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CITY OF ATASCADERO
PLANNING COMMISSION AGENDA
Regular Meeting
Tuesday, June 4, 2013 – 7:00 P.M.
City Hall Council Chambers
6907 El Camino Real
Atascadero, California
CALL TO ORDER
Pledge of Allegiance
Roll Call: Chairperson Bentz
Vice Chairperson Schmidt
Commissioner Anderson
Commissioner Colamarino
Commissioner Cooper
Commissioner Dariz
Commissioner 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 MAY 21, 2013.
City of Atascadero Planning Commission Agenda Regular Meeting, June 4, 2013
Page 2 of 4
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COMMUNITY DEVELOPMENT STAFF REPORTS
2. PLN 2008-1309, TREE REMOVAL PERMIT FOR 5171 VEGA AVE.
Owner/Applicant: Thomas & Gina Carter, 6201 Monterey Court, Atascadero, CA 93422
Certified Arborist: Chip Tamagni, A&T Arborist, PO Box 1311, Templeton, CA 93465
Project Title: PLN 2008-1309 / TRP 2008-0123 Tree Removal Permit for Single-Family
Residence
Project Location: 5171 Vega Avenue, Atascadero, CA 93422
(San Luis Obispo County) APN 030-161-002
Project
Description:
May 2013 Revised Tree Removal permit for the following:
A request to remove two (2) 8-inch DBH Blue Oaks, one (1) 24-inch DBH Live
Oak, and one (1) 13-inch DBH Valley Oak located where a newly proposed
single-family residence is to be located. The trees are required to be removed
in order to accommodate construction of the residence. The trees are in poor to
moderate condition, as evaluated by A&T Arborists.
General Plan Designation: SFR-Z
Zoning District: RSF-Z
Proposed Environmental
Determination:
The revised tree removal is consistent with the approved Mitigated Negative
Declaration 2008-0020. The tree removal is consistent with the Mitigated
Negative Declaration because of the following: the proposed new residential
building is smaller than the original proposed residence; the proposed structure
moved to a new location on the property; the quantity proposed to be graded
does not exceed the amount analyzed; and, only four native trees are proposed
to be removed as compared to 30 native trees in the ori ginal document. The
Mitigated Negative Declaration is available for public review at 6907 El Camino
Real, Community Development Department from 8:30 a.m. to 5:00 p.m. Monday
through Thursday.
Staff Recommendation: Staff recommends the Planning Commission approve PLN 2008-1309 / TRP
2008-0123 to allow the removal of two (2) 8-inch DBH Blue Oak, one (1) 24-inch
DBH Live Oak, and one (1) 13-inch DBH Valley Oak.
City of Atascadero Planning Commission Agenda Regular Meeting, June 4, 2013
Page 3 of 4
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3. PLN 2013-1464 / TREE REMOVAL PERMIT FOR 1610 EL CAMINO REAL
Property Owner: TJM Real Estate LLC, 1410 Rossi Road, Templeton, CA 93465
Applicant: Kurt Ourston, 974 Griffin St., Grover Beach, CA 93433
Certified Arborist: Steven Alvarez, A&T Arborist, 1565 El Camino Real, Atascadero, CA
93422
Project Title: PLN 2013-1464 / Tree Removal Permit 2013-0163
Project Location: 1610 El Camino Real, Atascadero, CA 93422
(San Luis Obispo County) APN 049-131-045
Project Description:
The proposed project includes a request to remove one (1) 40-inch DBH
Valley Oak.
General Plan Designation: Commercial Park (CPK)
Zoning District: Commercial Park (CPK)
Staff Recommendation: Staff recommends the Planning Commission adopt Resolution PC 2013 -
0016 to allow the removal of one (1) 40-inch DBH Valley Oak based on the
required findings and subject to conditions of approval and mitigation.
