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CITY OF ATASCADERO
PLANNING COMMISSION AGENDA
Regular Meeting
Tuesday, December 17, 2013 – 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 David Bentz
Vice Chairperson Dennis Schmidt
Commissioner Duane Anderson
Commissioner Len Colamarino
Commissioner Christian Cooper
Commissioner Mark Dariz
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
City of Atascadero Planning Commission Agenda Regular Meeting, December 17, 2013
Page 2 of 4
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CONSENT CALENDAR
(All items on the consent calendar are considered to be routine and no n-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 NOVEMBER 19, 2013.
2. APPROVAL OF PLANNING COMMISSION MEETING SCHEDULE FOR 2014
COMMUNITY DEVELOPMENT STAFF REPORTS
3. PLN 2013-1486 / TREE REMOVAL PERMIT FOR 6950 LOS GATOS ROAD
Property
Owner/Applicant:
Brandon Pahler, 9480 Atascadero Ave., Atascadero, CA 93422
Certified Arborist: Cory Meyer, 7345 Pinal Ave., Atascadero, CA 93422
Project Title: PLN 2013-1486 / TRP 2013-0167
Project Location: 6950 Los Gatos Ave., Atascadero, CA 93422
San Luis Obispo County (APN 054-121-035)
Project Description:
The proposed project consists of an application to allow for the removal of one (1)
36-inch Valley Oak tree for the construction of a storm water basin and single-family
home on a vacant lot at 6950 Los Gatos Avenue.
General Plan Designation: SFR-Z
Zoning District: RSF-Z
Staff
Recommendation:
Staff recommends removal of one (1) 36-inch Valley based on findings that 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 subject to conditions and
mitigation.
4. REVIEW OF DEVELOPMENT PROJECTS - 2013
PUBLIC HEARINGS
None
City of Atascadero Planning Commission Agenda Regular Meeting, December 17, 2013
Page 3 of 4
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COMMISSIONER COMMENTS AND REPORTS
DIRECTOR’S REPORT
ADJOURNEMENT
The next regular meeting of the Planning Commission is scheduled for January 7, 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.
t:\~ planning commission\pc agendas\pc 2013\pc agenda. am.12-17-13.docx
City of Atascadero Planning Commission Agenda Regular Meeting, December 17, 2013
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 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, 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 m eeting 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 Co mmission 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 conce rning 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 11/19/13
Page 1 of 8
CITY OF ATASCADERO
PLANNING COMMISSION
DRAFT ACTION MINUTES
Regular Meeting – Tuesday, November 19, 2013 – 7:00 P.M.
City Hall Council Chambers
6500 Palma Avenue, Atascadero, California
CALL TO ORDER - 7:01 p.m.
Chairperson Bentz called the meeting to order at 7:01 p.m. and Vice Chairperson
Schmidt led the Pledge of Allegiance.
ROLL CALL
Present: Commissioners Colamarino, Cooper, Dariz, Wolff, Vice
Chairperson Schmidt, and Chairperson Bentz
Absent: Commissioner Anderson (excused absence)
Others Present: Recording Secretary Annette Manier
Staff Present: Community Development Director Warren Frace
Senior Planner Callie Taylor
Assistant Planner Alfredo Castillo
APPROVAL OF AGENDA
MOTION: By Commissioner Dariz and seconded by Commissioner
Colamarino to approve the agenda.
Motion passed 6:0 by a roll-call vote.
PUBLIC COMMENT
None
Chairperson Bentz closed the Public Comment period.
ITEM NUMBER: ITEM NUMBER: 1
DATE: 12-17-13
PC Draft Action Minutes of 11/19/13
Page 2 of 8
PLANNING COMMISSION BUSINESS
None
CONSENT CALENDAR
1. APPROVAL OF ACTION MINUTES OF THE REGULAR PLANNING
COMMISSION MEETING ON NOVEMBER 5, 2013.
2. APPROVAL OF FINAL MAP 2013-0177, 3850 MONTEREY ROAD (HAWKINS)
MOTION: By Vice Chairperson Schmidt and seconded by
Commissioner Dariz to approve the consent
calendar.
