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CITY OF ATASCADERO
PLANNING COMMISSION AGENDA
Regular Meeting
Tuesday, June 19, 2012 – 6:00 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 JUNE 5, 2012.
City of Atascadero Planning Commission Agenda Regular Meeting, June 19, 2012
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COMMUNITY DEVELOPMENT STAFF REPORTS
2. PLN 2099-0855, TREE REMOVAL PERMIT FOR 1225 EL CAMINO REAL
(OAK GROVE)
Property
Owner/Applicant:
People’s Self Help Housing, 3533 Empleo Street, San Luis Obispo, CA 93401
Certified Arborist: A & T Arborists, 1565 El Camino Real, Atascadero, CA 93422
Project Title: PLN 2099-0855 / TRP 2011-0146
Project Location: 1225 El Camino Real, Atascadero, CA 93422
(San Luis Obispo County) APN 049-042-019
General Plan Designation: High Density Residential
Zoning: RMF-20
Project Description:
The proposed project includes a request to remove one (1) 38-inch DBH Coast Live
Oak and one (1) 40-inch DBH Coast Live Oak, located at 1225 El Camino Real on lot
numbers 7 and 9. According to a Certified Arborist’s Report, the subject trees contain
extensive cavities which will inevitably cause total tree failure.
3. PLN 2012-1436, TREE REMOVAL PERMIT FOR 5715 SANTA CRUZ ROAD #31
Property
Owner/Applicant:
Hilltop Mobile Manor II LLC, 4425 N 78th St #267B, Scottsdale, AZ 85251
Hilltop Mobile Estates, 5715 Santa Cruz Road, Atascadero, CA 93422
Certified Arborist: A & T Arborists, 1565 El Camino Real, Atascadero, CA 93422
Project Title: PLN 2012-1436 / TRP 2012-0156
Project Location: 5715 Santa Cruz Road #31, Atascadero, CA 93422
(San Luis Obispo County) APN 049-042-006
General Plan Designation: HDR
Zoning District: RMF-16
Project Description:
The proposed project includes a request to remove one (1) 46-inch DBH Coast Live
Oak, located at 5715 Santa Cruz Road next to lot 31 adjacent to the Hillside Mobile
Estates office. The tree is decaying at the base of the trunk and has continuing
smaller limb failures.
PUBLIC HEARINGS
NONE
COMMISSIONER COMMENTS AND REPORTS
City of Atascadero Planning Commission Agenda Regular Meeting, June 19, 2012
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DIRECTOR’S REPORT
ADJOURNMENT
The next regular meeting of the Planning Commission is scheduled for July 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, June 19, 2012
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City of Atascadero
WELCOME TO THE ATASCADERO PLANNING COMMISSION MEETING
The Planning Commission meets in regular session on the first and third Tuesday of each month at 7:00 p.m. at City
Hall, Council Chambers, 6907 El Camino Real, Atascadero. Matters are considered by the Commission in the order
of the printed Agenda.
Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on
file in the office of the Community Development Department and are available for public inspection during City Hall
business hours at the Front Counter of City Hall, 6907 El Camino Real, Atascadero, and on our website,
www.atascadero.org. An agenda packet is also available for public review at the Atascadero Library, 6850 Morro
Road. All documents submitted by the public during Commission meetings that are either read into the record or
referred to in their statement will be noted in the minutes and available for review in the Community Development
Department. Commission meetings are audio recorded, and may be reviewed by the public. Copies of meeting
recordings are available for a fee. Contact the City Clerk for more information (470 -3400).
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City
meeting or other services offered by this City, please contact the City Manager’s Office or the City Clerk’s Office,
both at (805) 470-3400. Notification at least 48 hours prior to the meeting or time when services are needed will
assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or
service.
TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA
Under Agenda item, “PUBLIC COMMENT”, the Chairperson will call for anyone from the audience having business
with the Commission to approach the lectern and be recognized.
1. Give your name for the record (not required)
2. State the nature of your business.
3. All comments are limited to 3 minutes.
4. All comments should be made to the Chairperson and 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 projector can also be provided. You are
required to submit to the Recording Secretary a printed copy of your presentation for the record. Please check in with
the Recording Secretary before the meeting begins to announce your presence and turn in the printed copy.
The Chairperson will announce when the public comment period is closed, and thereafter, no further public
comments will be heard by the Commission.
PC Draft Action Minutes of 6/5/12
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CITY OF ATASCADERO
PLANNING COMMISSION
DRAFT ACTION MINUTES
Regular Meeting – Tuesday, June 5, 2012 – 6:00 P.M.
City Hall Council Chambers
6907 El Camino Real, Atascadero, California
CALL TO ORDER - 6:00 p.m.
Chairperson Ward called the meeting to order at 6:00 p.m. and Vice Chairperson
Schmidt led the Pledge of Allegiance.
ROLL CALL
Present: Commissioners Bentz, Cooper, Colamarino, Dariz, Vice
Chairperson Schmidt, and Chairperson Ward
Absent: Commissioner Wingett (excused absence)
Others Present: Recording Secretary Annette Manier
Scott Thorpe, Revenue Cost Specialists (RCS)
Jason Brandman, Michael Brandman Associates
Grant Gruber, Michael Brandman Associates
Steve Weinberger, Principal, W -Trans
Staff Present: Community Development Director Warren Frace
City Attorney, Brian Pierik
Director of Public Works-Engineering Russ Thompson
City Clerk, Marcia Torgerson
APPROVAL OF AGENDA
MOTION: By Commissioner Bentz and seconded by Vice
Chairperson Schmidt to approve the agenda.
Motion passed 6:0 by a roll-call vote.
ITEM NUMBER: 1
DATE: 6-19-12
PC Draft Action Minutes of 6/5/12
Page 2 of 12
PUBLIC COMMENT
The following people spoke during the public comment: Ron Rothman, Ellen B éraud,
and Jim Shannon.
Chairperson Ward closed the Public Comment period.
