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HomeMy WebLinkAboutPC_2009-01-06_AgendaPacketCITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting Tuesday, January 6, 2009 — 7:00 P.M. City Hall Council Chambers 6907 El Camino Real Atascadero, California CALL TO ORDER Pledge of Allegiance Roll Call: Chairperson Jack Vice Chairperson O'Grady Commissioner Bentz Commissioner Moreno Commissioner Heatherington Commissioner Sturtevant Commissioner Vacant 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 and address 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 MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON DECEMBER 2, 2008. City of Atascadero Planning Commission Agenda Regular Meeting, January 6, 2009 Page 2 of 4 2. APPROVAL OF MINUTES OF THE SPECIAL JOINT MEETING ON NOVEMBER 12, 2008. 3. APPROVAL OF MINUTES OF THE SPECIAL JOINT MEETING ON NOVEMBER 22, 2008. 4. APPROVAL OF MINUTES OF THE SPECIAL JOINT MEETING ON DECEMBER 17, 2008. 5. APPROVAL OF TIME EXTENSION ON TENTATIVE TRACT MAP 2003-0044, 9105 PRINCIPAL (PRINCIPAL PARTNERS, LP) COMMUNITY DEVELOPMENT STAFF REPORTS 6. PLN 2008-1309, TREE REMOVAL FOR 5171 VEGA AVENUE Owner/Applicant: Thomas & Gina Carter, 6201 Monterey Court, Atascadero, CA 93422 PLN 2008-1309 / TRP 2008-0123 Project Title: Tree Removal Permit for Single -Family Residence Project Location: 5171 Vega Avenue, Atascadero, CA 93422 (San Luis Obispo County) APN 030-161-002 The project consists of an application to construct a 3,034 square -foot single-family Project residence with a 624 square -foot attached garage and driveway on an existing lot of Description: record. An additional 1,024 square feet of storage area and a bathroom are located on the bottom floor under the residence. The lot is 2.23 acres with an average 14 % slope at the proposed building pad. An open area is proposed to be graded at the top of the driveway for additional parking, storage, and RV parking. The proposed project will require approximately 968 cubic yards of cut and 887 cubic yards of fill. The proposed residence will take access from Vega Avenue and will be served by an on-site septic system. Thirty (30) native Blue Oaks, Valley Oaks, and Live Oaks totaling 297 inches DBH are proposed for removal. General Plan Designation: SFR -Z Zoning District: RSF-Z Proposed Based on the Initial Study prepared for the project, a Mitigated Negative Declaration is Environmental proposed. The Mitigated Negative Declaration is available for public review from 12-18-08 Determination: through 1-6-09 at 6907 EI Camino Real, Community Development Department from 8:00 a.m. to 5:00 p.m. Monday through Friday. City of Atascadero Planning Commission Agenda PUBLIC HEARINGS - NONE Regular Meeting, January 6, 2009 Page 3 of 4 DISCLOSURE OF EX PARTE COMMUNICATIONS: Prior to a project hearing Planning Commission Members must disclose any communications they have had on any quasi-judicial agenda items. This includes, but is not limited to, Tentative Subdivision Maps, Parcel Maps, Variances, Conditional Use Permits, and Planned Development Permits. This does not disqualify the Planning Commission Member from participating and voting on the matter, but gives the public and applicant an opportunity to comment on the ex parte communication. (For each of the following items, the public will be given an opportunity to speak. After a staff report, the Chair will open the public hearing and invite the applicant or applicant's representative to make any comments. Members of the public will be invited to provide testimony to the Commission following the applicant. Speakers should state their name and address for the record and can address the Commission for three minutes. After all public comments have been received, the public hearing will be closed, and the Commission will discuss the item and take appropriate action(s).) COMMISSIONER COMMENTS AND REPORTS DIRECTOR'S REPORT ADJOURNMENT The next regular meeting of the Planning Commission is scheduled for January 20, 2009, at City Hall, Council Chambers, 6907 El Camino Real, Atascadero. Please note: Should anyone challenge in court any proposed development entitlement listed on this Agenda, that person may be limited to raising those issues addressed at the public hearing described in this notice or in written correspondence delivered to the Planning Commission at, or prior to this public hearing. City of Atascadero Planning Commission Agenda Regular Meeting, January 6, 2009 Page 4 of 4 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 EI 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 Annex business hours at the Community Development counter 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. 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, (805) 461-5000, or the City Clerk's Office, (805) 461-5000. 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 AGENDA ITEMS 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 Commission regarding the matter being considered to step up to the podium. If you wish to speak for, against, or comment in any way: • You must approach the podium and be recognized by the Chairperson • Give your name and address (not required) • Make your statement • All comments should be made to the Chairperson and Commission • All comments limited to 3 minutes (unless changed by the Commission) • No one may speak for a second time until everyone wishing to speak has had an opportunity to do so, and no one may speak more than twice on any item. If you wish to use a computer presentation to support your comments, you must notify the Community Development Department at least 24 hours prior to the meeting. Access to hook up your laptop to the City's projector will 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 Chairperson 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 Council. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, "PUBLIC HEARINGS", the Chairperson will call for anyone from the audience having business with the Commission to: • Please approach the podium and be recognized • Give your name and address (not required) • State the nature of your business This is the time items not on the Agenda may be brought to the Commission's attention. A maximum of 30 minutes will be allowed for Community Forum (unless changed by the Commission). CALL TO ORDER ITEM NUMBER: 1 DATE: 1-6-09 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting Tuesday, December 2, 2008 — 7:00 P.M. Chairperson Fonzi called the meeting to order at 7:00 p.m. and Commissioner Heatherington led the Pledge of Allegiance. ROLL CALL Present: Commissioners Heatherington, Marks, O'Grady, Moreno, O'Keefe, Vice Chairperson Jack, and Chairperson Fonzi Others Present: Recording Secretary Susanne Anshen Staff Present: Community Development Director Warren Frace, Interim Public Works Director Geoff English, Deputy Community Development Director Steve McHarris, and Senior Planner Kelly Gleason. APPROVAL OF AGENDA MOTION: By Vice Chairperson Jack and seconded by Commissioner Marks to approve the agenda. Motion passed 7:0 on a roll -call vote. PUBLIC COMMENT None. Chairperson Fonzi closed the Public Comment period. PC Draft Minutes 12/02/2008 Page 1 of 9 PLANNING COMMISSION BUSINESS DISCLOSURE OF EX PARTE COMMUNICATIONS • Commissioner Moreno visited the Santa Lucia site and spoke with Pricilla Mendoza who works for the daycare. • Chairperson Fonzi visited the Santa Lucia site and spoke with Megan Smith, owner. • Vice Chairperson Jack also spoke with Megan Smith, owner of the Santa Lucia property. • Commissioner O'Grady visited both sites on the agenda, but spoke with no one. CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON OCTOBER 7, 2008. 2. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON OCTOBER 21, 2008. 3. APPROVAL OF THE 2009 PLANNING COMMISSION MEETING SCHEDULE MOTION: By Vice Chairperson Jack and seconded by Commissioner Marks to approve the Consent Calendar, including the following correction to the October 21, 2008, Minutes: (1) Correct members present with Commissioner Moreno for Commissioner Heatherington. Motion passed 5:0:2 on a roll -call vote. (Commissioners Heatherington and O'Grady abstaining as to the October 21, 2008, Draft Minutes.) PC Draft Minutes 12/02/2008 Page 2 of 9 PUBLIC HEARINGS 4. PLN 2008-1306, CONDITIONAL USE PERMIT FOR 8705 SANTA LUCIA AVE. Property Owner: Megan & Jeramie Smith, 8705 Santa Lucia Ave., Atascadero, CA 93422 Project Title: PLN 2008-1306; Conditional Use Permit 2008-0234 for Preschool Use Project 8705 Santa Lucia Ave., Atascadero, CA 93422 Location: (San Luis Obispo County) APN 054-073-024 Project The project consists of an application to establish a Preschool for up to 30 Description: children in a residential neighborhood. The property is currently used as a large family daycare for up to 18 children and a residence. The subject site is served by an on-site septic system. General Plan Designation: SFR -Z Zoning District: RSF-Z Proposed Based on the Initial Study prepared for the project, a Mitigated Negative Environmental Declaration is proposed. The proposed Mitigated Negative Declaration is Determination: available for public review from 11/4/08 through 11/24/08 at 6907 EI Camino Real, Community Development Department from 8:00 a.m. to 5:00 p.m. Monday through Friday. Chairperson Fonzi stated there were letters received by the Planning Commission on this Item, which will be included as exhibits to these minutes. (Exhibit A — E) Senior Planner Kelly Gleason gave the staff report. Senior Planner Kelly Gleason and Interim Public Works Director Geoff English answered questions of the Planning Commissioners. PUBLIC COMMENT Megan Smith, applicant, described her daycare business and her plans to expand her daycare facility for ages 18 months to 5 years which would mean there would be 40 children enrolled. Because the some children share days and are not all at the facility at one time, there would be approximately 26 to 30 at any one time. Mrs. Smith stated that because many of the children are siblings, the traffic should not be adversely impacted. Mrs. Smith indicated that most of the children are in diapers, therefore, there will be little impact on the sewer system. Regarding playground equipment, Megan Smith stated she would be willing to limit the equipment height for the neighbors' concerns. Megan Smith stated there have been no car accidents and no children will play in the grass area in the front. Her hours are 7:00 a.m. to 5:30 p.m. and she answered questions of the Planning Commissioners. Doug Lyon spoke in favor of the project and Megan Smith. PC Draft Minutes 12/02/2008 Page 3 of 9 Meek Jones spoke in favor of Busy Bee and feels Megan Smith is very competent and a great teacher. Verl Thuet spoke against the expansion of the Busy Bee Daycare Center because he lives next door and the additional children will add to the noise and traffic in his neighborhood and read from his letter to the Planning Commission submitted to the Planning Commissioners December 2, 2008. (Exhibit A) Cathy Thuet also spoke against the project and read from her letter to the Planning Commissioners. (Exhibit B) Jeremy Smith, the Co -applicant, stated there is no difference in noise than in the neighbors' dogs barking and their children playing. Mr. Smith addressed the water runoff and traffic on Santa Lucia and the turnabout he has installed. Jeremy Smith answered questions of the Planning Commissioners regarding fencing, privacy issues, neighbors' complaints, if any, as well as drainage and the sewer system. Verl Thuet spoke again regarding his concerns for the drainage and traffic issues. Chairperson Fonzi closed the Public Comment period. Commissioner O'Keefe expressed concern that increased enrollment would impact traffic, safety, noise