Loading...
HomeMy WebLinkAboutPC_2012-04-03_AgendaPacket http://www.facebook.com/pages/City-of-Atascadero-Planning/175544509158142 CITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting Tuesday, April 3, 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 MARCH 6, 2012. City of Atascadero Planning Commission Agenda Regular Meeting, April 3, 2012 Page 2 of 3 http://www.facebook.com/pages/City-of-Atascadero-Planning/175544509158142 COMMUNITY DEVELOPMENT STAFF REPORTS 2. PLN 2012-1432, TREE REMOVAL PERMIT FOR 6225 ATASCADERO MALL Property Owner/Applicant: Chris Key, ABC Church, PO Box 987, Atascadero, CA 93423 Certified Arborist: A & T Arborists, 1565 El Camino Real, Atascadero, CA 93422 Project Title: PLN 2012-1432 / TRP 2012-0154 Project Location: 6225 Atascadero Mall, Atascadero, CA 93422 (San Luis Obispo County) APN 030-192-018 Project Description: The applicant has requested the removal of one (1) hazardous Valley Oak totaling 36- inches DBH subject to conditions of approval and mitigation. General Plan Designation: Public (P) Zoning District: Public (P) PUBLIC HEARINGS NONE COMMISSIONER COMMENTS AND REPORTS DIRECTOR’S REPORT ADJOURNMENT The next regular meeting of the Planning Commission is scheduled for April 17, 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, April 3, 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 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 Commissi on. 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 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 pr ojector 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 3/6/12 Page 1 of 3 CITY OF ATASCADERO PLANNING COMMISSION DRAFT ACTION MINUTES Regular Meeting – Tuesday, March 6, 2012 – 7:00 P.M. City Hall Council Chambers 6907 El Camino Real, Atascadero, California CALL TO ORDER - 7:00 p.m. Chairperson Ward called the meeting to order at 7:00 p.m. and Commissioner Schmidt led the Pledge of Allegiance. ROLL CALL Present: Commissioners Colamarino, Dariz, Wingett, Vice Chairperson Schmidt, and Chairperson Ward Absent: Commissioner Bentz (excused absence) Commissioner Cooper (excused absence) Others Present: Recording Secretary Kris Roudebush Staff Present: Community Development Director Warren Frace and Assistant Planner Alfredo Castillo APPROVAL OF AGENDA MOTION: By Vice Chairperson Schmidt and seconded by Commissioner Dariz to approve the agenda. Motion passed 5:0 by a roll-call vote. (Bentz, Cooper absent) PUBLIC COMMENT None ITEM NUMBER: 1 DATE: 4-3-12 PC Draft Action Minutes of 3/6/12 Page 2 of 3 PLANNING COMMISSION BUSINESS None CONSENT CALENDAR 1. APPROVAL OF ACTION MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON FEBRUARY 21, 2012. The minutes were approved with no objections. COMMUNITY DEVELOPMENT STAFF REPORTS 2. PLN 2006-1133, ANNUAL HOUSING REPORT The State of California requires all cities to file an Annual Housing Report to the Department of Housing and Community Development (HCD). The purpose of the Housing Report is to monitor the implementation of the City’s General Plan Housing Element and progress toward meeting the City’s Regional Housing Needs Allocation (RHNA). Assistant Planner Castillo gave the staff report. He explained the income categories, median income for a 4 person household in SLO County, and reviewed the permitting history since 2007. He also reported on the affects of the dissolution of the RDA and future housing production. Assistant Planner Castillo answered questions from the Commission. PUBLIC COMMENT None Chairperson Ward closed the Public Comment period. MOTION: By Commissioner Colamarino and seconded by Commissioner Wingett to recommend that the Commission receive and forward the report to the City Council for approval, and then to the State for approval. Motion passed 5:0 by a roll-call vote. (Bentz, Cooper absent) PUBLIC HEARINGS None PC Draft Action Minutes of 3/6/12 Page 3 of 3 COMMISSIONER COMMENTS AND REPORTS  Commissioner Colamarino asked about parking for big meetings. Director Frace said he is working on it.  Commissioner Schmidt asked about notices for Eagle Ranch and Director Frace answered his questions.  Commissioner Colamarino and Chairperson Ward asked about the Walmart EIR changes and Director Frace answered their questions.  