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CITY OF ATASCADERO
PLANNING COMMISSION AGENDA
Regular Meeting
Tuesday, September 2, 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, September 2, 2014
Page 2 of 4
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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 DRAFT ACTION MINUTES OF AUGUST 19, 2014
COMMUNITY DEVELOPMENT STAFF REPORTS
2. PLN 2014-1523, TREE REMOVAL PERMIT FOR 9025 COROMAR COURT
Property
Owner/Applicant:
MI West Front Village, P.O. Box 13, Pismo Beach, CA 93448
Certified Arborist: William J. Van Horbek, Bunyon Bros. Tree Service, 5345 Davenport
Creek Road, SLO, CA 93401
Project Title: PLN 2014-1523 / TRP 2014-0177 Tree Removal Permit for 9025
Coromar Court (Residential Multi-Family Zone)
Project Location: 9025 Coromar Court, Atascadero CA 93422
(San Luis Obispo County) APN 056-131-035
Project
Description:
The proposed project includes a request to remove one (1) 39.5” DBH
Coast Live Oak, located in the corner planter of Coromar Court
development. The tree is declining, thereby creating a potential hazard
in a public right-of-way and to a home within a residential multi-family
zone, as certified by both the applicant’s Arborist and the City’s
Arborist.
General Plan Designation: MDR
Zoning District: RMF-10
Staff Recommendation: Staff recommends the Planning Commission approve the removal of
one (1) 39.5-inch DBH Live Oak, subject to replanting mitigation and
conditions of approval.
City of Atascadero Planning Commission Agenda Regular Meeting, September 2, 2014
Page 3 of 4
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3. PLN 2014-1520, TREE REMOVAL PERMIT FOR 6455 EL CAMINO REAL
Property
Owner/Applicant:
Gary Englund, 6455 El Camino Real, Atascadero, CA 93422
Brian Englund, 6455 El Camino Real, Atascadero, CA 93422
Certified Arborist: Michael Bova, Davey Resource Group, 2318 20th Street, Bakersfield,
CA 93301
Project Title: PLN 2014-1520/TRP 2014-0176 Tree Removal Permit for 6455 El
Camino Real (Sylvester’s Burgers)
Project Location: 6455 El Camino Real, Atascadero CA 93422
(San Luis Obispo County) APN 029-344-033
Project
Description:
A request to remove one (1) 64-inch DBH Live Oak tree located near
the corner of West Mall and El Camino Real in the downtown. The tree
was evaluated by the City’s consulting arborist and was given a risk
rating of High to Severe Risk based on previous large limb failure and
high target value.
The property owner has submitted a tree removal application to remove
the hazardous tree located on the property frontage. The removal
would be subject to mitigation, which is proposed as replanting in the
same location with one new 24-inch box size tree.
General Plan Designation: Downtown (D)
Zoning District: Downtown Commercial (DC)
Staff Recommendation: Staff recommends that the Planning Commission approve the removal
of one (1) 64-inch Live Oak tree, subject to conditions of approval,
including replanting one (1) new Live Oak tree on the property
frontage.
PUBLIC HEARINGS (None)
COMMISSIONER COMMENTS AND REPORTS
DIRECTOR’S REPORT
ADJOURNMENT
The next regular meeting will be on September 16, 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, September 2, 2014
Page 4 of 4
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City of Atascadero
WELCOME TO THE ATASCADERO PLANNING COMMISSION MEETING
The Planning Commission meets in regular session on the first and third Tuesday of each month at 7:00 p.m. at City
Hall, Council Chambers, 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 bus iness referred to on the Agenda are on
file in the office of the Community Development Department and are available for public inspection during City Hall
business hours at the Front Counter of City Hall, 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 City, please contact the City Manager’s Office or the City Clerk’s Office,
both at (805) 470-3400. Notification at least 48 hours prior to the meeting or time when services are needed will
assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or
service.
TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA
Under Agenda item, “PUBLIC COMMENT”, the Chairperson will call for anyone from the audience having business
with the Commission to approach the lectern and be recognized.
