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HomeMy WebLinkAboutPC_2012-01-17_AgendaPacket http://www.facebook.com/pages/City-of-Atascadero-Planning/175544509158142 CITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting Tuesday, January 17, 2012 – 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 Ward Commissioner Colamarino Commissioner Cooper Commissioner Dariz Commissioner Schmidt Commissioner Wingett APPROVAL OF AGENDA PUBLIC COMMENT (This portion of the meeting is reserved for persons wishing to address the Commission on a ny 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 DECEMBER 6, 2011. City of Atascadero Planning Commission Agenda Regular Meeting, January 17, 2012 Page 2 of 3 http://www.facebook.com/pages/City-of-Atascadero-Planning/175544509158142 2. APPROVAL OF THE REVISED 2012 PLANNING COMMISSION MEETING SCHEDULE. COMMUNITY DEVELOPMENT STAFF REPORTS 3. PLN 2011-1426 / TREE REMOVAL PERMIT FOR 7600 EL CAMINO REAL Property Owner: New West Center LLC, 3015 Willow Creek Road, Paso Robles, CA 93446 Applicant: Ron Fields, 7600 El Camino Real, Atascadero, CA 93422 Certified Arborist: Jack Brazeal, 4531 Skipjack Ln., Paso Robles, CA 93446 Project Title: PLN 2011-1426 / TRP 2011-0152 Project Location: 7600 El Camino Real, Atascadero, CA 93422 (Tree located in center of strip mall) (San Luis Obispo County) APN 030-241-053 Project Description: The applicant has requested the removal of a 31-inch Valley Oak tree that is deemed hazardous at 7600 El Camino Real #10. The tree is growing into the existing building and roots are causing damage to the driveway. General Plan Designation: General Commercial (GC) Zoning District: Commercial Park (CP) PUBLIC HEARINGS NONE COMMISSIONER COMMENTS AND REPORTS DIRECTOR’S REPORT ADJOURNMENT The next regular meeting of the Planning Commission is scheduled for February 7, 2012, 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, January 17, 2012 Page 3 of 3 http://www.facebook.com/pages/City-of-Atascadero-Planning/175544509158142 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 C ommission in the order of the printed Agenda. Copies of the staff reports or other documentation relating to each item of business referre d 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 me eting 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 r emarks 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 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 pu blic comments will be heard by the Commission. PC Draft A Page 1 of CALL T Chairpe led the P ROLL C Present Absent: Others P Staff Pre APPRO PUBLIC None Action Minute f 7 D Regular M 69 O ORDER rson Bentz Pledge of A CALL : Present: esent: VAL OF AG MOTION C COMMEN es of 12/6/11 DRAF Meeting – Cit 907 El Ca - 7:00 p.m called the Allegiance. Commiss Chairpers None Recording Commun of Public Taylor, an GENDA N: By Ch Mo NT T ACT – Tuesda ty Hall Co mino Rea m. meeting to sioners Cola son Ward, a g Secretary ity Develop Works-Eng nd Assistan y Commis hairperson otion pass C PL TION ay, Decem ouncil Ch al, Atasca o order at 7 amarino, C and Chairpe y Annette M pment Dire gineering D nt Planner A ssioner S Ward to a ed 7:0 by a CITY OF LANNIN MINU mber 6, 20 hambers adero, Ca 7:00 p.m. an Cooper, Dar erson Bent Manier ector Warre David Athey Alfredo Cas chmidt a approve the a roll-call v F ATAS NG COM UTES 011 – 7:0 alifornia nd Commis riz, Schmid tz en Frace, D y, Associate stillo nd secon e agenda. vote. ITEM NUMB DATE: SCADER MMISSI 0 P.M. ssioner Sch t, Wingett, Deputy Dire e Planner C nded by BER: 1-1 RO ON hmidt Vice ector Callie Vice 1 7-12 PC Draft Action Minutes of 12/6/11 Page 2 of 7 PLANNING COMMISSION BUSINESS None CONSENT CALENDAR 1. APPROVAL OF ACTION MINUTES OF THE PLANNING COMMISSION MEETING ON NOVEMBER 15, 2011. 