Motion passed 6:0 by a roll-call vote.
COMMUNITY DEVELOPMENT STAFF REPORTS
None
PUBLIC HEARINGS
3. PLN 2013-1482 / CONDITIONAL USE PERMIT FOR 3220 EL CAMINO REAL
CIDER BREWERY AND TASTING
Property Owner: Jerry Stockle, 22840 El Camino Real, Atascadero, CA 93422
Applicant: Neil Collins, 9349 Adelaida Road, Paso Robles, CA 93446
Project Title: PLN 2013-1482 / CUP 2013-0275 Brewery & Tasting Facility
Project Location: 3220 El Camino Real, Atascadero, CA 93422
APN 049-214-013 (San Luis Obispo County)
Project
Description:
Conditional Use Permit application submitted in order to open a cider brewery and tasting
room at 3220 El Camino Real. Breweries are an allowed use in the CPK zoning district,
however, wine, beer, or cider tasting facility is a conditional use requiring Planning
Commission approval.
General Plan Designation: Commercial Park (CPK)
Zoning: Commercial Park (CPK)
Proposed
Environmental
Determination:
The proposed business qualifies for a Categorical Exemption (Class 1, Section 15301)
under CEQA, which exempts the leasing, licensing or minor alteration of existing
structures or facilities.
Recommendation: Staff recommends Planning Commission adopt PC Resolution 2013-0029, approving a
brewery and tasting facility at 3220 El Camino Real based on the findings and subject to
conditions of approval.
PC Draft Action Minutes of 11/19/13
Page 3 of 8
DISCLOSURE OF EX PARTE COMMUNICATIONS:
None
Senior Planner Taylor gave the staff report, and answered question from the
Commission.
PUBLIC COMMENT
The following persons spoke during public comment: Neil Collins. Mr. Collins
answered questions from the Commission.
Chairperson Bentz closed the public comment period.
MOTION: By Commissioner Colamarino and seconded by
Vice Chairperson Schmidt to approve PC
Resolution 2013-0029 approving PLN 2013-
1482/CUP 2013-0275 to allow an alcoholic
beverage brewery, winery, and tasting facility in
the Commercial Park zone at APN 049-214-013 at
3220 El Camino Real, based upon findings and
subject to conditions of approval.
Motion passed 6:0 by a roll-call vote.
4. PLN 2013-1479, CONDITIONAL USE PERMIT AMENDMENTS FOR CHALK
MOUNTAIN CELL SITE (VISTA BONITA)
Property Owner: Michael Frederick, PO Box 573, Atascadero, CA 93423
Applicants: Verizon Wireless, 2785 Mitchell Dr. Bldg. 9, Walnut Creek, CA 94598
Tricia Knight, 234 Seacliff Dr., Pismo Beach, CA 93449 in care of AT&T Wireless and
Sprint Wireless Communications
Project Title: PLN 2013-1479 / Amendments to Cell Sites on Vista Bonita
Project Location: 9550, 9575, 9230 Vista Bonita, Atascadero, CA 93422 (Chalk Mountain)
APN 030-441-023 (San Luis Obispo County)
Project
Description:
Applications consist of upgrades to existing co-located cellular facilities at Chalk
Mountain for AT&T Wireless, Verizon Wireless and Sprint. Proposed upgrades at the
existing facility include the following:
Verizon Wireless (CUP 2000-0009 Amendment):
Installation of a new 30 kw/132 gallon diesel tank UL2200 standby generator.
This part of the project requires a service trench for new generator conduits, a
+/- 9’3” retaining wall, and an 8’0” high chain link fence with slats.
Three (3) panel antennas removed and replaced by three (3) new Verizon
Wireless panel antennas for Long Term Evolution (LTE) implementation.
PC Draft Action Minutes of 11/19/13
Page 4 of 8
DISCLOSURE OF EX PARTE COMMUNICATIONS:
None
Assistant Planner Castillo gave the staff report, and answered question from the
Commission.