PLANNING COMMISSION BUSINESS
None
CONSENT CALENDAR
1. APPROVAL OF ACTION MINUTES OF THE REGULAR PLANNING
COMMISSION MEETING ON MAY 15, 2012.
MOTION: By Commissioner Bentz and seconded by Vice Chairperson
Schmidt to approve the agenda.
Motion passed 6:0 by a roll-call vote.
COMMUNITY DEVELOPMENT STAFF REPORTS
None
PUBLIC HEARINGS
1. DEL RIO ROAD COMMERCIAL AREA SPECIFIC PLAN:
PLN 2007-1245 – WALMART SUPERCENTER / PLN 2007-1246 – THE ANNEX
SHOPPING CENTER /
PLN 2007-1183 – ANNUAL CIP REVIEW – 2012 UPDATE OF THE FIVE YEAR
CAPITAL IMPROVEMENT PLAN:
PRIORITIZATION OF THE DEL RIO ROAD / US 101 INTERCHANGE
PROJECT
Property Owner: Walmart Inc. / The Rottman Group / Montecito Bank & Trust
Applicants: EDA Inc. / Omni Design Group
Project Title: Del Rio Road Commercial Area Specific Plan
PC Draft Action Minutes of 6/5/12
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PLN 2007-1245 – Walmart Supercenter / PLN 2007-1246 – The Annex
Shopping Center
PLN 2007-1183 – Annual CIP Review – 2012 Update of the Five Year Capital
Improvement Plan:
Prioritization of the Del Rio Road / US 101 Interchange Project
Project
Description:
Del Rio Commercial Area Specific Plan
The Del Rio Commercial Area Specific Plan consists of two non-contiguous areas totaling
approximately 39.3± acres located at the intersection of El Camino Real and Del Rio Road
in the City of Atascadero. The Specific Plan has two components:
Walmart component: A Walmart Supercenter store consisting of 129,560 square feet (sf),
two (2) 5,000 sf commercial outlots, and up to 44 multi -family residential units is proposed
to be developed on approximately 26.2± acres located at the southeast quadrant of the El
Camino Real / Del Rio Road intersection.
Annex component: Approximately 120,900 sf of commercial uses including food and
beverage retail sales, general merchandise stores, eating and drinking places and one
single-family residential remainder parcel with up to 6 dwelling units is proposed to be
developed on approximately 13.1± acres at the northeast quadrant of the El Camino Real /
Del Rio Road intersection and on the west side of El Camino Real.
Approvals and entitlements necessary for the proposed project include the following:
Environmental Impact Report certification
General Plan Amendment
Zoning Ordinance Text and Map Amendment
Specific Plan adoption
Specific Plan Master Plan of Development
Tree Removal Permits
Vesting Tentative Parcel Maps.
_____________________________
Capital Improvement Plan Component
The City of Atascadero is in the first fiscal-year of the 2011 – 2016 Five Year Capital
Improvement Plan (Capital Plan). The Atascadero Planning Commission is required to
annually review the Capital Improvement Plan and forward its findings to the City
Council. One of the main considerations of the proposed updated CIP is freeway
interchange improvements.
Traffic conditions and development patterns impact needed transportation improvements
over time, and require the City to update project priorities regularly. Based on the
current City Council focus on economic development, and recent environmental and
financial analysis of the Del Rio Specific Plan (Walmart / Annex Development), Staff
recommends that the Del Rio Road and San Anselmo Road interchanges be advanced
to the highest priority projects. Based on current and anticipated traffic levels (and near
term mitigation measures identified in the Del Rio Specific Plan) Staff recommends
revising the interchange improvements to the following :
1. Del Rio Interchange
2. San Anselmo Road Interchange
PC Draft Action Minutes of 6/5/12
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3. Traffic Way roundabout at SB on-ramp
4. Curbaril Avenue Interchange
5. Santa Barbara Road Roundabout at NB on-ramp
6. Santa Rosa Road Interchange
Proposed
Environmental
Determination:
Certification of Final Environmental Impact Report (SCH No.: 2010051034)
Staff
Recommendation:
Staff recommends the Planning Commission:
1. Adopt Resolution PC 2012-0005 recommending that the City Council adopt
Resolution “A”, certifying Proposed Final Environmental Impact Report SCH No.
2010051034 for the Del Rio Road Commercial Area Specific Plan, including
Mitigation Monitoring Program, and Statement of Overriding Considerations; and,
2. Adopt Resolution PC 2012-0006 recommending the City Council adopt Resolution
“B”, approving General Plan Land Use Diagram Amendment (GPA 2007-0020 and
GPA 2007-0021) based on findings; and,
3. Adopt Resolution PC 2012-0007 recommending that the City Council introduce
Ordinance “A” for first reading to establish zoning code text for Specific Plan Zone
2 (ZCH 2007-0141 and ZCH 2007-0142) based on findings; and,
4. Adopt Resolution PC 2012-0008 recommending that the City Council introduce
Ordinance “B” for first reading to approve a zoning map amendment (ZCH 2007-
0141 and ZCH 2007-0142), including a zoning overlay of the project site to “SP-2”
(Specific Plan Zone 2) based on findings; and,
5. Adopt Resolution PC 2012-0009 recommending that the City Council introduce
Ordinance “C” for first reading, for the adoption of Specific Plan Zone 2 (SP 2009 -
0003) which includes the Del Rio Road Commercial Area Specific Plan and
Appendix documents, based on findings; and
6. Adopt Resolution PC 2012-0010 recommending the City Council adopt Resolution
“C”, adopting Specific Plan Master Plan of Development (SP 2009 -0003) for the
Del Rio Commercial Area, based on findings and subject to Conditions of Approval;
and,
7. Adopt Resolution PC 2012-0011 recommending the City Council adopt Resolution
“D”, approving the Walmart Tree Removal Permit TRP 2009-0128, based on
findings and subject to Conditions of Approval; and,
8. Adopt Resolution PC 2012-0012 recommending the City Council adopt Resolution
“E”, approving the Annex Tree Removal Permit TRP 2009-0127, based on findings
and subject to Conditions of Approval; and,
9. Adopt Resolution PC 2012-0013 recommending the City Council adopt Resolution
“F” to approve the Walmart Vesting Tentative Parcel Map AT 09-0073 (TPM 2009-
0095; Walmart) based on findings and subject to Conditions of Approval; and,
10. Adopt Resolution PC 2012-0014 recommending the City Council adopt Resolution
“G” to approve the Annex Vesting Tentative Parcel Map AT 07-0059 (TPM 2011-
PC Draft Action Minutes of 6/5/12
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0098; The Annex) based on findings and subject to Conditions of Approval.