1. Give your name for the record (not required)
2. State the nature of your business.
3. All comments are limited to 3 minutes.
4. All comments should be made to the Chairperson and 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 Commission 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 C ommunity Development
Department at 470-3402 at least 24 hours prior to the meeting. Digital presentations brought to the meeting should
be 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 thereafter, no further public
comments will be heard by the Commission.
PC Draft Action Minutes of 8/19/14
Page 1 of 3
CITY OF ATASCADERO
PLANNING COMMISSION
DRAFT ACTION MINUTES
Regular Meeting – Tuesday, August 19, 2014 – 7:00 P.M.
City Hall Council Chambers
6500 Palma Avenue, Atascadero, California
CALL TO ORDER - 7:00 p.m.
Chairperson Schmidt called the meeting to order at 7:00 p.m. and Vice Chairperson
Dariz led the Pledge of Allegiance.
ROLL CALL
Present: Commissioners Anderson, Bentz, Colamarino, Cooper, Wolff, Vice
Chairperson Dariz, and Chairperson Schmidt
Absent: Community Development Director Warren Frace
Others Present: Recording Secretary Annette Manier
Staff Present: Deputy Director of Public Works David Athey
Senior Planner Callie Taylor
Assistant Planner Alfredo Castillo
APPROVAL OF AGENDA
MOTION: By Commissioner Bentz and seconded by
Commissioner Wolff to approve the agenda.
Motion passed 7:0 by a roll-call vote.
PUBLIC COMMENT
The following member of the public spoke during public comment: Charles Scovell
Chairperson Schmidt closed the Public Comment period.
PLANNING COMMISSION BUSINESS
None
ITEM NUMBER: ITEM NUMBER: 1
DATE: 9-2-14
P1
PC Draft Action Minutes of 8/19/14
Page 2 of 3
CONSENT CALENDAR
1. APPROVAL OF ACTION MINUTES OF THE REGULAR PLANNING
COMMISSION MEETING ON AUGUST 5, 2014.
MOTION: By Commissioner Bentz and seconded by
Commissioner Anderson to approve the consent
calendar.
Motion passed 6:0 by a roll-call vote. (Cooper
abstained)
COMMUNITY DEVELOPMENT STAFF REPORTS (None)
PUBLIC HEARINGS
2. PLN 2014-1510, VARIANCE, PRECISE PLAN AND TREE REMOVAL FOR
7130 SERENA COURT
Applicant/Owner: Michael & Deborah Shuford, PO Box 414, Atascadero, CA 93423
Certified Arborist: Cory Meyer, 7345 Pinal Ave., Atascadero, CA 93422
Project Title: PLN 2014-1510 / PPN 2014-0258 / VAR 2014-0018
Project Location: 7130 Serena Court, Atascadero, CA 93422 (San Luis Obispo County) APN: 029-105-038
Project Description:
Applicant is seeking a variance to the Atascadero Municipal Code Section 9 -9-4.160,
which requires the installation of frontage roads with construction of a new single family
residential unit. The applicant is requesting relief from the requirement to cons truct the
Pinal Avenue road frontage, due the fact that Pinal Avenue is not constructed within this
area, and the project does not take access off this frontage. The road right -of-way will
be maintained for possible future access.
A Precise Plan application has been submitted for a new 1,830 square foot single-family
residence located at 7130 Serena Court. The grading plan proposes 1,650 cubic yards
of cut and 900 cubic yards of fill. 1 (one) Blue Oak and 2 (two) Valley Oaks tree are
proposed for removal, and shall be mitigated according to the Atascadero Native Tree
Ordinance. The Mitigated Negative Declaration is proposed for certification by the
Planning Commission.
General Plan Designation: Single-Family Residential (SFR-Y)
Zoning District: Residential Single-Family (RSF-Y)
Proposed
Environmental
Determination:
Based on the Initial Study prepared for the project, a Mitigated Negative Declaration is
proposed. The Mitigated Negative Declaration is available for public review from 7/17/14
through 8/5/14 at 6500 Palma Avenue, Community Development Department from 8:30
a.m. to 5:00 p.m. Monday through Thursday, and also available on our website at
www.atascadero.org/environmental docs.
