • Commissioner Sturtevant spoke with Mr. Winslow, applicant, over the phone while out at the property. Mr. Winslow expressed to him that he was concerned about the tree behind the house at 8265 and was worried about it falling on both homes. Mr. Winslow also said that when he contacted the City he was told there would be no fees and was not made aware that mitigation fees would apply. • Commissioner Jack talked to Mr. Winslow, applicant, at the site and Mr. Winslow pointed out each of the individual trees. Commissioner Jack also heard the same comments as Commissioner Sturtevant from the applicant about being surprised by the mitigation fees. • Chairperson Moreno happened to show up at the same time as Commissioner Jack at the site so she had the same conversation with Mr. Winslow, applicant. • Vice Chairperson Bentz visited the site yesterday and did not talk to anyone. • Commissioner Colamarino visited the site and had no ex parte communications. • Commissioner Ward visited the site and did not talk to anyone. Commissioner Schmidt asked that the Resolution, on Page 34 of the report, have the Chairperson signature be changed to reflect the current Chairperson. Associate Planner Callie Taylor confirmed that it would be updated prior to circulating for signatures. Community Development Director Warren Frace answered questions of the Commission and provided clarification. Associate Planner Callie Taylor also answered questions of the Commission. PUBLIC COMMENT Eric Winslow, owner of 8255 & 8265 Santa Ynez, said his initial inquiry was in regards to tree #7, which is the one his arborist said is potentially needing emergency removal and the one that is most hazardous because it largely threatens one of the residences. He said he was told by City staff that his request would have to go before the Planning Commission for approval because he's requesting removal of a tree that's on a multi -family zoned property, even though the houses are single family residences. Mr. Winslow explained that since there were other trees listed in his arborist's report as "hazardous," he decided to include them in his request too so as to only have to come before the Commission once and to prevent damage in the future if one of those trees were to become hazardous. He said that at the time of his initial inquiry he was told there would be no fees in order to remove these trees because they are hazardous. Mr. Winslow said he was unaware of the mitigation fees until he received a copy of the staff report last Thursday and read that permit fees will be waived but there will be $5,400 in mitigation fees if the Planning Commission agrees that all 5 trees can be removed. He said he did not receive any other letter, prior to seeing the staff report, in regards to the mitigation fees. Mr. Winslow noted that during the storms in October two neighboring properties experience property damage from fallen limbs and a tree. He expressed that it seems reasonable that if both Arborists agree that trees 3, 5 and 7 needs to be removed, they should be removed with mitigation fees waived. Mr. Winslow also said that he would like tree 8 removed because even though it wasn't deemed "hazardous" to property, it has invasive roots that are growing towards the house and threatening its' foundation. Mr. Winslow stressed that he was not interested in PC Minutes of 2/2/10 Page 3 of 7 paying any fees to have the trees removed or in lieu of paying the mitigation fees, planting 108 trees on 7/10 of an acre is completely unreasonable. Mr. Winslow answered questions of the Commission. Michael Bova, with Davey Resource Group, contracts with the City for arborist services, and answered questions of the Commission. Mr. Winslow answered additional questions from the Commission. Chairperson Moreno closed the Public Comment period. Community Development Director Warren Frace answered questions of the Commission. He elaborated on the classification of "emergency removal" and the Tree Ordinance. MOTION: By Vice Chairperson Bentz and seconded by Commissioner Schmidt that the Planning Commission adopt PC Resolution B to approve the request to remove Trees 3, 5, 7 & 8 because they have a potential to cause immediate damage to persons or improvements on real property and the Commission would waive mitigation fees for those trees if those trees are removed within 6 weeks of receiving approval. Commissioner Schmidt seconded the motion but expressed concern about the trees being removed promptly. He noted there doesn't seem to be much urgency relayed by applicant with the time frame. A discussion ensued amongst Commissioners. Vice Chairperson Bentz amended his Motion to immediately, within a week, and that Trees 3, 5 & Bentz also added to the Motion that any trees still removed without further approval. PUBLIC COMMENT reflect that Tree 7 would be removed 8 would be removed within 6 weeks. Mr. remaining after the 6 weeks could not be Eric Winslow, owner of 8255 & 8265 Santa Ynez, commented that removing the trees within 4 — 6 weeks hinges on how cost prohibitive removal will be. He expressed agreement that removing Tree #7 within a week is reasonable. Mr. Winslow also said that depending upon what the total cost is, all trees may be removed within a week, which is quicker than the 4 — 6 weeks the Commission is requesting. He commented, in regards to Commissioner Ward's comments about the Tree Ordinance, that the Ordinance also states that you can prune up to 25% of a tree per year, so effectively he could remove 25% of each tree over the next 4 years for the same result and save himself $5,400 in mitigation fees. Mr. Winslow concluded that it seems like the Commission is talking about semantics and an Ordinance that may need to be modified. Chairperson Moreno closed the Public Comment period. Community Development Director Warren Frace answered questions of the Commission. He provided clarification on the approval process and time frame associated with emergency tree removals. PC Minutes of 2/2/10 Page 4 of 7 Commissioner Schmidt withdrew his second to the Motion because he doesn't support the amendment by Vice Chairperson Bentz. Vice Chairperson Bentz withdrew his