PUBLIC COMMENT
The following persons spoke during public comment: Tricia Knight (representing Sprint
and AT&T) and Jennifer Hightower (representing Verizon). Ms. Knight and Ms.
Hightower answered questions from the Commission.
Chairperson Bentz closed the public comment period.
Equipment upgrades at existing Verizon Wireless equipment shelter.
Sprint (CUP 2001-0028 Amendment):
Removal of three (3) existing panel antennas and replaced by three (3) new
panel antennas. Installation of the new panels and pipe mast with footings will
increase the height of the existing cell towers from 15’ to 16’ for better wireless
reception and implementation of LTE service.
Removal and replacement of two cabinets at the operator’s shelter.
Requesting additional GPS antenna for a total of two antennas at the sight.
AT&T Wireless (2000-0019 Amendment):
Applicant proposes installing three (3) new monopoles. The existing pole will
have two (2) panel antennas removed and replaced. A total of twelve (12) new
panel antennas will be mounted to new and existing mount poles for LTE
implementation.
Equipment upgrades at existing AT&T Wireless equipment shelter
Proposed decommission of “2G” wireless antennas and equipment to free
bandwidth to accommodate LTE antennas.
General Plan Designation: Single-Family Residential (SFR-Y)
Zoning: Residential Single-Family (RSF-Y)
Proposed
Environmental
Determination:
Consistent with previously Certified Mitigated Negative Declarations 2000-016.
Recommendation: Staff recommends the Planning Commission adopt PC Resolution 2013-0030, 2013-
0031, 2013-0032 based on findings and with conditions to allow for upgrades of existing
co-located cellular facilities at Chalk Mountain for AT&T Wireless, Verizon Wireless and
Sprint.
PC Draft Action Minutes of 11/19/13
Page 5 of 8
MOTION: By Vice Chairperson Schmidt and seconded by
Chairperson Bentz to approve PC Resolution
2013-0030 approving an Amendment to CUP 2000-
0009 to allow for the modifications and expansion
of existing cellular facilities for Verizon
Communications in the Residential Single-Family
Zone at APN 030-441-023 at 9230 Vista Bonita
Ave. with the modification to provide earth tone
coloring on the new construction subject to
conditions of approval, mitigation monitoring, and
based on findings.
Motion passed 6:0 by a roll-call vote.
MOTION: By Vice Chairperson Schmidt and seconded by
Chairperson Bentz to approve PC Resolution
2013-0031 approving an Amendment to CUP 2000-
0019 to allow modifications and expansion of
existing cellular facilities for AT&T in the
Residential Single-Family Zone at APN 030-441-
023 at 9550 Vista Bonita Ave with the modification
to provide earth tone coloring on the new
construction subject to conditions of approval,
mitigation monitoring, and based on findings.
Motion passed 6:0 by a roll-call vote.
MOTION: By Vice Chairperson Schmidt and seconded by
Chairperson Bentz to approve PC Resolution
2013-0032 approving an Amendment to CUP 2001-
0028 to allow modifications and expansion of
existing cellular facilities for Sprint
Communications in the Residential Single-Family
Zone at APN 030-441-023 at 9575 Vista Bonita
Ave. with the modification to provide earth tone
coloring on the new construction subject to
conditions of approval, mitigation monitoring, and
based on findings.
Motion passed 6:0 by a roll-call vote.
PC Draft Action Minutes of 11/19/13
Page 6 of 8
5. PLN 2008-1314, AMENDMENT TO DOVE CREEK COMMERCIAL CENTER
DISCLOSURE OF EX PARTE COMMUNICATIONS:
None
Director Frace gave the staff report, and stated that the property currently has a
condition written in that the property would transfer to the City on July 1, 2016 if no
commercial permits were issued. Mr. Frace answered question from the Commission.
Director Frace stated that the Amendment is consistent with economic priorities, and
changes have been reviewed by the City Attorney. This project will also need to go to
City Council for approval.