and questioned the business' compatibility with the neighborhood. Commissioner Heatherington spoke of her concern for safety issues, the septic tank, and would have rather reviewed a report on those impacts before this came before the Planning Commission. Commissioner Marks asked Interim Public Works Director Geoff English about the traffic. Interim Public Works Director Geoff English stated the minimum site distance has been met, the speed limit is 35 mph they require front out only from the driveway, and the small tree is to be pulled out for the driveway and the stop sign just up from the site will meter the traffic speed. Commissioner O'Grady was impressed with the testimonials; however, he had concerns about safety and the impact on the neighborhood with an increase from 10 children to 40 children. Vice Chairperson Jack visited the site, exited the driveway, and had no issues; but wanted to ask the applicant if they could limit the business to 30 children. PUBLIC COMMENT (Reopened) Applicants, Megan Smith and Jeremy Smith clarified enrollment versus children on site, and would be agreeable to 30 children maximum on site. The applicants answered further questions of the Planning Commissioners. PC Draft Minutes 12/02/2008 Page 4 of 9 Verl Thuet spoke of the noise impact with a large number of children. Chairperson Fonzi closed the Public Comment period. Commissioner O'Keefe stated the State licensing agencies do not look at traffic issues and impact upon neighbors, where the CUP process requires this commission to look at compatibility with the neighborhood. Commissioner O'Keefe spoke of her concern with safety, the fact that there is no shoulder and the road is narrow, and that monitoring the conditions on a CUP is a difficult process. Chairperson Fonzi stated she had no difficulty entering or leaving the property, but was concerned with the number of children, the height of the playground equipment, would like to see the six-foot fence completed to the back fence. She also stated she would prefer a permeable parking surface. Commissioner Heatherington stated she preferred to keep the limit to 30 children enrolled. Commissioner Moreno stated she would rather look at how many children could be on site at any one time and an enrollment limitation could hurt Mrs. Smith's business. Vice Chairperson Jack stated adding another 12 children would not impact the neighbors and agrees to extending the fence as well as gravel on the driveway. Commissioner Marks would limit the onsite number of children to 30 and agrees with the permeable parking surface and the 6 -foot fencing. Commissioner O'Grady stated the CUP should state the number of children as "per day" and feels 24 should be the limit because of the 12 to 1 ratio. MOTION: By Vice Chairperson Jack to adopt Resolution PC 2008-0052 approving PLN 2008-1306 (Conditional Use Permit) based on findings and subject to Conditions of Approval and Mitigation Monitoring with the following added mitigations: (1) Any new playground equipment will be not higher than six feet; (2) The driveway will be a gravel surface; (3) There will be a six-foot, solid fence run from the front of the property to the chain-link fence at the rear of the property on the east side; (4) The maximum number of students allowed on site per day will be no more than 30. Further discussion was held on changes and amendments to the motion. PC Draft Minutes 12/02/2008 Page 5 of 9 MOTION: By Vice Chairperson Jack and seconded by Chairperson Fonzi to adopt Resolution PC 2008-0052 approving PLN 2008-1306 (Conditional Use Permit) based on findings and subject to Conditions of Approval and Mitigation Monitoring with the following added mitigations with staff amendments (Exhibit F): (1) Any new playground equipment will be not higher than six feet; (2) The driveway will be of permeable medium; (3) There will be a six-foot, solid fence from the back of the house to the rear property line on the east side; (4) The maximum number of students allowed on site per day will be no more than 30; and (5) The playground area in the front will be removed. Motion passed 4:3 on a roll -call vote. (Commissioners Heatherington, O'Grady, and O'Keefe opposed.) Chairperson Fonzi recessed the Planning Commission at 8:55 p.m. Chairperson Fonzi reconvened the Planning Commission at 9:10 p.m. 5. PLN 2008-1307/ADMINISTRATIVE USE PERMIT FOR 5145 EL CAMINO REAL Property Owner: Michael Hawkins, 5145 EI Camino Real, Atascadero, CA 93422 Project Title: PLN 2008-1307/Administrative Use Permit 2008-0042 Project 5145 EI Camino Real, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 029-302-048 Project The application consists of a request to include a set amount of Description: changeable copy signage to an existing commercial business. This type of signage is permitted through an Administrative Use Permit (action taken by the Community Development Director) however, as this is the first request for changeable copy signage, staff would like direction from Planning Commission on this request. General Plan Designation: General Commercial (GC) Zoning District: Commercial Retail CR Proposed Environmental Categorically Exempt Section 15301. Determination: PC Draft Minutes 12/02/2008 Page 6 of 9 Chairperson Fonzi asked staff to explain an Administrative Use Permit. Senior Planner Kelly Gleason explained the difference between an Administrative Use Permit and a Conditional Use Permit. Chairperson Fonzi asked if the Planning Commissioners had any concerns on acting on this issue because she feels the Commission needs more information on banners versus changeable signs and wants the public to have the opportunity to weigh in on this issue. There was considerable discussion by the Planning Commissioners on the issue of banners, changeable signs, electronic changeable signs, and sandwich -board signs, as well as the need for some business workshops for public input. Chairperson Fonzi asked Community Development Director Warren Frace if a staff report is needed or if we can continue. Mr. Frace stated the Commission could continue and can also give direction to staff on how the Planning Commission wants to deal with this issue. In the meantime, Mr. Frace indicated Mr. Hawkins can continue with his operation until there is Planning Commission clarification. PUBLIC COMMENT Mike Hawkins, Stagecoach Liquor, spoke in favor of a business workshop and advised the Planning Commissioners that the city's businesses are struggling. Tom Johnson stated the need for a comprehensive ordinance and sign manufacturers need to be aware of the laws. Chairperson Fonzi closed the Public Comment period. MOTION: By Chairperson Fonzi and seconded by Vice Chairperson Jack to continue this matter and to direct staff to draft a comprehensive sign ordinance that would include the following points: (1) Research on implications of allowing changeable copy signs and electronic signs: (2) Draft the ordinance plainly stated what is allowable and what is not allowable; (3) Enforcement is to be spelled out with special approach for signs; (4) Zoning areas may have different requirements and specify those different zoning areas; (5) Provide business community with at least one workshop for their input; (6) Make a distinction between banners and fixed, permanent signs; PC Draft Minutes 12/02/2008 Page 7 of 9 (7) Enforcement shall be considered as a revenue producer; (8) Research the number or allowable banners and have a rationale for that number; (9) Make an appearance recommendation; (10) Include other cities' ordinances regarding signs; (11) Staff shall distribute the ordinance to sign companies so they can attend the hearing and be aware of the ordinance. Further discussion on the motion was held among the Planning Commissioners and Community Development Director Warren Frace answered questions of the Planning Commissioners. Chairperson Fonzi called for the motion. Motion passed 6:1 on a roll -call vote. (Commissioner O'Keefe opposed.) COMMUNITY DEVELOPMENT STAFF REPORTS - None. COMMISSIONER COMMENTS AND REPORTS • Commissioner O'Grady stated it is Steve McHarris' last meeting and he thanked him for his fine work and thoroughness in his reports. • Vice Chairperson Jack wished Steve McHarris well. Vice Chairperson Jack asked to agendize the issue of selecting an interim chair and vice chair for the December and January meetings. • Commissioner Heatherington thanked Steve McHarris and thanked Commissioner O'Keefe and Commissioner Marks for their service. • Commissioner Marks thanked Steve McHarris for his service as a capable and competent member of the Atascadero staff. Commissioner Marks stated it has been his privileged to serve the City of Atascadero and to work with the staff members, and expressed his hopes for the new City Council and Planning Commission. • Commissioner O'Keefe thanked Steve McHarris for adding arch enhancements and color recommendations, and stated he has a big job ahead of him in Soledad. • Chairperson Fonzi thanked Steve McHarris for all his guidance. Chairperson Fonzi stated this was her last meeting as well and it has been her pleasure to serve on the Commission for ten years. PC Draft Minutes 12/02/2008 Page 8 of 9 DIRECTOR'S REPORT • Next meeting will be December 16, 2008, and there are two items on that agenda. • This is a time of transition for the Planning Commission and two new appointments and an at -large position which will not be filled until early next year. • Warren Frace thanked Steve McHarris and wished him all the best in Soledad. ADJOURNMENT Chairperson Fonzi adjourned the meeting at 9:50 p.m. to the next regularly scheduled meeting of the Planning Commission on December 16, 2008, at City Hall, Council Chambers, 6907 EI Camino Real, Atascadero, CA. MINUTES PREPARED BY: Susanne Anshen, Recording Secretary The following exhibits are available for review in the Community Development Department Exhibit A - Verl Thuet, Letter Exhibit B — Cathy Thuet Letter Exhibit C - Kyrsten McKenzie, Letter Exhibit D — Terry & Rickey Taylor, Letter Exhibit E — Charmaine Larson, Letter Exhibit F — Revised Resolution PC 2008-0052 PC Draft Minutes 12/02/2008 Page 9 of 9 ITEM NUMBER: 2 DATE: 1-6-09 SPECIAL JOINT MEETING Atascadero City Council Atascadero Planning Commission Wednesday, November 12, 2008 5:30 p.m. (Display Exhibits) 6:00 p.m. (Informational Forum) Informational Forum Regarding the Regional Water Quality Control Board's Proposed Basin Plan Amendments for Septic Systems This Forum began at 5:50 p.m. Present: Council Members Clay, O'Malley and Mayor Beraud Council Members Elect Fonzi and Kelley Planning Commissioners Heatherington, Marks, O'Grady, O'Keefe and Moreno Others Present: Community Development Director Warren Frace and Deputy Public Works Director David Athey. Mr. Athey gave a presentation concerning the San Luis Obispo County Regional Water Quality Control Board and Mr. Frace reviewed the CEQA scoping meeting scheduled for November 14, 2008. This meeting was noticed as a Special Meeting to enable a majority of the City Council and Planning Commission to attend. This is an Informational Forum, and no actions were taken. ADJOURNMENT: The City Council and Planning Commission adjourned to their next regularly scheduled meetings. MINUTES PREPARED BY: Marcia McClure Torgerson, C.M.C., City Clerk ITEM NUMBER: 3 DATE: 1-6-09 SPECIAL MEETING ATASCADERO CITY COUNCIL AND PLANNING COMMISSION Economic Development Public Workshop Saturday, November 22, 2008, 8:30 a.m. DRAFT MINUTES The meeting was called to order at 8:55 a.m. Present: Council Members Clay, O'Malley, Council Member Elect Kelley and Mayor Pro -Tem Beraud Planning Commissioners Jack, Marks, and Chairperson ( and Council Member Elect) Fonzi. Absent: Council Member Luna and Mayor Brennler Planning Commissioners