PUBLIC HEARINGS
None
COMMISSIONER COMMENTS AND REPORTS
DIRECTOR’S REPORT
ADJOURNMENT
The next regular meeting of the Planning Commission is scheduled for June 18, 2013, at
City Hall, Council Chambers, 6907 El Camino Real, 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, June 4, 2013
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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, 6907 El Camino Real, 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 business 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, 6907 El Camino Real, Atascadero, and on our website,
www.atascadero.org. An agenda packet is also available for public review at the Atascadero Library, 6850 Morro
Road. 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 Community 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 is preferred. Access to hook up your laptop to the City's projector can also be provided. 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 5/21/13
Page 1 of 5
-
CITY OF ATASCADERO
PLANNING COMMISSION
DRAFT ACTION MINUTES
Regular Meeting – Tuesday, May 21, 2013 – 7:00 P.M.
City Hall Council Chambers
6907 El Camino Real, Atascadero, California
CALL TO ORDER - 7:00 p.m.
Vice Chairperson Schmidt called the meeting to order at 7:00 p.m. and Commissioner
Cooper led the Pledge of Allegiance.
ROLL CALL
Present: Commissioners Anderson, Colamarino, Cooper, Dariz, Wolff, and
Vice Chairperson Schmidt
Absent: Chairperson Bentz (excused)
Others Present: Recording Secretary Annette Manier
Staff Present: Warren Frace, Community Development Director
Senior Planner, Callie Taylor
Assistant Planner Alfredo Castillo
APPROVAL OF AGENDA
MOTION: By Commissioner Dariz and seconded by Commissioner
Anderson to approve the agenda.
Motion passed 6:0 by a roll-call vote.
PUBLIC COMMENT
None
Vice Chairperson Schmidt closed the Public Comment period.
ITEM NUMBER: 1
DATE: 6-4-13
PC Draft Action Minutes of 5/21/13
Page 2 of 5
PLANNING COMMISSION BUSINESS
None
CONSENT CALENDAR
1. APPROVAL OF ACTION MINUTES OF THE REGULAR PLANNING
COMMISSION MEETING ON MAY 7, 2013.
MOTION: By Commissioner Dariz and seconded by
Commissioner Wolff to approve the Consent
Calendar.
Motion passed 6:0 by a roll-call vote
COMMUNITY DEVELOPMENT STAFF REPORTS
2. PLN 2099-0243/TREE REMOVAL PERMIT FOR 900 and 940 EL CAMINO
REAL (SPRINGHILL)
Property Owner: Westar Associates, 2925 Bristol St., Costa Mesa, CA 92626
Applicant: Jeff Emrick, Garing Taylor & Associates, 141 S. Elm St., Arroyo
Grande, California 93420
Certified Arborist: Michael J. Bova, Davey Resource Group
7627 Highway 41, Atascadero CA, 93422
Project Title: PLN 2099-0243 / Tree Removal Permit 2013-0162
Project Location: 900 El Camino Real, Atascadero, California, 93422
APN 049-045-018 (San Luis Obispo County)
940 El Camino Real, Atascadero, CA 93422
APN 049-045-019 (San Luis Obispo County)
Project
Description:
Removal of one 41-inch dbh, multi-stem Coast Live Oak tree that in
conflicting with the location of a Class 1 bikeway connection to the Salinas
River. The tree will be replaced with on-site replantings.
Staff
Recommendation:
Staff recommends approval of the tree removal permit subject to the
conditions of approval and mitigation.
PC Draft Action Minutes of 5/21/13
Page 3 of 5
Senior Planner Taylor gave the staff report and answered questions from the
Commission.
PUBLIC COMMENT
Applicant Jeff Emrick, Garing Taylor and Associates, gave a brief statement about the
project and answered questions from the Commission.
Vice Chairperson Schmidt closed the Public Comment period.
MOTION: By Commissioner Cooper and seconded by Commissioner
Colamarino to adopt PC Resolution 2013-0015 approving PLN
2099-0243/Tree Removal Permit 2013-0162 at 900 El Camino
Real on APN 049-045-018 and 049-045-019 subject to
Conditions of Approval and Mitigation Monitoring.
Motion passed 6:0 by a roll-call vote.