2. APPROVAL OF 2012 PLANNING COMMISSION MEETING SCHEDULE. MOTION: By Commissioner Schmidt and seconded by Commissioner Dariz to approve the Consent Calendar. Motion passed 7:0 by a roll-call vote. COMMUNITY DEVELOPMENT STAFF REPORTS 3. PLN 2011-1399 / TREE REMOVAL PERMIT FOR 6907 EL CAMINO REAL Property Owner/Applicant: City of Atascadero, 6907 El Camino Real, Atascadero, CA 93422 Certified Arborist: A & T Arborists, PO Box 1311, Templeton, CA 93465 Project Title: PLN 2011-1399 / TRP 2011-0151 Atascadero Creek Pedestrian Bridge, Tree Removal & CEQA Certification Project Location: Atascadero Creek Reservation #3-B, APN 029-361-003 (Behind City Hall) Project Description: A downtown pedestrian bridge is planned over Atascadero Creek to connect the Sunken Gardens to Colony Square. Construction of the bridge includes removal and/or significant trimming of up to six native trees. Removals and/or significant trimmings consist of two (2) sycamores (removal of stump sprouts and south truck only), two (2) black walnuts, one (1) 4-inch live oak, and one (1) dead tree which is identified as either a cottonwood or a sycamore (identification difficult due to condition of dead tree). Only branches or trunks which directly interfere with the bridge installation shall be removed. General Plan Designation: Open Space Zoning District: Open Space Proposed Environmental Determination: Based on the Initial Study prepared for the project, a Mitigated Negative Declaration is proposed for Planning Commission certification. The Mitigated Negative Declaration is available for public review from 11/7/11 through 12/6/11 at 6907 El Camino Real, Community Development Department from 8:30 a.m. to 5:00 p.m. Monday through Thursday. PC Draft Action Minutes of 12/6/11 Page 3 of 7 Associate Planner Taylor gave the staff report and answered questions from the Commission. This project went before the Design Review Committee (DRC) on November 10, 2011. PUBLIC COMMENT None Chairperson Bentz closed the Public Comment period. MOTION: By Commissioner Schmidt and seconded by Commissioner Cooper to approve PC Resolution 2011-0022, certifying Mitigated Negative Declaration 2011-0003 and approving PLN 2011-1399 / TRP 2011-0151 / PPN 2011-0249 to allow the removal and/or significant trimming of up to six (6) native trees, including two (2) sycamores, two (2) black walnuts, one (1) 4-inch live oak, and one (1) dead cottonwood/sycamore (species unclear due to condition of tree) for the downtown pedestrian bridge at APN 029-361-003. Motion passed 7:0 by a roll-call vote. PUBLIC HEARINGS 4. PLN 2099-0818, AMENDMENT TO CUP 2005-0175 AND TPM 2005-0080 FOR 13000 ATASCADERO AVE. (PREVIOUSLY EAGLE CREEK GOLF COURSE) Property Owner/Applicant: Kevin McGurty, 14002 San Antonio Road, Atascadero, CA 93422 Project Title: PLN 2099-0818, Amendment to Amendment to CUP 2005-0175 and TPM 2005-0080 Eagle Creek Golf Course, Conversion to Residential Structures Project Location: 13000 Atascadero Ave., Atascadero, CA 93422 APN 045-391-020 and 025 (San Luis Obispo County) Project Description: An amendment to the 2007 Conditional Use Permit and Tentative Parcel Map is currently being proposed. The current property owner is proposing not to complete the site grading, access road, or new landscape in the open space area which was proposed by the previous owner and conditioned with the project in 2007. The existing structures near Atascadero Road (previously the golf course restaurant, club house, and storage buildings) would be converted into 2 single-family residences, consistent with the current General Plan Land Use Designation, Zoning, and Planned Development overlay. Zoning: Residential Single Family-Y (RSF-Y) with P-8 overlay General Plan Designation: Single Family Residential-Y (SFR-Y) Proposed Environmental Determination: Based on the Initial Study prepared for the project, a Mitigated Negative Declaration (MND) is proposed for Planning Commission certification. The MND is available for public review from 11/17/11 through 12/6/11 at 6907 El Camino Real, Community Development Department from 8:30 a.m. to 5:00 p.m. Monday through Thursday. PC Draft Action Minutes of 12/6/11 Page 4 of 7 DISCLOSURE OF EX PARTE COMMUNICATIONS:  Commissioner Wingett drove by the project, but did not speak with anyone.  