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HomeMy WebLinkAboutPC_2004-10-19_AgendaPacketCITY OFATASCADERO PLANNING COMMISSION AGENDA Regular Meeting October 19, 2004 — 7:00 P.M. City of Atascadero Pavilion on the Lake 9315 Pismo Ave. - Atascadero, California CALL TO ORDER Pledge of Allegiance Roll Call: Chairperson Kelley Vice Chairperson Porter Commissioner Fonzi Commissioner Jones Commissioner Peterson Commissioner Beraud Commissioner O'Keefe 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 five 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) 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 OCTOBER 5, 2004. COMMUNITY DEVELOPMENT STAFF REPORTS 3. TREE REMOVAL PERMIT 2004-0060 Applicant Paul Norton, P O Box 1107, Atascadero, CA 93423, Phone: 466-4776 Project Title Tree Removal Permit 2004-0060 Project Location 3872 Seperado Ave., Atascadero, CA 93422 APN 049-033-049 Project The applicant is proposing to remove one Live Oak tree on property zoned Single -Family Description Residential (SFR -X). The site is currently under construction for a 1906 square -foot residence. According to the arborist, the 48 -inch oak tree is decayed and injured beyond reclamation. PUBLIC HEARINGS (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 five 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).) NONE COMMISSIONER COMMENTS AND REPORTS DIRECTOR'S REPORT ADJOURNMENT The next regular meeting of the Planning Commission will be on Wednesday, November 3, 2004, at the Pavilion on the Lake, 9315 Pismo Avenue, 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 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 the Pavilion on the Lake, 9315 Pismo Ave., 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 5 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). ITEM NUMBER: DATE CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting October 5, 2004 — 7:00 P.M. CALL TO ORDER 1 1 n_1 a-nd Chairperson Kelley called the meeting to order at 7:01 p.m. and Commissioner Peterson led the Pledge of Allegiance. ROLL CALL Present: Commissioners Beraud, Jones, O'Keefe, Peterson and Chairperson Kelley Absent: Commissioners Fonzi and Porter Staff Present: Community Development Director Warren Frace, Deputy Public Works Director Jeff van den Eikhof, Deputy Community Services Director Steve McHarris, Associate Planner Kerry Margason, Assistant Planner Lisa Wilkinson and Recording Secretary Grace Pucci. APPROVAL OF AGENDA MOTION: By Commissioner Peterson and seconded by Commissioner Beraud to approve the agenda. Motion passed 5:0 by a roll -call vote. PUBLIC COMMENT None CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON SEPTEMBER 21, 2004. 2. ACCEPTANCE OF FINAL MAP 2004-0091: 2435 SAN FERNANDO ROAD (TPM 2003-0041). Items Pulled: Commissioner O'Keefe, Item #1. MOTION: By Commissioner O'Keefe and seconded by Commissioner Beraud to approve Item #1. Motion passed 4:1 by a roll -call vote. (Peterson opposed) Item #2: Commissioner O'Keefe stated she pulled this item to vote no because she had previously voted no on the subdivision. MOTION: By Commissioner Peterson and seconded by Commissioner Jones to approve Item #2. Motion passed 3:2 by a roll -call vote. (O'Keefe, Beraud opposed) Commissioner Beraud stated for the record that she voted no because she had previously voted no on the subdivision. COMMUNITY DEVELOPMENT STAFF REPORTS None PUBLIC HEARINGS Orem DIRECTOR'S REPORT 3. NATIVE TREE ORDINANCE REVIEW AND DISCUSSION The Planning Commission will be discussing the Native Tree ordinance Title 9 Chapter 11 and the accompanying guidelines. The item will be limited to review and discussion only. No formal action or amendments to the ordinance will be considered. Chairperson Kelley opened a discussion of the Native Tree Ordinance. He indicated there were different costs for tree mitigation based on zoning, and he would like the Planning Commission to have the discretion in specific cases to adjust the fees. Commissioner Beraud stated she would keep it as it is because it works well and is not biased. Commissioner O'Keefe stated that the cost of mitigation for this valuable resource is not significant when considering how trees are valued for insurance costs and actual costs. Commissioner Peterson stated he would like to see more discretion for staff to make some Tree Ordinance decisions, i.e. when there is only one tree to be removed. Commission Jones indicated he would like to see a calamity provision. He is concerned with the 10% removal discretion and how it is measured. Chairperson Kelley stated that the City is lacking an education program for trees and recommended that mitigation fees be used to print up informational pamphlets for those who come to the Planning Department to apply for a permit. PUBLIC COMMENT Jim Patterson, ISA Certified Arborist, addressed several issues: 1) the definition of the term "hazardous", 2) how dead trees are an integral part of natural woodland habitat, 3) standards used for appraisal of a tree's value, 3) possibility of a mechanism in place to allow staff discretion in tree removals while maintaining consistency, and 4) the importance of having a professionally qualified person on staff to do the ordinance justice. He spoke of the need for consistency in monitoring and the use of a standardized format