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Home My WebLink AboutPC_2003-04-01_AgendaPacketCITY OFATASCADERO PLANNING COMMISSION AGENDA Regular Meeting April 1, 2003 — 7:00 P.M. City of Atascadero 6500 Palma Ave. — 4t" Floor, - Atascadero, California CALL TO ORDER Pledge of Allegiance Roll Call: Chairperson Fonzi Vice Chairperson Kelley Commissioner Bentz Commissioner Beraud Commissioner Jones Commissioner O'Keefe Commissioner Porter 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 MARCH 18, 2003. COMMUNITY DEVELOPMENT STAFF REPORTS 2. TREE REMOVAL PERMIT (TRP) #2003-0031: 4605 OBISPO RD. Request to remove two (2) native OAK trees located at 4605 Obispo Rd. (APN 049-111-023) Staff Recommends: The Planning Commission adopt Resolution PC 2003-0041 to approve the request to remove two native oak trees subject to the guidelines and mitigation required by the Atascadero Native Tree Ordinance. 3. TREE REMOVAL PERMIT (TRP) #2003-0028: 7128 VALLE AVE. Request to remove one (1) native oak tree over 24 -inches dbh at 7128 Valle Ave. Staff Recommends: The Planning Commission adopt Resolution PC 2003-0042 to approve the request to remove one native oak tree subject to the guidelines and mitigation required by the Atascadero Native Tree Ordinance. COMMISSIONER COMMENTS & REPORTS 4. DISCUSSION OF THE ATASCADERO NATIVE TREE ORDINANCE ADJOURNMENT The next regular meeting of the Planning Commission will be April 15, 2003 at City Hall in the 4th Floor Rotunda, 6500 Palma 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. \\CityhaII\CDvlpmnt\— PC Agendas\PC 2003\PC Agenda. 04-01-03.am.doc City ofAtascadero WELCOME TO THE ATASCADER0 PLANNING COMMISSION MEE TING The Planning Commission meets in regular session on the first and third Tuesday of each month at 7: 00 p.m., in the Rotunda of City Hall. Matters are considered by the Commission in the order of the printed Agenda. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the Community Development Department and are available for public inspection during City Hall business hours at the Permit Center counter. 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 office. 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) 461-5010, or the City Clerk's Office, (805) 461-5074. 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. The Chairperson will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Commission. 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). Cdvlpmnt/PC Agenda/ -Welcome and meeting information1doc ITEM NUMBER: 2 DATE: 04/01/03 Community Development Staff Report Tree Removal Permit TRP 2003-0031 (4605 Obispo Rd.: Thibeault) SUBJECT: Request to remove two (2) native oak trees, in conjunction with the development of a 1,966 square -foot new single-family home with a 464 square -foot attached garage located at 4605 Obispo Rd. RECOMMENDATION: Staff recommends: The Planning Commission adopt Resolution PC 2003-0041 to approve the request to remove two native oak trees subject to the guidelines and mitigation required by the Atascadero Native Tree Ordinance. SITUATION AND FACTS: 1. Applicant: Larry Thibeault, 7400 Balboa Rd, Atascadero, CA 93422 2. Representative: Larry Thibeault, 7400 Balboa Rd, Atascadero, CA 93422 3. Certified Arborist: Carolyn Leach, 444 Blume Street, Nipomo, CA 93444. 3. Project Address: 4605 Obispo Rd., Atascadero, CA 93422; APN 049-111-023 1/28/2003 TRP 2003-0031 4605 Obispo.PC-SR.doc ITEM NUMBER: 2 DATE: 04101103 ANALYSIS: The applicant has proposed a 1,966 square foot single-family residence on the project site. The project site is comprised of moderate to steep slopes ranging from 15% to 30%. The project will gain access from Obispo Rd. The majority of the parcel contains heavy to moderate concentrations of oak tree clusters. The proposed building site is located within a relatively clear area and provides the only practical building site. The proposed building site has an average slope of 18%. Additionally, the proposed septic placement and routes have been located to avoid disturbance of the oak tree clusters. Tree Proposed for Removal 24"/14" Live Oak 4' Proposed Residence Tree Proposed • T� �'� it for Removal 2" White Oak L , The City of Atascadero's Tree Ordinance requires that a certified arborist prepare an accurate and appropriate Tree Protection Plan, and that appropriate mitigation for native tree removals be implemented as a condition of the project. The applicant submitted a Tree Protection Report and staff concurs with the recommendations, which have been incorporated into the site plan. The arborist's report findings conclude that the double trunk 24"/14" oak tree to be removed is in declining health 1/28/2003 TRP 2003-0031 4605 Obispo.PC-SR.doc r ,_ Proposed Residence Tree Proposed • T� �'� it for Removal 2" White Oak L , The City of Atascadero's Tree Ordinance requires that a certified arborist prepare an accurate and appropriate Tree Protection Plan, and that appropriate mitigation for native tree removals be implemented as a condition of the project. The applicant submitted a Tree Protection Report and staff concurs with the recommendations, which have been incorporated into the site plan. The arborist's report findings conclude that the double trunk 24"/14" oak tree to be removed is in declining health 1/28/2003 TRP 2003-0031 4605 Obispo.PC-SR.doc ITEM NUMBER: 2 DATE: 04/01/03 and would be a hazard to the proposed residence. The 2" blue oak is obstructing proposed improvements to the site and is therefore proposed for removal. The subject trees are shown below. syr t d Tti .'a i.i r f �� r•.