All other commissioners – None. Associate Planner Taylor gave the staff report. Associate Planner Taylor and Deputy Director Athey answered questions from the Commission. This project went before the Design Review Committee (DRC) on October 13, 2011. PUBLIC COMMENT The following people spoke during public comment: Kevin McGurty and Nick Medrano. Staff answered questions from the public. Chairperson Bentz closed the Public Comment period. MOTION: By Commissioner Schmidt and seconded by Vice Chairperson Ward to 1. Adopt Resolution 2011-0023, certifying proposed Mitigated Negative Declaration 2011-0004, and 2. Adopt PC Resolution 2011-0024 approving an Amendment to CUP 2005- 0175 (Master Plan of Development) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and 3. Adopt PC Resolution 2011-0025 approving an Amendment to TPM 2005-0080 based on findings and subject to Conditions of Approval and Mitigation Monitoring, with removal of the reference to the public sewer easement along Santa Barbara Road in CUP condition 20 & TPM condition 11 and exhibits. Motion passed 7:0 by a roll-call vote. 5. PLN 2007-1190 AMENDMENT TO CUP 2007-0203 FOR 9525 GALLINA COURT Property Owners/Applicants: Milan and Ruth Vrajich, 9525 Gallina Court, Atascadero, CA 93422 Project Title: PLN 2007-1190 Amendment to Conditional Use Permit 2007-0203 Project Location: 9525 Gallina Court, Atascadero, CA 93422 APN 054-272-025 (San Luis Obispo County) PC Draft Action Minutes of 12/6/11 Page 5 of 7 Project Description: The proposed project consists of an application for an Amendment to a Conditional Use Permit of a previously approved Conditional Use Permit (PLN 2007-1190) to increase the number of residential care patients from 10 patients to 15 patients at an existing residential care facility located at 9525 Galina Court Zoning: Residential Suburban (RS) General Plan Designation: Residential Estate (RE) Proposed Environmental Determination: Class 1 CEQA Exemption: Existing Facilities. DISCLOSURE OF EX PARTE COMMUNICATIONS:  Commissioner Schmidt drove down the street and looked at the project location.  Commissioner Wingett drove by the property; buy did not speak with anyone.  All other Commissioners – None. Assistant Planner Castillo gave the staff report. Assistant Planner Castillo and Deputy Director Athey answered questions from the Commission. The Commission received an email and attachment from Pat Stone (Exhibit A) and an email from John Ellis (Exhibit B). Commissioner Dariz asked about the exhibits and asked staff if the CC&R’s should weigh in on their decision, or if they should base their decision on City regulations. Assistant Planner Castillo stated that staff based their findings on what is permissible in State law and our Municipal Code. This application meets that criteria. If the Commission were to find a recommendation for denial, it would need to be based on the neighborhood-compatibility issue. If the HOA chooses to act regarding the CC&R’s, they could act on their own in a civil matter. The Planning Commission can only make decisions based on the consistency findings. The State limits the size of this facility. PUBLIC COMMENT The following people spoke during public comment: Milan Vrajich, Corinn Klise, Pat Stone, John Ellis, and Gregg Cobarr. Neighbors asked the Commission for a postponement of the decision by the Commission. Mr. Vrajich answered questions from the Commission and addressed concerns and questions raised by his neighbors. The Commission had additional discussion about the project and the CC&R’s. Commissioner Colamarino stated he believes this 50% increase will create a neighborhood compatibility issue, and for this reason, he will be voting no on the staff recommendation. PC Draft Action Minutes of 12/6/11 Page 6 of 7 Chairperson Bentz re-opened Public Comment period. The following people spoke during public comment: Pat Stone. Chairperson Bentz closed the Public Comment period. Chairperson Bentz confirmed that the Planning Commission can only uphold the law that is in the Municipal Code. The CC&R’s must be enforced by individuals who own property. Vice Chairperson Ward said he was in agreement with Commissioner Colamarino and it would be reasonable to delay this and have the Homeowners Association try to work something out, and bring it back to the Planning Commission. MOTION: By Commissioner Schmidt and seconded