11. Adopt Resolution PC 2012-0016 / “H” notifying the City Council that the Planning
Commission has found the 2012 Update of the Five-Year Capital Improvement
Plan consistent with the General Plan, based on findings.
12. Recommend the City Council allocate funds and direct staff to begin the permitting
and design process for the expansion of the Del Rio Road / US 101 interchange.
Commissioner Cooper announced he would be recusing himself from voting on the item
because he signed a card in support of the Walmart project. Chairperson Ward stated
that he was excused from the meeting. Commissioner Cooper left the room.
DISCLOSURE OF EX PARTE COMMUNICATIONS:
Commissioner Colamarino – Received several emails, has had some
conversations with individuals, but has not spoken to the applicants.
Vice Chairperson Schmidt – Received several emails and phone calls, but has
not spoken to any of the project proponents. Received a mailer from “Save
Atascadero.”
Commissioner Bentz – Received several emails, and turned his emails in to the
City Clerk tonight. He also received phone calls, however, he did not have any
lengthy conversations with the people on the phone; he thanked them for their
comments and hung up.
Commissioner Dariz – Received several emails and phone calls, but has not
spoken to any representatives of the project.
Chairperson Ward – Received several emails and phone calls. He received one
email that he responded to in regards to this meeting being televised.
Chairperson Ward asked each Commissioner if they felt they could be objective tonight
and could vote unbiased on the item and they all answered yes.
Community Development Director, Warren Frace gave an overview on the meeting
outline.
City Attorney, Brian Pierik stated that the City received a letter from Nicki Carlsen from
the law firm Alston & Bird LLP (Exhibit A) on June 4, 2012. Ms. Carlsen is the Attorney
for The Rottman Group and she has requested a continuance of this hearing. He has
reviewed this information with City staff, and it is his recommendation that we continue
this meeting tonight.
Warren Frace made a staff presentation on the Walmart project and then on the Annex
project, and introduced the applicants and consultants. Director Frace announced that
there were two Erratas and one supplemental information packet (3 total supplements)
that were distributed and posted online after the issuance of the agenda packet. There
PC Draft Action Minutes of 6/5/12
Page 6 of 12
was also some additional correspondence received which was submitted to the
Planning Commission.
Scott Thorpe with RCS (Revenue Cost Specialists) said he would be happy to answer
any questions.
Grant Gruber, MBA, gave a presentation on the findings of the Environmental Review
Process.
Steve Weinberger, Principal with W -Trans, gave a presentation on the traffic analysis.
Warren Frace talked about the Fiscal Impact Analysis and said this is in the staff report.
The Planning Commission will make a recommendation to the City Council.
Commissioners asked questions of staff and the consultants. Warren Frace, Russ
Thompson, Steve Weinberger, Grant Gruber, and Brian Pierik answered questions from
the Commission.
Applicant Amelia McCleer, Senior Manager for Walmart Public Affairs in Central
California, gave a presentation on the Walmart project.
Ellen Berkowitz, representative of Walmart, answered questions on the oaks that will be
removed and she gave a presentation on the Walmart project and answered questions
from the Commission.
Robert Winslow, Engineer and Representative from the Rottman Group , talked about
the project. Rottman and Montecito Bank and Trust do not have an agreement about
the future of the parcel. There are no agreements between Rottman and Montecito
Bank. He asked the Commission not to recommend approval of the project and
requested a continuance. Director Frace said the City Attorney addressed the issue of
continuance earlier and the meeting will continue.
PUBLIC COMMENT
The following people spoke during the public comment: Ron Rothman, Richard Moen,
Stephen LaSalle (reading for Lee Perkins), Barbara Cern y-Ryan, Devin Decater,
Stephen Garrow, Icey Hagedorn, Julie Clark, Jan Wolff, David Broadwater (Exhibit B),
Madeline Rothman (Exhibit C), and Mike Anderson.
Chairperson Ward closed the Public Comment period to adjourn for a break at
8:30 p.m.
Chairperson Ward readjourned the meeting at 8:47 p.m. and reopened the public
comment period.
PC Draft Action Minutes of 6/5/12
Page 7 of 12
The following people spoke during the public comment: Edward Veek , Shirley Lyons,
Ellen Béraud, Linea Bloomfield, John Bunyea, Nicole Ponek, Mark R. Wolfe, (Attorney
who submitted a letter (Exhibit D), Abby Rexroh, Linda Hendy (Atascadero Chamber of
Commerce), Gary Kirkland, Mary Lea Harris, Anthony Falcone, John Holman, Bob
Wilkins, Randy Lawrence, Anthony R. Kalvans, Franca Lansky, Hardy Nielsen, Fred
Frank, John Daly, Chuck Cooper, Terry Richardson, Constantino (Tino) Santos, Michael
Richardson, Gary Smith, Conner Whiteford, Sandy Jack, Daniel Martinez, Elizabeth Fry,
Jeff Brazzi, Garth W ilwand, Franny Falcone, Randy Ramirez, Chip W ullbrandt
(Montecito Bank & Trust), Jim Shannon III, Terresa Novak, Pete Novak, Richard
McVicker, Stephen Kauhn, Bob Arnold, and Nick Miller.
Chairperson Ward closed the Public Comment period.
Chairperson Ward adjourned the meeting for a break at 10:08 p.m.
Chairperson Ward readjourned the meeting at 10:30 p.m.