Motion. Community Development Director Warren Frace answered more questions of the Commission. MOTION: By Commissioner Colamarino to adopt PC Resolution B to approve the request to remove 3 native oak trees 3, 5 & 7 subject to the condition that they be removed within 10 days of this hearing and without the requirement of the applicant paying mitigation fees because they are emergency tree removals. Commissioner Colamarino amended his motion to add Tree 8. There was no second to the Motion. MOTION: By Commissioner Jack and seconded by Commissioner Sturtevant to adopt PC Resolution B to approve the request to remove Tree 7, classifying it as an emergency removal and waiving all fees and approving the request to remove Trees 3, 5 & 8 with applicable tree mitigation fees applied. A discussion ensued amongst Commissioners. Commissioner Schmidt referred to page 23 of arborist report regarding Tree 8. He expressed that he felt Tree 8 would be the most concerning for him. Mr. Schmidt said he would find this an emergency situation based on comparing both of the factual arborist's reports. He commented that the applicant does have profit motive, pertaining to the rentals on the property. Motion passed 6:1 by a roll -call vote. (Schmidt opposed) PUBLIC HEARINGS None COMMISSIONER COMMENTS AND REPORTS Commissioner Schmidt informed the Commission that Moore's Nursery, on Highway 41, is going to be having some programs offered including the care and maintenance of azaleas and camellias, landscaping for horse properties, etc. He invited the Commissioners to find a program they are interested in and attend. Commissioner Jack expressed interest in revisiting the Tree Ordinance. Community Development Director Warren Frace said it's within the Commission's discretion to agendize whatever they want for discussion and then, if desired, make some sort of request to Council. There was commission consensus to agendize the Tree Ordinance, with special emphasis on the multi -family districts. PC Minutes of 2/2/10 Page 5 of 7 Commissioner Colamarino commented that at the recent City Council Strategic Planning he thought the Council had tabled the Tree Ordinance. He also thanked Commissioner Jack for his service as Chairperson and congratulated him on doing a great job in showing direction and leadership. DIRECTOR'S REPORT • The next regular Commissioner meeting will be held on February 16, 2010. Agendizing the review of the City's Medical Marijuana Ordinance, which will be presented by the City Attorney. Commission will be making recommendations to Council on amendments to the Municipal Code and the Zoning Ordinance. • With regards to the e-mail Commissioner's received from a property owner, or potential property owner, at 7865 EI Camino Real last week, Director Frace thanked Commissioners for not trying to respond to the email directly. He said staff has contacted this person and is working with them on the process. Director Frace said this item probably won't come back to the Commission because it will probably be either an allowed or not allowed use in that zone • With regards the earlier comments, by Mr. Winslow, to trimming trees 25% a year, Director Frace clarified that you can trim trees up to 25% a year, the guideline is that all the pruning has to be done in accordance with the accepted arbicultural practices, so professional standard of practices apply. • Staff is in the final stages of working with Powerhouse on getting a contract put together, hopefully to be wrapped up in the next week or so. Mr. Frace said the next step is to open up the process for Powerhouse to start the "pilot program," which was described as about $750,000 in funds, about 20-30 projects in the City. AB 811 is expect to roll out in the spring/summer and depending upon interest, an equitable and fair process will be enacted to ensure everyone has a fair shot at participating. The City has joined a second process, participating with a program called California First, which is part of a state-wide bonding initiative. This is a lot bigger program, involving 13 to 14 counties, and there is more money available. It's not known at this time how long it will take for this program to roll out. • The Tractor Supply project is moving slowly because of financing issues. The Office of Economic Development has been in contact with the owners and is trying to provide some assistance. • The Colony Square Theater is under construction. They have poured most of the perimeter foundation. There are some changes being made to the interior foundation, due to the Theater's requirements which are in review right now. Director Frace said he expects the foundation to be finished up this month, weather permitting and then the vertical structure will begin. • The Rite Aid project is progressing well. They are putting the roof on right now. • The La Plaza project on the Hoff Property, the other proposed theater, is still out for corrections but staff has heard from the applicant that they are getting close to a re- submittal. • Staff is waiting for Wal-Mart to submit a slight revision to their plan, changing the idea of their floor plan to add some corporate things they wanted to accomplish. Once the plans are re -submitted, staff will be able to get the EIR process and the public outreach process underway. • Staff is working right now with Cowgirl Cafe on a relocation plan. Director Frace said it's his understanding that there's another site in town that is very appealing to them but it's not definite at this time. PC Minutes of 2/2/10 Page 6 of 7 • There's a potential buyer for the Denny's property who wants to put a new restaurant in. Staff has met with them once. Looks like it would be a real good fit and work really well next to the theater. Director Frace said they have to acquire the property and are in some sort of negotiations. ADJOURNMENT — 8:43 p.m. The next regular meeting of the Planning Commission is scheduled for February 16, 2010, at City Hall, Council Chambers, 6907 EI Camino Real, Atascadero. MINUTES PREPARED BY: Shannon Sims, Recording Secretary \\Cityhall\cdvlpmnt\- PC Minutes\PC Minutes 10\PC Minutes 2 2 10.ss.doc PC Minutes of 2/2/10 Page 7 of 7