O'Keefe, Heatherington, Moreno and O'Grady. Others Present: City Manager Wade McKinney, Assistant City Manager Jim Lewis, and Deputy City Clerk Lisa Cava. This Workshop was noticed as a Special Meeting of the City Council and Planning Commission to allow a majority of the City Council and Planning Commission to attend. Economic Development Public Workshop The Economic Development Consultant, Applied Development Economics (ADE), presented their research findings to date and facilitated the public workshop which included suggestions and comments from the attendees regarding future opportunities for economic growth and development. ADJOURNMENT: Deputy City Clerk Lisa Cava adjourned the Workshop at 12:05 p.m. MINUTES PREPARED BY: Lisa Cava, Deputy City Clerk ITEM NUMBER: 4 DATE: 1-6-09 SPECIAL JOINT MEETING Atascadero City Council Atascadero Planning Commission Wednesday, December 17, 2008 5:45 p.m. (Display Exhibits) 6:00 p.m. (Informational Forum) Informational Forum Regarding the City of Atascadero's Storm Water Management Plan This Forum began at 6:02 p.m. Present: Council Members Clay, O'Malley and Kelley Planning Commissioners Moreno and Marks Others Present: Interim Public Works Director Geoff English, Deputy Public Works Director David Athey, and City Clerk Marcia McClure Torgerson Mr. English welcomed the audience and Mr. Athey updated those present on the history of the Storm Water Management Plan and the Draft that Staff is currently working on. Mr. English and Mr. Athey answered questions of the audience and accepted written comments. This meeting was noticed as a Special Meeting to enable a majority of the City Council and Planning Commission to attend. This is an Informational Forum, and no actions were taken. ADJOURNMENT: The City Council and Planning Commission adjourned to their next regularly scheduled meetings. MINUTES PREPARED BY: Marcia McClure Torgerson, C.M.C., City Clerk ITEM NUMBER: 5 DATE: 1-6-09 Atascadero Planning Commission Staff Report — Community Development Department Callie Taylor, Associate Planner, 470-3448, ctaylor@atascadero.org PLN 2099-0989 Time Extension TTM 2003-0044 9105 Principal Ave. (Principle Partners, LP) SUBJECT: The consideration of a one-year Time Extension for Tentative Tract Map 2003-0044. RECOMMENDATION: Staff Recommends Planning Commission adopt Resolution PC 2008-0055 thereby approving a one-year Time Extension of Tentative Tract Map 2003-0044 in compliance with Sections 11-4.23(a) and 11-4.33(b) of the Subdivision Ordinance. Situation and Facts: 1. Owner / Applicant: Principle Partners, LP, 895 Aerovista Dr., Suite 100, San Luis Obispo, CA 93401 2. Contact: Oasis Associates, Inc., 3427 Miguelito Ct., San Luis Obispo, CA 93401 3. Project Address: 9105 Principal Ave, Atascadero, CA 93422 APN: 030-491-015, 018 4. General Plan Designation: General Commercial (GC) and Medium Density Residential (MDR) 5. Zoning District: CR/RMF/PD-24 (Commercial Retail / Residential Multi-Family-10/Planned Development #24) 6. Site Area: 5.52 acres (Combined) 7. Existing Use: Vacant land and existing residential structures 8. Environmental Status: Certified Mitigated Negative Declaration 2004-0024 ITEM NUMBER: 5 DATE: 1-6-09 DISCUSSION: Background: On October 12, 2004, the City Council approved the EI Camino Real / Principal Avenue Mixed -Use project for an 8,320 square -foot commercial/ office building along EI Camino Real, an 8,230 square -foot live / work building along Principal Avenue which includes 5 residential units above ground floor, office space, and 40 multi -family residential units (TTM 2003-0044). The project approval also included the potential to construct four additional residential units on a separate parcel located at the northwest corner of Principal and Pino Solo Avenue, which was subsequently approved on May 17, 2005. This second approval (TTM 2005-0068) is currently set to expire on May 17, 2010, and therefore, a time extension for this second map is not being requested at this time. TTM 2005-0068 (not a part of current time extension) Residential Multi- Family-10!PD- 24: 4.52 ac 3 Commercial Retail'PD-24: 0.78 ac TTM 2003-0044 (subject of current time extension) ITEM NUMBER: 5 DATE: 1-6-09 Status: The applicant has notified the City that due to economic conditions, the project has been put on hold until further notice. Analysis: The Subdivision Map Act mandates an initial two-year life and, by local ordinance, the City can extend initial life up to an additional 12 months. The City may extend the time at which the map expires for a period or periods not to exceed a total of five years. These are discretionary extensions. The application for the extension must be filed prior to the expiration date. The Planning Commission has discretion on whether they want to extend the map, or they can defer the decision to the City Council. The Planning Commission may add or modify any Conditions of Approval, prior to granting the Time Extension, to ensure the project remains consistent with updated ordinances and policies. Staff is not recommending any modifications with this Time Extension. On July 15, 2008, the California State Senate approved Senate Bill 1185. The recently - enacted SB 1185 revised certain State law provisions regarding the duration of tentative maps. The bill states that if a map has not expired as of the date of SB 1185 (July 15, 2008), but will expire sometime before January 1, 2011, the map is automatically extended another 12 months in addition to any time extensions approved by the City. This extension is automatic because it is phrased in mandatory terms without reference to an application, whereas the other extensions require an application and City review and approval. This automatic extension granted by SB 1185 does not require any action by the City. The proposed Time Extension which the applicant has applied for would be added to the automatic extension granted by SB 1185, thereby extending the map until October 10, 2010. Map History: TTM 2003-0044 Approval Original Approval 10/12/04 Extension #1 11/7/06 Extension #2 10/16/07 Automatic Extension (SB 1185) 7/15/08 Proposed Extension #3 (Applied 9/23/08) 1/6/09 TTM 2005-0068 (subsequent, associated map) Approval Original Approval 5/17/05 Extension #1 11/7/06 Extension #2 10/16/07 Automatic Extension (SB 1185) 7/15/08 Expiration 10/12/06 10/12/07 10/12/08 10/12/09 10/12/10 Expiration 5/17/07 5/17/08 5/17/09 5/17/10 ITEM NUMBER: 5 DATE: 1-6-09 CONCLUSION: The City Council found that the proposed subdivision map, as conditioned, is consistent with the 2002 General Plan and Zoning Ordinance and the lot configurations are consistent with the requirements of the Subdivision Ordinance. Staff recommends the Planning Commission approve the Time Extension as requested. ALTERNATIVES: 1. The Commission may approve the Time Extension subject to additional or revised project conditions. 2. The Commission may deny the Time Extension if it is found to be inconsistent with the General Plan or any of the other required findings. 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, TTM 2003-0044 (General Plan & Zoning) Attachment 2 — Vesting Tentative Tract Map TTM 2003-0044 Attachment 3 — Conditions of Approval / Mitigation Monitoring TTM 2003-0044 Attachment 4 — Draft Resolution 2008-0055 (TTM 2003-0044) ATTACHMENT 1: Location Map (General Plan / Zoning) TTM 2003-0044 9105 Principal Ave TTM 2005-0068 (not a part of current time extension) Residential Multi- FanWy-101PD-24: 4.52 ac ITEM NUMBER: 5 DATE: 1-6-09 Commercial RetaiUPD-24: 0.78 ac + l R TTM 2003-0044 (subject of current time extension) E� &dnx Desiatdian: -Canmacial Retail PmvOsed Deslawian: Co==ercial Retai]/Residedial % ilti•Fe ly - 10/PD-24 O Zoning District: CR/RMF/PD24 (Commercial Retail/Residential Multi-Family-10/Planned Development #24) Land Use Designation: General Commercial (GC) and ITEM NUMBER: 5 DATE: 1-6-09 Attachment 2: Vesting Tentative Tract Map TTM 2003-0044 'i ua I S4a t $°re'�1; is (1N3NdOl3A30 03NN"d (INV) I� g a 889Z 13Va11 3A11V1N31 9NIIS3A U „ 3sn min 0n3OvoSvly �I d w5, 011 c3t�3�k�kxgg� U 6E Itl A s i q Q = I F1 z$ �j8� i•' i�l1 l o — Q ofg �ee„y{;tl o � b Itl i q Q I i•' I i � S — .y� o � b II ITEM NUMBER: DATE: 1-6-09 Attachment 3: Conditions of Approval / Mitigation Monitoring TTM 2003-0044 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program / Monitoring Measure GP: Grading Permit PS: Planning Services 9105 Principal Ave BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Tentative Tract Ma g p ImpVesting Mapent tans FM: Final FM: Final Map PD: Police Department CE: City Engineer TTM 2003-0044 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy Planning Services 1. The approval of this use permit shall become final and effective for the FM PS purposes of issuing building permits thirty (30) days following the City Council approval of ZCH 2003-0070 and ZCH 2004-0083 upon second reading, unless prior to that time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 2. Approval of this Tentative Tract Map shall be valid for two years after its FM PS effective date. At the end of the period, the approval shall expire and become null and void unless an extension of time is granted pursuant to a written request received prior to the expiration date. 3. The Community Development Department shall have the authority to FM PS approve minor changes to the project that (1) result in a superior site design or appearance, and/or (2) address a design issue that is not substantive to the Tentative Tract Map and that the Final Map is in substantial conformance with the Tentative Map. 4. The granting of this entitlement shall apply to the property located at On going PS 9105 Principal Ave / EI Camino Real (APN 030-491-015, 018) regardless of owner. 5. The Final Map shall be drawn in substantial conformance with the FM PS approved Tentative Map, and in compliance with all conditions set forth herein, shall be submitted for review and approval in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 6. The subdivider shall defend, indemnify, and hold harmless the City of FM PS 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 subdivision. 7. The Tract Map shall be subject to additional fees for park or recreation FM PS purposes (QUIMBY Act) as required by City Ordinance. 8. The emergency services and facility maintenance costs listed below BP PS shall be 100% funded by the project in perpetuity. The service and maintenance costs shall be funded through a community facilities district established by the City at the developer's cost. The funding mechanism must be in place prior to or concurrently with acceptance of the Final Maps. The funding mechanism shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any Final Map. The administration of the above mentioned funds shall be by the City. Developer agrees to participate in the community facilities district and to take all steps reasonably required by the City with regard to ITEM NUMBER: DATE: 1-6-09 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program / Monitoring Measure GP: Grading Permit PS: Planning Services 9105 Principal Ave BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Tract Ma 9 p Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TTM 2003-0044 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy the establishment of the district and assessment of the property. ■ All Atascadero Police Department service costs to the project. • All Atascadero Fire Department service costs to the project. ■ Off-site common City of Atascadero park facilities maintenance service costs related to the project. 