to provide consistency in reporting. Eric Greening discussed the benefits the community derives from trees, the ecological value of dead trees, the need for a public forum for tree removals and the benefits to taxpayers in the form of mitigations. Rick Mathews indicated the Atascadero Native Tree Association (ANTA) would be willing to work with City staff to put together an educational brochure for the Tree Ordinance. Additionally, he suggested that a tree/natural resource inventory would be a helpful tool as well as having a natural resource specialist available to assist staff. Ann Fletcher stated that the Tree Ordinance and the public hearing process should not be subject to changes that would weaken them. She would like to see the addition of language indicating how trees are marked for removal and stronger language for follow- up on newly planted trees in subdivisions. Cindy Sazer expressed concern that arborists are not monitoring projects adequately and she would not like to see any changes to the ordinance. Tina Salter agreed with the need for more education, for having ANTA be part of it, and for using the tree mitigation fund to provide it. She does not feel it is necessary to give staff more discretion. Steven Alvarez, arborist, made several suggestions: 1) need for identification of trees that encroach on a lot with no trees, 2) procedure for checking off on a permit when an arborist has been to a site, 3) monitoring is very weak and should be built up, 4) training should be offered for developers, back hoe people, etc., 5) encourage a stronger focus on younger trees to rejuvenate forests, 6) standardization of the 10% rule, 7) certification for those who do grading, 8) grandfather clause for those with changes to their zoning, 9) use of a hazard evaluation system/form, 10) better marking of trees for removal, and 11) address issue of landscaping under trees. Chip Tamagni, arborist, spoke about hazardous trees and their removal and suggested determining who is at fault when making the decision on who is to pay for tree removals. He also addressed the problems with monitoring a site and suggested including a sheet with the tree protection plan on which the arborist can sign off. He would like to see developers in multi family areas pass on a copy of the tree protection plan to potential owners, and he spoke in support of better protection for young trees. Geraldine Braser agreed with the need for more education and with using money from the tree mitigation fund for that purpose. She stated that for the ordinance to work monitoring is important and must be done. Chairperson Kelley closed the Public Comment period. Chairperson Kelley spoke in favor of uniformity, education, certification for graders, and grandfathering for zoning changes. Commissioner O'Keefe thanked everyone for coming out and the Atascadero News for noticing the meeting, and stated there is a need for an arborist on staff to assist planners in evaluating, monitoring and enforcing tree protection plans. Commissioner Peterson agreed there should be an arborist on staff and is opposed to having building officials inspect something they know nothing about. Commissioner Beraud made several recommendations including having an arborist or natural resource planner on staff, increasing notification to 300 feet for tree hearings, and that the appeal process can effectively take the place of the Planning Commission having discretion on fees. Commissioner Jones suggested requiring an arborist who is certified by the city, and sees no problem with using tree mitigation funds for education. Community Development Director Warren Frace summed up the workshop as follows: 1. Staff will work the ANTA to come up with better public information. 2. Staff will work to establish consistency on how sites are marked, flagged, fenced, etc., and stated that staff is working on a photographic example/handout for the Commission, applicants, arborists to give them a common colored key to what flagging should look like and what the colors mean. 3. Handout of Living Among the Oaks will be distributed as much as possible, and will be attached to any project with trees. 4. Staff will do some work on these issues and report back on progress in a few months. COMMISSIONER COMMENTS AND REPORTS Community Development Director Frace gave an update on the next agenda, and the Fkiaras Tree Removal Permit appeal. ADJOURNMENT Chairperson Kelley adjourned the meeting at 9:05 p.m. to the next regularly scheduled meeting of the Planning Commission on October 19, 2004. MEETING RECORDED AND MINUTES PREPARED BY: Grace Pucci, Recording Secretary \\Cityhall\cdvlpmnt\— PC Minutes\PC Minutes 04\PC Draft Minutes 10-5-04.gp.doc ITEM NUMBER: 2 DATE: 10-19-04 Atascadero Planning Commission Staff Report - Community Development Department Tree Removal Permit TRP 2004-0060 (3872 Seperado Avenue: Norton) SUBJECT: Request to remove one (1) 48 -inch native Live Oak tree. RECOMMENDATION: Staff recommends: The Planning Commission adopt Resolution PC 2004-0118 to approve the request to remove one (1) 48 -inch Live Oak tree subject to the guidelines and mitigation required by the Atascadero Native Tree Ordinance. SITUATION AND FACTS: 1. Applicant/Representative 2. Certified Arborist: 3. Project Address: ANALYSIS: Paul Norton P.O. Box 