Chairperson Bentz explained that the City would not have to pay property taxes on this
property, nor would the City have to pay back taxes.
Commissioner Colamarino explained his reasoning for having hesitation in regards to
voting in favor of the item as follows:
If the City owns the property, the City would get no benefit from having the
property go back to a private developer, especially if the City would not be facing
a tax burden. He’s at a loss to figure out economic developments in the deal.
Reverter right could be valuable and owning it would not face tax burden.
Property Owner: Atascadero Partners, LLC c/o Art Burke, 5383 Hollister Ave., #150, Santa Barbara, CA
93111
Applicant Benjamin Efraim, Fortune Companies, 5423 Village Road, Suite 22, Long Beach, CA
90808
Project Title: PLN 2008-1314 Amendment to Dove Creek Commercial Center
Project Location: Northwest corner of El Camino Real and Santa Barbara Road
11600 El Camino Real, Atascadero, CA 93422
APN 045-331-014 (San Luis Obispo County)
Project
Description:
The proposed project consists of a request to amend condition #10 of the
conditions of approval for the Dove Creek Commercial Center.
General Plan Designation: Mixed Use - Planned Development
Zoning: Commercial Retail - PD12
Proposed
Environmental
Determination:
Consistent with Certified Mitigated Negative Declaration for Dove Creek Planned
Development
Recommendation: The Design Review Committee is recommending approval of the change to condition
#10.
PC Draft Action Minutes of 11/19/13
Page 7 of 8
Advisability is missing. Too many nodes already. A lot of commercial property
could be developed. Why are we pushing to have another node built? City is
giving up a valuable right. Owning a property in the future will be consistent w ith
that objective. This deal does not make sense economically for the City.
He would rather see a park or equestrian center. If the City was the owner, we
could offer incentives to encourage development.
We are giving up a clear cut legal right of a reverter of this property. That
reverter was included in the Master Plan , so he’s not clear on what the City gets
in terms of compensation; it’s puzzling to see us handing this back.
Has concerns with neighborhood compatibility, and would rather do
neighborhood outreach before moving forward.
Director Frace responded to Commissioner Colamarino’s concerns and stated that this
is a policy decision, and that acquisition of this property would likely not be cheap or
easy.
PUBLIC COMMENT
The following persons spoke during public comment: Ben jamin Efraim, Fortune
Companies, (applicant), and Peter Easy (resident).
Mr. Efraim answered questions from the Commission and responded to Commissioner
Colamarino’s concerns. Mr. Efraim stated that his attorney has worked with the City
Attorney on this matter. Director Frace addressed Mr. Easy’s concerns.
Chairperson Bentz closed the public comment period.
A motion was made by Vice Chairperson Schmidt, and discussion ensued. Director
Frace and Benjamin Efraim provided clarification to more questions.
MOTION: By Vice Chairperson Schmidt and seconded by
Chairperson Bentz to approve PC Resolution
2013-0033 a resolution to recommend that the City
Council approve an Amendment to the conditions
of approval for the commercial portion of
Conditional Use Permit 2003-0099 (Master Plan of
Development) (PLN 2008-1314) on APN 045-331-
014 at Santa Barbara Road and El Camino Real
(Fortune Companies), subject to Conditions of
Approval and Mitigation Monitoring.
Motion passed 5:1 by a roll-call vote. (Colamarino
voted no)
PC Draft Action Minutes of 11/19/13
Page 8 of 8
COMMISSIONER COMMENTS AND REPORTS
6. DISCUSSION OF 11/14/13 MOBILE MEETING PROJECT WITH CITY
COUNCIL.
Commissioners commented on the tour and how enjoyable, productive,
and meaningful it was. The commissioners agreed that it should be done
more often.
COMMISSIONER COMMENTS AND REPORTS
None
DIRECTORS REPORT
Director Frace stated that Strategic Planning will come up in Early 2014.
The Climate Action Plan will go to City Council in January 2014 for final approval.
Director Frace stated that there is an appeal hearing on the Millhollin Mine
scheduled for December 10, 2013.