by Commissioner Cooper to adopt PC Resolution 2011-0020, a Resolution of the Planning Commission approving an Amendment to PLN 2007- 1190 / CUP 2007-0203 to establish a 15-client residential care facility located at 9525 Gallina Court. Motion passed 5:2 by a roll-call vote. (Colamarino, Ward Opposed) 6. PLN 2099-0284, RECONSIDERATION OF CUP 2005-0161 FOR 8900, 8910 EL CAMINO REAL Property Owners/Applicants: James Duty, 8787 Plata Lane #3, Atascadero, CA 93422 Robert Davis, 8787 Plata Lane #5, Atascadero, CA 93422 Project Title: PLN 2099-0284 Reconsideration of Conditional Use Permit 2005-0161 Project Location: 8900, 8910 El Camino Real, Atascadero, CA 93422 APN 056-051-033 (San Luis Obispo County) Project Description: The proposed project consists of an application for a Reconsideration of a Conditional Use Permit to permit construction of Phase II storage building. The new building would include 1,000 sf expansion of an existing automotive repair shop and 2,920 sf of additional indoor storage for a total of 3,920 sf building, consistent with the previous project approval of a 4,000 sf future storage building. Zoning: Commercial Service (CS) General Plan Designation: Service Commercial (SC) Proposed Environmental Determination: Project Consistent with Adopted Mitigated Negative Declaration 2005-0031. DISCLOSURE OF EX PARTE COMMUNICATIONS:  None PC Draft Action Minutes of 12/6/11 Page 7 of 7 Assistant Planner Castillo gave the staff report and answered questions from the Commission. The project went before the DRC on November 10, 2011. PUBLIC COMMENT The following people spoke during public comment: Robert Davis. Chairperson Bentz closed the Public Comment period. MOTION: By Commissioner Colamarino and seconded by Commissioner Dariz to adopt PC Resolution 2011-0021, a Resolution of the Planning Commission approving an Amendment to CUP 2005- 0161 to allow construction of a 3,920 sf transmission shop and accessory storage building at APN 056-051-033. Motion passed 7:0 by a roll-call vote. COMMISSIONER COMMENTS AND REPORTS None DIRECTORS REPORT  Director Frace stated that the next meeting is scheduled for December 20, 2011, but currently there are no items for the agenda, so it may be cancelled. The first meeting in the new year will be held on Jan 17, 2012.  Director Frace gave an update on the Walmart/Annex project; we are looking at making some changes to the EIR Consultant Contract.  Director Frace gave an update on the Eagle Ranch project. There may be a meeting on January 24, 2012 to review the project in further detail. ADJOURNMENT - 8:45 p.m. The next regular meeting of the Planning Commission is scheduled for December 20, 2011, at City Hall, Council Chambers, 6907 El Camino Real, Atascadero. MINUTES PREPARD BY: _______________________________ Annette Manier, Recording Secretary The following exhibits are available in the Community Development Department: Exhibit A – Correspondence from Pat Stone (ATTACHMENTS TO THE MINUTES ARE ALREADY INCL. IN THE STAFF REPORT) Exhibit B – Correspondence from John Ellis 6907 MEE Janu Janu Feb Feb Mar Mar Apri Apri May May June June July July Aug Aug Sep Sep Octo Octo Nov Nov Dec Dec \\Cityhal 7 EL CAMINO ETING DAT uary 3 uary 17 ruary 7 ruary 21 ch 6 ch 20 l 3 l 17 y 1 y 15 e 5 e 19 y 3 y 17 ust 7 ust 21 ptember 4 ptember 18 ober 2 ober 16 vember 6 vember 20 cember 4 cember 18 ll\cdvlpmnt\PC CIT COM O REAL, ATA Dr Me TE MEE No R R R R R R R R R R R N R R R R R R R No R R R Meeting Sched Y OF MMUNITY D ASCADERO raft Pla eeting ETING TYPE o Meeting Regular Regular Regular Regular Regular Regular Regular Regular Regular Regular Regular No Meeting Regular Regular Regular Regular Regular Regular Regular o Meeting Regular Regular Regular dule\ PC Meetin F ATA DEVELOPME O, CA 93422  anning C Schedu E TI 7:00 7:00 7:00 7:00 7:00 7:00 7:00 7:00 7:00 7:00 7:00 7:00 7:00 7:00 7:00 7:00 7:00 7:00 ELECTI 7:00 7:00 7:00 ng Schedule 201 IT D A SCA ENT DEPAR (805) 461-500 Commi ule 201 ME 0 p.m. 0 p.m. 0 p.m. 0 p.m. 0 p.m. 0 p.m. 0 p.m. 0 p.m. 0 p.m. 0 p.m. 0 p.m. 0 p.m. 0 p.m. 0 p.m. 0 p.m. 0 p.m. 0 p.m. 0 p.m. ION DAY 0 p.m. 0 p.m. 0 p.m. 12.doc Revised TEM NUMBE