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CITY OF ATASCADERO
PLANNING COMMISSION AGENDA
Regular Meeting
Tuesday, April 15, 2014 – 7:00 P.M.
Historic City Hall Council Chambers
6500 Palma Avenue, 4th Floor (Enter on Lewis Ave./Jr. High School Side)
Atascadero, California 93422
CALL TO ORDER
Pledge of Allegiance
Roll Call: Chairperson Dennis Schmidt
Vice Chairperson Mark Dariz
Commissioner David Bentz
Commissioner Duane Anderson
Commissioner Len Colamarino
Commissioner Christian Cooper
Commissioner Jan Wolff
APPROVAL OF AGENDA
PUBLIC COMMENT
(This portion of the meeting is reserved for persons wishing to address the Commission on any matter not
on this agenda and over which the Commission has jurisdiction. Speakers are limited to three minutes.
Please state your name for the record before making your presentation. The Commission may take action
to direct the staff to place a matter of business on a future agenda.)
PLANNING COMMISSION BUSINESS
CONSENT CALENDAR
(All items on the consent calendar are considered to be routine and non-controversial by City Staff and will
be approved by one motion if no member of the Commission or public wishes to comment or ask questions.)
1. APPROVAL OF ACTION MINUTES OF THE REGULAR PLANNING
COMMISSION MEETING ON APRIL 1, 2014.
City of Atascadero Planning Commission Agenda Regular Meeting, April 15, 2014
Page 2 of 4
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COMMUNITY DEVELOPMENT STAFF REPORTS
2. PLN 2014-1505 / TREE REMOVAL PERMIT FOR 14250 EL MONTE RD
Property Owner: Ralph Molina, 14250 El Monte Rd., Atascadero, CA 93422
Applicant: John Neil, Atascadero Mutual Water Company
Certified Arborist: A&T Arborists, 1565 El Camino Real, Atascadero, CA 93422
Project Title: PLN 2014-1505 / TRP 2014-0172 Tree Removal
Project Location: 14250 El Monte Road, Atascadero, CA 93422
APN 050-312-014 (San Luis Obispo County)
Project Description
A request to remove (1) 28-inch DBH Live Oak tree located adjacent to
an existing booster pump station along El Monte Road within a utility
easement on a residential parcel.
Staff
Recommendation:
Staff recommends the Planning Commission adopt draft PC Resolution
2014-0009 to allow the removal of one (1) Live Oak totaling 28-inches
DBH subject to conditions of approval and mitigation.
3. PLN 2014-1497 / TREE REMOVAL PERMIT FOR MULTI-USE TRAIL /
CERTIFICATION OF MITIGATED NEGATIVE DECLARATION
Owner/Applicant: City of Atascadero, 6500 Palma Ave., Atascadero, CA 93422
Certified Arborist: A&T Arborists, 1565 El Camino Real, Atascadero, CA 93422
Project Title: PLN 2014-1497 / TRP 2014-0170 Tree Removal
Project Location: Highway 41 (Morro Road), Atascadero, CA 93422
APN 031-351-002, 054-152-001 (San Luis Obispo County)
Between Portola Road and San Gabriel Road
Project Description:
The City of Atascadero is proposing the construction of a Class 1 multi-
purpose trail adjacent to California State Road 41 (Morro Road)
between Portola and San Gabriel. The proposed project includes a
request to remove nine (9) valley oaks ranging in size from 2- 26-inches
DBH for a total of 75 inches, three (3) coast live oaks with each being
4-inches DBH for a total of 12-inches, and one (1) black walnut with a
DBH of 10-inches.
City of Atascadero Planning Commission Agenda Regular Meeting, April 15, 2014
Page 3 of 4
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Staff
Recommendation:
Staff recommends the Planning Commission adopt Resolution PC
2014-0008 certifying Mitigated Negative Declaration (MND) 2014-004
based on findings and approving the removal of nine (9) Valley Oaks
totaling 75-inches DBH; three (3) coast live oaks totaling 12-inches
DBH; and one (1) black walnut based totaling 10-inches DBH based on
the required findings and subject to conditions of approval and
mitigation consistent with the MND 2014-004.
PUBLIC HEARINGS
None
COMMISSIONER COMMENTS AND REPORTS
DIRECTOR’S REPORT
ADJOURNEMENT
The next regular meeting of the Planning Commission is scheduled for May 6, 2014 at City Hall
Council Chambers, 6500 Palma Avenue, Atascadero.
Please note: Should anyone challenge in court any proposed development entitlement listed
on this Agenda, that person may be limited to raising those issues addressed at the public
hearing described in this notice or in written correspondence delivered to the Planning
Commission at, or prior to this public hearing.
City of Atascadero Planning Commission Agenda Regular Meeting, April 15, 2014
Page 4 of 4
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City of Atascadero
WELCOME TO THE ATASCADERO PLANNING COMMISSION MEETING
The Planning Commission meets in regular session on the first and third Tuesday of each month at 7:00 p.m. at City
Hall, Council Chambers, 6500 Palma Avenue, Atascadero. Matters are considered by the Commission in the order of
the printed Agenda.
Copies of the staff reports or other documentation relating to each item of bus iness referred to on the Agenda are on
file in the office of the Community Development Department and are available for public inspection during City Hall
business hours at the Front Counter of City Hall, 6500 Palma Avenue, Atascadero, and on our website,
www.atascadero.org. All documents submitted by the public during Commission meetings that are either read into
the record or referred to in their statement will be noted in the minutes and available for review in the Community
Development Department. Commission meetings are audio recorded, and may be reviewed by the public. Copies of
meeting recordings are available for a fee. Contact the City Clerk for more information (470-3400).
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City
meeting or other services offered by this City, please contact the City Manager’s Office or the City Clerk’s Office,
both at (805) 470-3400. Notification at least 48 hours prior to the meeting or time when services are needed will
assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or
service.
TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA
Under Agenda item, “PUBLIC COMMENT”, the Chairperson will call for anyone from the audience having business
with the Commission to approach the lectern and be recognized.