Chairperson Ward asked Director Frace to coordinate responses to questions brought
about during public comment. Steve Weinberger and Scott Thorpe addressed
interchange questions. Brian Pierik and Steve Weinberger answered questions about
Mr. Wolfe’s letter (Exhibit D) Grant Gruber answered questions about Mr. Wolfe’s letter.
Russ Thompson addressed questions about roundabouts, cost estimates, the project
initiation document, changes to the Capital Improvement Program (CIP), construction
impacts, and drainage between the two parcels. W arren Frace answered questions
about public safety, sound, projected sales tax revenue, and drive-thrus. Grant Gruber
answered questions about parking spaces.
MOTION: By Commissioner Bentz and seconded by Vice Chairperson
Schmidt to extend the meeting past 11:00 p.m.
Motion passed 5:0 by a roll-call vote. (Cooper abstained)
Commissioner Colamarino explained that he would like to have something written in
response to Mr. Wolfe’s letter. City Attorney, Brian Pierik addressed Mr. Colamarino’s
concerns. Commissioner Colamarino explained why he would be voting no on the
project. His concerns with approval were the potential financial risks, potential litigation
risks, borrowing money from the Wastewater fund (which would be a gamble due to the
City’s limited resources), and the expectation that the Annex will go swimmingly, all of
which make this project not a compelling deal.
PC Draft Action Minutes of 6/5/12
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MOTION: By Commissioner Bentz and seconded by Vice Chairperson
Schmidt to adopt Resolution PC 2012-0005, Resolution “A”
recommending the City Council certify the Final Environmental
Impact Report (FEIR) for the Del Rio Commercial Area Specific
Plan and adopt CEQA Findings of Fact Statement of
Overriding Considerations Mitigation Monitoring and
Reporting Program for the Del Rio Commercial Area Specific
Plan for Walmart Stores Inc. / The Rottman Group / Montecito
Bank and Trust, based on findings and subject to conditions
of approval, inclusion of erratas 1 and 2 and all
correspondence received on June 5, 2012.
Motion passed 4:1 by a roll-call vote. (Cooper abstained) (Colamarino opposed)
MOTION: By Commissioner Bentz and seconded by Vice Chairperson
Schmidt to adopt Resolution PC 2012-0006, Resolution “B”
recommending the City Council approve General Plan Land
Use Diagram Amendments 2007-0020 and GPA 2007-0021
based on findings and subject to conditions of approval,
inclusion of erratas 1 and 2 and all correspondence received
on June 5, 2012.
Motion passed 4:1 by a roll-call vote. (Cooper abstained) (Colamarino opposed)
MOTION: By Vice Chairperson Schmidt and seconded by Commissioner
Bentz to adopt Resolution PC 2012-0007, Ordinance “A”
recommending that the City Council adopt an ordinance
establishing a “Specific Plan Zone 2” Zoning Code Text
Amendment (ZCH 2007-0141 and ZCH 2007-0142) for the Del
Rio Commercial Area Specific Plan based on findings and
subject to conditions of approval, and inclusion of erratas 1
and 2 and all correspondence received on June 5, 2012.
Motion passed 4:1 by a roll-call vote. (Cooper abstained) (Colamarino opposed)
PC Draft Action Minutes of 6/5/12
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MOTION: By Vice Chairperson Schmidt and seconded by Commissioner
Bentz to adopt Resolution PC 2012-0008, Ordinance B Zoning
Map Amendment, recommending that the City Council adopt
an Ordinance approving a zoning map amendment (ZCH 2007-
0141 and ZCH 2007-0142) amending the official zoning map
designation for the Del Rio Commercial Area Specific Plan
based on findings and subject to conditions of approval, and
inclusion of erratas 1 and 2 and all correspondence received
on June 5, 2012.
Motion passed 4:1 by a roll-call vote. (Cooper abstained) (Colamarino opposed)
MOTION: By Commissioner Bentz and seconded by Vice Chairperson
Schmidt to adopt Resolution PC 2012-0009, Ordinance C
Specific Plan Document Adoption, recommending that the City
Council introduce an ordinance adopting the Specific Plan
Document for the SP-2 Zoning district for the Del Rio
Commercial Area (SP 2009-0003) based on findings and
subject to conditions of approval and inclusion of erratas 1
and 2 and all correspondence received on June 5, 2012.
Motion passed 4:1 by a roll-call vote. (Cooper abstained) (Colamarino opposed)
MOTION: By Commissioner Bentz and seconded by Vice Chairperson
Schmidt to adopt Resolution PC 2012-0010, Resolution “C”
Specific Plan Master Plan of Development, recommending that
the City Council approve the Specific Plan Master Plan of
Development for the Del Rio Road Commercial Area Specific
Plan based on findings and subject to conditions of approval
inclusion of erratas 1 and 2 and all correspondence received
on June 5, 2012.
Motion passed 4:1 by a roll-call vote. (Cooper abstained) (Colamarino opposed)
PC Draft Action Minutes of 6/5/12
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MOTION: By Vice Chairperson Schmidt and seconded by Commissioner
Bentz to adopt Resolution PC 2012-0011, Tree Removal Permit
for Walmart, recommending approval of tree removal permits
(TRP 2009-0128) to allow the removal of up to 120 native trees
located at the Walmart section of the Del Rio Road Commercial
Area Specific Plan, based on findings and subject to
conditions of approval and inclusion of erratas 1 and 2 and all
correspondence received on June 5, 2012.
Motion passed 4:1 by a roll-call vote. (Cooper abstained) (Colamarino opposed)
MOTION: By Vice Chairperson Schmidt and seconded by Commissioner
Bentz to adopt Resolution PC 2012-0012, Tree Removal Permit
for The Annex, recommending approval of tree removal
permits (TRP 2009-0127) to allow the removal of up to 46
native trees located at the Annex section of the Del Rio Road
Commercial Area Specific Plan, based on findings and subject
to conditions of approval and inclusion of erratas 1 and 2 and
all correspondence received on June 5, 2012.