DATE: A DER RTMENT 00  FAX (8 ission 2 LOCAT City Council C 6907 El Ca Atasca “ “ “ “ “ “ “ “ “ “ “ “ “ “ “ “ “ “ “ “ “ “ “ “ 1-10-12 ER: 2 1-17 R O 805) 461-7612 TION: Hall Chambers amino Real adero “ “ “ “ “ “ “ “ “ “ “ “ “ “ “ “ “ “ “ “ “ “ “ “ 2 7-12 ITEM NUMBER: ITEM NUMBER: 3 DATE: 1-17-12 Atascadero Planning Commission Staff Report – Community Development Department Alfredo R. Castillo, AICP, Assistant Planner, 470-3436, acastillo@atascadero.org PLN 2011-1426 Hazardous Tree Removal Permit 2011-0152 7600 El Camino Real (New West Center, LLC/Fields) SUBJECT: The proposed project includes a request to remove one (1) 31-inch DBH Valley Oak, located at 7600 El Camino Real, Suite #10. The tree has grown into the building and may damage additional portions of the building including the roof. The roots of the tree are also causing damage to the driveway. If the tree were to fail, it would cause additional damage to the building. RECOMMENDATION: Staff Recommends: The Planning Commission adopt Resolution PC 2012-0001 to allow the removal of one (1) hazardous Valley Live Oak totaling 31-inches DBH subject to conditions of approval and mitigation. Situation and Facts: 1. Property Owner: New West Center, LLC 3015 Willow Creek Rd, Paso Robles, CA 93446 2. Applicant: Ron Fields 7600 El Camino Real, Atascadero, CA 93422 3. Project Address: 7600 El Camino Real, Atascadero, CA 93422 APN 030-241-053 4. Certified Arborist: Jack Brazael, ISA Certified Arborist #0163 Jack Brazeal’s Tree Consulting, 4531 Skipjack Lane Paso Robles, CA 93446 4. 5. General Plan Designation: General Commercial (GC) ITEM NUMBER: ITEM NUMBER: 3 DATE: 1-17-12 6. Zoning District: Commercial Professional (CP) BACKGROUND: The County permitted the construction a commercial retail commercial center (Young’s New West) in 1977. In the original building plans, it was the intent to preserve the Valley Oak tree by designing the building around the existing oak trees. Based on the original plans, the building preserved three (3) oak trees on-site. Only one tree remains today. The remaining tree continues to grow with its roots under the pavement causing the pavement to become uneven and limbs beginning to damage the bui lding causing the owners to cut portions of the building to accommodate the tree . The new owners of the building are requesting that the tree be removed because of the potential hazard the tree has if it were to fail, as well as to abate any further damage the tree may cause to the existing building. ANALYSIS: An application has been submitted by Mr. Ron Fields, a representative of New West Center, LLC, for the removal of one (1) 31-inch DBH Valley Oak. The tree is directly adjacent to the building near suite #10 (Baby Bee Green Retail Store). ITEM NUMBER: ITEM NUMBER: 3 DATE: 1-17-12 The arborist has evaluated the tree and identified that the tree is in fair condition. In the report states that the tree is growing against the existing building and will cause damage to the building if is not removed. The applicant has also submitted a letter stating growth of the tree has caused the owners of the building to make modifications to the existing structure to accommodate growth. The arborist recommends removal because the tree because of the potential hazard it creates to the building and the people that work and utilize its retail shops. Tree Mitigation Permit fees are not required for the removal of hazardous trees. The regular fee for a Tree Removal Permit that requires Planning Commission hearing is $755. The fee has been waived for the subject application due to the hazardous condition of growing into the structure. 