1. Give your name for the record (not required)
2. State the nature of your business.
3. All comments are limited to 3 minutes.
4. All comments should be made to the Chairperson and Commission.
5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any
other individual, absent or present.
This is when items not on the Agenda may be brought to the Commission’s attention. A maximum of 30 minutes will
be allowed for Public Comment Portion (unless changed by the Commission).
TO SPEAK ON AGENDA ITEMS (from Title 2, Chapter 1 of the Atascadero Municipal Code)
Members of the audience may speak on any item on the agenda. The Chairperson will identify the subject, staff will
give their report, and the Commission will ask questions of staff. The Chairperson will announce when the public
comment period is open and will request anyone interested to address the Commission regarding the matter being
considered to step up to the lectern. If you wish to speak for, against or comment in any way:
1. You must approach the lectern and be recognized by the Chairperson.
2. Give your name (not required).
3. Make your statement.
4. All comments should be made to the Chairperson and Commission.
5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any
other individual, absent or present.
6. All comments limited to 3 minutes.
If you wish to use a computer presentation to support your comments, you must notify the C ommunity Development
Department at 470-3402 at least 24 hours prior to the meeting. Digital presentations brought to the meeting on a
USB drive or CD. You are required to submit to the Recording Secretary a printed copy of your presentation for the
record. Please check in with the Recording Secretary before the meeting begins to announce your presence and turn
in the printed copy.
The Chairperson will announce when the public comment period is closed, and thereafter, no further public
comments will be heard by the Commission.
PC Draft Action Minutes of 4/1/14
Page 1 of 7
CITY OF ATASCADERO
PLANNING COMMISSION
DRAFT ACTION MINUTES
Regular Meeting – Tuesday, April 1, 2014 – 7:00 P.M.
City Hall Council Chambers
6500 Palma Avenue, Atascadero, California
CALL TO ORDER - 7:00 p.m.
Chairperson Schmidt called the meeting to order at 7:03 p.m. and Commissioner Bentz
led the Pledge of Allegiance.
ROLL CALL
Present: Commissioners Anderson, Bentz, Cooper, Colamarino, Vice
Chairperson Dariz, and Chairperson Schmidt
Absent: Commissioner Wolff (excused absence)
Others Present: Recording Secretary Annette Manier
Steve Weinberger, W -Trans
Staff Present: Community Development Director Warren Frace
Deputy Director of Public Works David Athey
Assistant Planner Alfredo Castillo
Brian Pierik, City Attorney
APPROVAL OF AGENDA
MOTION: By Vice Chairperson Dariz and seconded by
Commissioner Bentz to approve the agenda.
Motion passed 6:0 by a roll-call vote.
PUBLIC COMMENT
None
Chairperson Schmidt closed the Public Comment period.
ITEM NUMBER: ITEM NUMBER: 1
DATE: 4-15-14
PC Draft Action Minutes of 4/1/14
Page 2 of 7
PLANNING COMMISSION BUSINESS - None
CONSENT CALENDAR
1. APPROVAL OF ACTION MINUTES OF THE REGULAR PLANNING
COMMISSION MEETING ON FEBRUARY 18, 2014.
MOTION: By Vice Chairperson Dariz and seconded by
Commissioner Anderson to approve the consent
calendar.
Motion passed 6:0 by a roll-call vote.
COMMUNITY DEVELOPMENT STAFF REPORTS - None
PUBLIC HEARINGS
2. GTE / VERIZON CELL TOWER AT ABC CHURCH
PLN 2013-1484, CONDITIONAL USE PERMIT FOR 6225 ATASCADERO MALL
Applicant: GTE Mobilnet of Santa Barbara d/b/a Verizon Wireless, C/O Jay Higgins, 211 East
Carrillo Street, Suite 301, Santa Barbara, CA 93101
Owner: Atascadero Bible Church, 6225 Atascadero Mall., Atascadero CA 93422
Project Title: PLN 2013-1484 / CUP 2013-0276
Project Location: 6225 Atascadero Mall, Atascadero, CA 93422 (San Luis Obispo County) APN: 030-192-018
Project
Description:
Applicant is requesting a Conditional Use Permit (CUP) for a cellular communication
facility located at 6225 Atascadero Mall. The projects consists of a seventy five (75)
foot faux-tree pole with nine (9) antennas, an at-grade unmanned radio equipment
shelter measuring 11’6” x 16’-10”-1/2” with a backup generator on a 5’x10’ concrete
pad, a new five (5) foot underground fiber route, and the potential to impact nine (9)
native trees. The project requires further environmental review consistent with the
California Environmental Quality Act (CEQA) based on aesthetics, biological
resources, agriculture and forestry resources, and hydrology/water quality.
Zoning: Public (P)
General Plan Designation: Public Facilities (P)
Proposed
Environmental
Determination:
Based on the Initial Study prepared for the project, a Mitigated Negative Declaration is
proposed. The Mitigated Negative Declaration is available for public review from
3/13/14 through 4/1/14 at 6500 Palma Avenue, Community Development Department
from 8:30 a.m. to 5:00 p.m. Monday through Thursday, and also available on our
website at www.atascadero.org/environmental docs.
Staff
Recommendation:
Design Review Committee (DRC) recommends approval of the project.
PC Draft Action Minutes of 4/1/14
Page 3 of 7
DISCLOSURE OF EX PARTE COMMUNICATIONS
Commissioners Anderson and Dariz stated they reviewed this project at the
Design Review Committee (DRC).
Commissioners Cooper, Colamarino, Bentz, Schmidt – None.
Assistant Planner Castillo gave the staff report and answered questions from the
Commission.
PUBLIC COMMENT
The following people spoke during the public comment: Jay Higgins, representative
from Verizon Wireless.
Chairperson Schmidt closed the Public Comment period.