Motion passed 4:1 by a roll-call vote. (Cooper abstained) (Colamarino opposed)
MOTION: By Commissioner Bentz and seconded by Vice Chairperson
Schmidt to adopt Resolution PC 2012-0013, Resolution “F”
Parcel Map – Walmart, recommending that the City Council
approve a Vesting Tentative Parcel Map 2009 -0095 consistent
with the SP-2 Zone of the Del Rio Commercial Area Specific
Plan, based on findings and subject to conditions of approval
and inclusion of erratas 1 and 2 and all correspondence
received on June 5, 2012.
Motion passed 4:1 by a roll-call vote. (Cooper abstained) (Colamarino opposed)
PC Draft Action Minutes of 6/5/12
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MOTION: By Commissioner Bentz and seconded by Vice Chairperson
Schmidt to adopt Resolution PC 2012-0014, Resolution “G”
Parcel Map – Annex, recommending that the City Council
approve a Vesting Tentative Parcel Map 20 11-0098 (AT 07-
0059) consistent with the SP-2 Zone of the Del Rio Commercial
Area Specific Plan, based on findings and subject to
conditions of approval inclusion of erratas 1 and 2 and all
correspondence received on June 5, 2012.
Motion passed 4:1 by a roll-call vote. (Cooper abstained) (Colamarino opposed)
MOTION: By Vice Chairperson Schmidt and seconded by Commissioner
Bentz to adopt Resolution PC 2012-0016, Resolution “H”
Update to the Five-Year Capital Improvement Plan - finding
the 2012 update to the Five-Year CIP consistent with the
General Plan, based on findings and subject to conditions of
approval inclusion of erratas 1 and 2 and all correspondence
received on June 5, 2012.
Motion passed 4:1 by a roll-call vote. (Cooper abstained) (Colamarino opposed)
MOTION: By Vice Chairperson Schmidt and seconded by Commissioner
Bentz to recommend the City Council allocate funds and direct
staff to begin the permitting and design process for the
expansion of the Del Rio Road / US 101 interchange, based on
findings and subject to conditions of approval, and inclusion
of erratas 1 and 2 and all correspondence received on June 5,
2012, with a special condition added for an agreement between
staff and the tenants at the Mission Oaks Annex Shopping
Center to meet regularly through any form of communication
convenient to discuss the timing and staging of road
construction issues to ensure that adequate access is always
provided to the Shopping Center.
Motion passed 4:1 by a roll-call vote. (Cooper abstained) (Colamarino opposed)
COMMISSIONER COMMENTS AND REPORTS
None
PC Draft Action Minutes of 6/5/12
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DIRECTORS REPORT
Director Frace announced that the next meeting is scheduled for June 19, 2012.
Director Frace answered Chairperson Ward’s questions on Colony Square.
ADJOURNMENT - 12:04 a.m. (Wed. June 6, 2012)
The next regular meeting of the Planning Commission is scheduled for June 19, 2012,
at 6:00 p.m. 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 Alston & Bird LLP
Exhibit B – Letter from David Broadwater
Exhibit C – Letter from Madeline Rothman
Exhibit D – Correspondence from m | r | wolfe & associates, p.c. attorneys-at-law
Adopted ___________
ITEM NUMBER: ITEM NUMBER: 2
DATE: 6-19-12
Atascadero Planning Commission
Staff Report – Community Development Department
Alfredo R. Castillo, AICP, Assistant Planner, 470-3436, acastillo@atascadero.org
Elizabeth Brighton, Planning Intern, ebrighton@atascadero.org
PLN 2099-0855 / Tree Removal Permit 2011-0146
1225 El Camino Real
(People’s Self Help Housing)
SUBJECT:
The proposed project includes a request to remove three (3) Coast Live Oaks totaling,
140-inches DBH, located at 1225 El Camino Real on lot numbers 7 and 9. According to
a Certified Arborist’s Report, the subject trees contain extensive cavities which will
inevitably cause total tree failure.
RECOMMENDATION:
Staff Recommends:
The Planning Commission adopt Resolution 2012-0018 to allow the removal of three (3)
hazardous Coast Live Oaks totaling 140-inches DBH subject to conditions of approval
and mitigation.
Situation and Facts:
1. Applicant/Owner: People’s Self Help Housing
3533 Empleo Street
San Luis Obispo, CA 93401
2. Project Address: 1225 El Camino Real
Atascadero, CA 93422
APN 049-047-007
APN 049-047-009
3. Certified Arborist: Chip Tamagni
A&T Arborists
P.O. Box 1311, Templeton, CA 93465
4. General Plan Designation: Single-Family Residential (SFR-X)
5. Zoning District: Residential Single-Family (RSF-X)
ITEM NUMBER: ITEM NUMBER: 2
DATE: 6-19-12
BACKGROUND:
A Certified Arborist examined and inventoried all trees within the Planned Development
Overlay #17 (boundary shown on map below with black dashed line) in September of
2005, as part of the approval process. As several years have passed since any tree
work was performed within the site, the current condition of all trees was recently
reviewed. In this review, the two subject trees (circled below in red) were determined by
a Certified Arborist to be decaying to the extent that they will present a serious hazard in
the near future.
ANALYSIS:
An application has been submitted by People’s Self Help Housing for the removal of
three (3) Coast Live Oaks, totaling 140 inches DBH. Tree #54 and Tree #53 are located
on lot 9. Tree #57 is located in lot 7. Trees #54 and #53 both have large cavities, one
at its base and the other in the crotch of its two main branches. The Arborist’s Report
states that they will most likely fail at those points. Tree #57 also has extensive cavities
and nesting holes in almost all of it main scaffold branches with no reasonable limb to
trim back to. The subject tree is riddled with woodpecker damage and will inevitably fa il
in the near future. The map on the following page shows the location of the existing
subject trees in relation to the proposed residences.
