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Home My WebLink AboutPC_2014-07-15_AgendaPacket WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website CITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting Tuesday, July 15, 2014 – 7:00 P.M. Historic City Hall Council Chambers 6500 Palma Avenue, 4th Floor (Enter on Lewis Ave./Jr. High School Side) Atascadero, California 93422 CALL TO ORDER Pledge of Allegiance Roll Call: Chairperson Dennis Schmidt Vice Chairperson Mark Dariz Commissioner David Bentz Commissioner Duane Anderson Commissioner Len Colamarino Commissioner Christian Cooper Commissioner Jan Wolff APPROVAL OF AGENDA PUBLIC COMMENT (This portion of the meeting is reserved for persons wishing to address the Commission on any matter not on this agenda and over which the Commission has jurisdiction. Speakers are limited to three minutes. Please state your name for the record before making your presentation. The Commission may take action to direct the staff to place a matter of business on a future agenda.) PLANNING COMMISSION BUSINESS City of Atascadero Planning Commission Agenda Regular Meeting, July 15, 2014 Page 2 of 4 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website 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.) COMMUNITY DEVELOPMENT STAFF REPORTS 1. PLN 2014-1512 / TREE REMOVAL PERMIT FOR REGIO PLACE PUBLIC HEARING None COMMISSIONER COMMENTS AND REPORTS DIRECTOR’S REPORT Property Owner: Oak Grove HOA, PO Box 1227, San Luis Obispo CA 93406 Project Title: PLN 2014-1512 / TRP 2014-0174 Certified Arborist: Steven Alvarez, A&T Arborists, PO Box 1311, Templeton, CA 93465 Project Location: Regio Place right-of-way, Atascadero, CA 93422 (San Luis Obispo County) Project Description: A request to remove one (1) 51-inch DBH Coast Live Oak, located in the center planter in the Regio Place right-of-way. The tree is dying and in very poor condition, thereby creating a potential hazard in a residential street, as certified by the project ar borist. Replanting of new native trees is proposed as mitigation for the removal. Zoning: Single Family Residential-X (SFR-X) Planned Development #17 (PD17) General Plan Designation: Residential Single Family-X (RSF-X) Staff Recommendation: The Planning Commission adopt Resolution PC 2014-0012 to allow the removal of one (1) dead/hazardous Coast Live Oak totaling 51-inches DBH, subject to replanting mitigation and conditions of approval. City of Atascadero Planning Commission Agenda Regular Meeting, July 15, 2014 Page 3 of 4 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website ADJOURNEMENT The next regular meeting will be on August 5, 2014 at City Hall Council Chambers, 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. City of Atascadero Planning Commission Agenda Regular Meeting, July 15, 2014 Page 4 of 4 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website 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, 6500 Palma Avenue, 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 in spection during City Hall business hours at the Front Counter of City Hall, 6500 Palma Avenue, Atascadero, and on our website, www.atascadero.org. All documents submitted by the public during Commission meetings that are either read into the record or referred to in their statement will be noted in the minutes and available for review in the Community Development Department. Commission meetings are audio recorded, and may be reviewed by the public. Copies of meeting recordings are available for a fee. Contact the City Clerk for more information (470-3400). In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this Cit y, please contact the City Manager’s Office or the City Clerk’s Office, both at (805) 470-3400. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, “PUBLIC COMMENT”, the Chairperson will call for anyone from the audience having business with the Commission to approach the lectern and be recognized. 1. Give your name for the record (not required) 2. State the nature of your business. 3. All comments are limited to 3 minutes. 4. All comments should be made to the Chairperson and Commission. 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present. This is when items not on the Agenda may be brought to the Commission’s attention. A maximum of 30 minutes will be allowed for Public Comment Portion (unless changed by the Commission). TO SPEAK ON AGENDA ITEMS (from Title 2, Chapter 1 of the Atascadero Municipal Code) Members of the audience may speak on any item on the agenda. The Chairperson will identify the subject, staff will give their report, and the Commission will ask questions of staff. The Chairperson will announce when the public comment period is open and will request anyone interested to address the Co mmission regarding the matter being considered to step up to the lectern. If you wish to speak for, against or comment in any way: 1. You must approach the lectern and be recognized by the Chairperson. 2. Give your name (not required). 3. Make your statement. 4. All comments should be made to the Chairperson and Commission. 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present. 