MOTION: By Commissioner Bentz and seconded by
Commissioner Anderson to adopt PC Resolution
PC 2014-0007 certifying Mitigated Negative
Declaration 2014-0003 approving PLN 2013-
1484/CUP 2013-0276 to allow a cellular
telecommunications facility in public zone at APN
030-192-018, 6225 Atascadero Mall based on
findings and subject to conditions of approval
and mitigation monitoring, including the proposed
change by Verizon to change Condition 22 to read
“public parking areas” rather than “the parking
area.”
Motion passed 6:0 by a roll-call vote.
PUBLIC HEARINGS (CONTINUED)
3. Oak Ridge Estates Planned Development Amendment
PLN 2099-0033 / ZCH 2014-0171 CODE TEXT AMENDMENT TO PLANNED
DEVELOPMENT #11 (PD-11) REGARDING OFF-SITE IMPROVEMENT
REQUIREMENTS ALONG STATE ROUTE 41 (MORRO ROAD)
Property Owner: K&M Holdings
Applicants: Castlerock Development, 445 Green Gate Road, San Luis Obispo, CA 93401
Project Title: Oak Ridge Estates Planned Development Amendment
PLN 2099-0033/ZCH 2014-0171: Zone Code Text Amendment to Planned
Development #11 (PD-11) regarding off-site improvement requirements along
State Route 41 (Morro Road) [Oak Ridge Estates]
PC Draft Action Minutes of 4/1/14
Page 4 of 7
DISCLOSURE OF EX PARTE COMMUNICATIONS
Chairperson Schmidt announced he would be recusing himself from voting on the item
because Castlerock Development has been a client of his, and the City Attorney
recommended he step down from voting. Chairperson Schmidt left the room , and Vice
Chairperson Dariz took over the meeting. All other Commissioners had no ex parte
communications.
Director Frace introduced David Athey from Public Works, Brian Pierik, the City
Attorney, and Steve Weinberger from W -Trans. Director Frace and Deputy Director
Athey gave the staff report. Director Frace, Deputy Director Athey, Steve Weinberger,
and Brian Pierik answered questions from Commission.
PUBLIC COMMENT
The following people spoke during the public comment: Wendy Ackhart (on behalf of
Darren Shetler from Castlerock Development), Warren Stephenson, Don Ritter, Debra
Paskin, Mitch Paskin, Joe Dervin, Carrie Briscoe, Frank Lopez, Linda Stephenson,
Constance Johnson, Jason Tyra (Castlerock Development), and Joyce Mostavich.
Steve Weinberger of W -Trans responded to questions raised by the public speakers.
Vice Chairperson Dariz closed the Public Comment period.
Project Location: The Oak Ridge Estates project consists of 115 rural residential parcels
covering 802± acres located at the western end of San Marcos Road in
Atascadero, CA 93422. (San Luis Obispo County)
Project
Description:
The project consists of an amendment to the off-site road improvement
standards for PD-11, which covers the Oak Ridge Estates residential
development project. Specifically, Section 9-3.656(c)(3)(v) through (vii) of the
Atascadero Zoning Ordinance will be amended to modify the intersection
improvement requirements at the following locations:
State Route 41 at Los Altos Road
State Route 41 and a private driveway ¼ mile west of Los Altos Road
No changes are proposed within the project boundary.
General Plan Designation: Rural Estates (RE)
Zoning: Residential Suburban / Planned Development #11
(RS / PD-11)
Proposed
Environmental
Determination:
An Addendum to the 1994 project Environmental Impact Report (EIR) [SCH
#94061014] has been prepared for the proposed amendments to PD-11. The
EIR Addendum analyzed the proposed amendments to PD-11 and concluded
that the revised off-site improvement requirements would not result in any new
or substantially more severe impacts than those identified in the original EIR.
Recommendation: Staff is recommending the Planning Commission recommend adoption of the
Addendum and approval of the proposed amendments to PD-11 to the
Atascadero City Council.
PC Draft Action Minutes of 4/1/14
Page 5 of 7
Steve Weinberger gave a history of W -Trans’ involvement in the project, and then
answered questions from the Commission. Jason Tyra answered questions in regards
to the right turn taper.
Director Frace, Deputy Director Athey, and Steve Weinberger answered additional
questions from the Commission.
Vice Chairperson Dariz re-opened the Public Comment period.
PUBLIC COMMENT
The following people spoke during the public comment: Warren Stephenson, Mitch
Paskin, Joe Dervin, and Don Ritter.
Vice Chairperson Dariz closed the Public Comment period.
Commissioners then made statements on the project , and Commissioner Bentz agreed
with the other commissioners’ comments, and said he would make a motion.
MOTION: By Commissioner Bentz and seconded by
Commissioner Cooper to adopt PC Resolution 2014-
0005 recommending to the City Council approval of
the Environmental Impact Report addendum to the
previously-certified EIR for the Oakridge Estates-3F
Meadows Project and determine that said addendum
together with the previously-certified Environmental
Impact Report serves as the appropriate
environmental documentation for the proposed
amendments to the Planned Development 11 Zoning
Code Section 9-3.656
AND
By Commissioner Bentz and seconded by
Commissioner Cooper to adopt PC Resolution 2014 -
0006 recommending to the City Council introduce for
first reading an Ordinance amending PD-11 for the
Oakridge Estates/3-f Meadows project with the
recommendation that the Council address the Los
altos / State Route 41 safety issues.
Commissioner Colamarino said he would like to make a motion to add a
recommendation with a change that the developer would complete the road
improvements, at the two locations, within one year from the Council’s approval.
PC Draft Action Minutes of 4/1/14
Page 6 of 7
Brian Pierik explained the procedure for this motion (now that there is a motion and a
2nd on the table). He said Commissioner Colamarino must ask the maker of the motion
(Bentz) and the commissioner who seconded the motion (Cooper) whether they would
be willing to modify the motion to include the one -year limitation or not.
Commissioner Bentz agreed to modify the motion, and Commissioner Colamarino
agreed to the second the modification, but Commissioner Cooper did not agree.
Deputy Director Athey explained that staff’s position on realistic time-frames.
Commissioner Colamarino then suggested the time limit we should be talking about is
for the developer to initiate the process of securing these other permits from the other
agencies within 3 months after Council approval. Vice Chairperson Dariz and
Commissioner Cooper agreed.