PUBLIC HEARINGS
3. PLN 2013-1450 / CONDITIONAL USE PERMIT 2013-0265, 6625 SANTA CRUZ
ROAD (KIRKPATRICK)
Property
Owner/Applicant:
Michael D. and Jody Kirkpatrick, 6605 Santa Cruz Road, Atascadero, CA
93422
Project Title: PLN 2013-1450 / CUP 2013-0265
Project Location: 6625 Santa Cruz Road, Atascadero, CA 93422
APN 049-092-045 (San Luis Obispo County)
Project
Description:
The application consists of a request to permit a small wine making operation
within an existing 816 square foot detached accessory structure. The operation
will involve the importation of a maximum of ten (10) tons of grapes to be
crushed, fermented, aged and bottled on-site within the existing detached
structure. A maximum of 10,000 bottles or 850 cases will be produced on-site.
There is no proposed tasting room as a part of this application, nor additional
on-site employees. The applicant will pursue Alcohol Beverage Control (ABC)
licenses and bonding for this operation if the proposed project is approved.
General Plan Designation: Residential Estate (RE)
Zoning: Residential Suburban (RS)
Proposed
Environmental
Class 1 categorical exemption for an existing structure and proposed addition to
that structure that does not result in an increase of 2,500 square feet total for
the entire structure.
PC Draft Action Minutes of 5/21/13
Page 4 of 5
DISCLOSURE OF EX PARTE COMMUNICATIONS:
None
Assistant Planner Castillo gave the staff report and answered questions from the
Commission.
PUBLIC COMMENT
Applicant Michael Kirkpatrick made a presentation and answered questions from the
Commission.
Vice Chairperson Schmidt closed the Public Comment period.
MOTION: By Commissioner Colamarino and seconded by Commissioner
Dariz to adopt PC Resolution 2013-0014 approving PLN 2013-
1450 / Conditional Use Permit 2013-0265 at 6625 Santa Cruz
Road on APN 049-092-045 to allow an agriculture processing
(wine making) for commercial purposes within the Residential
Suburban Zone (RS zone) subject to Conditions of Approval
and with an added condition that there will be no on-site sales
of the product allowed.
Motion passed 6:0 by a roll-call vote.
COMMISSIONER COMMENTS AND REPORTS
None
Determination:
Staff
Recommendation:
Staff recommends to the Planning Commission approval of PLN 2013 -1450 /
CUP 2013-0265, to approve a wine making operation in the RS zone, within an
existing detached accessory structure subject to conditions of approval.
PC Draft Action Minutes of 5/21/13
Page 5 of 5
DIRECTORS REPORT
Director Frace stated that the following items will be on the May 28th City Council
agenda: Refuge Church project appeal, a report on the Equestrian Staging
Facility at De Anza, and Southside Villas removal of two deed restricted units.
Director Frace gave an update on the Hoff property and stated that a CUP for
mixed-use retail use is in progress.
Director Frace gave an update on the 3F Meadows road improvement
requirement and that this item will be on a future Planning Commission agenda.
Director Frace gave an update on the Eagle Ranch Scoping meeting and NOP.
The next Planning Commission meeting will be held on June 4, 2013, and the
Commission will hear a Tree Removal Permit. Director Frace reminded the
Commissioners that there will be no meeting on July 2, 2013.
ADJOURNMENT – 7:50 p.m.
The next regular meeting of the Planning Commission is scheduled for June 4, 2013, at
7:00 p.m. at City Hall, Council Chambers, 6907 El Camino Real, Atascadero.
MINUTES PREPARD BY:
_____________________________
Annette Manier, Recording Secretary
t:\~ planning commission\pc minutes\pc minutes 2013\pc draft actn minutes 5 21 13.docx
ITEM NUMBER: ITEM NUMBER: 2
DATE: 6-4-13
Atascadero Planning Commission
Staff Report – Community Development Department
Erick Serrano Planning Intern, 470-3470, eserrano@atascadero.org
Alfredo Castillo, Assistant Planner, 470-3436, acastillo@atascadero.org
PLN 2008-1309 / TRP 2008-0123
Tree Removal Permit
5171 Vega Avenue
SUBJECT:
The proposed project includes a request to remove two (2) 8-inch DBH Blue Oaks, one
(1) 24-inch DBH Live Oak, and one (1) 13-inch DBH Valley Oak located where a newly
proposed single-family residence is to be located. The trees are required to be removed
in order to accommodate construction of the residence. The trees are in poor to
moderate condition, as evaluated by A&T Arborists.