Staff
Recommendation:
Design Review Committee recommends the Planning Commission approve the
proposed Zone Change, Tentative Parcel Map, and Conditional Use Permit, based on
findings and subject to Conditionals of Approval.
P2
PC Draft Action Minutes of 8/19/14
Page 3 of 3
EX PARTE COMMUNICATIONS
Chairperson Schmidt stated he is familiar with the project because he was asked
to look at the property a couple of years ago regarding potential development for
a manufactured home, and he did speak with the applicant at that time.
Commissioner Bentz visited the property, but did not speak to anyone.
Assistant Planner Castillo clarified that staff’s recommendation to the Commission
tonight would be certification of the Mitigated Negative Declaration (not noted on Page 5
of the staff report recommendation) and approval of the Variance. Assistant Planner
Castillo gave the staff report, and he and Deputy Director Athey answered questions
from the Commission.
PUBLIC COMMENT
The following people spoke during public comment: Randall Jordan (Palomar Homes)
and Irene Bishop (adjacent property owner).
Chairperson Schmidt closed the Public Comment period.
MOTION: By Commissioner Bentz and seconded by
Commissioner Colamarino to adopt PC
Resolution PC 2014-0013, approving a Variance to
exempt the requirement of frontage road
installation and certifying Mitigated Negative
Declaration 2014-005, at 7130 Serena Court, APN
029-105-038 subject to conditions of approval and
mitigation monitoring.
Motion passed 7:0 by a roll-call vote.
COMMISSIONER COMMENTS AND REPORTS
Chairperson Schmidt asked staff to look into not being able to watch City Council
meetings on CSPAN any longer, due to a contract change with Charter
Communications.
DIRECTORS REPORT
Senior Planner Taylor updated the Commission on the September 4 th Business Walk.
This is a very large outreach effort between the City and the Chamber of Commerce.
ADJOURNMENT – 7:40 p.m.
The next regular meeting of the Planning Commission is scheduled for September 2,
2014, at 7:00 p.m. at City Hall, Council Chambers, 6500 Palma Avenue, Atascadero.
MINUTES PREPARD BY:
_____________________________
Annette Manier, Recording Secretary
P3
ITEM NUMBER: ITEM NUMBER: 2
DATE: 9-2-14
Atascadero Planning Commission
Staff Report – Community Development Department
Sarah Wood, Planning Intern, 470-3470, swood@atascadero.org
Alfredo R. Castillo, AICP, Assistant Planner, 470-3436, acastillo@atascadero.org
PLN 2014-1523
Tree Removal Permit 2014-0177
9025 Coromar Court / West Front Village
SUBJECT:
The proposed project includes a request to remove one (1) 39.5” DBH Coast Live Oak,
located in the corner planter of Coromar Court development. The tree has suffered a
major limb loss and is now un-balanced, thereby creating a potential hazard in a public
right-of-way and to a home within a residential multi-family zone, as certified by both the
applicant’s Arborist (Bunyon) and City’s Arborist.
RECOMMENDATION:
Staff Recommends:
The Planning Commission adopt Resolution PC 2014-0019 to allow the removal of one
(1) dead/hazardous Coast Live Oak totaling 39.5-inches DBH, subject to replanting
mitigation and conditions of approval.
Situation and Facts:
1. Property Owner: MI West Front Village, LLC
P.O. Box 13
Pismo Beach, CA 93448
2. Project Address: 9025 Coromar Court (APN 056-131-035)
Atascadero, CA 93422
3. Certified Arborist: William J. Van Horbek
Bunyon Bros. Tree Service
5345 Davenport Creek
San Luis Obispo, CA 93401
4. General Plan Designation: MDR (Medium Density Residential)
P4
ITEM NUMBER: ITEM NUMBER: 2
DATE: 9-2-14
5. Zoning District: RMF-10 (Multi-Family Residential)
Planned Development #23 overlay (PD23)
6. Site Area: Approximately 0.07 acres (planter area) or
3,141 square feet
7. Existing Use: Corner planter along residential neighborhood
corridor
BACKGROUND:
Subject tree removal is located within Tract 2621 (West Front Village) and was
approved as a residential unit planned development in 2004 and amended in 2013.