Director Frace explained that trying to set a timeframe on another agency’s approval is
beyond the control of anyone in the room. What is in the Commission’s control would
be when the project would go back into a status of non -compliance, and that perhaps a
timeframe of 2-years would get us to a window of something more realistic, and that
would be staff’s direction.
Commissioner Bentz, (maker of the motion) would agree to the 2nd amendment if the 2nd
(Colamarino) would agree to the change that. Commissioner Cooper asked for
clarification from staff on exact wording.
Director Frace stated that the original resolution states that in 3 years, facilities would
need to be completely done and accepted by Caltrans . Staff would recommend that 2
years would be the shortest timeframe the Commission should consider.
Commissioner Cooper said he would agree to second the motion if we change the
language to say the applicant must have permits from all agencies at the 2-year mark.
Commissioner Colamarino asked Commissioner Bentz to amend his motion to make it
two years for completion, per staff’s recommendation, and Commissioner Bentz
accepted the amendment. Commissioner Colamarino said he would second that
motion.
Director Frace clarified that the only language changing in the resolution for the PD-11
amendment is for the timing sections in 9-3.656(c)(3)(v), (vii), (viii), (ix) from 3-years to
2-years.
MOTION: By Commissioner Bentz and seconded by
Commissioner Colamarino to adopt PC
Resolution 2014-0005 recommending to the City
PC Draft Action Minutes of 4/1/14
Page 7 of 7
Council approval of the Environmental Impact
Report addendum to the previously-certified EIR
for the Oakridge Estates-3F Meadows Project and
determine that said addendum together with the
previously-certified Environmental Impact Report
serves as the appropriate environmental
documentation for the proposed amendments to
the Planned Development 11 Zoning Code Section
9-3.656
AND
By Commissioner Bentz and seconded by
Commissioner Colamarino to adopt PC
Resolution 2014-0006 recommending to the City
Council introduce for first reading an Ordinance
amending PD-11 for the Oakridge Estates/3-F
Meadows project, and changing the (v) timing
sections in 9-3.656(c)(3)(v), (vii), (viii), (ix) from
within three (3) years to (2) years of the effective
date of the ordinance.
Motion passed 5:0 by a roll-call vote.
COMMISSIONER COMMENTS AND REPORTS
None
DIRECTORS REPORT
Director Frace stated that the next Planning Commission meeting will be held on
April 15, 2014.
ADJOURNMENT – 9:50 p.m.
The next regular meeting of the Planning Commission is scheduled for April 15, 2014,
at 7:00 p.m. at City Hall, Council Chambers, 6500 Palma Avenue, Atascadero.
MINUTES PREPARD BY:
_____________________________
Annette Manier, Recording Secretary
t:\~ planning commission\pc minutes\pc minutes 2014\pc draft actn minutes 4 1 14.am.docx
ITEM NUMBER: ITEM NUMBER: 2
DATE: 4-15-14
Atascadero Planning Commission
Staff Report – Community Development Department
Kelly Gleason, Senior Planner, 470-3448, kgleason@atascadero.org
PLN 2014-1505
Tree Removal Permit 2014-0172
14250 El Monte Rd
Atascadero Mutual Water Co / A&T Arborists
SUBJECT:
The proposed project includes a request to remove one (1) 28-inch DBH Live Oak,
located adjacent to an existing booster pump station along El Monte Rd within a utility
easement on a residential parcel. Atascadero Mutual Water Company needs to
upgrade the booster pump and construct a small building to facilitate upgrades to the
existing pump. The tree is in the location of the proposed facility improvements.
RECOMMENDATION:
Staff Recommends:
The Planning Commission adopt Resolution PC 2014-0009 to allow the removal of one
(1) Live Oak totaling 28-inches DBH subject to conditions of approval and mitigation.
Situation and Facts:
1. Property Owner/Applicant: Atascadero Mutual Water Company, c/o John
Neil, 5005 El Camino Real, Atascadero, CA
93422
2. Project Address: 14250 El Monte Rd, Atascadero, CA 93422
3. Certified Arborist: N/A
4. General Plan Designation: Rural Estates (RE)
5. Zoning District: Residential Suburban (RS)
ITEM NUMBER: ITEM NUMBER: 2
DATE: 4-15-14
BACKGROUND:
Atascadero Mutual Water Company (AMWC) has an existing booster pump at the
subject location within an existing utility easement. The tree proposed for removal is in
the location of proposed new facilities. The subject parcel is developed with a private
residence. An expanded easement will be required to accommodate the new expanded
facilities. AMWC will be required to secure additional easements prior to any building
permit issuance for the new facilities.
The applicant did begin removal of the tree under the assumption that the removal was
exempt per Section 9-11.105(b)(5) of the City’s Tree Ordinance which exempts single-
family residences in single-family zoning districts where a permanent dwelling exists
and building or grading permits are not being sought from obtaining a removal permit
through the City. While building permits for the facility upgrades have not yet been
applied for, this exemption applies to single-family homeowners who wish to maintain
and modify their landscaping, including native trees, but does not allow for the
unmitigated removal to accommodate buildings and other improvements where permits
are required. Upon notification, the applicant ceased removal activities and applied for a
removal permit in accordance with the City’s process.
ANALYSIS:
An application has been submitted by Atascadero Mutual Water Company for the
removal of one (1) 28-inch DBH Live Oak located within the area of proposed new
facility upgrade improvements. AMWC needs to upgrade the existing booster pump
facilities which will include construction of a small utility building associated with the new
improvements. The proposed tree removal is necessary to accommodate the new
building.