RECOMMENDATION:
Staff Recommends:
The Planning Commission adopt Resolution PC 2013-0017 to allow the removal of two
(2) 8-inch DBH Blue Oaks, one (1) 24-inch DBH Live Oak, and one (1) 13-inch DBH
Valley Oak based on the required findings and subject to conditions of approval and
mitigation.
Situation and Facts:
1. Property Owner/Applicant: Thomas & Gina Carter
6201 Monterey Ct., Atascadero, CA 92422
2. Project Address: 5171 Vega Avenue, Atascadero, CA 93422
(APN 030-161-002) San Luis Obispo County
3. Certified Arborist: Steven G. Alvarez #WC 0511 A&T Arborists
PO Box 1311 Templeton, CA 93465
Chip Tamagni #WE 6436-A A&T Arborists
PO Box 1311 Templeton, CA 93465
ITEM NUMBER: ITEM NUMBER: 2
DATE: 6-4-13
4. General Plan Designation: Single-Family Residential (SFR-Z)
5. Zoning District: Residential Single-Family-Z (RSF-Z)
BACKGROUND:
The applicant is proposing to construct a 3,357 square foot single-family residence on
the 2.225 acre parcel. In order to accommodate the proposed residence, four (4) native
trees are being recommended for removal. The subject trees are considered to be in
poor to moderate health by the arborist report.
ANALYSIS:
An application has been submitted by the owner for the removal of two (2) 8-inch DBH
Blue Oaks, one (1) 24-inch DBH Live Oak, and one (1) 13-inch DBH Valley Oak. The
trees are located to the rear of the property near the proposed single-family residence.
Aerial Image of Property
13’ Valley Oak
8” Blue Oak
8” Blue Oak
24” Live Oak
ITEM NUMBER: ITEM NUMBER: 2
DATE: 6-4-13
The arborist examined the four trees that will be affected by the project. The originally
proposed single-family residence recommended the removal of 30 trees, but a revised
location of the single-family residence will only require the removal of four (4) native
trees. The report identified the four (4) trees recommended for removal to be in poor to
moderate condition. The trees will need to be removed in order to accommodate the
proposed construction.
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
Evergreen Native Trees (inches)Deciduous Native Trees (inches)Totals
dbh notes dbh notes
1 8-inches Blue Oak #5 1 13 Valley Oak #13
2 8-inches Blue Oak #88
3 24-inches Live Oak #76
Total 40-inches Total 13-inches 53-inches
Mitigation Requirement
req'd tree replacements:7 five gal trees req'd tree replacements:4 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 7 five gal trees Remaining Mitigation 4 five gal trees 11 five gal trees
Tree Fund Payment:333.33$ Tree Fund Payment:216.67$ 550.00$
ITEM NUMBER: ITEM NUMBER: 2
DATE: 6-4-13
$550.00 into the tree fund or provide native tree plantings on-site with either eleven (11)
five-gallon (5) trees, or may elect to plant larger trees to reduce the amount of mitigation
and plant enough trees to avoid the mitigation fee. The applicant has not indicated
whether fees will be paid, or a combination of planting and fees will be paid and planted.
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 be a report from the site
planner and determined by the Community Development Department based on
the following factors:
Early consultation with the City;
Consideration of practical design alternatives;
Provision of cost comparison (from applicant) for practical design alternatives;
If saving the trees eliminates all reasonable uses of the property; or
If saving the trees requires the removal of more desirable trees.
CONCLUSIONS:
Certified Arborists have determined that the two (2) 8-inch DBH Blue Oaks, one (1) 24-
inch Live Oak, and one (1) 13-inch DBH Valley Oak are to be removed in order to allow
for the development of the proposed single-family residence. The trees are in poor to
moderate health and must be removed to accommodate the proposed construction
project. Based on the arborist’s evaluation and 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.