�. �*t fA LV SMI-� s} c�;.. "r c.}► ' ' . Double Trunk MWW"'W"' 24"/14" Live Oak Tree Proposed for Removal Staff is recommending that removal of the trees be mitigated by payment of $350.00 into the City's Tree Replacement Fund. In addition, staff will require that the applicant implement the tree protection measures that are recommended in the report prior to the issuance of the building permit. The proposed mitigation is shown in the following table. 1/28/2003 TRP 2003-0031 4605 Obispo.PC-SR.doc Evergreen Native Trees (inches) dbh notes 1 38 -inches Live Oak 2 3 4 5 6 Total 38 -inches Mitigation Requirement Tree Fund Payment: $ 316.67 FINDINGS: ITEM NUMBER: 2 DATE: 04/01/03 Deciduous Native Trees (inches) dbh notes 1 2 -inches Blue Oak 2 3 4 5 6 Total 2 -inches Tree Fund Payment: $ 33.33 Totals 40 -inches $ 350.00 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, at least one of the below stated following findings must be made. Staff has identified findings #1 and #5 as appropriate for the application request. 1) The tree is dead, diseased or iniured beyond reclamation, as certified by a tree condition report from an Arborist; 2) The tree is crowded by other healthier native trees, thinning (removal) would promote healthier growth in the trees to remain, as certified by a tree condition report from an Arborist; 3) The tree is interfering with existing utilities and/or structures, as certified by a report from the Site Planner; 4) The tree is inhibiting sunlight needed for existing and/or proposed active or passive solar heating or cooling, as certified by a report from the Site Planner; 5) The tree is obstructing proposed improvements that cannot be reasonably des i n� ed 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.- El actors:❑ Early consultation with the City; ❑ Consideration of practical design alternatives; ❑ Provision of cost comparisons (from applicants for practical design alternatives; ❑ I saving tree eliminates all reasonable uses of the property; or ❑ I saving the tree requires the removal of more desirable trees. 1/28/2003 TRP 2003-0031 4605 Obispo.PC-SR.doc ITEM NUMBER DATE: 04/01/03 CONCLUSION: The applicant has a submitted tree protection plan with findings from a Certified Arborist. The trees have been determined to be in poor health or are obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by the Community Development Department, and therefore meets the required findings for removal. PREPARED BY: Kelly Davis, Assistant Planner ATTACHMENTS: Attachment 1: Location Map Attachment 2: Site Plan Exhibit A: Draft Resolution PC 2003-0041 Exhibit B: Tree Mitigation Table Exhibit C: Tree Protection Plan 1/28/2003 TRP 2003-0031 4605 Obispo.PC-SR.doc ITEM NUMBER: DATE: 04/01/03 Attachment 7 Location Map 4605 Obispo Rd. 1/28/2003 TRP 2003-0031 4605 Obispo.PC-SR.doc ITEM NUMBER: 2 DATE: 04/01/03 Attachment 2 Site Plan 1/28/2003 TRP 2003-0031 4605 Obispo.PC-SR.doc ITEM NUMBER: 2 DATE: 04/01/03 Exhibit A: Draft Resolution PC 2003-0041 Tree Removal - TRP 2003-0031 DRAFT RESOLUTION PC 2003-0041 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING A TREE REMOVAL PERMIT TO ALLOW THE REMOVAL OF TWO NATIVE OAK TREES LOCATED AT 4605 OBISPO RD. (TRP 2003-0031/THIBEAULT) WHEREAS, an application for a Tree Removal PermiL iia 'uGGi, cceived from, Larry Thibeault, 7400 Balboa Rd, Atascadero, CA 93422, to allow the removal of two native oak trees located at 4605 Obispo Rd.; and, WHEREAS, the proposed project is located within the Suburban Estates land use designation of the City of Atascadero's General Plan Land Use Diagram; and, WHEREAS, the proposed project is located in the Residential Suburban zoning district; and, WHEREAS; the Planning Commission reviewed the proposed Tree Removal application on April 1, 2003, at 7:00 p.m. in the Rotunda Room of City Hall located at 6500 Palma 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: 1. The tree is dead, diseased or injured beyond reclamation, as certified by a tree condition report from an Arborist; 2. 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: a. Early consultation with the City; b. Consideration of practical design alternatives; c. Provision of cost comparisons (from applicant) for practical design alternatives; 1/28/2003 TRP 2003-0031 4605 Obispo.PC-SR.doc ITEM NUMBER: 2 DATE: 04/01/03 d. If saving tree eliminates all reasonable uses of the property; or e. If saving the tree requires the removal of more desirable trees. 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: CITY OF ATASCADERO, CA Roberta Fonzi Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary 1/28/2003 TRP 2003-0031 4605 Obispo.PC-SR.doc ITEM NUMBER: 2 DATE: 04/01/03 Exhibit B: Tree Mitigation Table Tree Removal - TRP 2003-0031 Tree Mitigation Table 1 Evergreen Native Trees (inches) Deciduous Native Trees (inches) Mitigation Requirement Tree Fund Payment: $ 316.67 Tree Fund Payment: $ 33.33 Totals 40 -inches $ 350.00 1/28/2003 TRP 2003-0031 4605 Obispo.PC-SR.doc dbh notes dbh notes 1 38 -inches Live Oak 1 2 -inches Blue Oak 2 2 3 3 4 4 5 5 6 6 Total 38 -inches Total 2 -inches Mitigation Requirement Tree Fund Payment: $ 316.67 Tree Fund Payment: $ 33.33 Totals 40 -inches $ 350.00 1/28/2003 TRP 2003-0031 4605 Obispo.PC-SR.doc Tree Preservation Report Beauwest, Inc. Obispo Road Residence Atascadero January 31, 2003 By Carolyn Leach Registered Consulting Arborist #368 444 Blume