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HomeMy WebLinkAboutPC_2014-04-15_AgendaPacket WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website 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 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website 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 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website 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 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website 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 DATE: 4-15-14 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 ITEM NUMBER: ITEM NUMBER: 3 DATE: 4-15-14 ITEM NUMBER: ITEM NUMBER: 3 DATE: 4-15-14 ITEM NUMBER: ITEM NUMBER: 3 DATE: 4-15-14 ITEM NUMBER: ITEM NUMBER: 3 DATE: 4-15-14 ITEM NUMBER: ITEM NUMBER: 3 DATE: 4-15-14 ITEM NUMBER: ITEM NUMBER: 3 DATE: 4-15-14 ITEM NUMBER: ITEM NUMBER: 3 DATE: 4-15-14 ITEM NUMBER: ITEM NUMBER: 3 DATE: 4-15-14 ITEM NUMBER: ITEM NUMBER: 3 DATE: 4-15-14 ITEM NUMBER: ITEM NUMBER: 3 DATE: 4-15-14 ITEM NUMBER: ITEM NUMBER: 3 DATE: 4-15-14 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% :