Bond payment for tree #31, impacted 45% :
ITEM NUMBER: ITEM NUMBER: 2
DATE: 6-4-13
ATTACHMENTS:
Attachment 1 – Location Map (General Plan & Zoning)
Attachment 2 – Site Photos
Attachment 3 – Arborist Report
Attachment 4 – Draft Resolution PC 2013-0017
ITEM NUMBER: ITEM NUMBER: 2
DATE: 6-4-13
ATTACHMENT 1: Location Map (Zoning Map)
PLN 2008-1309 / TRP 2008-0123
5171 Vega Ave.
General Plan Designation: Single-Family Residential (SFR-Z)
Zoning District: Residential Single-Family-Z (RSF-Z)
13’ Valley Oak
8” Blue Oak
8” Blue Oak
24” Live Oak
ITEM NUMBER: ITEM NUMBER: 2
DATE: 6-4-13
ATTACHMENT 2: Site Photos
PLN 2008-1309 / TRP 2008-0123
5171 Vega Ave.
ITEM NUMBER: ITEM NUMBER: 2
DATE: 6-4-13
ATTACHMENT 2: Site Photos
PLN 2008-1309 / TRP 2008-0123
5171 Vega Ave.
ITEM NUMBER: ITEM NUMBER: 2
DATE: 6-4-13
ATTACHMENT 3: Arborist Report
PLN 2008-1309 / TRP 2008-0123
5171 Vega Ave.
ITEM NUMBER: ITEM NUMBER: 2
DATE: 6-4-13
ATTACHMENT 3: Arborist Report
PLN 2008-1309 / TRP 2008-0123
5171 Vega Ave.
ITEM NUMBER: ITEM NUMBER: 2
DATE: 6-4-13
ATTACHMENT 3: Arborist Report
PLN 2008-1309 / TRP 2008-0123
5171 Vega Ave.
ITEM NUMBER: ITEM NUMBER: 2
DATE: 6-4-13
ATTACHMENT 3: Arborist Report
PLN 2008-1309 / TRP 2008-0123
5171 Vega Ave.
ITEM NUMBER: ITEM NUMBER: 2
DATE: 6-4-13
ATTACHMENT 3: Arborist Report
PLN 2008-1309 / TRP 2008-0123
5171 Vega Ave.
ITEM NUMBER: ITEM NUMBER: 2
DATE: 6-4-13
ATTACHMENT 3: Arborist Report
PLN 2008-1309 / TRP 2008-0123
5171 Vega Ave.
ITEM NUMBER: ITEM NUMBER: 2
DATE: 6-4-13
ATTACHMENT 3: Arborist Report
PLN 2008-1309 / TRP 2008-0123
5171 Vega Ave.
ITEM NUMBER: ITEM NUMBER: 2
DATE: 6-4-13
ATTACHMENT 3: Arborist Report
PLN 2008-1309 / TRP 2008-0123
5171 Vega Ave.
ITEM NUMBER: ITEM NUMBER: 2
DATE: 6-4-13
ATTACHMENT 3: Arborist Report
PLN 2008-1309 / TRP 2008-0123
5171 Vega Ave.
ITEM NUMBER: ITEM NUMBER: 2
DATE: 6-4-13
ATTACHMENT 3: Arborist Report
PLN 2008-1309 / TRP 2008-0123
5171 Vega Ave.
ITEM NUMBER: ITEM NUMBER: 2
DATE: 6-4-13
ATTACHMENT 3: Arborist Report
PLN 2008-1309 / TRP 2008-0123
5171 Vega Ave.
ITEM NUMBER: ITEM NUMBER: 2
DATE: 6-4-13
ATTACHMENT 4: Draft Resolution PC 2013-0017
PLN 2008-1309 / TRP 2008-0123
5171 Vega Ave.
DRAFT RESOLUTION NO. PC 2013-0017
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ATASCADERO APPROVING PLN 2008-1309
TRP 2008-0123, TO ALLOW THE REMOVAL OF TWO (2) BLUE OAKS
TOTALLING 16 INCHES DBH
AND
ONE LIVE OAK MEASURING 24 INCHES DBH
AND
ONE VALLEY OAK MEASURING 13 INCHES DBH
LOCATED AT 5171 VEGA AVENUE
APN 030-161-002
WHEREAS, an application was received from Thomas and Gina Carter, 6201 Monterey
Ct., Atascadero, CA 93422 (Applicant/Owner), for a Tree Removal Permit to remove two (2)
Blue Oak totaling 16-inches DBH; one (1) Like Oak totaling 13-inches DBH; one (1) Valley
Oak measuring 13-inches DBH; and,
WHEREAS, the Planning Commission reviewed the proposed Tree Removal Permit
