The URL can be used to link to this page

Home My WebLink AboutPC_2012-02-21_AgendaPacket http://www.facebook.com/pages/City-of-Atascadero-Planning/175544509158142 CITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting Tuesday, February 21, 2012 – 7:00 P.M. City Hall Council Chambers 6907 El Camino Real Atascadero, California CALL TO ORDER Pledge of Allegiance Roll Call: Chairperson Ward Vice Chairperson Schmidt Commissioner Bentz Commissioner Colamarino Commissioner Cooper Commissioner Dariz Commissioner Wingett 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 FEBRUARY 7, 2012. City of Atascadero Planning Commission Agenda Regular Meeting, February 21, 2012 Page 2 of 3 http://www.facebook.com/pages/City-of-Atascadero-Planning/175544509158142 COMMUNITY DEVELOPMENT STAFF REPORTS 2. PLN 2012-1429, TREE REMOVAL PERMIT FOR 5885 EL CAMINO REAL Property Owner/Applicant: John Webster, PO Box 91, Atascadero, CA 93423 Project Title: PLN 2012-1429 / Tree Removal Permit 2012-0153 Project Location: 5885 El Camino Real, Atascadero, CA 93422 APN 029-323-023 (San Luis Obispo County) Project Description: The applicant has requested the removal of one (1) 33-inch coast live oak tree that is adjacent to the existing building at 5885 El Camino Real. The certified arborist has determined that the oak tree is undermining the structure and existing pavement, causing a hazardous condition to the existing building. Zoning: DC (Downtown Commercial) General Plan Designation: Downtown PUBLIC HEARINGS NONE COMMISSIONER COMMENTS AND REPORTS DIRECTOR’S REPORT ADJOURNMENT The next regular meeting of the Planning Commission is scheduled for March 6, 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, February 21, 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 referred to on the Agenda are on file in the office of the Community Development Department and are available for public inspection durin g 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 se rvices 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 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 A Page 1 of CALL T Chairpe led the P ROLL C Present Absent: Others P Staff Pre APPRO Action Minute f 4 D Regular 69 O ORDER rson Bentz Pledge of A CALL : Present: esent: VAL OF AG MOTION es of 2/7/12 DRAF Meeting Cit 907 El Ca - 7:00 p.m called the Allegiance. Commiss and Chair Commiss Commiss (Commissione Recording Commun of Public Alfredo C GENDA N: By Co Mo ab T ACT – Tuesda ty Hall Co mino Rea m. meeting to sioners Coo rperson Be sioner Colam sioner Dariz er Dariz joined th g Secretary ity Develop Works-En Castillo y Vice ommission otion pass bsent) C PL TION ay, Febru ouncil Ch al, Atasca o order at 7 oper, Schm entz marino (exc z he meeting at 7:0 y Annette M pment Dire gineering D Chairperso ner Schmid sed 5:0 by CITY OF LANNIN MINU uary 7, 20 hambers adero, Ca 7:00 p.m. an midt, Winget cused) 04 p.m.) Manier ector Warre David Athe on Ward dt to appro a roll-call F ATAS NG COM UTES 012 – 7:00 alifornia nd Commis tt, Vice Cha en Frace, D ey, and As d and s ove the age vote. (Col ITEM NUMB DATE: SCADER MMISSI 0 P.M. ssioner Sch airperson W Deputy Dire ssistant Pla seconded enda. lamarino, D BER: 2-2 RO ON hmidt Ward, ector anner by Dariz 1 21-12 PC Draft Action Minutes of 2/7/12 Page 2 of 4 PUBLIC COMMENT None (Commissioner Dariz joined the meeting at 7:04 p.m.) PLANNING COMMISSION BUSINESS 1. ELECTION OF CHAIRPERSON AND VICE CHAIRPERSON. Commissioner Schmidt nominated Chuck Ward as Chairperson and the Commission agreed to a roll-call vote for the nomination. Motion passed 6:0 by a roll-call vote. (Colamarino absent) Commissioner Bentz nominated Commissioner Schmidt as Vice Chairperson and the Commission agreed to a roll-call vote for the nomination. MOTION: By Commissioner Bentz and seconded by Commissioner Wingett to nominate Commissioner Schmidt as Vice Chairperson. Motion passed 6:0 by a roll-call