One of the features of the development is the project entry, which preserves a large
existing oak tree on the corner of Coromar Court and Portola Road. The Oak tree
recently has become hazardous as a large 26-inch limb failed. Three limbs remain on
the tree. But the project arborist is concerned with additional failure that may cause
property damage or be of risk to residents. The applicant requested an emergency tree
removal and the City’s Arborist reviewed the tree’s condition. Emergency tree removal
has been defined in Atascadero’s Municipal Code as:
Emergency situations which cause hazardous or dangerous conditions that have
serious potential to cause immediate damage to persons or improvements on real
property. Such situations must be reported to the City within forty-eight (48) hours;
Both the applicant’s arborist and the City’s Arborist determined that the tree be removed
as soon as possible, however, an emergency removal was not warranted.
ANALYSIS:
An application has been submitted by Bunyon Bros. Tree Service for the removal of one
(1) 39-inch Live Oak. One of the tree’s branches growing at the street corner of Portola
Road and Coromar Court thought to have contained 50 percent of the live canopy has
recently failed. The remaining scaffold limb is growing towards the house located at
9025 Coromar Court. The Arborist has assessed that the remaining major scaffold limb
will now be more exposed to direct wind conditions that may increase the chances of
potential branch failure due to the unbalanced weight distribution of the tree. In addition,
the City Arborist noted that there were pockets of decay on branches of the remaining
branch, and concluded wind exposure to be a factor that may lead to the decline of the
newly exposed branch. The applicant wishes to remove the tree immediately.
P5
ITEM NUMBER: ITEM NUMBER: 2
DATE: 9-2-14
Tree Mitigation
The Atascadero Municipal Code requires mitigation 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 removal, staff
recommends that the applicant mitigate by replacing the tree in the corner planter with a
three 15-gallon Native Coast Live Oak Trees and re-landscaping of the entry feature
with native shrubs and flowers. Additional 5-gallon plantings maybe located on site or
mitigation fees are to be paid to the City.
Based on the 39-inch DBH size of the tree to be removed, the required replanting would
be 13 five-gallon native 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 a minimum of three (3) 15-gallon trees with additional six (6) five-
gallon plantings or pay the remaining portion in mitigation fees. The City Arborist
recommends the use of 15 gallon trees over larger 24-48 inch boxes due to the lower
establishment rate of a tree’s root system with the larger box trees.
Evergreen Native Trees (inches)Deciduous Native Trees (inches)Totals
dbh notes dbh notes
1 40-inches Coast Live Oak 1
2 2
3 3
4 4
5 5
6 6
Total 40-inches Total 0-inches 40-inches
Mitigation Requirement
req'd tree replacements:13 five gal trees req'd tree replacements:0 five gal trees 13 five gal trees
Proposed Replanting 7 five gal trees Proposed Replanting 0 five gal trees 7 five gal trees
0 box trees (24'')0 box trees (24'')0 box trees (24'')
Remaining Mitigation 6 five gal trees Remaining Mitigation 0 five gal trees 6 five gal trees
Tree Fund Payment:658.33$ Tree Fund Payment:-$ 658.33$
*Note: Remaining Mitigation / Tree Fund Payment assumes the planting of three (3) 15-gallon
native trees.
P6
ITEM NUMBER: ITEM NUMBER: 2
DATE: 9-2-14
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 interfering with existing utilities and/or structures, as certified by a report
from the site planner;
CONCLUSIONS:
A Certified Arborist has determined that the subject 39.5-inch DBH Coastal Live Oak
tree creates a potential hazard for residents on Coromar Court. 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% :
P7
ITEM NUMBER: ITEM NUMBER: 2
DATE: 9-2-14
ATTACHMENT 1: Location Map (Zoning Map)
PLN 2014-1523/TRP 2014-0177
Location of 39-inch Live
Oak proposed of removal
General Plan Designation: Medium Density Residential
Zoning Designation: Residential Multi-Family (RMF-10) / PD-23
P8
ITEM NUMBER: ITEM NUMBER: 2
DATE: 9-2-14
ATTACHMENT 2: Aerial Photo
PLN 2014-1523/TRP 2014-0177
Location of 39.5” Live
Oak proposed of removal
P9
ITEM NUMBER: ITEM NUMBER: 2
DATE: 9-2-14
ATTACHMENT 3: Site Photos
PLN 2014-1523/TRP 2014-0177
Looking Northeast to the subject tree.