38-inch Coast Live Oak (#57)
40-inch Coast Live Oak (#54)
62-inch Coast Live Oak (#53)
ITEM NUMBER: ITEM NUMBER: 2
DATE: 6-19-12
Tree #54 (40-inch DBH) Tree #54: close-up of trunk cavity
Map showing location of subject trees in relation to proposed residences
The pictures above depict the current condition of tree #54. The tree sits along Atalaya
Street on lot 9 as shown on the map above. The Arborist’s Report states that the tree is
more of a risk to the residence on the neighboring lot, number 8 than to the residence
proposed for lot 9.
The pictures on the following page show the current condition of tree #53. The tree sits
in the back of lot number nine and is in a state of decline. The picture on the left
denotes the subject tree’s large cavity in the crotch between the tree’s two branches as
mentioned in the Arborist’s Report.
ITEM NUMBER: ITEM NUMBER: 2
DATE: 6-19-12
Tree #57: Scaffold branch cavity & woodpecker holes Tree #57
Tree #53: Cavity in crotch of tree Tree #53
The pictures below show the current condition of tree #57. As the map on the former
page depicts, the subject tree is located within close proximity to the proposed
residence. The Arborist’s Report states that each of the tree’s main scaffold branches
contain a cavity similar to the one shown in the picture on the left below. These cavities
are most likely the areas in which failure will occur. The report indicates that not only
does the tree have extensive cavities, but also, it has extensive woodpecker damage.
The report states that proximity of the failing and hazardous tree to the proposed home
necessitates removal.
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 application as the subject trees have declined to the extent that
they are hazardous to future homeowners. This condition (certified by the Arborist’s
Report) qualifies for a waiver of fees as stated in AMC Section 9-11.105, subsections
(c)(3) and (d)(2)(i).
ITEM NUMBER: ITEM NUMBER: 2
DATE: 6-19-12
The Atascadero Municipal Code (AMC) does, however, require mitigation for all trees
approved for removal, which is approximately $1,166.67 or the replanting of 23 five (5)
gallon like native trees on-site, or any combination thereof. Staff is recommending that
the 23 trees be replanted on site as part of housing construction.
AMC Section 9-11.105 identifies specific conditions of approval. The mitigation fee for
the removal of all the trees 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)
FINDINGS:
In considering any tree removal request, at least one of the required findings in AMC
Section 9-11.105, subsection (d)(2) 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 40-inch, 38-inch, and 62-inch DBH
Coast Live Oak trees create a hazard for future residents. 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: 6-19-12
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 2012-0018
ITEM NUMBER: ITEM NUMBER: 2
DATE: 6-19-12
ATTACHMENT 1: Location Map (Zoning Map)
PLN 2099-0855 / TRP 2011-0146
1225 El Camino Real
40-inch Coast Live Oak
General Plan Designation: Single-Family Residential (SFR-X)
Zoning District: Residential Single-Family (RSF-X)
38-inch Coast Live Oak
62-inch Coast Live Oak
ITEM NUMBER: ITEM NUMBER: 2
DATE: 6-19-12
ATTACHMENT 2: Site Photos
PLN 2099-0855 / TRP 2011-0146
1225 El Camino Real
Tree #57 Current Condition
ITEM NUMBER: ITEM NUMBER: 2
DATE: 6-19-12
ATTACHMENT 2: Site Photos
PLN 2099-0855 / TRP 2011-0146
1225 El Camino Real
Visible root decay at the base of the trunk
Tree #54 Current Condition
ITEM NUMBER: ITEM NUMBER: 2
DATE: 6-19-12
ATTACHMENT 2: Site Photos
PLN 2099-0855 / TRP 2011-0146
1225 El Camino Real
Tree #53 Current Condition
ITEM NUMBER: ITEM NUMBER: 2
DATE: 6-19-12
ATTACHMENT 2: Site Photos
PLN 2099-0855 / TRP 2011-0146
1225 El Camino Real
Tree #53 Current Condition
ITEM NUMBER: ITEM NUMBER: 2
DATE: 6-19-12
ATTACHMENT 3: Arborist Report
PLN 2099-0855 / TRP 2011-0146
1225 El Camino Real
ITEM NUMBER: ITEM NUMBER: 2
DATE: 6-19-12
ATTACHMENT 3: Arborist Report
PLN 2099-0855 / TRP 2011-0146
1225 El Camino Real
ITEM NUMBER: ITEM NUMBER: 2
DATE: 6-19-12
ATTACHMENT 3: Arborist Report
PLN 2099-0855 / TRP 2011-0146
1225 El Camino Real
6-12-12
Callie Taylor
City of Atascadero Planning Department
Re: Oak Grove
Callie, as we were performing some hazard reduction trimming at the El Camino Oak
Grove property, our foreman called us out to the site to re -evaluate tree #53, a 62”
diameter coast live oak (Quercus agrifolia). The cavity in the tree was much more
extensive than we initially thought. In addition, there is another sever cavity higher in
the tree that we did not notice from the ground. We cannot justify trimming this tree
when the decay is as extensive as it is. We are requesting that the planning
commission consider the removal of this tree in addition to the other two. Include are
two pictures we took today. In the first picture, a four foot stake was inserted into the
cavity at the crotch to illustrate the extensive cavity.
Please let us know if you need any more information.