9. All tract maintenance costs listed below shall be 100% funded by the BP PS project in perpetuity. The service and maintenance cost shall be funded through a Home Owners Association established by the developer subject to City approval. The Home Owners Association must be in place prior to, or concurrently with acceptance of any Final Maps. The Home Owners Association shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any Final Map. The administration of the above mentioned funds, and the coordination and performance of maintenance activities, shall be the responsibility of the Home Owners Association. ■ All streets, bridges, sidewalks, streetlights, street signs, roads, emergency access roads, emergency access gates, and sewer mains within the project. ■ All parks, trails, recreational facilities and like facilities. ■ All open space and native tree preservation areas. ■ All drainage facilities and detention basins. ■ All creeks, flood plains, floodways, wetlands, and riparian habitat areas. ■ All common landscaping areas, street trees, medians, parkway planters, manufactured slopes outside private yards, and other similar facilities. ■ All frontage landscaping and sidewalks along arterial streets 10. Prior to recordation of Final Map, the project applicant shall enter BP PS into an agreement with the City of Atascadero to pay any future reimbursement fees associated with interim improvements made to the Santa Rosa / US 101 interchange and frontage roads, as approved by Caltrans. The amount of reimbursement shall be determined by a traffic study that demonstrates a nexus for all parcels included in the reimbursement area. 11. Deed notification shall be applied to each of the new lots, notifying BP PS homeowners that adjacent residential lots may be used for agricultural purposes, including keeping of livestock animals, facilities, and ITEM NUMBER: DATE: 1-6-09 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program / Monitoring Measure GP: Grading Permit PS: Planning Services 9105 Principal Ave BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Tract Ma 9 p Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TTM 2003-0044 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy equipment. Deed notification shall also include noise associated with business activities on adjacent commercial properties. 12. Prior to Final Map, the applicant shall submit CC&Rs for review and BP PS approval by the Community Development Department. The CC&R's shall record with the Final Map and shall include the following: ■ Provisions for maintenance of all common areas including access, parking, street trees, fencing and landscaping; ■ A detailed list of each individual's homeowner responsibilities for maintenance of the individual units; ■ Individual unit's responsibility for keeping all trash receptacles within the unit's garage; ■ A provision for review and approval by the City Community Development Department for any changes to the CC&R's that relate to the above requirements prior to the changes being recorded or taking effect. 13. Affordable Housing Requirement: The applicant shall deed restrict a GP/BP PS, CA minimum of 9 residential units for 30 years, as follows: ■ 2 units at the very -low income rate, ■ 3 units at the low-income rate, ■ 4 units at the moderate income rate. All units shall be distributed throughout the project, subject to staff approval. 14. Workforce Housing: Prior to recordation of Final Map, the applicant BP PS, CA shall enter into a legal agreement with the City to reserve '/z of the units for sale to residents or workers within the City of Atascadero, including the affordable units. The agreement shall include the following provisions: ■ The units shall be offered for sale to residents or workers within the City of Atascadero for a minimum of 60 -days. During this time period offers may only be accepted from Atascadero residents or workers; ■ The applicant shall provide reasonable proof to the City that at least one of the qualified buyers is a resident or worker within the City Limits of Atascadero; ■ The Atascadero resident or worker restriction shall apply to the initial sale only; ITEM NUMBER: DATE: 1-6-09 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program / Monitoring Measure GP: Grading Permit PS: Planning Services 9105 Principal Ave BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Tract Ma 9 p Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TTM 2003-0044 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy ■ The applicant shall identify which units will be reserved; and the City attorney The City Attorney shall approve the final form of the agreement. Fire Marshal 15. Final street name selection shall be consistent with the future street FM PS, CE extension, subject to staff approval 16. Note that approved address signage is to be provided. FM CE 17. Fire lanes shall be delineated to restrict parking as required by the FM CE Fire Authority. City Engineer Conditions PROJECT SPECIFIC CONDITIONS Drainage: 18. Obtain approval by the City Engineer of the grading & drainage plan BP, GP CE and the storm drain design & facilities. 19. Submit calculations to support the design of any structures or pipes. BP, GP CE Closed conduits shall be designed to convey the 10 -year flow with gravity flow, the 25 -year flow with head, and provide safe conveyance for the 100 -year overflow. 20. Provide for the detention of the 50 -year developed storm runoff, while BP, GP CE metering out the 2 -year undeveloped storm runoff. 21. Show the method of dispersal at all pipe outlets. Include specifications BP, GP CE for size & type. 22. Acquire drainage easements where needed. Drainage shall cross lot BP, GP CE lines only where a drainage easement has been provided. 23. Concentrated drainage from off-site areas shall be conveyed across the BP, GP CE project site in drainage easements. Acquire drainage easements where needed. Drainage shall cross lot lines only where a drainage easement has been provided. If drainage easement can not be obtained the storm water release must follow the exact historic path, rate and velocity as prior to the subdivision. Public Improvements and Maintenance: Gusts Road ITEM NUMBER: DATE: 1-6-09 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program / Monitoring Measure GP: Grading Permit PS: Planning Services 9105 Principal Ave BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Tract Ma 9 p Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TTM 2003-0044 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy 24. Gusta Road shall be improved to include a City Standard turn BP, GP CE around. Curb, Gutter and Sidewalk shall extend to the project boundary as shown on the Tentative Tract Map or as approved by the City Engineer. Principal Avenue 25. Principal Avenue shall be improved to City Standard in conformance BP, GP CE with the Tentative Tract Map. EI Camino Real 26. EI Camino Real shall be improved to include sidewalks and BP, GP CE handicap ramps. Width of sidewalk shall be approved by the City Engineer, and shall be in conformance with adjacent properties. 27. Applicant shall underground utilities on EI Camino Real. BP, GP CE 28. The applicant must provide for the repair and maintenance of on-site FM CE shared improvements. This includes roads, sidewalks, street trees, streetlights, private sewer system, drainage facilities, recreation areas and common landscaping. The two methods that may be used are: a.) Homeowners Association. This private organization would be responsible for the maintenance, repair and replacement of the facilities. b.) Assessment District and Landscape and Lighting District. Funds for the maintenance, repair and replacement of the facilities would be collected on the property tax bill and distributed to the City. The City Engineer and City Attorney shall approve the final form prior to recordation. 29. All public improvements shall be constructed in conformance with the BP, GP CE City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 30. Full frontage improvements are required with this development. These BP, GP CE include curb, gutter, sidewalk and pave out. Public Improvement plans shall be submitted detailing the design. 31. Prior to issuance of building permits, the applicant shall submit a BP, GP CE grading and drainage plan with a separate sheet(s) devoted to sedimentation and erosion control, prepared by a registered civil engineer for review and approval by the City Engineer. SANITARY SEWER CONDITIONS ITEM NUMBER: DATE: 1-6-09 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program / Monitoring Measure GP: Grading Permit PS: Planning Services 9105 Principal Ave BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Tract Ma 9 p Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TTM 2003-0044 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy 32. The Public Works Department shall approve all wastewater facilities BP, GP WW prior to construction. This includes pumps, force mains, cleanouts, manholes and connections. 33. Applicant shall pay sewer extension (annexation) fees upon issuance of BP, GP WW building permit. Sewer Connection and Reimbursement fees shall be payable upon actual connection of the building sewer to the public sewer system. 34. Gravity mains and other sewer facilities within the subdivision shall be BP, GP WW privately owned and maintained. 35. Gravity mains within the subdivision shall be eight (8) inches in BP, GP WW diameter. STANDARD CONDITIONS 36. All public improvements shall be constructed in conformance with the BP, GP CE City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 37. In the event that the applicant is allowed to bond for the public FM CE improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 38. An engineer's estimate of probable cost shall be submitted for review FM CE and approval by the City Engineer to determine the amount of the bond. 39. The Subdivision Improvement Agreement shall record concurrently with FM CE the Final Map. 40. The applicant shall be responsible for the relocation and/or alteration of BP, GP CE existing utilities. 41. The applicant shall install all new utilities (water, gas, electric, cable TV BP, GP CE and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 42. The applicant shall monument all property corners for construction FM CE control and shall promptly replace them if disturbed. 43. The applicant shall acquire title interest in any off-site land that may be FM CE required to allow for the construction of the improvements. The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress and egress is affected by these improvements. 44. Slope easements shall be provided as needed to accommodate cut of FM CE ITEM NUMBER: DATE: 1-6-09 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program / Monitoring Measure GP: Grading Permit PS: Planning Services 9105 Principal Ave BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Tract Ma 9 p Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TTM 2003-0044 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy fill slopes. 45. Drainage easements shall be provided as needed to accommodate FM CE both public and private drainage facilities. 46. The final map shall be signed by the City Engineer prior to the map FM CE being placed on the agenda for City Council acceptance. 47. Prior to recording the Tract Map, the applicant shall submit a map FM CE drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein. The map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 48. Prior to recording the Tract Map, the applicant shall set monuments at FM CE all new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the parcel map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 49. Prior to recording the Tract Map, the applicant shall pay all outstanding plan check/inspection fees. 50. Prior to recording the map, the applicant shall complete all FM CE improvements required by these Conditions of Approval. 