Street, Nipomo, CA, 93444 (805)929-9020 1/3/03 Car yn Leach Date ITEM NUMBER DATE: 04101103 Exhibit Q Tree Protection Plan Tree Removal - TRP 2003-0031 kEC'F MAR 1 31003 oDU NITy pEV' cc OPMENT FEcr-- FEB 1 2 1003 COMMUNITY DEVELOPMENT 1/28/2003 TRP 2003-0031 4605 Obispo.PC-SR.doc ITEM NUMBER DATE: 04/01/03 Beamest, Inc. Obispo Street Project Tree Report Jan. 31, 2003 By C. Leach 2 1. Introduction: The project consists of construction of a residence, located near the top of the parcel, and associated driveway, utilities, and septic system. Improvements are proposed within the northern 2000 feet of the parcel, with the remaining portions undisturbed. Currently the property is undeveloped. The habitat present is mixed oak woodland. This report has been generated to assist the owners in understanding the impact that the construction will have on the site trees. Preliminary project plans have previously been evaluated, and adjustments made to accommodate building codes, and, where feasible, lower impacts to the trees. This report now deals with the impacts remaining on the grading plan, dated Jan. 30, 2003, by Cannon Associates. 2. Tree Information: I visited the site on Jan. 10, 2003, and looked at the trees within the impact zone, according to the grading plan dated 11/12/02. Information on each tree was collected regarding the health & vigor, location, size, and relative position in relation to the improvements. The property lines were found along the north and east side of the lot, and surveyors had recently established stakes along the centerline of the driveway. At the building pad itself. a survey stake marked the center of the 36 -foot building envelope. The grading plan used as reference during my site inspection had most of the trees' trunks located by the surveyors. The outside canopy edges were also indicated. These canopy edges were spot-checked and corrections have been made on the current plan. As I worked through the site, I located nine additional trees not on the plan, which have since been added. The results of my field inspection are summarized on the Tree Data Sheet found on the Tree Protection Plan, drawn by Cannon Associates. In general, the trees were of average age, health and vigor. The stand of trees is a mixture of coastal live oak (Quercus agrifolia) and blue oak (Quercus dumosa). A few other large native shrubs were present, but they were simply checked that they were not oaks, and then not included. One dead, fallen oak was noted along with two standing dead oaks. One tree was noted to have extensive internal decay. 1/28/2003 TRP 2003-0031 4605 Obispo.PC-SR.doc ITEM NUMBER DATE: 04/01/03 Beauwest, Inc. Obispo Street Project Tree Report Jan. 31, 2003 By C. Leach 3 3. Project Impacts: This report attempts to anticipate all construction impacts to the site trees, and projects whether the trees will be able to withstand those impacts and thrive. Impacts can occur to the soil, roots, trunk, branches, and canopy. In order for trees to grow and thrive, they need all of their parts in good working order so that the whole system can function. They also need for their surrounding soil, air, and climate to be within the ranges they can tolerate. Root impacts increase the closer to the trunk that the construction work occurs. Younger, healthier trees are more able to tolerate significant impacts than older, less vigorous trees. It is widely accepted that healthy trees are able to tolerate the loss of about 25% of their canopy and 30% loss of their root system. To calculate the amount of root impact, assumptions have been made regarding the locations of the roots. based on past studies and my own field experience. For drought tolerant native trees, I expect many small roots to be found beyond the canopy edge, 1 /� times the canopy diameter. The larger supporting roots are found, for mature trees, within the first eight feet out from the trunk. For trees on slopes, more roots are expected uphill of the tree than downhill. The impacts are more easily tolerated when they are limited to one side of the tree. This is the condition at this site for all trees except #11. Grading for the driveway and residence at this project will impact the trees more than any other work, in my opinion. Root injury will occur at cut slopes, at the base of the driveway near trees #1 and 2, and at the rear of the home, at trees #14, 15, 16, and 21. Fill slopes are found on the remaining parts of the driveway, parking area, and front of the home. Fill soils are usually built upon exiting soils that have been cleared and grubbed of all organic material (including woody roots), the base soil is compacted and then the fill soil is compacted as it is built up. This results in poor growing conditions for roots beneath the fill. For this project, the driveway was located to avoid as many trees as possible. Fill soil was held away from trees #10 and 11 with retaining walls. All walls are to be made of interlocking block (i.e. Alan Block) to eliminate the need for deep footings. Permeable paving is planned for the lower portion of the driveway, at trees #2 and 5. This mitigation will slightly increase aeration to the soil beneath the driveway. The grade change here averages less than two feet of fill, so the use of this paving is helpful. However, since compaction below paving is 90%, tree roots are not expected to thrive in the fill. At the upper portion of the driveway, at tree #10, permeable paving is not considered helpful, since