application on June 4, 2013, 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 be a report from the site planner and determined by the
Community Development Department
Early consultation with the City;
Consideration of practical design alternatives;
Provision of cost comparison (from applicant) for practical design alternatives;
If saving the trees eliminates all reasonable uses of the property; or
If saving the trees requires the removal of more desirable trees.
ITEM NUMBER: ITEM NUMBER: 2
DATE: 6-4-13
SECTION 2. Approval. The Planning Commission of the City of Atascadero, in a
regular session assembled on June 4, 2013, resolved to approve Tree Removal Permit 2008-
0123, subject to the following:
EXHIBIT A: Conditions of Approval
EXHIBIT B: Tree Mitigation Chart
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: 2
DATE: 6-4-13
EXHIBIT A: Conditions of Approval / Mitigation Monitoring
PLN 2008-1309 / TRP 2008-0123
5171 Vega Ave.
Conditions of Approval
PLN 2008-1309 / TRP 2008-0123
5171 Vega Ave.
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. The applicant shall pay $550.00 into the tree mitigation fund and/or replant
native trees on subject property prior to removal any native trees, or replant
eleven (11) five-gallon (5) native trees that are similar to the native trees
being removed or any combination thereof. Fee/replanting shall be
identified by property owner prior to issuance of building permit.
Tree removal PS
ITEM NUMBER: ITEM NUMBER: 2
DATE: 6-4-13
EXHIBIT B: Tree Mitigation Chart
\\cityhall\cdvlpmnt\- 12 plns\pln 2013-1454 TRP 7640 Valle Tree Removal-sr.ac.docx
Bond payment for tree #31, impacted 45% :
Evergreen Native Trees (inches)Deciduous Native Trees (inches)Totals
dbh notes dbh notes
1 8-inches Blue Oak #5 1 13 Valley Oak #13
2 8-inches Blue Oak #88 2
3 24-inches Live Oak #76 3
15 15
Total 40-inches Total 13-inches 53-inches
Mitigation Requirement
req'd tree replacements:7 five gal trees req'd tree replacements:4 five gal trees
Proposed Replanting 0 five gal trees Proposed Replanting 0 five gal trees 0 five gal trees
0 fifteen gal trees 0 fifteen gal trees 0 fifteen gal trees
0 box trees (24'')0 box trees (24'')0 box trees (24'')
Remaining Mitigation 7 five gal trees Remaining Mitigation 4 five gal trees 11 five gal trees
Tree Fund Payment:333.33$ Tree Fund Payment:216.67$ 550.00$
ITEM NUMBER: ITEM NUMBER: 3
DATE: 6-4-13
Atascadero Planning Commission
Staff Report – Community Development Department
Callie Taylor, Senior Planner, 470-3448, ctaylor@atascadero.org
PLN 2013-1464 / TRP 2013-0163
Tree Removal Permit
1610 El Camino Real
(Ourston / TJM Real Estate, LLC)
SUBJECT:
The proposed project includes a request to remove one (1) 40-inch DBH Valley Oak,
located to the rear of the property at 1610 El Camino Real. The property is proposed to
be used as a temporary event space, and the applicant has stated that th e tree creates
a safety concern.