51. Prior to recording the Tract Map, the applicant shall have the map FM CE reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company indicating their review of the map. The letter shall identify any new easements that may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the map. 52. Upon recording the Final Map, the applicant shall provide the City with a FM CE black line clear Mylar (0.4 mil) copy and a blue line print of the recorded map. 53. Prior to the final inspection of any public improvements, the applicant FM CE shall submit a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans. 54. Prior to the final inspection, the applicant shall submit a written BP, GP CE certification from a registered civil engineer or land surveyor that all survey monuments have been set as shown on the Final Map. 55. An encroachment permit shall be obtained prior to any work within City BP, GP CE right-of-ways. ITEM NUMBER: DATE: 1-6-09 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program / Monitoring Measure GP: Grading Permit PS: Planning Services 9105 Principal Ave BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Tract Ma 9 p Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TTM 2003-0044 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy 56. Prior to the issuance of building permits the applicant shall submit a BP, GP CE grading and drainage plan prepared by a registered civil engineer for review and approval by the City Engineer. Atascadero Mutual Water Company 57. The applicant shall submit plans to AMWC for the water distribution GP, BP CE facilities needed to serve the project. AMWC shall review and approve the plans before construction begins on the water system improvements. All water distribution facilities shall be constructed in conformance with AMWC Standards and Details and the California Waterworks Standards (Code of Regulations Title 22, Division 4, Chapter 16). All cross -connection devices shall conform to AWWA and California Department of Health Services standards. 58. Before the start of construction on the water system improvements, GP, BP CE the applicant shall pay all installation and connection fees required by AMWC. Subject to the approval of AMWC, the applicant may enter in to a "deferred connection" agreement. 59. Before issuance of building permits, the applicant shall obtain a "Will GP, BP CE Serve" letter from AMWC for the newly created lots within the subdivision. 60. The water mains required to serve the project shall be laid out in a GP, BP CE grid or looped pattern and shall connect to the existing water mains system in Principal Ave. (6" main) and Gusta Lane (6" main). 61. The applicant shall provide AMWC with easements for those water GP, BP CE facilities proposed for operation and maintenance by AMWC that are constructed outside of publicly maintained right-of-ways. AMWC shall review the form and content of the easements before recordation. 62. The applicant shall submit a hydraulic analysis with the first plan GP, BP CE check submittal of the water system improvements for the project. The analysis should take into account the fire flows required by the Uniform Fire Code and requirements of the California Waterworks Standards. The applicant is responsible for designing and constructing water system improvements that will provide water at pressures and flows adequate for the domestic and fire protection ITEM NUMBER: DATE: 1-6-09 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program / Monitoring Measure GP: Grading Permit PS: Planning Services 9105 Principal Ave BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Tract Ma 9 p Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TTM 2003-0044 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy needs of the project. 63. The applicant shall obtain a separate landscape -irrigation meter(s) GP, BP CE from AMWC for the common areas within the project. Mitigation Measures Mitigation Measure 1.c.1: The following landscape mitigations shall apply: BP BS, PS, CE 1.0 ■ Fencing shall be complimentary in color and material to the proposed architectural theme. No fencing greater than 3 feet in height shall be located within the 10 -foot setback area along the street frontage. ■ The project landscaping shall include trees along Principal and EI Camino Real Street frontages. ■ All proposed trees shall be shade trees of 15 -gallon size and shall be double staked. Mitigation Measure 1.c.2: The proposed buildings shall include the use of BP BS, PS, CE 1.c.2 paint and roof colors consistent with the selected architectural style and designed to compliment the existing commercial and residential setting. Mitigation Measure 1.d.1: If exterior parking lot lighting is proposed, it shall BP BS, PS, CE 1.d.1 be designed to eliminate any off-site glare. All exterior site lights shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. Any luminary pole height shall not exceed 14 -feet in height, limit intensity to 2.0 foot candles at ingress/egress, and otherwise 0.6 foot candle minimum to 1.0 maximum within the site. Fixtures shall be shield cut-off type and compatible with neighborhood setting, subject to staff approval. Mitigation Measure 3.b.1: The project shall be conditioned to comply with all BP, GP BS, PS, CE 3.b.1 applicable District regulations pertaining to the control of fugitive dust (PM - 10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. Section 6.3: Construction Equipment ■ Maintain all construction equipment in proper tune according to manufacturer's specifications. ■ Fuel all off-road and portable diesel powered equipment, including but not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary power units, with ARB certified motor vehicle diesel fuel (Non -taxed version suitable for use off-road). ■ Maximize to the extent feasible, the use of diesel construction equipment meeting the ARB's 1996 or newer certification standard for off-road heavy-duty diesel engines. ■ Install diesel oxidation catalysts (DOC), catalyzed diesels particulate ITEM NUMBER: DATE: 1-6-09 Conditions of Approval / Mitigation Monitoring Program 9105 Principal Ave Vesting Tentative Tract Ma 9 p TTM 2003-0044 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection F0: Final Occupancy Responsibility / Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure filters (CDPF) or other District approved emission reduction retrofit services (Required for projects grading more than 4.0 acres of continuously worked area). Section 6.4: Activity Management Techniques ■ Develop a comprehensive construction activity management plan designed to minimize the amount of large construction equipment operating during any given time period. ■ Schedule of construction truck trips during non -peak hours to reduce peak hour emissions. ■ Limit the length of the construction workday period, if necessary. ■ Phase construction activities, if appropriate. Section 6.5: Fugitive PM10 All of the following measures shall be included on grading, demolition and building plan notes: A. Reduce the amount of the disturbed area where possible. B. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency will be required whenever wind speeds exceed 15 mph. Reclaimed (non -potable) water should be used whenever possible. C. All dirt stockpile areas shall be sprayed daily as needed. D. Permanent dust control measures identified in the approved project re -vegetation and landscape plans shall be implemented as soon as possible following completion of any soil disturbing activities. E. Exposed ground areas designated for reworking on dates greater than one month after initial grading shall be sown with a fast - germinating native grass seed and watered until vegetation is established. F. All disturbed soil areas not subject to re -vegetation should be stabilized using approved chemical soil binder, jute netting, or other methods approved in advance by the APCD. G. All roadways, driveways, sidewalks, etc, to be paved shall be complete as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used. H. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. I. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or shall maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114. J. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment leaving the site. K. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust off site. The name and telephone number of such persons shall be provided to the APCD prior to land use clearance for map ITEM NUMBER: DATE: 1-6-09 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program / Monitoring Measure GP: Grading Permit PS: Planning Services 9105 Principal Ave BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Tract Ma 9 p Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TTM 2003-0044 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy recordation and land use clearance for finish grading of any structure. Mitigation Measure 4.b.1: All crossings and culverts that impact the bed and/or bank of the drainage must be permitted by the appropriate regulatory agencies: U.S. Army Corps of Engineers, Regional Water Quality Control Board, and the California Department of Fish & Game, as appropriate. Mitigation Measure 4.e.1: Grading and excavation and grading work shall BP PS, BS 4.e.1 be consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: 1. All existing trees outside of the limits of work shall remain. 2. Earthwork shall not exceed the limits of the project area. 3. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 4. Vehicles and stockpiled material shall be stored outside the drip line of all trees. 5. All trees within twenty feet of construction work shall be fenced for protection with 4 -foot chain link, snow or safety fencing placed per the approved tree protection plan. Tree protection fencing shall be in place prior to any site excavation or grading. Fencing shall remain in place until completion of all construction activities. 6. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. 7. Pathways that run under tree canopies should be made out of decomposed gravel or porous pavers to allow oxygen and moisture to reach the root systems. 8. Utilities such as water, gas, power, cable, storm drainage, and sewer should be redirected from under the canopy of any trees that are to remain. 9. Where a building is placed within the canopy of a tree the foundation should be redesigned so that it bridges across any root systems. 10. Any foundation or other structure that encroaches within the drip line of trees to be saved shall be dug by hand. 11. At no time shall tree roots be ripped with construction equipment. 