Chip Tamagni
Certified Arborist #WE 6436-A
Steven Alvarez
Certified Arborist #WE 0511A
A & T ARBORISTS
P.O. BOX 1311 TEMPLETON, CA 93465 (805) 434-0131
ITEM NUMBER: ITEM NUMBER: 2
DATE: 6-19-12
ATTACHMENT 3: Arborist Report
PLN 2099-0855 / TRP 2011-0146
1225 El Camino Real
ITEM NUMBER: ITEM NUMBER: 2
DATE: 6-19-12
ATTACHMENT 3: Arborist Report
PLN 2099-0855 / TRP 2011-0146
1225 El Camino Real
ITEM NUMBER: ITEM NUMBER: 2
DATE: 6-19-12
ATTACHMENT 4: Draft Resolution PC 2012-0018
PLN 2099-0855 / TRP 2011-0146
1225 El Camino Real
DRAFT RESOLUTION NO. PC 2012-0018
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ATASCADERO APPROVING
PLN 2099-0855 / TRP 2011-0146, TO ALLOW THE REMOVAL OF THREE
(3) HAZARDOUS COAST LIVE OAKS TOTALING 140 INCHES DBH
LOCATED AT 1225 EL CAMINO REAL
(PEOPLE’S SELF HELP HOUSING)
WHEREAS, an application was received from People’s Self Help Housing, 3533
Empleo Street, San Luis Obispo, CA 93401 (Applicant/Owner), for a Tree Removal Permit to
remove three (3) hazardous Coast Live Oaks totaling 140 inches DBH; and,
WHEREAS, the Planning Commission reviewed the proposed Tree Removal Permit
application on June 19, 2012 at 6 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 trees are injured beyond reclamation 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 June 19,2012, resolved to approve Tree Removal Permit 2011-
0146, subject to the following:
EXHIBIT A: Conditions of Approval
EXHIBIT B: Tree Mitigation Chart
ITEM NUMBER: ITEM NUMBER: 2
DATE: 6-19-12
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: 6-19-12
EXHIBIT A: Conditions of Approval / Mitigation Monitoring
PLN 2099-0855 / TRP 2011-0146
Conditions of Approval
PLN 2099-0855 / TRP 2011-0146
1225 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 replant a minimum of 23 native five (5) gallon trees on
the subject property. Prior to removal of the Coast Live Oaks, a replanting
plan shall be approved by the Planning Department.
Tree removal PS
ITEM NUMBER: ITEM NUMBER: 2
DATE: 6-19-12
EXHIBIT B: Tree Mitigation Chart for Residential Single-Family
Evergreen Native Trees (inches)Deciduous Native Trees (inches)Totals
dbh notes dbh notes
1 40-inches Coast Live 1
2 38-inches Coast Live 2
3 62-inches Coast Live 3
15 15
Total 140-inches Total 0-inches 140-inches
Mitigation Requirement
req'd tree replacements:23 five gal trees req'd tree replacements:0 five gal trees
Proposed Replanting 0 five gal trees Proposed Replanting 0 five gal trees 0 five gal trees
0 fifteen gal trees 0 fifteen gal trees 0 fifteen gal trees
0 box trees (24'')0 box trees (24'')0 box trees (24'')
Remaining Mitigation 0 five gal trees Remaining Mitigation 0 five gal trees 0 five gal trees
Tree Fund Payment:1,166.67$ Tree Fund Payment:-$ 1,166.67$
Bond payment for tree #31, impacted 45% :
ITEM NUMBER: ITEM NUMBER: 3
DATE: 6-19-12
Atascadero Planning Commission
Staff Report – Community Development Department
Alfredo R. Castillo, AICP, Assistant Planner, 470-3436, acastillo@atascadero.org
Elizabeth Brighton, Planning Intern, 470-3470, planninginterns@atascadero.org
PLN 2012-1436
Tree Removal Permit 2012-0156
5715 Santa Cruz Road
(Charles McIntire)
SUBJECT:
The proposed project includes a request to remove one (1) 46-inch DBH Coast Live
Oak, located at 5715 Santa Cruz Road next to lot 31 adjacent to the Hillside Mobile
Estates office. The tree is decaying at the base of the trunk and has continuing smaller
limb failures as well as one large decaying limb with utility cables attached to it.
RECOMMENDATION:
Staff Recommends:
The Planning Commission adopt Resolution 2012-0017 to allow the removal of one (1)
hazardous Coast Live Oak totaling 46-inches DBH subject to conditions of approval and
mitigation.
Situation and Facts:
1. Applicant: Charles McIntire,
5715 Santa Cruz Road, SP #66, Atascadero,
CA 93422
Owner: Hilltop Mobile Manor II LLC
4425 N. 78th St. #267B
Scottsdale, AZ 85251-2558
2. Project Address: 5715 Santa Cruz Road, #31, Atascadero, CA
93422, APN 049-042-006
ITEM NUMBER: ITEM NUMBER: 3
DATE: 6-19-12
3. Certified Arborist: Chip Tamagni
A&T Arborists
P.O. Box 1311, Templeton, CA 93465
4. General Plan Designation: High-density residential (HDR)
5. Zoning District: Residential Multi-family (RMF-20)
BACKGROUND:
The Hilltop Mobile Estates Manor was established sometime prior to 1959. The mobile
home park has had tree removal permits processed in the past in which dead or
decaying trees were removed because they were found to be hazards and a potential
threat to the safety of residents. A Certified Arborist has examined the subject tree and
considers it in poor health and a hazard.
46-inch Coast Live Oak
Office
ITEM NUMBER: ITEM NUMBER: 3
DATE: 6-19-12
Proposed tree to be removed Subject tree: close-up of trunk cavity
ANALYSIS:
An application has been submitted by Mr. Charles McIntire for the removal of one (1)
46-inch DBH Coast Live Oak. The tree is located directly adjacent to #31 and is in
proximity to the Hilltop Mobile Estates office.
The Arborist Report states that a large cavity at the trunk of the tree has caused
damage to at least 50% of the tree’s structural xylem tissue resulting in limb failures.
The subject tree has required extensive pruning over the last four years to remove dead
limbs.
The arborist recommends that the tree be removed as it is a continuing hazard with its
decaying limbs and trunk.
The pictures above depict the current condition of the subject tree. Heavy pruning of
dead, decaying limbs has occurred. The tree’s dead or dying branches are a hazard to
the safety of the residents in the mobile homes pictured.
ITEM NUMBER: ITEM NUMBER: 3
DATE: 6-19-12
Tree Mitigation
Permit fees are not required for the removal of a hazardous tree. The regular fee for a
Tree Removal Permit that requires Planning Commission hearing is $755. The fee has
been waived for the application as the subject tree has declined to the extent that it is
hazardous. This condition (certified by the arborist’s report) qualifies for a waiver of
fees as stated in AMC Section 9-11.105, subsections (c)(3) and (d)(2)(i).