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. Due to the limited areas available for replanting, the applicant has elected to pay the mitigation fee of $1,033.33. ITEM NUMBER: ITEM NUMBER: 3 DATE: 1-17-12 Evergreen Native Trees (inches)Deciduous Native Trees (inches)Totals dbh notes dbh notes 1 1 31-inches Valley Oak 2 2 3 3 4 4 5 5 6 6 Total 0-inches Total 31-inches 31-inches Mitigation Requirement req'd tree replacements:0 five gal trees req'd tree replacements:21 five gal trees 21 five gal trees Proposed Replanting 0 five gal trees Proposed Replanting 0 five gal trees 0 five gal trees 0 box trees (24'')0 box trees (24'')0 box trees (24'') Remaining Mitigation 0 five gal trees Remaining Mitigation 21 five gal trees 21 five gal trees Tree Fund Payment:-$ Tree Fund Payment:1,033.33$ 1,033.33$ 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 interfering with existing utilities and/or structures, as certified by a report from the site planner or arborist. CONCLUSIONS: A Certified Arborist has determined that the subject 31-inch DBH Valley Oak tree creates a hazardous with the existing building. 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. Bond payment for tree #31, impacted 45% : ITEM NUMBER: ITEM NUMBER: 3 DATE: 1-17-12 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 Photos Attachment 3 – Arborist Report Attachment 4 – Draft Resolution PC 2012-0001 ITEM NUMBER: ITEM NUMBER: 3 DATE: 1-17-12 ATTACHMENT 1: Location Map (Zoning Map) PLN 2011-1426 / TRP 2011-0152 7600 El Camino Real 31-inch Valley Oak General Plan Designation: General Commercial (GC) Zoning District: Commercial Professional (CP) ITEM NUMBER: ITEM NUMBER: 3 DATE: 1-17-12 ATTACHMENT 2: Site Photos PLN 2011-1426 / TRP 2011-0152 7600 El Camino Real Visible root decay at the base of the trunk ITEM NUMBER: ITEM NUMBER: 3 DATE: 1-17-12 ATTACHMENT 2: Site Photos PLN 2011-1426 / TRP 2011-0152 7600 El Camino Real ITEM NUMBER: ITEM NUMBER: 3 DATE: 1-17-12 ATTACHMENT 2: Site Photos PLN 2011-1426 / TRP 2011-0152 7600 El Camino Real ITEM NUMBER: ITEM NUMBER: 3 DATE: 1-17-12 ATTACHMENT 3: Arborist Report PLN 2011-1426 / TRP 2011-0152 7600 El Camino Real ITEM NUMBER: ITEM NUMBER: 3 DATE: 1-17-12 ATTACHMENT 4: Draft Resolution PC 2012-0001 PLN 2011-1426 / TRP 2011-0152 7600 El Camino Real DRAFT RESOLUTION NO. PC 2012-0001 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING PLN 2011-1426 / TRP 2011-0152, TO ALLOW THE REMOVAL OF ONE (1) HAZARDOUS VALLEY OAK TOTALING 31 INCHES DBH LOCATED AT 7600 EL CAMINO REAL (NEW WEST CENTER, LLC / FIELDS) WHEREAS, an application was received from New West Center LLC, , 3015 Willow Creek Road, Paso Robles, CA 93446, (Property Owner) and Ron Fields, 7600 El Camino Real, Atascadero, CA 93422 (Applicant), for a Tree Removal Permit to remove one (1) hazardous Valley Oak totaling 33 inches DBH; and, WHEREAS, the Planning Commission reviewed the proposed Tree Removal Permit application on January 17, 2012, 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 interfering with existing utilities and/or structures, as certified by a report from the site planner or arborist SECTION 2. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on January 17, 2012, resolved to approve Tree Removal Permit 2011- 0152, subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Tree Mitigation Chart ITEM NUMBER: ITEM NUMBER: 3 DATE: 1-17-12 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: 1-17-12 EXHIBIT A: Conditions of Approval / Mitigation Monitoring PLN 2011-1426 / TRP 2011-0152 Conditions of Approval PLN 2011-1426 / TRP 2011-0152 7600 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. Ongoing PS 3. The applicant shall pay $1,033.33 into the tree mitigation fund or replant a minimum of 21 native five (5) gallon trees at the subject property prior to removal of the Valley Oak. Tree removal PS ITEM NUMBER: ITEM NUMBER: 3 DATE: 1-17-12 EXHIBIT B: Tree Mitigation Chart for Commercial/Multi-Family Evergreen Native Trees (inches)Deciduous Native Trees (inches)Totals dbh notes dbh notes 1 1 31-inches Valley Oak 2 2 3 3 4 4 5 5 6 6 Total 0-inches Total 31-inches 31-inches Mitigation Requirement req'd tree replacements:0 five gal trees req'd tree replacements:21 five gal trees 21 five gal trees Proposed Replanting 0 five gal trees Proposed Replanting 0 five gal trees 0 five gal trees 0 box trees (24'')0 box trees (24'')0 box trees (24'') Remaining Mitigation 0 five gal trees Remaining Mitigation 21 five gal trees 21 five gal trees Tree Fund Payment:-$ Tree Fund Payment:1,033.33$ 1,033.33$ t:\- 11 plns\pln 2011-1426 trp ron fields\pln 2011-1426 7600 ecr trp-sr.ac.docx Bond payment for tree #31, impacted 45% :