the fill is nearly six feet deep. I have calculated that portion of the roots as 1/28/2003 TRP 2003-0031 4605 Obispo.PC-SR.doc ITEM NUMBER DATE: 04/01/03 Beauwest, Inc. Obispo Street Project Tree Report Jan.31.2003 By C. Leach 4 lost. The retaining wall at tree #10 was pushed closer to the tree due to engineering restraints of the wall supports and barricade supports. Now the wall has the potential of affecting larger structural roots. Special handwork for the wall footing is now required, with the caveat that any large roots over 3 inches in diameter be preserved. An additional retainer wall is planned behind the home, at the cut slope, to retain existing soil near trees 15, 16 and 20. Care needs to be taken while excavating for this wall to reduce or eliminate over -excavation in the back cut. See special requirements for that area in Section 4. Utility trenching will also affect tree roots if the trenches are located too close to the trees. To avoid excessive root loss, all utilities should be clustered in trenches as close to each other as possible, or within the same trench. The preferred location for utilities is along or under the driveway, within the new fill soil. Protective fencing is planned between all construction activities and native trees, Protective fence locations are marked on the grading plan. They will be field checked by the owner and myself weekly during grading, and monthly thereafter. Installation of the septic system is planned for an open area between the home and trees #26 and 9. The location of tree #26 (a 2" blue oak) is so close to the edge of the septic field, that the tree will be removed during that digging work. Impacts to other nearby trees will be kept low by the protected fences. Long-term impact of the leach field, however, is not known. New soil moisture will be present, that will drain downhill to trees #5, 6, 7, 8, and 9. Landscaping for this project should be limited to drought tolerant plantings only. No new irrigation should occur within the dripline of existing trees. No lawns or other water - thirsty plantings shall be allowed. Two trees are proposed for removal, #4 and 26. Tree #26 was discussed above. Tree #4 is a coastal live oak, with double trunks measuring 14 and 24 inches in diameter. The 14 -inch portion is dead and the remainder of the tree has severe decay. The branch ends have already fallen off due to the decay, and hollow areas are apparent within the broken ends. This tree is near the end of its life and should be removed. Tree #20 is a 4" blue oak that is dead. It is well away from the construction, and too small to pose a hazard. It could be removed or left to remain. The need to prune away branches for construction clearances is expected to be very minimal on all trees except tree #5. The blue oak has two trunks (12", 13"), of which the smaller one grows over the driveway. Many of its branches hang low, and will need removing. It is possible that the entire 12" stem will need removal, which would lead to 40% of the total tree canopy being lost. Pruning of this tree needs to be carefully executed to minimize the loss. 1/28/2003 TRP 2003-0031 4605 Obispo.PC-SR.doc ITEM NUMBER DATE: 04/01/03 Beauwest, Inc. Obispo Street Project Tree Report Jan. 31, 2003 By C. leach 5 I have anticipated the amount of canopy or root loss for each tree, and indicate that on Table 1. This estimation of impact is based on the workers on the site complying with all of the protection requirements listed in the following section. Trees #5, 11, and 13 are at the upper limits of tolerance for root or canopy loss, while tree #10 exceeds the threshold slightly. If extra care is taken to comply with the restrictions, given that all four trees are currently in good health, there is a high likelihood that they will tolerate the impacts. A final determination of the impacts can be made by the arborjst at the end of construction, to verify compliance. 1/28/2003 TRP 2003-0031 4605 Obispo.PC-SR.doc ITEM NUMBER DATE: 04/01/03 Beauwest, Inc. Obispo Street Project Tree Report Jan. 31, 2003 By C Leach 6 4. Protection Requirements: All workers, prior to beginning work, must consider the limited space available at this site. Under no circumstance shall lack of space be used as reason to remove protective fencinq. • Project manager should be responsible for instructing workers about tree protection goals, implementing protection of roots zones in grades areas, and installing and maintaining protective fencing. • Protective fencing is required, in the locations shown on the grading plan by Cannon Associates. dated Jan 30, 2003. • The fences shall be five-foot tall orange plastic, with steel t -posts posts sunk into the ground, eight feet apart. The fencing shall be installed prior to any site disturbance or construction, and shall remain in place until all construction is complete • No grading, trenching, materials storage, soil storage, debris, or site disturbance shall occur within the protected area. No concrete, plaster, or paint washout shall be allowed within the tree protection zone. Weather proof signs shall be permanently posted, on the fences every 100 feet, with the following information: i Tree protection zone No personnel, equipment, materials, and vehicles are allowed Do not move or remove this fence • Any field conditions or changes, which adversely affect the site trees, shall be reviewed by the Arborist prior to performing the work. Additional mitigation may be needed • Tree