Commissioner Colamarino stated he may need to be e xcused from voting on the Eagle Ranch project because of the location of his house. DIRECTORS REPORT  Director Frace announced that the next meeting is scheduled for March 20, 2012, but will most likely be cancelled due to lack of items.  Director Frace stated that the Del Rio Road Commercial Area Specific Plan Notice of Availability of Partially Re-Circulated Draft EIR will be out on March 15, 2012. There will likely be a hearing that will be open to the public in June.  Director Frace gave an update on the Climate Action Plan grant which the City Council reviewed at their last meeting. ADJOURNMENT - 7:43 p.m. The next regular meeting of the Planning Commission is scheduled for March 20, 2012, at City Hall, Council Chambers, 6907 El Camino Real, Atascadero. MINUTES PREPARD BY: _____________________________ Kris Roudebush, Recording Secretary \\cityhall\cdvlpmnt\~ pc agendas\~ pc minutes\pc minutes 12\pc draft actn minutes 3 6 12.kr.docx ITEM NUMBER: ITEM NUMBER: 2 DATE: 4-3-12 Atascadero Planning Commission Staff Report – Community Development Department Alfredo R. Castillo, AICP, Assistant Planner, 470-3436, acastillo@atascadero.org PLN 2012-1432 Hazardous Tree Removal Permit 2012-0154 6225 Atascadero Mall Atascadero Bible Church / A& T Arborists SUBJECT: The proposed project includes a request to remove one (1) 36-inch DBH Valley oak, located in the rear parking lot of Atascadero Bible Church. The tree has significant decay and is likely to fail, creating a potential hazard in a high traffic area, as evaluated by A & T Arborists. RECOMMENDATION: Staff Recommends: The Planning Commission adopt Resolution PC 2012-0004 to allow the removal of one (1) hazardous Valley Oak totaling 36-inches DBH subject to conditions of approval and mitigation. Situation and Facts: 1. Property Owner/Applicant: Atascadero Bible Church, c/o Chris Key P.O. Box 987, Atascadero, CA 93423 2. Project Address: 6225 Atascadero Mall, Atascadero, CA 93422 3. Certified Arborist: Steven G. Alvarez # WE – 0511A 1565 El Camino Real, Atascadero, CA 93422 4. General Plan Designation: Public (P) 5. Zoning District: Public (P) ITEM NUMBER: ITEM NUMBER: 2 DATE: 4-3-12 BACKGROUND: The Atascadero Bible Church intended to preserve the large Valley Oak tree in the rear of the property. The tree continued to grow over subsequent years with limbs hanging over the parking areas. The subject tree is considered in poor health by the arborist due to decay and cracks on the trunk and limbs of the tree. ANALYSIS: An application has been submitted by Atascadero Bible Church for the removal of one (1) 36-inch DBH Valley Oak. The tree is located in the rear landscape area of the rear parking lot. The arborist evaluated the tree and identified the decay, scale pit, cracks, and the angle of the tree growth which is extremely hazardous. The report states that the Valley Oak has a large amount of decay in the roots, trunk, and scaffolds. In addition, the Valley Oak is leaning at a 25 degree angle and shows signs of cracking where the tree bends. Aerial Image of Property ITEM NUMBER: ITEM NUMBER: 2 DATE: 4-3-12 The arborist recommends removal because the tree poses a hazard to pedestrians, traffic, and vehicles. The report indicates that the tree has been pruned multiple times, but is still extremely hazardous due to the fact the tree leans 25 degrees and has large limbs. 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. 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 $600 into the tree fund or provide native tree plantings on-site with either twelve (12) five (5) gallon trees, or may elect to plant larger trees to reduce the amount of mitigation and plant enough trees to avoid the mitigation fee. The applicant has not indicated whether fees will be paid or a combination of planting and fees will occur . This site would be an ideal candidate for replanting. It is Staff’s recommendation that the City work with the applicant to select various sites for replanting native oak trees particularly along Atascadero Creek. ITEM NUMBER: ITEM NUMBER: 2 DATE: 4-3-12 Evergreen Native Trees (inches)Deciduous Native Trees (inches)Totals dbh notes dbh notes 1 36-inches Valley Oak 1 0-inches 2 2 3 3 4 4 5 5 6 6 Total 36-inches Total 0-inches 36-inches Mitigation Requirement req'd tree replacements:12 five gal trees req'd tree replacements:0 five gal trees 12 five gal trees Proposed Replanting 0 five gal trees Proposed Replanting 0 five gal trees 0 five gal trees 0 box trees (24'')0 box trees (24'')0 box trees (24'') Remaining Mitigation 12 five gal trees Remaining Mitigation 0 five gal trees 12 five gal trees Tree Fund Payment:600.00$ Tree Fund Payment:-$ 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 dead, diseased or injured beyond reclamation, as certified by a tree condition report from an Arborist. CONCLUSIONS: A Certified Arborist has determined that the subject 36-inch DBH Valley Oak tree is in severe decline and creates a potential hazard in a high traffic area. 