One branch has already been removed.
P10
ITEM NUMBER: ITEM NUMBER: 2
DATE: 9-2-14
ATTACHMENT 3: Site Photos
PLN 2014-1523/TRP 2014-0177
View of decayed branches.
View of decaying branches
P11
ITEM NUMBER: ITEM NUMBER: 2
DATE: 9-2-14
Potentially hazardous branches hanging over residence.
P12
ITEM NUMBER: ITEM NUMBER: 2
DATE: 9-2-14
ATTACHMENT 4: Draft Resolution PC 2014-0019
PLN 2014-1523/TRP 2014-0177
DRAFT RESOLUTION NO. PC 2014-0019
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ATASCADERO APPROVING
PLN 2014-1523 / TRP 2014-0177, TO ALLOW THE REMOVAL OF ONE (1)
HAZARDOUS COAST LIVE OAK TOTALING 39.5 INCHES DBH
LOCATED ON COROMAR COURT
(WEST FRONT VILLAGE)
WHEREAS, an application was received from MI West Front Village (Property Owner),
P.O. Box 13, Pismo Beach, California 93448, and Bunyon Bros Tree Service, 5345 Davenport
Creek Road, San Luis Obispo, California 93401, (Applicant) and by for a Tree Removal Permit
to remove one (1) hazardous Coastal Live Oak totaling 39.5 inches DBH; and,
WHEREAS, the Planning Commission reviewed the proposed Tree Removal Permit
application on September 2, 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 interfering with existing utilities and/or structures, as certified by a report
from the site planner;
SECTION 2. Approval. The Planning Commission of the City of Atascadero, in a
regular session assembled on September 2, 2014, resolved to approve Tree Removal Permit
2014-0177, subject to the following:
EXHIBIT A: Conditions of Approval
EXHIBIT B: Tree Mitigation Fee
P13
ITEM NUMBER: ITEM NUMBER: 2
DATE: 9-2-14
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
P14
ITEM NUMBER: ITEM NUMBER: 2
DATE: 9-2-14
EXHIBIT A: Conditions of Approval / Mitigation Monitoring
PLN 2014-1523/TRP 2014-0177
Conditions of Approval
PLN 2014-1523/TRP 2014-0177
West Front Village 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:
- Thirteen 5-gallon native oak trees; or,
- A minimum of three (3) 15 gallon native Oak trees with additional
six (6) five-gallon plantings or equivalent of fees ($658.33)
15 gallon trees must be placed at corner entry.
Tree removal PS
4. Irrigation shall be provided to the new mitigation plantings until the trees
become established.
5. An addendum to the approved landscaping plan must be submitted and
approved for entry corner feature landscaping and mitigation plantings.
Additional drought tolerant shrubs must be planted alongside mitigation
plantings.
BP PS
P15
ITEM NUMBER: ITEM NUMBER: 2
DATE: 9-2-14
EXHIBIT B: Tree Mitigation Fee
PLN 2014-1523/TRP 2014-0177
Evergreen Native Trees (inches)Deciduous Native Trees (inches)Totals
dbh notes dbh notes
1 40-inches Coast Live Oak 1
2 2
3 3
4 4
5 5
6 6
Total 40-inches Total 0-inches 40-inches
Mitigation Requirement
req'd tree replacements:13 five gal trees req'd tree replacements:0 five gal trees 13 five gal trees
Proposed Replanting 7 five gal trees Proposed Replanting 0 five gal trees 7 five gal trees
0 box trees (24'')0 box trees (24'')0 box trees (24'')
Remaining Mitigation 6 five gal trees Remaining Mitigation 0 five gal trees 6 five gal trees
Tree Fund Payment:658.33$ Tree Fund Payment:-$ 658.33$
*Note: Remaining Mitigation / Tree Fund Payment assumes the planting of three (3) 15-gallon
native trees.