pruning should be done by a qualified ISA certified arborist or ISA tree worker. A N.S I. A-300 and Z-133 standards for tree care shall be used at all times. • All utilities shall be routed in areas outside the protection areas. • If living roots two inches in diameter or more are encountered during trenching, they shall be cleanly cut by the contractor, with a sharp handsaw, to remove the frayed end. Do not paint the cut ends of roots. Keep the roots moist by covering the excavation edge with plastic sheeting (or burlap, wetted daily). Backfill the excavation as soon as possible. • Abandon all unused existing underground lines where legally allowed, rather that digging them out. • Excavation for the retainer wall at the rear of the residence shall be done using special procedures and equipment. to avoid tearing of roots Use a concrete saw, root saw, or other sharp cutting tool to slice through the soil and roots cleanly, at the line of excavation, prior to removing soil. The soil may then be removed, using heavy equipment, but only to within two inches of the cut depth. If additional passes of the cutting tool arerequired to achieve the seven -foot depth of the wall, repeat the process again and again, before removing deeper soil layers. • Tree #13 will need a small redwood retaining wall to protect it Location of this wall will be marked in the field by the arborist following survey staking of the driveway. and prior to grading for the driveway. • Handwork only shall be used for wall footing excavation within canopy edge of tree #10. Any roots over 3 inches diameter shall be preserved. Consult engineer regarding spanning footing over the roots. 1/28/2003 TRP 2003-0031 4605 Obispo.PC-SR.doc ITEM NUMBER DATE: 04/01/03 Beauwest, Inc. Obispo Street Project Tree Report Jan. 31.2 003 By " each 7 5. Limiting Conditions Information in this report covers only the trees examined and reflects the conditions of the trees at the time of inspection. There is no warranty, either express or implied, that the subject trees will not develop problems or deficiencies in the future. Sources of information used in this report are accepted as standard resources, however, the author cannot guarantee the accuracy of information provided by others. Possession of this report or a copy thereof does not imply the right of publication or use for any purpose by an other than the person to whom it is addressed, without the prior written consent of the consultant. Loss or alteration of this report invalidates the entire report. The inspection is limited to visual examination of tree location, as viewed from the ground, without dissection, excavation, probing or coring. No review of tree structural conditions or hazard potential has been provided. 1/28/2003 TRP 2003-0031 4605 Obispo.PC-SR.doc ITEM NUMBER DATE: 04/01/03 Beauwest, Inc. Obispo Street Project Tree Report Jan. 31, 2003 By C. Leach 8 TABLE 1: Project Impacts to Trees Tree # 1 2 3 4 5 6 7 DBH 19' 14' 19' 24'/14' 12'/13' 16' 20• Specie Que agr Que dOu Que dou Que agr Que dou Que dou Que dou Root Loss 15% 25% None Remove tree 30% 10% None Canopy Loss None 10% None 40% None None 8 11' Que dou None None 9 15" Que dou 10% None 10 21" Que dou 40% None 11 23' Que dou 30% Less than 10% 12 25" Que dou None None 13 6/4" Que agr 30% 30%with wall 14 36' Que agr 10% 10% 15 11' Que dou 25% 150/0 16 12' Que dou 20% Norte 17 6' Que dou None None 18 12/8/15/15/12/12 Que agr None None 19 3' Que dou None None 20 4' Que dou Dead tree 21 11' Que dou 25% 25% 22 6/6' Que dou None None 23 30" Que agr None None 24 3' Que dou 10% None 25 10" Que dou 10% None 26 2• Que dou Remove tree Key: Que agr = Quercus agrifolia, Coastal live oak Que dou = Quercus douglasii, Blue oak 1/28/2003 TRP 2003-0031 4605 Obispo.PC-SR.doc ITEM NUMBER: 3 DATE: 04/01/03 Community Development Staff Report Tree Removal Permit TRP 2003-0032 (7128 Valle Ave: Mesman) SUBJECT: Request to remove one (1) native oak tree over 24 -inches in diameter, from a vacant lot located at 7128 Valle Ave. RECOMMENDATION: Staff recommends: The Planning Commission adopt Resolution PC 2003-0042 to approve the request to remove one native oak tree subject to the guidelines and mitigation required by the Atascadero Native Tree Ordinance. SITUATION AND FACTS: 1. Applicant: Rolf Mesman, 675 Santa Rita Rd, Atascadero, CA 93422 2. Representative: Rolf Mesman, 675 Santa Rita Rd, Atascadero, CA 93422 3. Certified Arborist: Chuck Scovell; Scovell Tree Surgery, 3850 Maricopa Rd, Atascadero, CA 93422. 3. Project Address: 7128 Valle Ave., Atascadero, CA 93422; APN 029-371-032 1/28/2003 TRP 2003-0032 7128 Valle.PC-SR.doc ITEM NUMBER: 3 DATE: 04/01/03 ANALYSIS: The applicant is proposing to remove one 24" Live Oak Tree from a vacant site in the Residential Single Family—Y zone. The applicant has future plans to develop the site with a single family residence; however, the applicant has requested the removal at this time due to the hazardous condition of the trees as determined by a certified arborist. The subject tree is located along the eastern property line and is directly adjacent to a neighboring residence. The arborist determined that the tree poses a significant hazard to property and persons both on and off-site. The subject tree is shown below. The City of Atascadero's Tree Ordinance requires that mitigation for native tree removals be implemented as a condition of approval. The arborist's report findings conclude that the native live oak tree to be removed is in poor condition and, due to its location in relation to the existing neighboring residence and potential future site development, is a hazard and could potentially cause damage to persons and property. Staff is recommending that removal of the tree be mitigated by the replacement planting of 2 fifteen -gallon native oak trees of the same species. The proposed mitigation is shown in the following table. 