vote. (Colamarino absent) CONSENT CALENDAR 2. APPROVAL OF ACTION MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON JANUARY 17, 2012. MOTION: By Commissioner Bentz and seconded by Commissioner Cooper to approve the Consent Calendar. Motion passed 6:0 by a roll-call vote. (Colamarino absent) COMMUNITY DEVELOPMENT STAFF REPORTS None PC Draft Action Minutes of 2/7/12 Page 3 of 4 PUBLIC HEARINGS DISCLOSURE OF EX PARTE COMMUNICATIONS:  Vice Chairperson Schmidt – Stated he has friends who own a business next door and during the course of conversation, found out about the new business.  All other commissioners – None. Assistant Planner Castillo gave the staff report. This project went before the Design Review Committee on November 10, 2011. Assistant Planner Castillo and Deputy Director Athey answered questions from the Commission. PUBLIC COMMENT The following person spoke during public comment: Gary Miyamoto (applicant’s representative). Chairperson Ward closed the Public Comment period. MOTION: By Commissioner Bentz and seconded by Vice Chairperson Schmidt to approve PC Resolution 2012-0002, approving PLN 2011-1421 / Minor CUP 2011-0257 to allow an automotive repair and outdoor vehicle storage use on APN’s 030-502-032, 030- 502-033 and 030-502-034 located at 9005 El Camino Real subject to conditions of approval. Motion passed 6:0 by a roll-call vote. (Colamarino absent) COMMISSIONER COMMENTS AND REPORTS Chairperson Ward stated that the parking lot was full due to $5 Tuesdays at the movies. DIRECTORS REPORT  Director Frace announced that the next meeting is scheduled for February 21, 2012.  Director Frace gave an update on the Eagle Ranch project. The tentative meeting date of February 28th for the joint session will be confirmed by the end of this week.  Director Frace gave an update on the Walmart project and revisions to the EIR. A revised EIR should be available in March. PC Draft Action Minutes of 2/7/12 Page 4 of 4  Director Frace gave an update on the RDA dissolving and said the City of Atascadero will be the successor agency to the RDA. Director Frace answered questions from Vice Chairperson Schmidt about low-cost housing fund and sales tax. Director Frace answered questions from Chairperson Ward about the appearance of Colony Square.  Director Frace gave an update on items that have gone to the Design Review Committee, and discussed the Las Lomas project, which will be on the DRC agenda for February 16, 2012. ADJOURNMENT - 7:38 p.m. The next regular meeting of the Planning Commission is scheduled for February 21, 2012, at City Hall, Council Chambers, 6907 El Camino Real, Atascadero. MINUTES PREPARD BY: _______________________________ Annette Manier, Recording Secretary t:\~ pc agendas\~ pc minutes\pc minutes 12\pc draft actn minutes 2 7 12.am.docx Atas Staff R Alfredo R SUBJE The pro Oak, loc building RECOM Staff Re The Pla (1) haza and miti Situation 1. P 2. P 3. C 4. G 5. Z scader Report – C R. Castillo, A H ECT: posed proj cated at 58 and is deg MMENDA ecommends nning Com ardous Coa gation. n and Facts Property Ow Project Addr Certified Arb General Plan oning Distr ro Pla Communi ICP, Assista Hazardous ect include 885 El Cam rading the ATION: s: mmission ad ast Live Oak s: wner / Appli ress: borist: n Designati ict: anning ity Devel ant Planner, 4 PLN s Tree Re 5885 El (John es a reques mino Real. pavement i dopt Resolu k totaling 3 cant: ion: g Com lopment D 470-3436, aca 2012-142 emoval P Camino n Webste st to remov The tree in the nearb ution PC 20 33-inches D John Webs PO Box 91 5885 El Ca APN 029-3 Greenvale PO Box 13 San Luis O Downtown Downtown mmissi Departme astillo@atas 29 Permit 201 Real er) ve one (1) 3 is causing by alley and 012-0003 to DBH subjec ster 1, Atascade amino Real 323-023 Tree Co. 3234 Obispo, CA n n Commerc ITEM NUMB DATE: ion ent scadero.org 12-0153 33-inch DB extensive d parking a o allow the ct to conditio