Bond payment for tree #31, impacted 45% :
P16
ITEM NUMBER: ITEM NUMBER: 3
DATE: 9-2-14
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 2014-1520
Hazardous Tree Removal Permit 2014-0176
6455 El Camino Real
(Sylvester’s)
SUBJECT:
An application has been submitted by the property owner to request removal of one (1)
64-inch DBH Coast Live Oak, located on the property frontage of Sylvester’s Burgers
restaurant across from the Sunken Gardens. The tree was originally planted as part of
the historic Atascadero Civic Center. The tree was evaluated by the City’s consulting
arborist and was given a risk rating of High to Severe Risk based on previous large limb
failure and high target value. Staff has conditioned the tree removal for mitigation,
including grinding out the stump of the existing tree and replanting one (1) new 24-inch
box size tree in its place, with irrigation and additional native landscape plantings to fill
the planter area.
RECOMMENDATION:
Staff Recommends:
The Planning Commission adopt Resolution PC 2014-0018 to allow the removal of one
(1) potentially hazardous 64-inch DBH Coast Live Oak at 6455 El Camino Real, subject
to conditions of approval and mitigation, including replanting on site.
Situation and Facts:
1. Applicant: Brian Englund
6455 El Camino Real Atascadero, CA 93422
2. Property Owner: Gary Englund
6455 El Camino Real Atascadero, CA 93422l
P17
ITEM NUMBER: ITEM NUMBER: 3
DATE: 9-2-14
3. Project Address: 6455 El Camino Real Atascadero, CA 93422
4. Certified Arborist: Michael Bova, Davey Resource Group
7627 Morro Rd, Atascadero, CA 93422
5. General Plan Designation: Downtown (D)
6. Zoning District: Downtown Commercial (DC)
BACKGROUND:
The subject tree is a 64-inch DBH Coast Live Oak located along the property frontage of
Sylvester’s Burgers, near the northeast corner of El Camino Real and West Mall across
from the Sunken Gardens.
Last October, 2013, a large 18-inch diameter limb on the tree broke off and fell. Luckily,
there were no customers or pedestrians in the vicinity at the time. The limb failure
prompted the property owner to contact the City, and the City’s consulting arborist,
Davey Resource Group, completed a risk assessment to determine the structural
stability and health of the tree (see Attachment 3.)
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ITEM NUMBER: ITEM NUMBER: 3
DATE: 9-2-14
The City arborist’s assessment concluded that the tree is currently a risk rating of High
to Severe Risk, based on the recent large limb failure and high target value. A modified
ISA Risk Assessment process was completed, and a risk rating between 8 and 9 out of
a maximum of 10 was identified for the subject tree. The primary defects identified were
decay/cavities, co-dominant stems, signs of stress and a previous failure. Cankers on
the trunk may be an indication of internal decay and could be responsible for some of
the decline. Drought stress, impacts from the patio structure constructed in 2008, and
poor past pruning of the tree may be contributing factors to the tree’s decline. The risk
rating for this tree is based on the potential for future large limb failures similar to the
recent one, rather than whole tree failure.
The arborist evaluation identifies two options for the tree:
Option 1: Trimming and Treatment, estimated cost of $3000. Mitigation measures to
reduce risk include end weight reduction, removal of 3 large lower limbs over the
highest target areas, deep root fertilization, and mulching. Pruning and treatment
practices cannot guarantee success. Potential for future large limb failure would
remain. The tree may still need to be removed later if condition does not improve.
Option 2: Removal of the Tree, estimated cost of $3500. Given the high potential for
another large limb failure and the tree’s location in a high traffic area, removal of the
tree is the best option to eliminate the potential hazard. The subject tree is 100
years old and will most likely continue to decline.
The subject tree was previously inspected by Davey Resource Group in 2008 as part of
the outdoor patio installation for Sylvester’s restaurant. At that time, there was evidence
of significant and poor pruning by previous property owners. The tree was showing
evidence of stress and some decline. The recent 2013 inspection by Davey Resource
Group found that the overall condition of the tree has continued to decline since 2008.