Aerial Image of Property
Existing pump
facility location
ITEM NUMBER: ITEM NUMBER: 2
DATE: 4-15-14
Tree Mitigation
The Atascadero Municipal Code (AMC) requires mitigation for all trees approved for
removal. AMC Section 9-11.105 identifies specific conditions of approval. Planning
Commission can approve one or more of the following conditions as mitigation:
AMC Section 9-11.105: Tree removal permits shall be conditioned by one or more of the
following methods:
(i) Depending on the characteristics of the site the applicant may plant replacement trees on
site. This method shall include payment in advance for three (3) site inspections during a four
(4) year establishment period;
(ii) Payment of fee to the Tree Replacement Fund;
(iii) Establishment of conservation easements, which will restrict removal of any tree within a
designated area of the property. (Ord. 350 § 2 (part), 1998)
In accordance with Section 9-11.105 of the Atascadero Native Tree Ordinance, staff has
included a condition in the attached resolution which requires either replanting or
payment of fees to the tree fund. The applicant shall make a mitigation payment of
Oak tree to be removed
for expanded facilities
Tree to be
removed
ITEM NUMBER: ITEM NUMBER: 2
DATE: 4-15-14
$466.67 into the tree fund or provide native tree plantings on-site with either nine (9) five
(5) gallon trees, or may elect to plant larger trees to reduce the amount of mitigation and
plant enough trees to avoid the mitigation fee.
As the residential property is not under ownership of AMWC, the applicant will likely pay
fees into the tree mitigation fund in this case.
Evergreen Native Trees (inches)Deciduous Native Trees (inches)Totals
dbh notes dbh notes
1 1 28 live oak
2 2
3 3
4 4
5 5
6 6
7 7
8 8
9 9
10 10
11 11
12 12
13 13
14 14
15 15
Total 0-inches Total 28-inches 28-inches
Mitigation Requirement
req'd tree replacements:0 five gal trees req'd tree replacements:9 five gal trees
Proposed Replanting 0 five gal trees Proposed Replanting 0 five gal trees 0 five gal trees
0 fifteen gal trees 0 fifteen gal trees 0 fifteen gal trees
0 box trees (24'')0 box trees (24'')0 box trees (24'')
Remaining Mitigation 0 five gal trees Remaining Mitigation 9 five gal trees 9 five gal trees
Tree Fund Payment:-$ Tree Fund Payment:466.67$ 466.67$
FINDINGS:
In considering any tree removal request, at least one of the required findings must be
made. Staff has identified the following finding as appropriate for the application
request.
The tree is 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:
a. Early consultation with the City,
b. Consideration of practical design alternatives,
c. Provision of cost comparisons (from applicant) for practical design
alternatives,
d. If saving tree eliminates all reasonable use of the property, or
e. Saving the tree requires the removal of more desirable trees.
ITEM NUMBER: ITEM NUMBER: 2
DATE: 4-15-14
CONCLUSIONS:
The proposed tree removal is necessary for the construction of facilities associated with
upgrades to an existing booster pump located along El Monte Rd on an existing
residential property. Based on the above analysis, findings can be made to approve the
requested removal, subject to the required mitigation.
ALTERNATIVES:
1. The Commission may approve the project with additional or revised project
conditions.
2. The Commission may deny the project if it is found that the required findings cannot
be made. The Commission’s motion to deny must include a finding basis for denial.
3. The Commission may continue the hearing and refer the item back to staff for
additional information or analysis. Direction should be given to staff and the
applicant on required information.
ATTACHMENTS:
Attachment 1 – Location Map (General Plan & Zoning)
Attachment 2 – Site Plan
Attachment 3 – Site Photos
Attachment 4 – Draft Resolution PC 2014-0009
Bond payment for tree #31, impacted 45% :
ITEM NUMBER: ITEM NUMBER: 2
DATE: 4-15-14
ATTACHMENT 1: Location Map (Zoning Map)
PLN 2014-1505 / TRP 2014-0172
14250 El Monte Rd
General Plan Designation:
RE (Rural Estates)
Zoning District:
Residential Suburban (RS)
ITEM NUMBER: ITEM NUMBER: 2
DATE: 4-15-14
ATTACHMENT 2: Site Plan
PLN 2014-1505 / TRP 2014-0172
14250 El Monte Rd
ITEM NUMBER: ITEM NUMBER: 2
DATE: 4-15-14
ATTACHMENT 3: Site Photos
PLN 2014-1505 / TRP 2014-0172
14250 El Monte Rd
Tree to be
removed
Tree to be
removed
ITEM NUMBER: ITEM NUMBER: 2
DATE: 4-15-14
ATTACHMENT 4: Draft Resolution PC 2014-0009
PLN 2014-1505 / TRP 2014-0172
14250 El Monte Rd
DRAFT RESOLUTION NO. PC 2014-0009
RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ATASCADERO, CALIFORNIA APPROVING
PLN 2014-1505 / TRP 2014-0172, TO ALLOW THE REMOVAL OF
ONE (1) LIVE OAK TOTALING 28 INCHES DBH
LOCATED AT 14250 EL MONTE RD
APN 050-312-014
(ATASCADERO MUTUAL WATER COMPANY / MOLINA)
WHEREAS, an application was received from John Neil, Atascadero Mutual Water
Company, 5005 El Camino Real, Atascadero, CA 93422, (Applicant), and Ralph Molina, 14250
El Monte Rd, Atascadero CA 93422 (Owner) for a Tree Removal Permit to remove one (1) Live
Oak totaling 28 inches DBH; and,
WHEREAS, the Planning Commission reviewed the proposed Tree Removal Permit
application on April 15, 2014, at 7:00 p.m. and considered testimony and reports from staff, the
applicants, and the public; and,
NOW THEREFORE, the Planning Commission of the City of Atascadero, California
takes the following actions:
SECTION 1. Findings for tree removal. The Planning Commission finds as follows:
The tree is 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:
a. Early consultation with the City,
b. Consideration of practical design alternatives,
c. Provision of cost comparisons (from applicant) for practical design alternatives,
d. If saving tree eliminates all reasonable use of the property, or
e. Saving the tree requires the removal of more desirable trees.