The Atascadero Municipal Code (AMC) does, however, require 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)
The arborist report notes that the applicant has indicated willingness to plant
replacement trees on site. The mitigation fee is approximately $766.67 or the replanting
of 15 five (5) gallon of like native trees on-site.
FINDINGS:
In considering any tree removal request, at least one of the required findings in AMC
Section 9-11.105, subsection (d)(2) 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 46-inch DBH Coast Live Oak tree
creates a hazard within the Hilltop Mobile Estates. Based on the arborist’s evaluation
and above analysis, findings can be made to approve the requested removal, subject to
the required mitigation.
Bond payment for tree #31, impacted 45% :
ITEM NUMBER: ITEM NUMBER: 3
DATE: 6-19-12
ALTERNATIVES:
1. The Commission may approve the project with additional or revised project
conditions.
2. The Commission may deny the project if it is found that the required findings cannot
be made. The Commission’s motion to deny must include a finding basis for denial.
3. The Commission may continue the hearing and refer the item back to staff for
additional information or analysis. Direction should be given to staff and the
applicant on required information.
ATTACHMENTS:
Attachment 1 – Location Map (General Plan & Zoning)
Attachment 2 – Site Photos
Attachment 3 – Arborist Report
Attachment 4 – Draft Resolution PC 2012-0017
ITEM NUMBER: ITEM NUMBER: 3
DATE: 6-19-12
ATTACHMENT 1: Location Map (Zoning Map)
PLN 2012-1436 / TRP 2012-0156
5715 Santa Cruz Road
General Plan Designation: High-density residential (HDR)
Zoning District: Residential, Multi-Family (RMF-20)
46-inch Coast Live Oak
ITEM NUMBER: ITEM NUMBER: 3
DATE: 6-19-12
ATTACHMENT 2: Site Photos
PLN 2012-1436 / TRP 2012-0156
5715 Santa Cruz Road
ITEM NUMBER: ITEM NUMBER: 3
DATE: 6-19-12
ATTACHMENT 2: Site Photos
PLN 2012-1436 / TRP 2011-0156
5715 Santa Cruz Road
Visible root decay at the base of the trunk
ITEM NUMBER: ITEM NUMBER: 3
DATE: 6-19-12
ATTACHMENT 2: Site Photos
PLN 2012-1436 / TRP 2011-0156
5715 Santa Cruz Road
ITEM NUMBER: ITEM NUMBER: 3
DATE: 6-19-12
ATTACHMENT 3: Arborist Report
PLN 2012-1436 / TRP 2012-0156
5715 Santa Cruz Road
ITEM NUMBER: ITEM NUMBER: 3
DATE: 6-19-12
ATTACHMENT 3: Arborist Report
PLN 2012-1436 / TRP 2012-0156
5715 Santa Cruz Road
ITEM NUMBER: ITEM NUMBER: 3
DATE: 6-19-12
ATTACHMENT 3: Arborist Report
PLN 2012-1436 / TRP 2012-0156
5715 Santa Cruz Road
ITEM NUMBER: ITEM NUMBER: 3
DATE: 6-19-12
ATTACHMENT 3: Arborist Report
PLN 2012-1436 / TRP 2012-0156
5715 Santa Cruz Road
ITEM NUMBER: ITEM NUMBER: 3
DATE: 6-19-12
ATTACHMENT 4: Draft Resolution PC 2012-0017
PLN 2012-1436 / TRP 2012-0156
5715 Santa Cruz Road
DRAFT RESOLUTION NO. PC 2012-0017
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ATASCADERO APPROVING
PLN 2012-1436 / TRP 2012-0156, TO ALLOW THE REMOVAL OF ONE (1)
HAZARDOUS COAST LIVE OAK TOTALING 46 INCHES DBH
LOCATED AT 5715 SANTA CRUZ ROAD
(MCINTIRE)
WHEREAS, an application was received from Charles McIntire, 5715 Santa Cruz Road
SP #66 (Applicant), for a Tree Removal Permit to remove one (1) hazardous Coast Live Oak
totaling 46 inches DBH; and,
WHEREAS, the Planning Commission reviewed the proposed Tree Removal Permit
application on June 19, 2012 at 6 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 injured beyond reclamation 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 June 19, 2012, resolved to approve Tree Removal Permit 2012-
0156, subject to the following:
EXHIBIT A: Conditions of Approval
EXHIBIT B: Tree Mitigation Chart
ITEM NUMBER: ITEM NUMBER: 3
DATE: 6-19-12
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: 3
DATE: 6-19-12
EXHIBIT A: Conditions of Approval / Mitigation Monitoring
PLN 2012-1436 / TRP 2012-0156
Conditions of Approval
PLN 2012-1436 / TRP 2012-0156
5715 Santa Cruz Road
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 $766.67 into the tree mitigation fund or replant a
minimum of 15 native five (5) gallon trees at the subject property prior to
removal of the Coast Live Oak.
Tree removal PS
ITEM NUMBER: ITEM NUMBER: 3
DATE: 6-19-12
EXHIBIT B: Tree Mitigation Chart for Commercial/Multi-Family
Evergreen Native Trees (inches)Deciduous Native Trees (inches)Totals
dbh notes dbh notes
1 46-inches Coast Live Oak 1
2 2
3 3
4 4
5 5
6 6
Total 46-inches Total 0-inches 46-inches
Mitigation Requirement
req'd tree replacements:15 five gal trees req'd tree replacements:0 five gal trees 15 five gal trees
Proposed Replanting 0 five gal trees Proposed Replanting 0 five gal trees 0 five gal trees
0 box trees (24'')0 box trees (24'')0 box trees (24'')
Remaining Mitigation 15 five gal trees Remaining Mitigation 0 five gal trees 15 five gal trees
Tree Fund Payment:766.67$ Tree Fund Payment:-$ 766.67$
Bond payment for tree #31, impacted 45% :