Director Frace stated that the next meeting will be held on Dec. 3, 2013, but
currently, there are no items for the agenda, so it may be cancelled.
ADJOURNMENT – 8:47 p.m.
The next regular meeting of the Planning Commission is scheduled for December 3,
2013, at 7:00 p.m. at City Hall, Council Chambers, 6500 Palma Avenue, Atascadero.
MINUTES PREPARD BY:
_____________________________
Annette Manier, Recording Secretary
ITEM NUMBER: 2
DATE: 12-17-13
C I T Y O F A T A S C A D E R O
COMMUNITY DEVELOPMENT DEPARTMENT
6500 PALMA AVE., ATASCADERO, CA 93422 (805) 461-5000 FAX (805) 461-7612
D R A F T
Planning Commission Meeting Schedule 2014
MEETING DATE MEETING TYPE TIME LOCATION:
Historic City Hall
6500 Palma Ave.,
Atascadero CA 93422
January 7 Regular 7:00p.m. “
January 21 Regular 7:00 p.m. “
February 4 Regular 7:00 p.m. “
February 18 Regular 7:00 p.m. “
March 4 Regular 7:00 p.m. “
March 18 Regular 7:00 p.m. “
April 1 Regular 7:00 p.m. “
April 15 Regular 7:00 p.m. “
May 6 Regular 7:00 p.m. “
May 20 Regular 7:00 p.m. “
June 3 Regular 7:00 p.m. “
June 17 Regular 7:00 p.m. “
July 1 Regular 7:00 p.m. “
July 15 Regular 7:00 p.m. “
August 5 Regular 7:00 p.m. “
August 19 Regular 7:00 p.m. “
September 2 Regular 7:00p.m. “
September 16 Regular 7:00 p.m. “
October 7 Regular 7:00 p.m. “
October 21 Regular 7:00 p.m. “
November 4 Regular 7:00 p.m. “
November 18 Regular 7:00 p.m. “
December 2 Regular 7:00 p.m. “
December 16 Regular 7:00 p.m. “
t:\~ planning commission\pc meeting schedule\pc meeting schedule 2014.am.docx
ITEM NUMBER: ITEM NUMBER: 3
DATE: 12-17-13
Atascadero Planning Commission
Staff Report – Community Development Department
Alfredo R. Castillo, AICP, Assistant Planner, 470-3436, acastillo@atascadero.org
PLN 2013-1486
Tree Removal Permit
6950 Los Gatos Avenue
Pahler/ Meyer Tree Consulting
SUBJECT:
The proposed project includes a request to remove one (1) 36-inch DBH Valley Oak to
accommodate construction of a proposed stormwater basin is to be located and is and
new single-family residence on a vacant lot.
RECOMMENDATION:
Staff Recommends:
The Planning Commission adopt Resolution PC 2013-0034 to allow the removal of one
(1) one 36-inch DBH Valley Oak, based on required findings and subject to conditions of
approval and mitigation.
Situation and Facts:
1. Property Owner/Applicant: Brandon Pahler
9480 Atascadero Avenue, Atascadero, CA 93422
2. Project Address: 6950 Los Gatos Avenue, Atascadero, CA 93422
(APN 045-121-035) San Luis Obispo County
3. Certified Arborist: Cory Meyer # 7678A, Meyer Tree Consulting
7345 Pinal Avenue, Atascadero, CA 93422
4. General Plan Designation: Residential Estate (RE)
5. Zoning District: Residential Suburban (RS)
ITEM NUMBER: ITEM NUMBER: 3
DATE: 12-17-13
BACKGROUND:
The applicant is proposing to construct a new 2,504 square foot (sf) single-family
residence with a 900 sf attached garage on a vacant lot. The applicant has proposed
grading of 230 cubic yards as a part of construction which will be spread on -site. The
applicant has submitted for a building permit (BLD 2013 -11194) and has worked with
staff to resolve issues regarding tree removal and tree protection during construction of
the proposed residence.