1/28/2003 TRP 2003-0032 7128 Valle.PC-SR.doc Evergreen Native Trees (inches) dbh notes 1 24 -inches LO 2 3 4 5 6 7 8 13 14 15 Total 24 -inches Mitigation Requirement req'd tree replacements: 4 five gal trees ITEM NUMBER: 3 DATE Deciduous Native Trees (inches) dbh notes 1 2 3 4 5 6 7 8 13 14 15 Total 0 -inches req'd tree replacements: 0 five gal trees Proposed Replanting 0 five gal trees Proposed Replanting 0 five gal trees 2 fifteen gal trees 0 fifteen gal trees 0 box trees (24") 0 box trees (24") Remaining Mitigation Tree Fund Payment: FINDINGS: 0 five gal trees Remaining Mitigation 0 five gal trees $ Tree Fund Payment: $ $ Totals 24 -inches 0 five gal trees 2 fifteen gal trees 0 box trees (24") 0 five gal trees 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, at least one of the below stated following findings must be made. Staff has identified finding #1 as appropriate for the application request. 1) The tree is dead, diseased or injured beyond reclamation, as certified by a tree condition report from an Arborist; 2) The tree is crowded by other healthier native trees, thinning (removal) would promote healthier growth in the trees to remain, as certified by a tree condition report from an Arborist; 3) The tree is interfering with existing utilities and/or structures, as certified by a report from the Site Planner; 4) The tree is inhibiting sunlight needed for existing and/or proposed active or passive solar heating or cooling, as certified by a report from the Site Planner; S) 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: 1/28/2003 TRP 2003-0032 7128 Valle.PC-SR.doc ITEM NUMBER: 3 DATE: 04/01/03 ❑ Early consultation with the City; ❑ Consideration of practical design alternatives; ❑ Provision of cost comparisons (from applicant) for practical design alternatives; ❑ If saving tree eliminates all reasonable uses of the property; or ❑ If saving the tree requires the removal of more desirable trees. CONCLUSION: The applicant has submitted a tree condition statement as prepared by a Certified Arborist. The tree has been determined to be in poor condition and, due to its proximity to adjacent development, has been determined to be hazardous. This finding has been certified by the Community Development Department, and therefore meets the required findings for removal. PREPARED BY: Kelly Davis, Assistant Planner GIIWI/:TO.IUIoleo PIT Attachment 1: Location Map Exhibit A: Draft Resolution PC 2003-0042 Exhibit B: Tree Mitigation Table Exhibit C: Arborist Memo 1/28/2003 TRP 2003-0032 7128 Valle.PC-SR.doc ITEM NUMBER: DATE: 04/01/03 Attachment 7 Location Map 7128 Valle Ave. 1/28/2003 TRP 2003-0032 7128 Valle.PC-SR.doc ITEM NUMBER: 3 DATE: 04/01/03 Exhibit A: Draft Resolution PC 2003-0042 Tree Removal - TRP 2003-0032 DRAFT RESOLUTION PC 2003-0042 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 7128 VALLE AVE. (TRP 2003-0032/MESMAN) WHEREAS, an application for a Tree Removal Permit has been received from, Rolf Mesman, 675 Santa Rita Rd., Atascadero, CA 93422, to allow the removal of one native oak tree located at 7128 Valle Ave.; and, WHEREAS, the proposed project is located within the Single Family residential -Y 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 -Y (RSF- Y) zoning district; and, WHEREAS; the Planning Commission reviewed the proposed Tree Removal application on April 1, 2003, at 7:00 p.m. in the Rotunda Room of City Hall located at 6500 Palma 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: 1. The tree is dead, diseased or injured beyond reclamation, as certified by a tree condition report from an Arborist; 1/28/2003 TRP 2003-0032 7128 Valle.PC-SR.doc ITEM NUMBER: 3 DATE: 04/01/03 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: CITY OF ATASCADERO, CA Roberta Fonzi Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary 1/28/2003 TRP 2003-0032 7128 Valle.PC-SR.doc Tree Mitigation Table 1 Evergreen Native Trees (inches) ITEM NUMBER: 3 DATE: 04/01/03 Exhibit B: Tree Mitigation Table Tree Removal - TRP 2003-0032 Deciduous Native Trees (inches) dbh notes dbh 1 24 -inches LO 1 2 2 3 3 4 4 5 5 6 6 7 7 8 8 13 13 14 14 15 15 Total 24 -inches Total 0 -inches Mitigation Requirement req'd tree replacements: 4 five gal trees req'd tree replacements: Proposed Replanting 0 five gal trees Proposed Replanting 2 fifteen gal trees 0 box trees (24") Remaining Mitigation 0 five gal trees Remaining Mitigation Tree Fund Payment: $ Tree Fund Payment: $ 1/28/2003 notes 0 five gal trees Totals 24 -inches 0 five gal trees 0 five gal trees 0 fifteen gal trees 2 fifteen gal trees 0 box trees (24") 0 box trees (24") 0 five gal trees 0 five gal trees TRP 2003-0032 7128 Valle.PC-SR.doc ITEM NUMBER: DATE: 04/01/03 Exhibit C: Arborist Memo Tree Removal - TRP 2003-0032 SCOVELL TREE SURGERY Cert. Arborlst #346 State Uc. #410736 Emp. ID 077-0002650 3850 Maricopa Road ATASCADERO, CALIF. 93422 (805) 466-0252 D ATG OF ORDER NAME , cl PHONr RE DA7E PROMISED JOB NAME / LOCATION R / eA BV DED(;AWTION OF WORK ❑ DAY WORK CONTRACT EXTRA •'T r � ;q..:�;F.�ff.�;'xr�� I fix; _ •'�'w ..pAisr� /,�i .�f�...aL4r�_e�J „!•CLT --•----....