Sucker growth continues to be the dominant foliage and some sucker growth has
declined or died completely. The large stubs and end cuts from the previous poor
pruning have not healed and continue to cause stress on the tree.
Due the continued decline since the last evaluation 6 years ago, as well as the
uncertainty that trimming and treatment will improve the tree, the property owner has
decided to request removal of the subject tree in order to eliminate the potential hazard.
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ITEM NUMBER: ITEM NUMBER: 3
DATE: 9-2-14
ANALYSIS:
City Staff has consulted with the project arborist and is recommending removal of the
64-inch Coast Live Oak tree at this time. Removal of this large tree is being
recommended due the severe hazard risk and high potential for targets, which include
customers at the restaurant, pedestrians, property improvements and vehicles in the
immediate area.
The tree lined streets around the Sunken Gardens are a unique character defining
feature for the City. The large Coast Live Oak trees located on the property frontages of
West Mall and East Mall were originally planted about 100 years ago, at the same time
as the City Hall Administration building construction.
The subject 64-inch Coast Live Oak tree is located within the City right-of way on West
Mall. West Mall and East Mall were established with the Atascadero Colony maps, and
include wide 80-foot right-of-ways adjacent to the Sunken Gardens. The existing patio
for Sylvester’s restaurant is constructed within the right-of-way, permitted with an
encroachment permit and agreement in 2008.
Per the Atascadero Municipal Code, it is the responsibility of the property owner to
maintain the frontages of their property, including improvements and landscaping
(including native trees) within the right-of-way. The 2008 encroachment agreement
issued for the patio on the subject property reiterates this requirement. Therefore, it is
the property owners’ responsibility to maintain the subject tree, and if needed, process
removal of the tree. Mitigation and/or installation of required replanting(s) are the
responsibility of the property owner.
Coast Live Oak trees on West Mall & East Mall
Planted as part of construction of the historic Atascadero Civic Center
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ITEM NUMBER: ITEM NUMBER: 3
DATE: 9-2-14
Tree Mitigation
The Atascadero Municipal Code requires mitigation 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. Mitigation is to be assigned on a case by case basis.
Given the prominent location and historical significance of the proposed removal, Staff
recommends that the applicant mitigate by replanting a new tree in the same location.
Given the age of the existing trees around the Sunken Gardens, Staff expects that over
the next few decades we will most likely continue to see failures and decline of the other
100 year old Coast Live trees on these streets. In order to maintain the historic
character and ambiance that defines the City core, Staff is recommending replacement
of these trees one at a time. By staggering the removals and giving the new trees time
to grow, we can slowly replace the Coast Live Oaks around the Sunken Gardens and
blend the new generation of trees in with the old established trees.
Based on the native tree replacement standards, removal of a 64-inch DBH evergreen
native tree would require mitigation of either twenty-one (21) new 5-gallon oak trees
planted on site, or payment of $1066.67 to the tree fund. The tree ordinance allows
multi-family and commercial projects to plant larger size specimens to reduce the
quantity of replacements required. Given the limited planting area available on site,
there will be an additional cost to the property owner to grind out the stump of the
existing tree and preparing the site for replanting. Therefore, for this unique situation,
Staff is recommending an (1) 24-inch DBH Coast Live Oak, to be planted on the
West Mall property frontage in the area of the removed tree to fulfil mitigation
requirements. A 24-inch box tree is young enough to adapt to the new environment
when replanted, and will be large enough to look like a tree for appearance purposes in
this high traffic area. Irrigation to the new tree, as well as supplemental native shrubs
that will help the oak tree thrive, are conditioned to be installed in the existing planter to
complete the landscape on the property frontage .
Given the visual importance and historic character of the Coast Live Oak trees which
line West Mall and East Mall, Staff believes that mitigating through strategic replanting
efforts is crucial for proper mitigation of the proposed removal.
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.