SECTION 2. Approval. The Planning Commission of the City of Atascadero, in a
regular session assembled on April 15, 2014, resolved to approve Tree Removal Permit 2014-
0172, subject to the following:
EXHIBIT A: Conditions of Approval
EXHIBIT B: Tree Mitigation Chart
ITEM NUMBER: ITEM NUMBER: 2
DATE: 4-15-14
On motion by Commissioner ____________________, and seconded by Commissioner
_________________________, the foregoing resolution is hereby adopted in its entirety by the
following roll call vote:
AYES: ( )
NOES: ( )
ABSENT: ( )
ADOPTED:
ABSTAINED:
CITY OF ATASCADERO, CA
_________________________________________
Dennis Schmidt
Planning Commission Chairperson
ATTEST:
___________________________________
Warren Frace
Planning Commission Secretary
ITEM NUMBER: ITEM NUMBER: 2
DATE: 4-15-14
EXHIBIT A: Conditions of Approval / Mitigation Monitoring
PLN 2014-1505 / TRP 2014-0172
Conditions of Approval
PLN 2014-1505 / TRP 2014-0172
14250 El Monte Rd
Timing
FM; Final Map
BL: Business License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary Occupancy
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Standard Planning Conditions
1. The approval of this application shall become final, subject to the completion
of the conditions of approval, fourteen (14) days following the Planning
Commission approval unless prior to the time, an appeal to the decision is
filed as set forth in Section 9-1.111(b) of the Zoning Ordinance.
BP
PS
2. The applicant and/or subsequent owners 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 the proposed development.
On going PS
3. The applicant shall pay $466.67 into the tree mitigation fund and/or replant
native trees on subject property prior to removal of the Live Oak, consistent
with the Atascadero Municipal Code.
Tree Removal PS
ITEM NUMBER: ITEM NUMBER: 2
DATE: 4-15-14
EXHIBIT B: Tree Mitigation Chart
Evergreen Native Trees (inches)Deciduous Native Trees (inches)Totals
dbh notes dbh notes
1 1 28 live oak
2 2
3 3
4 4
5 5
6 6
7 7
8 8
9 9
10 10
11 11
12 12
13 13
14 14
15 15
Total 0-inches Total 28-inches 28-inches
Mitigation Requirement
req'd tree replacements:0 five gal trees req'd tree replacements:9 five gal trees
Proposed Replanting 0 five gal trees Proposed Replanting 0 five gal trees 0 five gal trees
0 fifteen gal trees 0 fifteen gal trees 0 fifteen gal trees
0 box trees (24'')0 box trees (24'')0 box trees (24'')
Remaining Mitigation 0 five gal trees Remaining Mitigation 9 five gal trees 9 five gal trees
Tree Fund Payment:-$ Tree Fund Payment:466.67$ 466.67$
\\cityhall\user_documents\kgleason\desktop\pln 2014-1505 14250 el monte trp amwc-sr kg.docx
Bond payment for tree #31, impacted 45% :
ITEM NUMBER: ITEM NUMBER: 3
DATE: 4-15-14
Atascadero Planning Commission
Staff Report – Community Development Department
Nicholas J. Wong, Planning Intern, 470-3446, nwong@atascadero.org
Alfredo R. Castillo, AICP, Assistant Planner, 470-3436, acastillo@atascadero.org
PLN 2014-1497 / TRP 2014-0170
Tree Removal Permit
Highway 41/ Morro Road Class 1 Multi-Use Trail
(City of Atascadero / A&T Arborists)
SUBJECT:
The City of Atascadero is proposing the construction of a Class 1 multi-purpose trail
adjacent to California State Road 41 (Morro Road) between Portola Road and San
Gabriel road. The proposed project includes a request to remove nine (9) valley oaks
ranging in size from 2- 26-inches DBH for a total of 75 inches, three (3) coast live oaks
with each being 4-inches DBH for a total of 12-inches, and one (1) black walnut with a
DBH of 10-inches.
RECOMMENDATION:
Staff Recommends:
Planning Commission adopt Resolution PC 2014-0008 certifying Mitigated Negative
Declaration (MND) 2014-004 based on findings and approving the removal of nine (9)
Valley Oaks totaling 75-inches DBH; three (3) coast live oaks totaling 12-inches DBH;
and one (1) black walnut based totaling 10-inches DBH based on the required findings
and subject to conditions of approval and mitigation consistent with the MND 2014-004.
Situation and Facts:
1. Property Owner/Applicant: City of Atascadero
6500 Palma Avenue, Atascadero, CA 93422
2. Project Location: Westbound Side of Morro Road/Highway41
(APN 031-351-002, 054-152-001) between Portola
Road and San Gabriel Road
3. Certified Arborist: Steven G. Alvarez #WE-0511A, A&T Arborist
1565 El Camino Real, Atascadero, CA 93422
ITEM NUMBER: ITEM NUMBER: 3
DATE: 4-15-14
4. General Plan Designation: Open Space (OS)
5. Zoning District: Open Space (OS)
ANALYSIS:
The City of Atascadero is proposing construction of a Class 1 multi-purpose trail
adjacent to California State Road 41 (Morro Road) to connect Atascadero Lake Park
with a recently completed Safe Routes to School Project and provide pedestrian and
cyclists with safe access along Highway 41/ Morro Road. The proposed trail would be
approximately ten (10) feet wide, paved, with two-foot (2) shoulders on each side, and
would extend approximately 2,710 feet from Portola Road west to San Gabriel Road.
The proposed trail would replace the existing, unimproved path that currently e xists.
The new improvements would require the removal of nine (9) Valley Oaks, three (3)
coast live oaks, and one (1) black walnut.