6. All comments limited to 3 minutes. If you wish to use a computer presentation to support your comments, you must notify the Community Development Department at 470-3402 at least 24 hours prior to the meeting. Digital presentations brought to the meeting on a USB drive or CD. You are required to submit to the Recording Secretary a printed copy of your presentation for the record. Please check in with the Recording Secretary before the meeting begins to announce your presence and turn in the printed copy. The Chairperson will announce when the public comment period is closed, and there after, no further public comments will be heard by the Commission. ITEM NUMBER: ITEM NUMBER: 1 DATE: 7-15-14 Atascadero Planning Commission Staff Report – Community Development Department Callie Taylor, Senior Planner, 470-3448, ctaylor@atascadero.org Sarah Wood, Planning Intern, 470-3470, swood@atascadero.org PLN 2014-1512 Tree Removal Permit 2014-0174 Regio Place (Oak Grove) SUBJECT: The proposed project includes a request to remove one (1) 51-inch DBH Coast Live Oak, located in the center planter of the Regio Place right-of-way. The tree is dying and in very poor condition, thereby creating a potential hazard in a residential street, as certified by the project arborist. RECOMMENDATION: Staff Recommends: The Planning Commission adopt Resolution PC 2014-0012 to allow the removal of one (1) dead/hazardous Coast Live Oak totaling 51-inches DBH, subject to replanting mitigation and conditions of approval. Situation and Facts: 1. Property Owner: Oak Grove Homeowner’s Association (HOA) P.O. Box 1227 San Luis Obispo, CA 93406 2. Project Address: Regio Place right-of-way Atascadero, CA 93422 4. Certified Arborist: Steven G. Alvarez, A & T Arborists P.O. Box 1311, Templeton CA 93465 3. 4. General Plan Designation: Residential Single-Family-X (RSF-X) 5. Zoning District: Single-Family Residential-X (SFR-X) Planned Development #17 overlay (PD17) ITEM NUMBER: ITEM NUMBER: 1 DATE: 7-15-14 Site Plan Regio Place Copado Way 6. Site Area: Approximately 0.19 acres (planter area) 7. Existing Use: Traffic circle planter in residential neighborhood BACKGROUND: Tract 2577, known as Oak Grove and located on Regio Place, was approved as a thirty- one (31) residential unit planned development. Construction of the public improvements and a few of the houses began in 2004, but the project stalled during the recession and sat unfinished for several years. In 2010, the remaining vacant lots were purchased and the units were completed according to the original project approvals. The development is currently complete and all units have been so ld and occupied. One of the key features of the development is the traffic circle design with center planter islands which were created to preserve the large existing oak trees on site. The first traffic circle on Regio Place, located in the center of the road closer to El Camino Real, is the largest planter and acts as a key focal point for the neighborhood, in addition to providing a traffic calming. There were originally four large native oak trees in this planter. One large tree was removed in 2011, and this 51 -inch live oak will be the second tree proposed for removal in this traffic circle. . 51” Live Oak proposed of removal ITEM NUMBER: ITEM NUMBER: 1 DATE: 7-15-14 ANALYSIS: An application has been submitted by A&T Arborists for the removal of one (1) 51” Live Oak located in the traffic circle planter area. The tree is mostly dead, with large hanging branches that could be hazardous to people or surrounding property. Staff has given the arborist and Oak Grove HOA authorization to remove the hazardous limbs immediately; however, complete removal of the tree requires Planning Commission approval due to the tree size and prominent location in the Planned Development. The tree removal permit fee has been waived due to the hazardous nature of the dying tree. Tree Mitigation The Atascadero Municipal Code requires m itigation for all trees approved for removal. The Tree Ordinance allows for either replanting of new native trees, or payment of mitigation fees to the tree fund. Given the location of the proposed remo val, staff recommends that the HOA mitigate by replanting new trees in the traffic circle. Based on the 51-inch DBH size of the tree to be removed, the required replanting would be seventeen (17) 5-gallon oak trees. The tree ordinance allows multi-family and Commercial/Roads projects to plant larger size specimens to reduce the quantity of replacements required. Instead of planting a high number of small trees, Staff is recommending an equivalent alternative of either nine (9) 15-gallon trees, or three (3) 24-inch box size trees. These options would be the cost equivalent of planting the 17 5-gallon trees that are required by the tree ordinance. One issue which has come up is that there is currently no irrigation in the traffic circle. The replacement trees will need to be watered for the first several years in order for the new native trees to become established. The HOA will need to work with the Atascadero Mutual Water Company and obtain a permit to install a water line and then irrigation to the planter. FINDINGS: In considering any tree removal request, at least one of the required findings must be made. Staff has identified the following finding as appropriate for the application request. The tree is dead, diseased or injured beyond reclamation, as certified by a tree condition report from an Arborist. ITEM NUMBER: ITEM NUMBER: 1 DATE: 7-15-14 CONCLUSIONS: A certified arborist has determined that the subject 51-inch DBH Coastal Live Oak tree is in very poor condition and creates a potential hazard for residents on Regio Place. Based on the arborist’s evaluation and above analysis, findings can be made to approve the requested removal, subject to the required mitigation. ALTERNATIVES: 1. The Commission may approve the project with additional or revised project conditions. 