ANALYSIS:
An application has been submitted by the owner for the removal of one (1) 36-inch DBH
Valley Oak. The proposed tree to be removed is located near the proposed stormwater
detention basin. A detention basin is required per the City’s St ormwater Management
Plan when a project exceeds 1,000 sf of impervious surface and is consistent with
interim Low Impact Development implementation that is required by the Regional Water
Quality Control Board (RWQCB). An existing drainage swale is located on-site that
currently runs towards a blueline creek which is located to the west of the property.
The proposed residence has been sited near Los Gatos Avenue to minimize grading,
native tree impacts, and impacting the existing drainage swale that is on -site. An
Arborist Report has been provided that shows impacts to native trees due to grading
and other site prep work with appropriate mitigation measures.
Aerial Image of Property
36” Valley Oak
ITEM NUMBER: ITEM NUMBER: 3
DATE: 12-17-13
The arborist has determined that the construction impacts would affect 35% or more of
the critical root zone for the proposed tree to be removed and would be severe enough
to cause the tree to be stressed and go into decline. The proposed Valley Oak is
currently leaning towards the proposed residence with the good portion of the
residence’s foundation would cover a significant amount of the tree’s root zone. The
tree also has been noted to have a major branch that is a poor attachment and may be
a hazard in the future.
Staff has analyzed the proposed site location of the residence and drainage basin. Due
to the large amount of native tree vegetation in the rear of the lot as well as the existing
drainage swale on the south portion of the lot near San Marcos Road, the current
configuration of the proposed residence is the environmentally superior location. Staff
did explore rotating the residence to avoid impact and removal of the tree, however ,
additional impacts would be created on additional native t rees that currently have no
impact based on the proposed site and grading plan.
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
$600 into the tree fund or provide native tree plantings on-site with either twelve (12)
five-gallon (5) trees, or may elect to plant larger trees to reduce the amount of mitigation
and plant enough trees to avoid the mitigation fee. The applicant has not indicated
whether fees will be paid, or a combination of planting and fees will be paid and planted.
ITEM NUMBER: ITEM NUMBER: 3
DATE: 12-17-13
Evergreen Native Trees (inches)Deciduous Native Trees (inches)Totals
dbh notes dbh notes
1 1 36-inches #5 Valley Oak
2 2
3 3
4 4
5 5
6 6
Total 0-inches Total 36-inches 36-inches
Mitigation Requirement
req'd tree replacements:0 five gal trees req'd tree replacements:12 five gal trees 12 five gal trees
Proposed Replanting 0 five gal trees Proposed Replanting 0 five gal trees 0 five gal trees
0 box trees (24'')0 box trees (24'')0 box trees (24'')
Remaining Mitigation 0 five gal trees Remaining Mitigation 12 five gal trees 12 five gal trees
Tree Fund Payment:-$ Tree Fund Payment:600.00$ 600.00$
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 Departmen t based on
the following factor.
CONCLUSIONS:
A Certified Arborist has determined that the subject 36-inch DBH Coast Valley Oak tree
must be removed to accommodate the 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.