RECOMMENDATION:
Staff Recommends:
Planning Commission adopt Resolution PC 2013-0016 to allow the removal of one (1)
40-inch DBH Valley Oak based on the required findings and subject to conditions of
approval and mitigation.
Situation and Facts:
1. Property Owner: TJM Real Estate LLC
P.O. Box 1827, Atascadero, CA 93423
2. Applicant: Kurt Ourston
974 Griffin St., Grover Beach, CA 93433
3. Project Address: 1610 El Camino Real, Atascadero, CA 93422
(APN 049-131-045) San Luis Obispo County
4. Certified Arborist: Steven G. Alvarez #WE-0511A, A&T Arborist
1565 El Camino Real, Atascadero, CA 93422
5. General Plan Designation: Commercial Park (CPK)
ITEM NUMBER: ITEM NUMBER: 3
DATE: 6-4-13
6. Zoning District: Commercial Park (CPK)
ANALYSIS:
The applicant is proposing to use the project site for a temporary event for Halloween,
known as the Scare Park, which would run for several weekends in October. The
subject site is currently developed with one single-family residence. Parking for the
temporary event would be located on the vacant lot to the north. Outdoor event space
would be located behind the existing single-family residence.
In order to accommodate the temporary events, the applicant is requesting the removal
of one (1) 40-inch DBH Valley Oak. The tree is located to the rear of the property.
Aerial Photo of Property: 1610 El Camino Real
40” Valley Oak
proposed for
removal
ITEM NUMBER: ITEM NUMBER: 3
DATE: 6-4-13
The arborist has stated that the oak is leaning and has poor structure. There was a n
adjacent tree that was previously located next to this one that fell a few years ago. The
applicant has stated that the tree creates a safety concern for the temporary event that
will take place at the project site. Currently, there are no structures, parking lots, or site
uses which would be affected by the tree, and therefore the tree is not considered a
hazard. A hazardous tree evaluation form was not completed by the arborist.
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)
40” Valley Oak Proposed for Removal
ITEM NUMBER: ITEM NUMBER: 3
DATE: 6-4-13
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 of new
native trees on site, or payment of fees to the tree fund. The native tree replacement
standards allow either a mitigation payment of $1,333.33 into the tree fund, or planting
twenty-seven (27) five-gallon native trees on site.
Evergreen Native Trees (inches)Deciduous Native Trees (inches)Totals
dbh notes dbh notes
1 1 40-inches Valley Oak
2 2
3 3
4 4
5 5
6 6
Total 0-inches Total 40-inches 40-inches
Mitigation Requirement
req'd tree replacements: 0 five gal trees req'd tree replacements: 27 five gal trees 27 five gal trees
Proposed Replanting 0 five gal trees Proposed Replanting 0 five gal trees 0 five gal trees
0 box trees (24'')0 box trees (24'')0 box trees (24'')
Remaining Mitigation 0 five gal trees Remaining Mitigation 27 five gal trees 27 five gal trees
Tree Fund Payment:-$ Tree Fund Payment:1,333.33$ 1,333.33$
Do to the location and highway visibility of this site, staff recommends that a portion of
the mitigation be done through replanting in order to mitigate the visual loss of the large
oak tree along the HWY 101 frontage. Staff has included a condition of approval which
requires at least eight (8) Live Oak trees to be planted along the HWY 101 frontage.
Since the majority of the site is proposed for use for the temporary event, staff has
conditioned that no more than 14 trees be planted towards the mitigation payment. Two
(2) 15-gallon native trees may substitute for two (2) 5-gallons to reduce the number of
plantings. Irrigation shall be provided to all new plantings. The applicant shall provide
the combination of mitigation fees and replantings prior to removal of the existing 40
inch valley oak tree.
ITEM NUMBER: ITEM NUMBER: 3
DATE: 6-4-13
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. While proposed construction will not directly
impact the tree, the tree does conflict with the applicant’s use of the site for the
proposed temporary event.