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ITEM NUMBER: ITEM NUMBER: 3
DATE: 9-2-14
CONCLUSIONS:
The City’s consulting certified arborist has evaluated the subject 64-inch DBH Coast
Live Oak and determined that the tree has a High to Severe Risk, based on past large
limb failure and public seating area below the tree. The property owner has submitted
an application to remove the tree to eliminate the risk. Based on the arborist’s
evaluation and above analysis, findings can be made to approve the requested removal.
The removal would be subject to mitigation, which Staff is recommending as replanting
of one (1) 24-inch box size tree in place of the removed tree.
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, and direct Staff to work on a program to reduce the hazard risk. 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 – Arborist Assessment
Attachment 4 – Draft Resolution PC 2014-0018
Bond payment for tree #31, impacted 45% :
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ITEM NUMBER: ITEM NUMBER: 3
DATE: 9-2-14
ATTACHMENT 1: Location Map (Zoning Map)
PLN 2014-1520/TRP 2014-0176
General Plan Designation: Downtown (D)
Zoning District: Downtown Commercial (DC)
Location of 64” Live Oak
proposed of removal
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ATTACHMENT 2: Aerial Photo
PLN 2014-1520/TRP 2014-0716
Location of 64” Live Oak
proposed of removal
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Attachment 3: Arborist Report
PLN 2014-1520/TRP 2014-0176
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ATTACHMENT 4: Draft Resolution PC 2014-0018
PLN 2014-1520/TRP 2014-0176
DRAFT RESOLUTION PC 2014-0018
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ATASCADERO APPROVING
PLN 2014-1520 / TRP 2014-0176, TO ALLOW THE REMOVAL OF ONE (1)
HAZARDOUS COAST LIVE OAK TOTALING 64 INCHES DBH
LOCATED AT 6455 EL CAMINO REAL
(ENGLUND / SYLVESTER’S)
WHEREAS, an application was received from Brian Englund, (Applicant) 6455 El
Camino Real, Atascadero, CA 93422, and by Gary Englund (owner) 6455 El Camino Real,
Atascadero, CA 93422, for a Tree Removal Permit to remove one (1) hazardous Coastal Live
Oak totaling 64-inches DBH; and,
WHEREAS, the subject tree is a 64-inch DBH Coast Live Oak which was planted as
part of the design and original construction of the historic Atascadero Civic Center during
establishment of the Atascadero Colony, and has created a tree lined streetscape on West Mall
and East Mall which is a unique character defining feature of the City’s core; and,
WHEREAS, the Planning Commission reviewed the proposed Tree Removal Permit
application on September 2, 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 September 2, 2014, resolved to approve Tree Removal Permit
2014-0176, subject to the following:
EXHIBIT A: Conditions of Approval
EXHIBIT B: Replanting Detail
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DATE: 9-2-14
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
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ITEM NUMBER: ITEM NUMBER: 3
DATE: 9-2-14
EXHIBIT A: Conditions of Approval / Mitigation Monitoring
PLN 2014-1520/TRP 2014-0176
Conditions of Approval
PLN 2014-1520/TRP 2014-0176
Sylvester’s Tree Removal; 6455 El Camino Real
Timing
FM; Final Map
BL: Business License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary Occupancy
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
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 one (1) new 24-inch box size Coast Live Oak, and
supportive native shrubs.
The existing stump shall be ground out to provide adequate area for
planting the new tree. To improve tree survival, planting shall be done
according to the planting detail in Exhibit B, and verified on site by the
consulting arborist.
Irrigation shall be provided to the new tree and native shrubs.
Tree removal PS
4. The new tree replanted on site shall be monitored by site inspections by
the City during a four (4) year establishment period. The applicant shall
replant if the original replacement tree does not survive.
Ongoing PS
5. Additional landscape plantings, including native shrubs, ground cover and
mulch shall be installed in the planter area of the removed tree to complete
the frontage landscape and help the new oak tree thrive. Supplemental
plant location and species shall be approved by the project arborist to
ensure compatibility with the new Coast Live Oak tree.
Tree removal PS
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DATE: 9-2-14
EXHIBIT B: Tree Replanting Detail
PLN 2014-1520/TRP 2014-0176
Bond payment for tree #31, impacted 45% :
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