12. Four foot high construction fencing shall be placed around any tree that is to be protected and saved at a distance of the drip line plus 4'. Once the Rough Grading is accomplished then the fence may be moved closer to the tree and the area dug by hand or with a small piece of equipment. Mitigation Measure 4.e.2: An arborists report shall be required prior to BP PS, BS 4.e.2 project implementation. The report shall identify each native tree proposed for removal and each tree within the project area subject to potential impact. The report shall provide recommendations for tree pruning, tree protection of existing native trees to remain, and identify native tree impact/replacement mitigation per the Atascadero Municipal Code Section 9-11.105. Mitigation Measure 4.e.3: The developer shall contract with a certified BP PS, BS 4.e.3 arborist during all phases of project implementation. The certified arborist shall be responsible for monitoring the project during all phases of construction through project completion, as follows: (a) A written agreement between the arborist and the developer outlining an arborist monitoring schedule for each construction phase through ITEM NUMBER: DATE: 1-6-09 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program / Monitoring Measure GP: Grading Permit PS: Planning Services 9105 Principal Ave BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Tract Ma 9 p Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TTM 2003-0044 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy final inspection shall be submitted to and approved by planning staff prior to the issuance of building/grading permits. (b) Arborist shall schedule a pre -construction meeting with engineering /planning staff, grading equipment operators, project superintendent to review the project conditions and requirements prior to any grubbing or earth work for any portion of the project site. All tree protection fencing and trunk protection shall be installed for inspection during the meeting. Tree protection fencing shall be installed at the line of encroachment into the tree's root zone area. (c) As specified by the arborist report and City staff: ■ Prune all trees in active development areas to be saved for structural strength and crown cleaning by a licensed and certified arborist; ■ Remove all debris and spoils from the lot cleaning and tree pruning. ■ In locations where paving is to occur within the tree canopy, grub only and do not grade nor compact. Install porous pavers over a three-inch bed of 3/ inch granite covered with one -inch pea gravel for screeding. If curbs are required, use pegged curbs to secure the porous pavers. Pegged curbs are reinforced six to eight curbs poured at grade with a one -foot by one -foot pothole every four to six linear feet. ■ All trenching or grading within the protected root zone area, outside of the tree protection fence shall require hand trenching or preserve and protect roots that are larger than 2 inches in diameter. ■ No grading or trenching is allowed within the fenced protected area. ■ Any roots that are 4 inches in diameter or larger are not to be cut until inspected and approved by the on-site arborist. (d) Upon project completion and prior to final occupancy a final status report shall be prepared by the project arborist certifying that the Tree Protection Plan was implemented, the trees designated for protection were protected during construction, and the construction - related tree protection measures are no longer required for tree protection. Mitigation Measure 4.e.4: All tree removals shall be mitigated as prescribed BP PS, BS 4.e.4 by the Atascadero Native Tree Ordinance. Mitigation Measure 6.b.1: The grading permit application plans shall include GP PS, BS, CE 6.b.1 erosion control measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. Mitigation Measure 6.c.1: A soils report shall be required to be submitted BP, GP PS, BS, CE 6.0 with a future building permit by the building department. ITEM NUMBER: DATE: 1-6-09 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program / Monitoring Measure GP: Grading Permit PS: Planning Services 9105 Principal Ave BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Tract Ma 9 p Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TTM 2003-0044 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy Mitigation Measure 8.e.f.1: The developer is responsible for ensuring that GP PS, BS, CE 8.e.f.1 all contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop orders. Mitigation Measure 9.b.1: The commercial property directly adjacent to CUP/GPA PS 9.b.1 the project site shall be included in the proposed General Plan Amendment and Zone Change and shall be designated as Medium Density Residential with a corresponding Residential Multi -Far ly-10 zoning designation to ensure consistency with the surrounding neighborhood and with the proposed project. The proposed Planned Development Overlay District #24 shall be extended to include this parcel. Any future development shall conform to the Multy-Far ly-10 development standards including density and shall conform to the standards set forth in the proposed Planned Development #24 Overlay Zone. Any future development proposal shall require an amendment to the master plan of development (CUP Amendment) subject to Planning Commission review and City Council approval. Mitigation Measure 11.d.1: All construction activities shall comply with the BP, GP PS, BS, CE 11.d.1 City of Atascadero Noise Ordinance for hours of operation, and as follows: Construction activities shall be limited to the following hours of operation: • 7 a.m. to 7 p.m. Monday through Friday • 9 a.m. to 6 p.m. Saturday • No construction on Sunday Further, particularly loud noises shall not occur before 8 a.m. on weekdays and not at all on weekends. The Community Development Director upon a determination that unusually loud construction activities are having a significant impact on the neighbors may modify the hours of construction. Failure to comply with the above-described hours of operation may result in withholding of inspections and possible construction prohibitions, subject to the review and approval of the Community Development Director. A sign shall be posted on-site with the hours of operation and a telephone number of the person to be contacted in the event of any violations. Staff shall approve the details of such a sign during the Grading Plan/Building Permit review process. ITEM NUMBER: DATE: 1-6-09 Conditions of Approval / Mitigation Monitoring Program 9105 Principal Ave Vesting Tentative Tract Ma 9 p TTM 2003-0044 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection F0: Final Occupancy Responsibility / Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure Mitigation Measure 13.1: Project Road and Landscape Maintenance and BP, GP PS, BS, CE 13.1 Emergency Services Funding: The emergency services and road maintenance costs of the project shall be 100% funded by the project in perpetuity. The service and maintenance cost may be funded through a benefit assessment district or other mechanism established by the developer subject to City approval. The funding mechanism must be in place prior to or concurrently with acceptance of the any Final Maps. The funding mechanism shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any Final Map. The administration of the below mentioned funds and the coordination and performance of maintenance activities shall be by the City. a) All Atascadero Police Department service costs to the project. b) All Atascadero Fire Department service costs to the project. c) All streets, sidewalks, streetlights, street signs, roads, emergency access roads, emergency access gates, and sewer mains within the project. d) All parks, trails, recreational facilities and like facilities. e) All open space and native tree preservation areas. f) All drainage facilities and detention basins. g) All common landscaping areas, street trees, medians, parkway planters, manufacture slopes outside private yards, and other similar facilities. ITEM NUMBER: 5 DATE: 1-6-09 ATTACHMENT 4: Draft Resolution PC 2008-0055 TTM 2003-0044 9105 Principal Ave DRAFT RESOLUTION NO. PC 2008-0055 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING A ONE-YEAR TIME EXTENSION OF AN APPROVED VESTING TENTATIVE TRACT MAP TTM 2003-0044 AND CORRESPONDING MASTER PLAN OF DEVELOPMENT 9105 PRINCIPAL AVE. (PRINCIPLE PARTNERS, LP) WHEREAS, the applicant, Principle Partners, LP, proposes a subdivision of a 5.52 acre, gross lot into 44 airspace units; and WHEREAS, the City Council approved a Tentative Tract Map on October 12, 2004; and WHEREAS, the Planning Commission considered the proposed one-year Time Extension at a meeting held January 6, 2009, setting the expiration date to October 12, 2010; and, NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1: FINDINGS. The Planning Commission makes the following findings: 1. The approval of the Time Extension would not place the residents of the subdivision or the immediate community, or both in a condition dangerous to their health or safety, or both. 2. The approval of the Time Extension will not prohibit the project from complying with state or federal law. SECTION 2: TIME EXTENSION APPROVAL The Planning Commission does hereby approve a one-year Time Extension of TTM 2003-0044, to expire on October 12, 2010. ITEM NUMBER DATE: 1-6-09 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: CITY OF ATASCADERO, CA Sandy Jack Planning Commission Chairperson ATTEST: Warren M. Frace Planning Commission Secretary \\Cityhall\cdvlpmnt\- pre 06 PLNs (Old Planning Docs(\- TTM - Tentative Tract Maps\TTM 03\TTM 2003-0044\TTM 2003-0044 Time Ext.N3 PC staff report.doc ITEM NUMBER: 6 DATE: 1-6-09 Atascadero Planning Commission Staff Report - Community Development Department Callie Taylor, Associate Planner, 470-3448, ctaylor@atascadero.org PLN 2008-1309 Tree Removal Permit 5171 Vega Avenue (Carter) SUBJECT: The proposed project consists of a tree removal application to request the removal of 30 native trees, (Blue Oaks, Live Oaks, and Valley Oaks) totaling 297 inches DBH, one of which is in excess of 24" DBH. RECOMMENDATION: Staff Recommends: The Planning Commission adopt resolution PC 2008-0056 to allow the removal of 30 native trees totaling 297 inches DBH subject to conditions of approval. SITUATION AND FACTS: 1. Owner/Applicant: Thomas & Gina Carter, 6201 Monterey Court, Atascadero, CA 93422 2. Project Address: 5171 Vega Avenue, Atascadero, CA 93422 APN # 030-161-002 3. Certified Arborist: A&T Arborists, PO Box 1311, Templeton, CA 93465 4. General Plan Designation: Single -Family Residential (SFR -Z) 5. Zoning District: Residential Single -Family (RSF-Z) 6. Site Area: 2.23 acres 7. Existing Use: Vacant ITEM NUMBER: 6 DATE: 1-6-09 DISCUSSION: Site Description The existing lot is 2.23 acres and is heavily forested by native oak trees. The lot slopes steeply downhill from Vega Avenue and Ardilla Road before becoming relatively flat at the northern property line. The site is currently vacant. Site Design As designed, the proposed residence includes 3,034 square feet of living space on the main floor and an attached 624 square foot garage. There is an additional 1024 square feet of unconditioned storage space with a bathroom below grade. The proposed residence uses a stem -wall foundation (rather than a flat pad) in order to minimize the amount of cut and fill required. There is some additional grading proposed behind the house in order to create a flat backyard area of approximately 2,500 square feet. There is also an open area which is proposed to be graded at the top of the driveway near Vega Avenue in order to provide additional parking for guests, storage, and RV parking on site. Approximately 968 cubic yards of cut and 887 cubic yards of fill are required to construct the new house and driveway as proposed. The proposed driveway has an average slope of 18% and will take access from Vega Avenue. The septic system will be designed per Atascadero Municipal Code standards. Stem Wall Construction SEGTIQN A Proposed Section Detail - FAS- Storage area below grade ENTRY C2ANp PORCH ENTR Stem Wall Construction SEGTIQN A Proposed Section Detail - FAS- Storage area below grade ITEM NUMBER: 6 DATE: 1-6-09 Proposed Grading Plan Drainage basin & leach lines Grading for s% backyard area Native Trees An Arborist Report has been submitted to address the impacts construction will have on the existing native trees. A total of 30 native trees totaling 297 inches DBH are proposed for removal, one of which is larger than 24" DBH. The trees proposed for removal consist of Blue Oaks, Live Oaks, and Valley Oaks (see tree removal chart below for tree sizes and numbers.) An additional 6 trees are shown to be heavily impacted (40%-45% impact) and therefore will require mitigation deposits. All other tree impacts will be less than 40%. All arborist recommendations and mitigation as identified in the Arborist Report from A&T Arborists shall be implemented. Tree wells will be incorporated on the downhill slopes to keep soil off of the trunks. A pre- ITEM NUMBER: 6 DATE: 1-6-09 construction meeting shall be held on-site between the arborist, the grading contractor, the City, and the owner, prior to the start of construction. Arborist monitoring shall be required as described in the Arborist's spread sheet. The project applicant has revised the site plan several times in order to minimize the number of tree removals. Through the relocation of proposed storm water drains, utilities, the incorporation of a stem -wall foundation and retaining walls, and repositioning the driveway, the number of trees proposed for removal has been reduced from 39 trees totaling 397 inches DBH to the currently proposed 30 trees totaling 297 inches. Therefore, 9 trees totaling 100 inches DBH were able to be saved as a result of the applicant's work with the Arborist in redesigning the project. There are previous site plans and 2 preliminary Arborist Reports in the project file at the City for reference. Tree Protection Plan ti L P, r WAY WALL PROFILE - all /,// f , / f+ sofa _ rpE¢re11rEen1yx non: - w '.