ero, CA 934 l, Atascade 93406 ial (DC) ER: 2 2-21 BH Coastal damage to areas. removal of ons of app 423 ero, CA 934 2 1-12 Live o the f one roval 422 BACKG The bui grown in The tree walls to removed abate a located ANALY An appli the remo rear alle The arb report st the foot becomin In additi lead to f GROUND lding was c n such a w e continues o become u d because ny further directly adj YSIS: ication has oval of one ey. orist has e tates that th ting and b ng too large ion, the arb failure in eit D: constructed way that it h s to grow w uneven. Th of the pote damage th acent to the been subm e (1) 33-inch valuated th he tree is g block wall. e for the spa borist has ther a heav d before 19 has caused with its roo he owner o ential haza he tree ma e building w mitted by M h DBH Coa he tree and growing at a The walls ace betwee noted that vy wind stor 950 and is d portions o ots under th of the buil ard the tree ay cause t with its cano Mr. John We ast Live Oa d identified a 30 degree s are show en the build branch str rm or even in a usabl of the maso he building ding is req e has if it w to the exis opy extend ebster, the ak. The tree that the tre e angle and wing visible dings and w ructure is c during a ca ITEM NUMB DATE: le condition onry of the g causing t questing th were to fai sting buildin ing into an owner of th e is directly ee is in fair d the roots e cracks. will need fre compromis alm day. ER: 2 2-21 n. The tree building to he flooring hat the tree l, as well a ng. The tre alley. his property adjacent to r condition. are undern The canop quent trimm ed which c 2 1-12 e has o fail. and e be as to ee is y, for o the The neath py is ming. could The root likely tha limited. alley, th tree as tenants Tree Mit Permit f hazardo Remova Commis waived hazardo structure The Ata mitigatio AMC S condition can app AMC follow (i) De site. (4) ye (ii) Pa (iii) E desig In accor included paymen applican t system of at the tree Due to its he arborist it poses a and users o tigation- fees are no ous trees. al Permit ssion hearin for the su ous condit e. scadero M on for all Section 9 ns of appr rove one o Section 9-1 wing method epending on This method ear establish ayment of fee Establishmen gnated area o rdance with d a conditi t of fees to nt has elect f the tree is will eventu proximity recommen real immed of the alley ot required The regu that re ng is $755. ubject appl tion of g unicipal Co trees appr 9-11.105 roval. Pla r more of th 11.105: Tree ds: the charact d shall includ ment period e to the Tree nt of conserv of the proper Section 9- on in the o the tree f ed to pay th s very limite ually fail as to the bui nds remova diate hazar . for the rem lar fee for equires P The fee h ication due growing in ode (AMC) roved for r identifies nning Com he following removal pe teristics of th de payment i d; e Replacemen vation easem rty. (Ord. 350 -11.105 of t attached und. Due t he mitigatio ed for its siz water and lding and al of the rd to the moval of r a Tree Planning has been e to the nto the requires removal. specific mmission g conditions ermits shall he site the a in advance fo nt Fund; ments, which 0 § 2 (part), 1 the Atascad resolution o the limite on fee of $5 Propos ze. Becaus nutrient ac s as mitigat be conditio applicant ma for three (3) s h will restrict 1998) dero Native which req ed areas av 550. ITEM NUMB DATE: sed tree to be e of the lim ccessibility tion: oned by one ay plant repla site inspecti t removal of e Tree Ordin uires eithe vailable for ER: 2 2-21 e removed mited space becomes m e or more o acement tree ions during a f any tree wit nance, staff er replantin r replanting 2 1-12 , it is more of the es on a four thin a ff has ng or g, the ITEM NUMBER: 2 DATE: 2-21-12 Evergreen Native Trees (inches) Deciduous Native Trees (inches) Totals dbh notes dbh notes 1 33-inches Coast Live Oak 1 22 33 44 55 66 Total 33-inches Total 0-inches 