2. The Commission may deny the project if it is found that the required findings cannot be made. The Commission’s motion to deny must include a finding basis for denial. 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 (Zoning) Attachment 2 – Aerial Photo Attachment 3 – Site Photos Attachment 4 – Draft Resolution PC 2014-0012 Bond payment for tree #31, impacted 45% : ITEM NUMBER: ITEM NUMBER: 1 DATE: 7-15-14 ATTACHMENT 1: Location Map (Zoning Map) PLN 2014-1512/TRP 2014-0174 Location of 51” Live Oak proposed of removal RSF-X RS ITEM NUMBER: ITEM NUMBER: 1 DATE: 7-15-14 ATTACHMENT 2: Aerial Photo PLN 2014-1512/TRP 2014-0714 Location of 51” Live Oak proposed of removal ITEM NUMBER: ITEM NUMBER: 1 DATE: 7-15-14 ATTACHMENT 3: Site Photos PLN 2014-1512/TRP 2014-0714 Subject tree at the head of the traffic circle. One branch has already been removed. ITEM NUMBER: ITEM NUMBER: 1 DATE: 7-15-14 ATTACHMENT 3: Site Photos PLN 2014-1512/TRP 2014-0174 View of decayed branches. View of decaying branches ITEM NUMBER: ITEM NUMBER: 1 DATE: 7-15-14 Potentially hazardous branches hanging over residential street. ITEM NUMBER: ITEM NUMBER: 1 DATE: 7-15-14 ATTACHMENT 4: Draft Resolution PC 2014-0012 PLN 2014-1512/TRP 2014-0174 DRAFT RESOLUTION NO. PC 2014-0012 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING PLN 2014-1512 / TRP 2014-0174, TO ALLOW THE REMOVAL OF ONE (1) DEAD/HAZARDOUS COAST LIVE OAK TOTALING 51 INCHES DBH LOCATED ON REGIO PLACE (OAK GROVE PHASE I) WHEREAS, an application was received from A & T Arborists, P.O. Box 1311, Templeton, California 93465, (Applicant) and by Oak Grove Homeowner’s Association (owner), for a Tree Removal Permit to remove one (1) hazardous Coastal Live Oak totaling 51 inches DBH; and, WHEREAS, the Planning Commission reviewed the proposed Tree Removal Permit application on July 15, 2014, at 7:00 p.m. and considered testimony and reports from staff, the applicants, and the public; and, NOW THEREFORE, the Planning Commission of the City of Atascadero, California takes the following actions: SECTION 1. Findings for tree removal. The Planning Commission finds as follows:  The tree is dead, diseased or injured beyond reclamation, as certified by a tree condition report from an Arborist SECTION 2. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on July 15, 2014, resolved to approve Tree Removal Permit 2014- 0174, subject to the following: EXHIBIT A: Conditions of Approval ITEM NUMBER: ITEM NUMBER: 1 DATE: 7-15-14 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 _________________________________________ Dennis Schmidt Planning Commission Chairperson ATTEST: ___________________________________ Warren Frace Planning Commission Secretary ITEM NUMBER: ITEM NUMBER: 1 DATE: 7-15-14 EXHIBIT A: Conditions of Approval / Mitigation Monitoring PLN 2014-1512/TRP 2014-0174 Conditions of Approval PLN 2014-1512/TRP 2014-0174 Oak Grove Phase I Tree Removal Timing FM; Final Map BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney 1. The approval of this application shall become final, subject to the completion of the conditions of approval, fourteen (14) days following the Planning Commission approval unless prior to the time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. Tree removal PS 2. The applicant and/or subsequent owners shall defend, indemnify, and hold harmless the City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the City, or any of its entities, concerning the proposed development. Ongoing PS 3. The applicant shall mitigate the tree removal by replanting on site. The applicant shall replant according to one of the following options: - Seventeen (17) 5-gallon native oak trees; or, - Nine (9) 15-gallon native oak trees; or - Three (3) 24-inch box size native oak trees. At least 50% of the replantings shall be installed in the traffic circle planter where the dead tree was removed. The remaining trees can be planted in the HOA maintained landscaped area near El Camino Real, or in the second traffic circle on Copado Way. Irrigation shall be provided to the new mitigation plantings until the trees become established. Tree removal PS 4. In order to prevent the need for future removal of the remaining native trees in the traffic circles, water shall be provided to both traffic circles during drought, as recommended by arborist. Watering can be done through installed irrigation lines, or by occasional watering by hose or water truck. Ongoing PS Bond payment for tree #31, impacted 45% :