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 of a 40-inch DBH valley oak
at 1610 El Camino Real. The applicant has stated that the tree must be removed in
order to utilize the site for the proposed temporary event, as there is concern that the
tree could become a safety issue if the area around the tree is occupied during an
event. 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 – Site Photos
Attachment 3 – Draft Resolution PC 2013-0016
Bond payment for tree #31, impacted 45% :
ITEM NUMBER: ITEM NUMBER: 3
DATE: 6-4-13
ATTACHMENT 1: Location Map (Zoning Map)
PLN 2013-1464 / TRP 2013-0163
1610 El Camino Real
General Plan Designation: Commercial Park (CPK)
Zoning District: Commercial Park (CPK)
1610 El Camino Real
ITEM NUMBER: ITEM NUMBER: 3
DATE: 6-4-13
ATTACHMENT 2: Site Photos
PLN 2013-1464 / TRP 2013-0163
1610 El Camino Real
ITEM NUMBER: ITEM NUMBER: 3
DATE: 6-4-13
ATTACHMENT 3: Draft Resolution PC 2013-0016
PLN 2013-1464 / TRP 2013-0163
1610 El Camino Real
DRAFT RESOLUTION NO. PC 2013-0016
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ATASCADERO APPROVING PLN 2013-1464 / TRP 2013-0163,
TO ALLOW THE REMOVAL OF ONE (1) VALLEY OAK
TOTALING 40-INCHES DBH
LOCATED AT 1610 EL CAMINO REAL
APN 049-131-045
WHEREAS, an application was received from Kurt Ourston, 974 Griffin St., Grover
Beach, CA 93433, (Applicant) and TJM Real Estate LLC, P.O. Box 1827, Atascadero, CA
93423 (owner) for a Tree Removal Permit to remove one (1) Valley Oak totaling 40 inches
DBH; and,
WHEREAS, the Planning Commission reviewed the proposed Tree Removal Permit
application on June 4, 2013, 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 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 June 4, 2013, resolved to approve Tree Removal Permit 2013-
0163, subject to the following:
EXHIBIT A: Conditions of Approval
EXHIBIT B: Tree Mitigation Chart
ITEM NUMBER: ITEM NUMBER: 3
DATE: 6-4-13
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: 6-4-13
EXHIBIT A: Conditions of Approval / Mitigation Monitoring
PLN 2013-1464 / TRP 2013-0163
Conditions of Approval
PLN 2013-1464 / TRP 2013-0163
1610 El Camino Real
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. The applicant shall mitigate the tree removals with a combination of
fees and replanting per the native tree standards.
At least eight (8) Live Oak trees shall be planted along the HWY 101
frontage. No more than fourteen (14) trees shall be planted towards
the mitigation payment.
One (1) 15-gallon native tree may substitute for two (2) 5-gallons to
reduce the number of plantings needed to meet the mitigation
requirement.
Irrigation shall be provided to all new plantings.
The applicant shall provide the combination of mitigation fees and
replantings prior to removal of the existing 40 inch valley oak tree.
Tree removal PS
ITEM NUMBER: ITEM NUMBER: 3
DATE: 6-4-13
EXHIBIT B: Tree Mitigation Chart
Evergreen Native Trees (inches)Deciduous Native Trees (inches)Totals
dbh notes dbh notes
1 1 40-inches Valley Oak
2 2
3 3
4 4
5 5
6 6
Total 0-inches Total 40-inches 40-inches
Mitigation Requirement
req'd tree replacements: 0 five gal trees req'd tree replacements: 27 five gal trees 27 five gal trees
Proposed Replanting 0 five gal trees Proposed Replanting 0 five gal trees 0 five gal trees
0 box trees (24'')0 box trees (24'')0 box trees (24'')
Remaining Mitigation 0 five gal trees Remaining Mitigation 27 five gal trees 27 five gal trees
Tree Fund Payment:-$ Tree Fund Payment:1,333.33$ 1,333.33$
Per condition #4:
Plant between 8 to 14 native trees (either 5-gallon or 15-gallon) and balance of
mitigation requirement to be paid in tree mitigation
t:\- 13 plns\pln 2013-1464 trp & temp event-scare park\tree removal\pln 2013-1464 scare park tree removal-sr.docx
Bond payment for tree #31, impacted 45% :