Aerial Photo of Property: APN 054-152-001
4 Valley Oaks
proposed for
removal
4 Valley Oaks &
2 Coastal Live
Oak proposed
for removal
ITEM NUMBER: ITEM NUMBER: 3
DATE: 4-15-14
1 Live Coastal
Oak proposed
for removal
1 Black Walnut
proposed for
removal
1 Valley Oak
proposed for
removal
Aerial Photo of Property: APN 031-351-002
ITEM NUMBER: ITEM NUMBER: 3
DATE: 4-15-14
Tree Mitigation
The Atascadero Municipal Code (AMC) requires mitigation for all trees approved for
removal. Mitigation may be through one or more of the following methods as identified
in AMC Section 9-11.105:
AMC Section 9-11.105: Tree removal permits shall be conditioned by one or more of the
following methods:
(i) Depending on the characteristics of the site the applicant may plant replacement trees on
site. This method shall include payment in advance for three (3) site inspections during a four
(4) year establishment period;
(ii) Payment of fee to the Tree Replacement Fund;
(iii) Establishment of conservation easements, which will restrict removal of any tree within a
designated area of the property. (Ord. 350 § 2 (part), 1998)
Typically, an applicant would plant either four (4) five-gallon evergreen native trees or
57 five-gallon deciduous native trees, pay mitigation fees totaling $3,033.33 or a
combination thereof. The proposed tree removals were analyzed as a part of M ND
2014-004. Mitigation Measures were proposed for the tree removals at a ratio that is
greater than what is required in the Municipal Code in some instances due to the habitat
sensitivity and aesthetic values the trees provide along Highway 41. Below is the
proposed mitigation measure:
Based on this measure the following mitigation will be required for the removals,
consistent with the Certified MND:
Proposed Native Tree Removed Type Mitigation(5-gallon plantings)
4-inch Coast Live Oak Evergreen 3 Evergreen Trees
4-inch Coast Live Oak Evergreen 3 Evergreen Trees
4-inch Coast Live Oak Evergreen 3 Evergreen Trees
2-inch Valley Oak Deciduous 3 Deciduous Native Trees
3-inch Valley Oak Deciduous 3 Deciduous Native Trees
6-inch Valley Oak Deciduous 4 Deciduous Native Trees
2-inch Valley Oak Deciduous 3 Deciduous Native Trees
10-inch Valley Oak Deciduous 7 Deciduous Native Trees
26-inch Valley Oak Deciduous 17 Deciduous Native Trees
17-inch Valley Oak Deciduous 11 Deciduous Native Trees
6-inch Valley Oak Deciduous 4 Deciduous Native Trees
3-inch Valley Oak Deciduous 3 Deciduous Native Trees
10-inch Black Walnut Deciduous 7 Deciduous Native Trees
Totals 71 Native Tree Replantings
ITEM NUMBER: ITEM NUMBER: 3
DATE: 4-15-14
Environmental Determination
An Initial Study was done for the multi-purpose trail and included a review of biological,
archeological, and aesthetic effects that the proposed multi-use trail may have. The
MND concludes that there would be no significant harm to the environment as a result
of the overall project, when mitigation measures are implemented. The tree removals
and associated construction of the multi-use trail is tied to grant funding. This funding
requires that the Planning Commission certify this MND. As of printing of this staff
report, the City has not received any comments in opposition to the proposed project.
Certification of the Mitigated Negative Declaration 2014-0004 is included in draft
Planning Commission Resolution 2014-0009.
FINDINGS:
In considering any tree removal request, at least one of the required findings must be
made by the Planning Commission. Staff has identified the following finding as
appropriate for the application request. The trees do conflict with the City’s
improvements of the trail and do not allow for a reasonable design around them.
View of proposed Valley Oaks for removal
ITEM NUMBER: ITEM NUMBER: 3
DATE: 4-15-14
The tree is obstructing proposed improvements that cannot be reasonably
designed to avoid the need for tree removal, as certified be a report from the site
planner and determined by the Community Development Department based on
the following factors:
a. Early consultation with the City,
b. Consideration of practical design alternatives,
c. Provision of cost comparison (from applicant) for practical design alternatives,
d. If saving tree eliminates all reasonable use of the property, or
e. If saving the tree requires the removal of more desirable trees.
CONCLUSIONS:
A tree removal application has been submitted for removal nine (9) Valley Oaks ranging
from 2- 26-inches DBH for a total of 75 inches, three (3) coast live oaks with each being
4-inches DBH for a total of 12-inches, and one (1) black walnut with a diameter of 10 -
inches. City Staff has determined that the trees must be removed in order to complete
the improvements for a Class 1 multi-purpose trail. Based on the above analysis, staff
believes findings can be made to approve the requested removal, subject to the
required mitigation.
ALTERNATIVES:
1. The Commission may approve the project with additional or revised project
conditions.
2. The Commission may deny the project if it is found that the required findings cannot
be made.
3. The Commission may continue the item and refer the request back to staff for
additional information or analysis. Direction should be given to staff and the
applicant on required information needed.
ATTACHMENTS:
Attachment 1 – Location Map (General Plan & Zoning)
Attachment 2 – Proposed Site Plan with tree removals
Attachment 3 – Arborist Report
Attachment 4 – Draft Resolution PC 2014-0008
Bond payment for tree #31, impacted 45% :
ITEM NUMBER: ITEM NUMBER: 3
DATE: 4-15-14
ATTACHMENT 1: Location Map
PLN 2014-1497 / TRP 2014-0170
APN: 031-351-002 / 054-152-001
General Plan Designation: Open Space (OS)
Zoning District: Open Space (OS)
Proposed Project
Area
ITEM NUMBER: ITEM NUMBER: 3
DATE: 4-15-14
ATTACHMENT 2: Proposed Site Plans with proposed tree removals
PLN 2014-1497 / TRP 2014-0170
APN: 031-351-002 / 054-152-001
ITEM NUMBER: ITEM NUMBER: 3
DATE: 4-15-14
ITEM NUMBER: ITEM NUMBER: 3
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ITEM NUMBER: ITEM NUMBER: 3
DATE: 4-15-14
ATTACHMENT 3: Arborist Report
PLN 2014-1497 / TRP 2014-0170
APN: 031-351-002 / 054-152-001
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ATTACHMENT 4: Draft Resolution PC 2014-0008
PLN 2014-1497 / TRP 2014-0170
APN: 031-351-002 / 054-152-001
DRAFT RESOLUTION NO. PC 2014-0008
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ATASCADERO APPROVING PLN 2014-1497 / TRP 2014-0170 /
PPN 2014-0257, CERTIFYING MITIGATED NEGATIVE DECLARATION
2014-004 AND ALLOW THE REMOVAL OF NINE (9) VALLEY OAKS,
THREE (3) COAST LIVE OAKS, AND ONE (1) BLACK WALNUT.