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: 2 DATE: 4-3-12 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 – Applicant Letter Attachment 5 – Draft Resolution PC 2012-0004 ITEM NUMBER: ITEM NUMBER: 2 DATE: 4-3-12 ATTACHMENT 1: Location Map (Zoning Map) PLN 2012-1432 / TRP 2012-0154 6225 Atascadero Mall 36“ Valley Oak General Plan Designation: Public (P) Zoning District: Public (P) ITEM NUMBER: ITEM NUMBER: 2 DATE: 4-3-12 ATTACHMENT 2: Site Photos PLN 2012-1432 / TRP 2012-0154 6225 Atascadero Mall Visible root decay at the base of the trunk ITEM NUMBER: ITEM NUMBER: 2 DATE: 4-3-12 ATTACHMENT 2: Site Photos PLN 2012-1432 / TRP 2012-0154 6225 Atascadero Mall ITEM NUMBER: ITEM NUMBER: 2 DATE: 4-3-12 ATTACHMENT 2: Site Photos PLN 2012-1432 / TRP 2012-0154 6225 Atascadero Mall ITEM NUMBER: ITEM NUMBER: 2 DATE: 4-3-12 ATTACHMENT 3: Arborist Report PLN 2012-1432 / TRP 2012-0154 6225 Atascadero Mall ITEM NUMBER: ITEM NUMBER: 2 DATE: 4-3-12 ATTACHMENT 3: Arborist Report PLN 2012-1432 / TRP 2012-0154 6225 Atascadero Mall ITEM NUMBER: ITEM NUMBER: 2 DATE: 4-3-12 ATTACHMENT 4: Applicant Letter PLN 2012-1432 / TRP 2012-0154 6225 Atascadero Mall ITEM NUMBER: ITEM NUMBER: 2 DATE: 4-3-12 ATTACHMENT 5: Draft Resolution PC 2012-0004 PLN 2012-1432 / TRP 2012-0154 6225 Atascadero Mall DRAFT RESOLUTION NO. PC 2012-004 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING PLN 2012-1432 / TRP 2012-0154, TO ALLOW THE REMOVAL OF ONE (1) HAZARDOUS VALLEY OAK TOTALING 36 INCHES DBH LOCATED AT 6225 ATASCADERO MALL APN 030-192-018 (ATASCADERO BIBLE CHURCH/ ALVAREZ) WHEREAS, an application was received from Chris Key, Atascadero Bible Church, PO Box 987, Atascadero, CA 93423, (Property Owner/Applicant), for a Tree Removal Permit to remove one (1) hazardous Valley Oak totaling 36 inches DBH; and, WHEREAS, the Planning Commission reviewed the proposed Tree Removal Permit application on April 3, 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 dead, diseased or injured beyond reclamation, as certified by a tree condition report from an Arborist SECTION 2. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on April 3, 2012, resolved to approve Tree Removal Permit 2012- 0154, subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Tree Mitigation Chart ITEM NUMBER: ITEM NUMBER: 2 DATE: 4-3-12 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: ITEM NUMBER: 2 DATE: 4-3-12 EXHIBIT A: Conditions of Approval / Mitigation Monitoring PLN 2012-1432 / TRP 2012-0154 Conditions of Approval PLN 2012-1432 / TRP 2012-0154 6225 Atascadero Mall 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 $600 into the tree mitigation fund and/or replant native trees on subject property prior to removal of the Valley Oak, consistent with the Atascadero Municipal Code. Replanting is strongly encouraged to take place along Atascadero Creek frontage in-lieu of mitigation fees. Tree removal PS ITEM NUMBER: ITEM NUMBER: 2 DATE: 4-3-12 EXHIBIT B: Tree Mitigation Chart Evergreen Native Trees (inches)Deciduous Native Trees (inches)Totals dbh notes dbh notes 1 36-inches Valley Oak 1 0-inches 2 2 3 3 4 4 5 5 6 6 Total 36-inches Total 0-inches 36-inches Mitigation Requirement req'd tree replacements:12 five gal trees req'd tree replacements:0 five gal trees 12 five gal trees Proposed Replanting 0 five gal trees Proposed Replanting 0 five gal trees 0 five gal trees 0 box trees (24'')0 box trees (24'')0 box trees (24'') Remaining Mitigation 12 five gal trees Remaining Mitigation 0 five gal trees 12 five gal trees Tree Fund Payment:600.00$ Tree Fund Payment:-$ 600.00$ \\cityhall\cdvlpmnt\- 12 plns\pln 2012-1432 trp atascadero bible church\pln 2012-1432 abc tree removal-sr.ac.docx Bond payment for tree #31, impacted 45% :