-'.^----- rer ov .... .. I .._..__Y�....-- I i LABOR HOURS RATE AMOUNT TOTAL MATERWLS i TOTAL LABOR I WORK ORDEREP 6Y TOTAL TAX LABOR 609 9GDl�JOfl6C OATS `O"" 0 `Thank `You TOTAL 15107 'HIIWS 'd 5' 'S 1569-LZZ-908 Z5:£Z E00Z 1/28/2003 TRP 2003-0032 7128 Valle.PC-SR.doc ITEM NUMBER: 1 DRAFT DATE: 4/01/03 CITY OFATASCADERO PLANNING COMMISSION MINUTES Regular Meeting March 18, 2003 — 7:00 P.M. CALL TO ORDER Chairperson Fonzi called the meeting to order at 7:01 p.m. and Commissioner Bentz led the Pledge of Allegiance. unf l CATs. Present: Commissioners Bentz, Beraud, Jones, O'Keefe, Porter, Kelley and Chairperson Fonzi Absent: None Staff: Community Development Director Warren Frace, City Engineer Steve Kahn, Assistant Planner Kelly Davis, and Recording Secretary Grace Pucci. PUBLIC COMMENT Mike Tumquist asked if he would be able to address the Commission regarding a four -unit apartment to be developed on Parriza Court. Chairperson Fonzi informed Mr. Tomquist that this item has been heard and approved by the Planning Commission. Commissioner O'Keefe stated that she has appealed the Planning Commission's approval of this project. Community Development Director Warren Frace indicated that as the project has been appealed it would go before the City Council. Mike Turnquist, 7256 Parriza Court, stated his opposition to the four -unit apartment to be built on Lot No. 10 in his neighborhood. Mr. Tumquist indicated that he had letters from neighbors as well as a petition against the project and asked that the decision to approve be reconsidered. He further stated that the neighbors had not been notified about the project, nor was there anything in the C.C.& R's referring to it. Commissioner O'Keefe expressed her concern that proper notification was not given to the neighbors in the immediate vicinity of the project and for this reason had appealed the Commission's decision. Eric Greening, 7365 Valle, stated his surprise that this would be out of the Commission's hands since the neighborhood was not properly noticed. He asked what the procedure would be in this case. Community Development Director Warren Frace stated that staff would investigate to determine what had happened with the notification. Code requires that property owners at the last tax assessment roles be notified, and he suspects that because these are new parcels which have only recently sold, the assessor list used by his department for notification did not include these newer parcels. Additionally, on conditional use permits the City is not required by code to actually post the site for notification. Mr. Frace stated that he would inform the City Council of what the issue is and insure that all neighbors are properly noticed for any future hearings or appeals. Chairperson Fonzi requested that this be sent on to the City Attorney for his review. Chairperson Fonzi closed the Public Comment period. CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON MARCH 4, 2003. MOTION: By Commissioner Bentz and seconded by Vice Chairperson Kelley to approve the Consent Calendar. AYES: Commissioners Bentz, Jones, Beraud, Porter, O'Keefe, Kelley and Chairperson Fonzi NOES: None ABSTAIN: None Motion passed 7.0 by a roll -call vote. COMMUNITY DEVELOPMENT STAFF REPORTS None PUBLIC HEARINGS 2. Conditional Use Permit 2002-0080: Ataseadero Avenue / Morro Road Mixed Use Applicant: Kelly Gearhart, 6205 Alcantara Avenue, Atascadero, CA 93422 Project Title: Conditional Use Permit 2002-0080 Project Southeast corner of Morro Road and Atascadero Avenue, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 031-052-024 Project The project consists of a mixed use commercial office and multi -family residential Description: development on single parcels totaling 1.4 acres. The commercial office buildings will have a total of 7100 square feet with a 24 space parking lot. The residential portion will consist of seven semi -attached multi -family dwellings with 21 parking spaces. A single shared driveway will provide access to Morro Road (SR 41) and two Atascadero Avenue Road. The site will have coordinated architecture and 20,000 sf of landscaping. The existing site is a vacant pasture will minimal slope and limited vegetation. General Plan: General Commercial, Zoning District Commercial Professional / PD -3. Proposed PROPOSED NEGATIVE DECLARATION 2003-0009: Environmental Based on the findings of the initial study, the Community Development Department Determination recommends that the Planning Commission find that no significant harm would come to the environment from approval of this project. The proposed Negative Declaration is available for public review at 6500 Palma Avenue, Community Development Department, Room 104, from 8:00 a.m. to 5:00 p.m., Monday through Friday. Staff Adoption of Planning Commission Resolution 2003-0040 approving Conditional Recommends Use Permit 2002-0080, allowing a mixed use office and multi -family residential project at 7005 Morro Road subject to findings and conditions. Community Development Director Warren Frace provided the staff report and answered questions of the Commission. PUBLIC COMMENT Kelly Gearhart, 6205 Alcantara Avenue, applicant, answered questions of the Commission. Mr. Gearhart indicated that he was in agreement with the additional conditions contained within the staff report. Eric Greening stated that there was a lot to like about this project. He questioned the drainage issues for this parcel given its size, its flatness and the type