LOCATED AT APN: 031-351-002 / 054-152-001
WHEREAS, an application was received from the City of Atascadero, 6500, Palma
Avenue, Atascadero, CA 93422 (Applicant/Owner) for a Tree Removal Permit to remove nine
(9) Valley Oaks ranging from 2- 26-inches DBH for a total of 75 inches, three (3) coast live oaks
with each being 4-inches DBH for a total of 12-inches, and one (1) black walnut with a diameter
of 10-inches.
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act (CEQA) have been adhered to; and,
WHEREAS the Planning Commission of the City of Atascadero held a public hearing on
April 15, 2014 to consider the Initial Study and Proposed Mitigated Negative Declaration; and
WHEREAS, the Planning Commission reviewed the proposed Tree Removal Permit
application on April 15th 2014, at 7:00 p.m. and considered testimony and reports from staff, the
applicants, and the public; and,
NOW THEREFORE, the Planning Commission of the City of Atascadero, California
takes the following actions:
SECTION 1. Certification of Mitigated Negative Declaration the Planning Commission of
the City of Atascadero, hereby certifies Mitigated Negative Declaration 2014-0004 based on the
following findings:
1. The Mitigated Negative Declaration has been completed in compliance with
requirements of the California Environmental Quality Act; and,
2. The project does not have the potential to degrade the environment when mitigation
measures are incorporated into the project; and,
3. The project will not achieve short-term to the disadvantage of long-term
environmental goals when mitigation measures are incorporated into the project; and,
ITEM NUMBER: ITEM NUMBER: 3
DATE: 4-15-14
4. The project does not have impacts which are individually limited, but cumulatively
considerable when mitigation measures are incorporated into the project; and,
5. The project will not cause substantial adverse effects on human beings either directly
or indirectly when mitigation measures are incorporated into the project.
SECTION 2. Findings for tree removal. The Planning Commission finds as follows:
The tree is obstructing proposed improvements that cannot be reasonably designed to
avoid the need for tree removal, as certified be a report from the site planner and
determined by the Community Development Department based on the following factors:
a. Early consultation with the City,
b. Consideration of practical design alternatives,
c. Provision of cost comparison (from applicant) for practical design alternatives,
d. If saving tree eliminates all reasonable use of the property, or
e. If saving the tree requires the removal of more desirable trees.
SECTION 2. Approval. The Planning Commission of the City of Atascadero, in a
regular session assembled on April 15th 2014, resolved to approve Tree Removal Permit 2014-
0170, subject to the following:
EXHIBIT A: Initial Study and Mitigated Negative Declaration 2014-0004
EXHIBIT B: Conditions of Approval
EXHIBIT C: Tree Mitigation Chart
ITEM NUMBER: ITEM NUMBER: 3
DATE: 4-15-14
On motion by Commissioner ____________________, and seconded by Commissioner
_________________________, the foregoing resolution is hereby adopted in its entirety by the
following roll call vote:
AYES: ( )
NOES: ( )
ABSENT: ( )
ADOPTED:
ABSTAINED:
CITY OF ATASCADERO, CA
_________________________________________
David Bentz
Planning Commission Chairperson
ATTEST:
___________________________________
Warren Frace
Planning Commission Secretary
ITEM NUMBER: ITEM NUMBER: 3
DATE: 4-15-14
EXHIBIT A: Initial Study and Mitigated Negative Declaration
PLN 2014-1497 / TRP 2014-0170 / PPN 2014-0257
Please See Attachment 2 Mitigated Neg Dec
ITEM NUMBER: ITEM NUMBER: 3
DATE: 4-15-14
EXHIBIT B: Conditions of Approval
PLN 2014-1497 / TRP 2014-0170
Conditions of Approval
PLN 2014-1497 / TRP 2014-0170
APN: 031-351-002 / 054-152-001
Timing
FM; Final Map
BL: Business License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary Occupancy
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Standard Planning Conditions
1. The approval of this application shall become final, subject to the completion
of the conditions of approval, fourteen (14) days following the Planning
Commission approval unless prior to the time, an appeal to the decision is
filed as set forth in Section 9-1.111(b) of the Zoning Ordinance.
Tree removal
PS
2. The applicant and/or subsequent owners 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 the proposed development.
On going PS
3. Tree removal mitigation shall be based on adopted mitigated negative
declaration 2014-004.
Tree Removal PS
ITEM NUMBER: ITEM NUMBER: 3
DATE: 4-15-14
EXHIBIT C: Tree Mitigation Chart
*larger container sizes can be used to reduce total plantings consistent with the
City’s native tree ordinance.
\\cityhall\cdvlpmnt\- 14 plns\pln 2014-1497- highway 41 class i trail ppn\pln 2014-1497 trp 2014-0170.docx
Proposed Native Tree Removed Type Mitigation(5-gallon plantings)*
4-inch Coast Live Oak Evergreen 3 Evergreen Trees
4-inch Coast Live Oak Evergreen 3 Evergreen Trees
4-inch Coast Live Oak Evergreen 3 Evergreen Trees
2-inch Valley Oak Deciduous 3 Deciduous Native Trees
3-inch Valley Oak Deciduous 3 Deciduous Native Trees
6-inch Valley Oak Deciduous 4 Deciduous Native Trees
2-inch Valley Oak Deciduous 3 Deciduous Native Trees
10-inch Valley Oak Deciduous 7 Deciduous Native Trees
26-inch Valley Oak Deciduous 17 Deciduous Native Trees
17-inch Valley Oak Deciduous 11 Deciduous Native Trees
6-inch Valley Oak Deciduous 4 Deciduous Native Trees
3-inch Valley Oak Deciduous 3 Deciduous Native Trees
10-inch Black Walnut Deciduous 7 Deciduous Native Trees
Totals 71 Native Tree Replantings
Bond payment for tree #31, impacted 45% :