Bond payment for tree #31, impacted 45% :
ITEM NUMBER: ITEM NUMBER: 3
DATE: 12-17-13
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 – Grading and Site Plan
Attachment 3 – Site Photos
Attachment 4 – Arborist Report
Attachment 5 – Draft Resolution PC 2013-0034
ITEM NUMBER: ITEM NUMBER: 3
DATE: 12-17-13
ATTACHMENT 1: Location Map (Zoning Map)
PLN 2013-1486 / TRP 2013-0167
6950 Los Gatos Avenue
General Plan Designation: Residential Estate (RE)
Zoning District: Residential Suburban (RS)
ITEM NUMBER: ITEM NUMBER: 3
DATE: 12-17-13
ATTACHMENT 2: Grading and Site Plan
PLN 2013-1486 / TRP 2013-0167
6950 Los Gatos Avenue
Visible root decay at the base of the trunk
ITEM NUMBER: ITEM NUMBER: 3
DATE: 12-17-13
ATTACHMENT 3: Site Photos
PLN 2013-1486 / TRP 2013-0167
6950 Los Gatos Avenue
Photo of proposed tree to be removed
ITEM NUMBER: ITEM NUMBER: 3
DATE: 12-17-13
ATTACHMENT 4: Arborist Report
PLN 2013-1486 / TRP 2013-0167
6950 Los Gatos Avenue
ITEM NUMBER: ITEM NUMBER: 3
DATE: 12-17-13
ITEM NUMBER: ITEM NUMBER: 3
DATE: 12-17-13
ITEM NUMBER: ITEM NUMBER: 3
DATE: 12-17-13
ITEM NUMBER: ITEM NUMBER: 3
DATE: 12-17-13
ITEM NUMBER: ITEM NUMBER: 3
DATE: 12-17-13
ITEM NUMBER: ITEM NUMBER: 3
DATE: 12-17-13
ATTACHMENT 5: Draft Resolution PC 2013-0034
PLN 2013-1486 / TRP 2013-0167
6950 Los Gatos Avenue
DRAFT RESOLUTION NO. PC 2013-0034
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ATASCADERO APPROVING
PLN 2013-1486 / TRP 2013-0167, TO ALLOW THE REMOVAL OF ONE (1)
VALLEY OAK TOTALING 25 INCHES DBH
LOCATED AT 6950 LOS GATOS AVENUE
APN 054-121-035
(PHALER/ MEYER)
WHEREAS, an application was received from Brandon Pahler, 9480 Atascadero Ave.,
Atascadero, CA 93422, (Applicant) and Corey Meyer, 7345 Pinal Avenue, Atascadero, CA,
93422, for a Tree Removal Permit to remove one (1) Valley Oak totaling 36 inches DBH; and,
WHEREAS, the Planning Commission reviewed the proposed Tree Removal Permit
application on December 17, 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
SECTION 2. Approval. The Planning Commission of the City of Atascadero, in a
regular session assembled on December 17, 2013, resolved to approve Tree Removal Permit
2013-0167, subject to the following:
EXHIBIT A: Conditions of Approval
EXHIBIT B: Tree Mitigation Chart
ITEM NUMBER: ITEM NUMBER: 3
DATE: 12-17-13
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: 12-17-13
EXHIBIT A: Conditions of Approval / Mitigation Monitoring
PLN 2013-1486 / TRP 2013-0167
Conditions of Approval
PLN 2013-1486 / TRP 2013-0167
6950 Los Gatos Avenue
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 $600 into the tree mitigation fund and/or replant
native trees on subject property prior to removal of the Valley Live Oak, or
replant twelve (12) five-gallon (5) native trees that are similar to a Valley
Live Oak or any combination thereof. Fee/replanting shall be identified by
property owner prior to issuance of building permit. Replanting must be
completed prior to final of BLD 2013-11194.
Tree removal /
FO
PS
ITEM NUMBER: ITEM NUMBER: 3
DATE: 12-17-13
EXHIBIT B: Tree Mitigation Chart
Evergreen Native Trees (inches)Deciduous Native Trees (inches)Totals
dbh notes dbh notes
1 1 36-inches #5 Valley Oak
2 2
3 3
4 4
5 5
6 6
Total 0-inches Total 36-inches 36-inches
Mitigation Requirement
req'd tree replacements:0 five gal trees req'd tree replacements:12 five gal trees 12 five gal trees
Proposed Replanting 0 five gal trees Proposed Replanting 0 five gal trees 0 five gal trees
0 box trees (24'')0 box trees (24'')0 box trees (24'')
Remaining Mitigation 0 five gal trees Remaining Mitigation 12 five gal trees 12 five gal trees
Tree Fund Payment:-$ Tree Fund Payment:600.00$ 600.00$
t:\- 13 plns\pln 2013-1486 trp 6950 los gatos\pln 2013-1486 6950 los gatos tree removal-sr.ac.docx
Bond payment for tree #31, impacted 45% :