33-inches Mitigation Requirement req'd tree replacements: 11 five gal trees req'd tree replacements: 0 five gal trees 11 five gal trees Proposed Replanting 0 five gal trees Proposed Replanting 0 five gal trees 0 five gal trees 0 box trees (24'') 0 box trees (24'')0 box trees (24'') Remaining Mitigation 11 five gal trees Remaining Mitigation 0 five gal trees 11 five gal trees Tree Fund Payment: 550.00$ Tree Fund Payment: -$ 550.00$ 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 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 33-inch DBH Coastal Live 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. ITEM NUMBER: 2 DATE: 2-21-12 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 2012-0003 ATTACHM MENT 1: Locatio PLN 20 5885 El on Map (Zonin 12-1429 / TRP l Camino Real ng Map) P 2012-0153 l 33-inch Va ITEM NUMB DATE: alley Oak ER: 2 2-21 2 1-12 ATTACHM MENT 2: Site Ph PLN 20 5885 El otos 12-1429 / TRP l Camino Real P 2011-0153 l ITEM NUMB DATE: ER: 2 2-21 2 1-12 ATTACHM MENT 2: Site Ph PLN 20 5885 El otos 12-1429 / TRP l Camino Real P 2011-0153 l ITEM NUMB DATE: ER: 2 2-21 2 1-12 ATTACHM MENT 3: Arboris PLN 20 5885 El st Report 12-1429 / TRP l Camino Real P 2012-0153 l ITEM NUMB DATE: ER: 2 2-21 2 1-12 ATTACHM MENT 3: Arboris PLN 20 5885 El st Report 12-1429 / TRP l Camino Real P 2012-0153 l ITEM NUMB DATE: ER: 2 2-21 2 1-12 ATTACHM MENT 3: Arboris PLN 20 5885 El st Report 12-1429 / TRP l Camino Real P 2012-0153 l ITEM NUMB DATE: ER: 2 2-21 2 1-12 ATTACHM MENT 3: Arboris PLN 20 5885 El st Report 12-1429 / TRP l Camino Real P 2012-0153 l ITEM NUMB DATE: ER: 2 2-21 2 1-12 ITEM NUMBER: 2 DATE: 2-21-12 ATTACHMENT 4: Draft Resolution PC 2012-0003 PLN 2012-1429 / TRP 2012-0153 5885 El Camino Real DRAFT RESOLUTION NO. PC 2012-0003 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING PLN 2012-1429 / TRP 2012-0153, TO ALLOW THE REMOVAL OF ONE (1) HAZARDOUS COAST LIVE OAK TOTALING 33 INCHES DBH LOCATED AT 5885 EL CAMINO REAL (WEBSTER) WHEREAS, an application was received from John Webster, , PO Box 91, Atascadero, CA 93423, (Property Owner / Applicant), for a Tree Removal Permit to remove one (1) hazardous Costal Live Oak totaling 33 inches DBH; and, WHEREAS, the Planning Commission reviewed the proposed Tree Removal Permit application on February 21, 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 February 21, 2012, resolved to approve Tree Removal Permit 2011-0153, subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Tree Mitigation Chart ITEM NUMBER: 2 DATE: 2-21-12 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 _________________________________________ Chuck Ward Planning Commission Chairperson ATTEST: ___________________________________ Warren Frace Planning Commission Secretary ITEM NUMBER: 2 DATE: 2-21-12 EXHIBIT A: Conditions of Approval / Mitigation Monitoring PLN 2012-1429 / TRP 2012-0153 Conditions of Approval PLN 2012-1429 / TRP 2012-0153 5885 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 $550 into the tree mitigation fund or replant a minimum of 11 native five (5) gallon trees at the subject property prior to removal of the Coast Live Oak. Tree removal PS ITEM NUMBER: 2 DATE: 2-21-12 EXHIBIT B: Tree Mitigation Chart for Commercial/Multi-Family Evergreen Native Trees (inches) Deciduous Native Trees (inches) Totals dbh notes dbh notes 1 33-inches Coast Live Oak 1 22 33 44 55 66 Total 33-inches Total 0-inches 33-inches Mitigation Requirement req'd tree replacements: 11 five gal trees req'd tree replacements: 0 five gal trees 11 five gal trees Proposed Replanting 0 five gal trees Proposed Replanting 0 five gal trees 0 five gal trees 0 box trees (24'') 0 box trees (24'')0 box trees (24'') Remaining Mitigation 11 five gal trees Remaining Mitigation 0 five gal trees 11 five gal trees Tree Fund Payment: 550.00$ Tree Fund Payment: -$ 550.00$ t:\- 12 plns\pln 2012-1429 trp 5885 ecr\pln 2011-1429 5885 ecr trp-sr.ac.docx