£LETFTgx FNe9'+EGTVE FE+<W4L .x�f — — — •••• It M'WgP ALL IWAEAE➢ [Ei WE', ES E', +� f �- _ \ � A(169FLiT FI.�IV5 +IH0IL111fI. ✓ f - -�' � __ 1 59ax„Cp+S�%UEiupq _ / f - I an Q ,4 1, ® x.a r.o &y / �11A1 6C �•r,+��I� • ,� JQ '• 1. ups. Muir. a+.nf i ` 02 1,� �n9 61 iron 'nr wx _� [uYAIY� ��py11, t .uxr- 1 � +IAfgYll 14W ITEM NUMBER: 6 DATE: 1-6-09 The Atascadero Native Tree Ordinance requires that all tree removals be mitigated through either replanting or payment into the tree mitigation fund. The applicant is proposing a combination of replanting and fees as mitigation for the 30 tree removals. A replanting plan has been prepared which includes a total of 10 Live Oaks and 13 Blue Oaks. The project Arborist has reviewed the planting plan to ensure best rate of survival. In addition to replanting 23 native trees, the applicant shall pay a total of $3,125 into the tree mitigation fund to cover the additional tree removals. Tree Removal Chart: Evergreen Native Trees (inches) 1 2 3 4 5 6 15 Total dbh notes 18 -inches LO #15 7 -inches LO #31 20 -inches LO #44 13 -inches LO #45 7 -inches LO #50 16 -inches LO #55 81 -inches Tree Fund Payment Deciduous Native Trees (inches) dbh notes 1 12 BO #12 2 12 BO #14 3 10 BO #16 4 4 BO #20 5 4 BO #29 6 5 BO#30 7 5 BO #40 8 11 BO #41 9 5 BO #42 10 7 BO #43 11 14 BO #46 12 5 BO #47 13 5 BO #48 14 4 BO #49 15 6 BO #52 16 9 VO #53 17 11 VO #54 18 6 BO #62 19 25 BO #67 20 6 BO #68 21 7 BO #70 22 18 BO #71 23 12 BO #77 24 13 BO #78 Total 216 -inches $ 675.00 Tree Fund Payment: $ 3,600.00 i Totals 297 -inches 4,275.00 I � Proposed Replanting: 23 Native Trees I Remaining Mitigation: $3125.00 i ITEM NUMBER: 6 DATE: 1-6-09 The 6 trees which will be impacted 40% - 45% will require mitigation deposits in case the trees do not survive construction. The mitigation deposits may be refunded to the applicant 2 years after completion of the construction if the trees survive. A letter from the project Arborist certifying that the trees are in good health is required prior to the mitigation refund. The total mitigation deposit for the 6 heavily impacted trees will be $1400. Mitigation chart for trees impacts over 40%: Evergreen Native Trees (inches) dbh notes 1 13 -inches LO #51 2 28 -inches LO #61 3 27 -inches LO #65 4 5 6 Total 68 -inches Deciduous Native Trees (inches) dbh notes 1 16 BO #60 2 6 BO #64 3 28 VO #79 4 5 6 Total 50 -inches Tree Fund Payment $ 566.67 Tree Fund Payment: $ 833.33 CONCLUSIONS: I Mitigation Deposit: $1400.00 The submitted application includes a request to remove 30 native trees totaling 297 inches DBH, one of which is in excess of 24" DBH, for the construction of a new single- family residence. The project site is heavily wooded and sloped. The proposed project has been designed to minimize impacts to native trees and the slope as much as possible. If approved, the applicant shall plant a total of 23 native trees and pay $3,125.00 into the tree mitigation fund. In addition, mitigation deposits totaling $1400.00 shall be held for the 6 heavily impacted trees. The deposit shall be refunded two years after completion of the construction if the trees survive. In addition to planting the native trees and paying into the mitigation fund, all other mitigations measures outlined in the Arborist Report shall be implemented. ITEM NUMBER: 6 DATE: 1-6-09 ALTERNATIVES: 1. The Commission may approve the tree removal as conditioned or add additional or revised project conditions. 2. The Commission may deny the project if it is found to be inconsistent with the Native Tree Ordinance or any of the other required findings. The Commission's motion to deny must include a finding basis for denial. 3. The Commission may continue the hearing and refer the item back to staff for additional information or analysis. Direction should be given to staff and the applicant on required information. ATTACHMENTS: Attachment 1 — Location Map (General Plan & Zoning) Attachment 2 — Aerial Photo Attachment 3 — Site Plan / Grading Plan Attachment 4 — Arborist Report Attachment 5 — Draft Resolution PC 2008-0056 ITEM NUMBER DATE: 1-6-09 ATTACHMENT 1: Location Map (General Plan & Zoning) PLN 2008-1309 / TRP 2008-0123 5171 Vega Avenue I RSF-X I Project Site 5171 Vega Avenue I RSF-Z I Zone: Residential Suburban (RSF-Z) Land Use Designation: Single -Family Residential (SFR -Z) ITEM NUMBER DATE: 1-6-09 ATTACHMENT 2: Aerial Photo 5171 Vega Avenue ITEM NUMBER: 6 DATE: 1-6-09 ATTACHMENT 3: Site Plan / Grading Plan v W Z 2 o f$ 1 i ITEM NUMBER DATE: 1-6-09 ATTACHMENT 4: Arborist Report A & T AR8®IRiSTS P.O. BOX 1311 TEMPLETON, CA 93465 (605) 4340131 �it0FOSAt_aV 11-10-08 Tom Carter NOV 1 8 2008 Re: Tree Protection Plan for Vega Property COMM1iNiTC CE°'ELt1PMENT This tree protection plan is in regard to the proposed single family home at 5171 Vega Avenue in Atascadero, California. The property is heavily wooded with coast live oaks (Quercus agrifolia), valley oaks (Quercus lobata), and blue oaks (Quercus douglasii). 39 oaks were planned for removal with a total diameter of 397 inches. Through changes in design, the number of required removals is 30 with a total diameter of 297 inches. Many of the remaining trees will require arborist monitoring and potential chemical mitigations to alleviate stress. The removals and trimming shall be supervised by a certified arborist to insure no damage occurs to the saved trees. All trees that are down slope from fills may require tree wells to keep soil off of the trunks. We will advise during monitoring procedures. Utilities are routed down the driveway and were originally routed through trees near the top. The owner changed the orientation', to only impact tree #7 where hand digging and monitoring will have to take place. The storm drain detention basin shall be shifted away from tree 460 at least five additional feet. There is a small storm drain near tree #61 that will be tied into an adjacent drain which is located further away from the tree. This particular tree shall be monitored during all activities within the drip line. We also strongly recommend an application of plant growth regulator to this tree two months prior to any work. All trenching for the drainage pipe shall be hand dug as described in the standard mitigations below. The leach field was shifted away from the property line reducing impacts to trees in the area. There shall not be any grading on this property until the trees are trimmed for clearance and all appropriate fencing is installed. We have reviewed the proposed planting sites for the mitigation trees and we feel they are appropriate for the site and with proper watering and deer protection they should survive. The grading adjacent to the future building area has bon changed to accommodate a 1.5:1 slope. The position of the driveway will change, however, the cut line will remain the same. We feel the trees in this area will survive the impacts. It is the responsibility of the owner to provide a copy `of this tree protection plan to any and all contractors and subs that work within the drip line of any native tree. It is highly recommended that each contractor sign and acknowledge this tree protection plan. This project shall require an on-site pre -construction meeting with the city, owner, grading contractor and the arborist. Topics will include fencing, monitoring and requirements for a positive final occupancy letter. All trees potentially impacted by this project are numbered and identified on both the grading plan and the spreadsheet. Trees are numbered on the grading plans and in the ITEM NUMBER DATE: 1-6-09 field with an aluminum tag. Tree protection fencing is shown on the grading plan. In the field, trees to be saved have yellow tape and trees to be removed have red tape. I Tree Rating System A rating system of I-10 was used for visually establishing the overall condition of each tree on the spreadsheet. The rating system is defined, as follows: Ratine Condition 0 Deceased 1 Evidence of massive past failultes, extreme disease and is in severe decline. 2 May be saved with attention to class 4 pruning, insect/pest eradication and future monitoring. 3 Some past failures, some pests, or structural defects that may be mitigated by class IV pruning.' 4 May have had minor past failures, excessive deadwood or minor structural defects that can be r}itigated with pruning. 5 Relatively healthy tree with little visual structural and or pest defects. 6 Healthy tree that probably can,6 left in its natural state. 7-9 Have had proper arboricultural pruning and attention or have no apparent structural defects. 10 Specimen tree with perfect shape, structure and foliage in a protected setting (i.e. park, arboretum). The following mitigation measures/methods must be frilly understood and followed by anyone working within the drip line of any native tree. Any necessary clarification will be provided by us (the arborists) upon request. Fencing: The proposed fencing shall be plan. It must be a minimum of 4' high chain link, sn, of the drip line or line of encroachment for each tree up before any construction or earth moving begins. maintaining an erect fence throughout the constructi( notification, will inspect the fence placement once it shall not be moved without arborist inspection/appro used, a minimum of four zip ties shall be used on eac efforts shall be made to maximize the distance from be constructed prior to the city pre -construction meet arborists. ►own in orange ink on the grading f or safety fence staked at the edge group of trees. The fence shall be .e owner shall be responsible for period. The arborist(s), upon erected. After this time, fencing I. If the orange plastic fencing is stake to secure the fence. All -h saved tree. The fencing must g for inspection by the city and the Soil Aeration Methods: Soils within the drip line that have been compacted by heavy equipment and/or construction activities must be returned to their original state before all work is completed. Methods include water jetting, adding organic matter, and boring small holes with an auger (18" deep, 2-3' apagwith a 24" auger) and the application of moderate amounts of nitrogen fertilizer'', The arborist(s) shall advise. ITEM NUMBER DATE: 1-6-09 Chip Mulch: All areas within the drip line f the trees that cannot be fenced shall receive a 4-6" layer of chip mulch to retain mo sture, soil structure and reduce the effects of soil compaction. Trenching Within Drip Line: All trenching for foundations within the drip line of native trees shall be hand dug. All