of vegetation currently growing on the site. Mr. Greening also questioned Condition of Approval No. 45. Chairperson Fond closed the Public Comment period. There was Commission discussion regarding several issues including: the Sycamore tree and the danger it's roots have created to pedestrians or bicyclists, appropriate uses for the commercial space and noise impacts. MOTION: By Commissioner Bentz and seconded by Commissioner Jones to adopt Planning Commission Resolution 2003-0040 approving Conditional Use Permit 2002- 0080, allowing a mixed use office and multi -family residential project at 7005 Morro Road subject to findings and conditions and incorporating a finding that would allow the City Engineer to work with an arborist to make the determination of whether the trees properly trimmed would continue to create a hazard for traffic and in the future to order the removal of the trees if necessary with the developer responsible for their removal, and in addition to include the roof detail in the design standards, and to have staff work with the applicant on variations in the family units as to color and design. AYES: Commissioners Bentz, Jones, O'Keefe, Porter, Kelley and Chairperson Fonzi NOES: Commissioner Beraud ABSTAIN: None Motion passed 6:1 by a roll -call vote. Chairperson Fonzi announced that the applicant had decided to continue Item #3 to a date uncertain. 3. Conditional Use Permit 2002-0079: Morro Road Mixed Use Applicant: Kelly Gearhart, 6205 Alcantara Avenue, Atascadero, CA 93422 Project Title: Conditional Use Permit 2002-0079 Project Southeast of the corner of Morro Road and Atascadero Avenue, Atascadero, CA Location: 93422 (San Luis Obispo County) APN 031-036, 037 Project The project consists of a mixed use commercial office and multi -family residential Description: development on two separate parcels totaling 1.1 acres. The commercial office buildings will have a total of 5400 square feet with a 14 space parking lot. The residential portion will consist of eight semi -attached multi -family dwellings with 16 parking spaces. A single shared driveway will provide access to Morro Road (SR 41). The site will have coordinated architecture and 14,000 sf of landscaping. The existing site is a vacant pasture will minimal slope and limited vegetation. General Plan: General Commercial, Zoning District Commercial Professional / PD - 3. Proposed PROPOSED NEGATIVE DECLARATION 2003-0009: Environmental Based on the findings of the initial study, the Community Development Department Determination recommends that the Planning Commission find that no significant harm would come to the environment from approval of this project. The proposed Negative Declaration is available for public review at 6500 Palma Avenue, Community Development Department, Room 104, from 8:00 a.m. to 5:00 p.m., Monday through Friday Staff Adoption of Planning Commission Resolution 2003-0039 approving Conditional Recommends Use Permit 2002-0079, allowing a mixed use office and multi -family residential project at 7225 Morro Road subject to findings and conditions. COMMISSIONER COMMENTS & REPORTS Commissioner O'Keefe asked staff to comment on the change to 15 years on the deed restriction time for the Russell property. Director Frace explained the Council's action and stated that it was staff's intention to get an inclusionary ordinance before the Commission as soon as possible. Commissioner O'Keefe inquired at what point the affordable housing component on a project is brought about. Mr. Frace addressed the Hidden Oaks project and the density bonus/affordable component included. Commissioner O'Keefe referred to the PD -7 on Santa Ysabel and questioned why Lot No. 8, though conditioned to require pavers, did not have pavers installed. She asked what assurance the Commission had that an added condition would be acted upon. Mr. Frace stated that he would look into this and see what had happened. Commissioner Beraud referred to the mixed-use project and her idea of compatibility and felt that there should be some way to address the issue of respectful conduct for businesses to follow to make it a desirable place for residential use as well. Commissioner Bentz suggested that the Commission look at the City's native tree ordinance and asked staff to agendize this for the next meeting. Commissioner Kelley urged that a qualified arborist be in attendance if this item was agendized. MOTION: By Commissioner Bentz and seconded by Commissioner Jones to agendize a discussion of the Native Tree Ordinance to then make it clear to staff what it is the Commission would like them to look into and then come back for a recommendation from the Commission to City Council for modification of the ordinance or for changing the existing ordinance to meet some of the requirements that the Commission has discussed. This item is to be placed at the end of the agenda. AYES: Commissioners Bentz, Jones, Porter, Beraud, O'Keefe, Kelley and Chairperson Fonzi. NOES: None ABSTAIN: None Motion passed 7.0 by a roll -call vote. Chairperson Fonzi informed the Commission that after the last meeting she wrote a letter to the City Council asking them for guidance on the issue of in -lieu fees for affordable housing. ADJOURNMENT Chairperson Fonzi adjourned the meeting at 8:17 p.m. to the next regularly scheduled meeting on April 1, 2003. MEETING RECORDED AND MINUTES PREPARED BY: Grace Pucci, Recording Secretary \\Cityhall\CDvipmnt\- PC Minutes\PC Minutes 03\PC Minutes 03.18.03.gp.doc