1107 Atascadero, CA 93423 Ted Elder, Elder & Elder Ltd. 1207 Grassy Hollow Way, Paso Robles, CA 93446 3872 Seperado Ave., Atascadero, CA 93422 APN 049-033-049 The applicant is proposing to remove one Live Oak tree on property zoned Single -Family Residential (SFR -X). The site is currently under construction for a 1906 square -foot residence. According to the arborist, the 48 -inch oak tree is decayed and injured beyond reclamation (Attachment 2). The City of Atascadero's Tree Ordinance requires that mitigation for native tree removals be implemented as a condition of approval. Staff recommends the on-site planting of three (3) 15 -gallon Live Oak trees, subject to conditions of approval. TRP 2004-00603872 Separado.PC-SR Evergreen Native Trees (inches) dbh notes 1 48 -inches 2 3 Total 48 -inches Mitigation Requirement req'd tree replacements: 8 five gal trees Proposed Replanting 0 five gal trees 0 fifteen gal trees 0 box trees (24") Remaining Mitigation 0 five gal trees Tree Fund Payment: $ 400.00 ITEM NUMBER: 2 DATE: 10-19-04 Deciduous Native Trees (inches) Totals dbh notes 1 2 3 Total 0 -inches 48 -inches req'd tree replacements: 0 five gal trees Proposed Replanting 0 five gal trees 0 five gal trees 0 fifteen gal trees 0 fifteen gal trees 0 box trees (24") 0 box trees (24") Remaining Mitigation 0 five gal trees 0 five gal trees Tree Fund Payment: $ $ 400.00 TABLE 1: NATIVE TREE REMOVAL MITIGATION FINDINGS: Pursuant to the Tree Ordinance (Ordinance No. 214), "decisions on native tree removals of 24 -inch dbh-size or larger shall be made by the Planning Commission." In considering any tree removal request, one of the required findings must be made. Staff has identified the following finding as appropriate for the application request. A.) The tree is dead, diseased or injured beyond reclamation, as certified by a tree condition report from an Arborist. CONCLUSION: Staff finds that the tree proposed for removal meet the requirements as shown in Finding A. This finding has been certified by the Community Development Department, and meets the required findings for removal. PREPARED BY: Lisa Wilkinson, Assistant Planner ATTACHMENTS: Attachment 1: Location Map Attachment 2: Arborist Report Attachment 3: Draft Resolution PC 2004-0118 Exhibit A: Conditions of Approval TRP 2004-00603872 Separado.PC-SR ITEM NUMBER: 2 DATE: 10-19-04 Attachment 1 Location Map so a,$ ay C> 3855 v 3851 3 ee 0 rfff�s 4 ay s 3656 X68 4030 3888Ted X10 0 o S h 'iso 38rz d 4118 m $MSTs m 4006 T6 4105 4001 4700 X8$0 O 4105 40 „C+367,6 TSO U) 41$ur61 0 4 lea d 4s e Av�hue aoe5 4000 4zr� � 4s� TRP 2004-00603872 Separado.PC-SR Attachment 2 Arborist Report This page intentionally left blank. ITEM NUMBER: DATE: 10-19-04 TRP 2004-00603872 Separado.PC-SR ITEM NUMBER DATE: 10-19-04 Attachment 3: Draft Resolution PC 2004-0118 Tree Removal - TRP 2004-0060 DRAFT RESOLUTION PC 2004-0118 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING A TREE REMOVAL PERMIT TO ALLOW THE REMOVAL OF ONE NATIVE OAK TREE LOCATED AT 3872 SEPERADO AVENUE (TRP 2004-0060/Norton) APN 049-033-049 WHEREAS, an application for a Tree Removal Permit has been received from Paul Norton, P.O. Box 1107, Atascadero, CA 93423, to allow the removal of one native oak tree; and, WHEREAS, the proposed project is located within the Single -Family Residential -X (SFR -X) Land Use Designation of the City of Atascadero's General Plan Land Use Diagram; and, WHEREAS, the proposed project is located in the Residential Single -Family -X (RSF- X) Zoning District; and, WHEREAS; the Planning Commission reviewed the proposed Tree Removal application on October 19, 2004, at 7:00 p.m. at the Pavilion on the Lake located at 9315 Pismo Avenue and considered testimony and reports from staff, the applicants, and the public; and, NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Findings for Approval of Tree Removal Permit. The Planning Commission finds as follows: A. The tree is dead, diseased or injured beyond reclamation, as certified by a tree condition report from an Arborist; and SECTION 2. Approval. The Planning Commission hereby approves Tree Removal Permit 2004-0060 subject to the following Conditions and Exhibits: Exhibit A: Conditions of Approval TRP 2004-00603872 Separado.PC-SR ITEM NUMBER DATE: 10-19-04 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: ABSTAIN: ADOPTED: Attest: Warren M. Frace Planning Commission Secretary CITY OF ATASCADERO, CA Bob Kelley Planning Commission Chairperson TRP 2004-00603872 Separado.PC-SR ITEM NUMBER: DATE: 10-19-04 Exhibit A: Conditions of Approval Tree Removal - TRP 2004-0060 Conditions of Approval Timing Responsibility TRP 2004-0060 /Monitoring PR: Pnorto Removal PS: Planning Services BL: Business License BS: Building Services BP: Building Permit FD: Fire Department TO: Temporary Occupancy PD: Police Department F0: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attorney Planning Services 1. The applicant shall replant three (3) 15 -gallon native live PR PS oak trees onsite. 2. The location of the three (3) 15 -gallon trees shall be PR PS approved by the project arborist. The tree shall be monitored by the project arborist until established. 3. No tree removals shall be allowed prior to the issuance PR PS of an approval letter and tree planting. TRP 2004-00603872 Separado.PC-SR