major roots shall be avoided whenever possible. All exposed roots larger than 1" in diameter shall be clean cut with sharp pruning tools and not left ragged. A Mandatory meeting between the arborists and grading/trenching contraetor(s) shall take place prior to work start. This activity shall be monitored by the arborist(s) to insure proper root pruning is talking place. Grading Within The Drip Line: Grading should not encroach within the drip line unless authorized. Grading should not disrupt the normal drainage pattern around the trees. Fills should not create a ponding condition an excavations should not leave the tree on a rapidly draining mound. Exposed Roots: Any exposed roots sha 1 be re-covered the same day they were exposed. If they cannot, they must be covered vith burlap or another suitable material and wetted down 2x per day until re -buried.; Paving Within The Drip Line: Pervious surfacing is preferred within the drip line of any native tree. This includes coring vertical tubing approximately 4 feet on center within the drip line and backfilling with Mychjorizza, slow release fertilizer and pea gravel. We feel the drip line encroachment for this project will not require pavers. i Equipment Operation: Vehicles and ad heavy equipment shall not be driven under the trees, as this will contribute to soil compaction. Also there is to be no parking of equipment or personal vehicles in these areas. All areas behind fencing are off limits unless pre -approved by the arborist. Existing Surfaces: The existing ground surface within the drip line of all native trees shall not be cut, filled, compacted or pared, unless shown on the grading plans and approved by the arborist. Construction Materials And Waste: No liquid or solid construction waste shall be dumped on the ground within the drip line of any native tree. The drip line areas are not for storage of materials either. Arborist Monitoring: An arborist shal (trees identified on spreadsheet and items bulleted be necessarily have to be continuous but observational a the resp6nsibility of the owner(s) or their designee to we can make arrangements to be present. It is the res (prior to construction) a locally licensed and insured monitoring activities. pre -construction fence placement any utility or drainage trenching within any be present for selected activities )w). The monitoring does not times during these activities. It is nform us prior to these events so lonsibility of the owner to contract •borist that will document all line ITEM NUMBER DATE: 1-6-09 • All grading and trenching near trees requiring monitoring on the spreadsheet Pre -Construction Meeting: An on-site pre1construction meeting with the Arborist(s), Owner(s), Planning Staff, and the earth moving team shall be required for this project. Prior to final occupancy, a letter from the arborist(s) shall be required verifying the health/condition of all impacted trees aid providing any recommendations for any additional mitigation. The letter shall verify that the arborist(s) were on site for all grading and/or trenching activity that encroached into the drip line of the selected native trees, and that all work done in these areas wai completed to the standards set forth above. I Pruning: Class 4 pruning includes -Crown reduction pruning shall consist of reduction of tops, sides or individual limbs. A trained arborist shall perform all pruning. No pruning shall take more than 25% of the live cro�,,n of any native tree. Any trees that may need pruning for road/home clearance shall be pruned prior to any grading activities to avoid any branch tearing. Landscape: All landscape under the drip -1'' e shall be drought tolerant or native varieties. Lawns shall be avoided. All irrigation trenching shall be routed around drip lines; otherwise above ground drip -irrigation shall be used. It is the owner's responsibility to notify the landscape contractor regarding this mitigation. Utility Placement: All utilities and sewer/�torm drains shall be placed down the roads/driveways and when possible outside of the: drip lines. The arborist shall supervise trenching within the drip line. All trenche$ in these areas shall be exposed by air spade or hand dug with utilities routed undier/over the roots. Roots greater than 2 inches in diameter shall not be cut. i Fertilization and Cultural Practices: As the project moves toward completion, the arborist(s) may suggest either fertilization and/or mycorrhiza applications that will benefit tree health. Mycorrhiza offers several benefits to the host plant, including faster growth, improved nutrition, greater dfrought resistance, and protection from pathogens. The included spreadsheet includes trees listed by number, species and multiple stems if applicable, diameter and breast height (4.5'), condition (scale from poor to excellent), status (avoided, impacted, removed, exempt), percent of drip line impacted, mitigation required (fencing, root pruning, monitoring), construction impact (trenching, grading), recommended pruning and individual tree notes. If all the above mitigation measures are followed, we feel there will be no additional long-term significant impacts to the remaining native trees. A & T Arborists strongly suggests that the responsible party (owner of their designee) make copies of this report. Any reproduction by A &; T Arborists or changes, alterations, additional field visits, or addendums will require an additional charge. 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N n « LO W 1-- 100 Mo n # in m � co @ 0 - Lu - co q C* m co & � � com 0)@ 0")m @ 0)m � M / � ITEM NUMBER DATE: 1-6-09 00) r J W r W ~ � LL Z Ca � Z � o z O Z Q z � � J Zp aU z a w �o r° z� � W o I z ZOO O O O O O 0 g g d Z Z Z Z Z ° W yj W R' z z 0 w = Z O J S z > a w w Q Cl) LL K a coCLa Wz ao O w v_ � � u. W g Cl. � O ga a ¢ ¢ Z Q F ~ w w V..� V..� W z d z tt 0 p W I d Z Q Z O Z O Z O Z O Z O o N m o 2 w pa U� Z Z Z Z Z h o p m w p < a Lu F - a Z U m w CDOf Ja 0 0 0 0 o.� ° 0 0 0 0 ❑e W) OQ Q Q Q Q Q U ~ N 0 w W 0 H � a � r o 0 o r z � O w U w = � y< a_ 3 r Z 0 Ry 0 U 3 ow Y = � 0' V M � xk 0 0 0 0 O O O O O y a o N Z 7 O N N U 1 N � o w N o w q z U F O a Nw wv Lu O O O O O wQ p � W .� % � J m w z w N CL d s o ¢ r r r r v ❑ W F N M tt N O P- 00 W O � N M d' to Wf- CO O0 T � xk 0 0 0 0 O O O O O N ITEM NUMBER: 6 DATE: 1-6-09 ATTACHMENT 5: Draft Resolution PC 2008-0056 TRP 2008-0123 5171 Vega Avenue DRAFT RESOLUTION NO. PC 2008-0056 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING PLN 2008-1309 / TREE REMOVAL PERMIT 2008-0123, TO ALLOW THE REMOVAL OF 30 NATIVE TREES FOR CONSTRUCTION OF A SINGLE-FAMILY RESIDENCE AT 5171 VEGA AVENUE (APN 030-161-002) (CARTER) WHEREAS, an application was received from Thomas and Gina Carter, 6201 Monterey Court, Atascadero, CA 93422 (Owner/Applicant), for a Tree Removal Permit to remove 30 native trees with a total 297 inches DBH; and, WHEREAS, the proposed project has a General Plan Designation of Single -Family Residential (SFR) and is in conformance with the Land Use Element of the General Plan and all other applicable General Plan policies and the Native Tree Ordinance; and, WHEREAS, the site is located in the Residential Single -Family (RSF-Z) where the minimum lot size is 1 1/2 to 2 1/2 acres gross which allows for the proposed use and density; and, WHEREAS, the Planning Commission received the proposed tree removal application on January 6, 2009 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 Approval of Tree Removal Permit. The Planning Commission finds as follows: 1. The tree is obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from the Site Planner and determined by the Community Development Department based on the following factors: • Early consultation with the City; • Consideration of practical design alternatives; • Provision of cost comparisons (from applicant) for practical design alternatives; • If saving the tree eliminates all reasonable uses of the property; or • If saving the tree requires the removal of more desirable trees. ITEM NUMBER: 6 DATE: 1-6-09 SECTION 2. Approval. The Planning Commission hereby approves Tree Removal Permit 2008-0123 to remove 30 native trees with a total of 297 inches DBH, subject to the following Conditions and Exhibits: EXHIBIT A: Conditions of Approval EXHIBIT B: Tree Protection Plan / Site Plan EXHIBIT C: Tree Mitigation Chart & Mitigation Deposit Chart 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 Sandy Jack Planning Commission Chairperson ATTEST: Warren Frace Planning Commission Secretary EXHIBIT A: Conditions of Approval / Mitigation Monitoring ITEM NUMBER DATE: 1-6-09 TRP 2008-0123 / PLN 2008-1309 Conditions of Approval Timing Responsibility /Monitoring TRP 2008-0123 / PLN 2008-1309 FM;FirdWi, BL: Business License PS: Planning Services GP: Grading Permit BS: Building Services Address: 5171 Vega Avenue Permit FP Final InBuildinspection on Department FD: lice Department PD: Po TO: Temporary Occupancy CE: City Engineer FO: Final Occupancy WW: Wastewater CA: City Attorney Standard Planning Conditions 1. The approval of this application shall become final, subject to the completion of FM PS 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. Project Planning Conditions 2. Prior to issuance of construction permits all tree mitigation fees shall be GP/BP PS paid. 3. All recommendations and tree protection measures, as outlined in the Tree GP/FM PS Protection Report, prepared by A&T Arborists shall be implemented prior to and during all construction activity on the project site. 4. All utilities shall be located within the driveway and remain outside the GP/BP PS/Pw driplines of native trees. 5. An on-site pre -construction meeting shall be required between the City, GP/BP PS arborist, applicant, and grader prior to permit issuance. Tree protection fencing shall be installed at the line of encroachment into the tree's root zone area, as to the tree protection plan. 6. Upon project completion, a final status report shall be prepared by the FO PS Project Arborist certifying that the tree protection plan was implemented, the trees were protected during construction, and arborist monitoring took place as required. 7. Mitigation deposits shall be held for trees impacted more than 40%. Tree GP/BP PS mitigation deposits shall be refunded two years after completion of construction if the tree survives. A letter from the project arborist is required prior to releasing the mitigation deposits. EXHIBIT B: Tree Protection Plan / Site Plan ITEM NUMBER: 6 DATE: 1-6-09 (T _ cc r it a 7 f EXHIBIT C: Tree Removal Mitigation & Mitigation Deposit Charts Evergreen Native Trees (inches) dbh notes 1 18 -inches LO #15 2 7 -inches LO #31 3 20 -inches LO #44 4 13 -inches LO #45 5 7 -inches LO #50 6 16 -inches LO #55 15 Total 81 -inches Tree Fund Payment: ITEM NUMBER: 6 DATE: 1-6-09 Deciduous Native Trees (inches) dbh notes 1 12 BO #12 2 12 BO #14 3 10 BO #16 4 4 BO #20 5 4 BO #29 6 5 BO#30 7 5 BO #40 8 11 BO #41 9 5 BO #42 10 7 BO #43 11 14 BO #46 12 5 BO #47 13 5 BO #48 14 4 BO #49 15 6 BO #52 16 9 VO #53 17 11 VO #54 18 6 BO #62 19 25 BO #67 20 6 BO #68 21 7 BO #70 22 18 BO #71 23 12 BO #77 24 13 BO #78 Total 216 -inches $ 675.00 Tree Fund Payment: $ 3,600.00 Totals 297 -inches 4,275.00 For tree removals: •' Proposed Replanting: 23 Native Trees `, t Remaining Mitigation: $3125.00 t i Evergreen Native Trees (inches) Deciduous Native Trees (inches) Totals dbh notes dbh notes 1 13 -inches LO #51 1 16 BO #60 2 28 -inches LO #61 2 6 BO #64 3 27 -inches LO #65 3 28 VO #79 Total 68 -inches Total 50 -inches 118 -inches Tree Fund Payment $ 566.67 Tree Fund Payment: $ 833.33 $ 1,400.00 -- For tree impacts 40%-45%, Can be refunded 2 t Mitigation Deposit: $1400.00 ` ,� years after completion of construction if trees survive: