Loading...
HomeMy WebLinkAboutPC_2014-09-02_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, 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 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.) 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 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website 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 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 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.) P18 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. P19 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 P20 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. P21 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% : P22 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 P23 ITEM NUMBER: ITEM NUMBER: 3 DATE: 9-2-14 ATTACHMENT 2: Aerial Photo PLN 2014-1520/TRP 2014-0716 Location of 64” Live Oak proposed of removal P24 ITEM NUMBER: ITEM NUMBER: 3 DATE: 9-2-14 Attachment 3: Arborist Report PLN 2014-1520/TRP 2014-0176 P25 ITEM NUMBER: ITEM NUMBER: 3 DATE: 9-2-14 P26 ITEM NUMBER: ITEM NUMBER: 3 DATE: 9-2-14 P27 ITEM NUMBER: ITEM NUMBER: 3 DATE: 9-2-14 P28 ITEM NUMBER: ITEM NUMBER: 3 DATE: 9-2-14 P29 ITEM NUMBER: ITEM NUMBER: 3 DATE: 9-2-14 P30 ITEM NUMBER: ITEM NUMBER: 3 DATE: 9-2-14 P31 ITEM NUMBER: ITEM NUMBER: 3 DATE: 9-2-14 P32 ITEM NUMBER: ITEM NUMBER: 3 DATE: 9-2-14 P33 ITEM NUMBER: ITEM NUMBER: 3 DATE: 9-2-14 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 P34 ITEM NUMBER: ITEM NUMBER: 3 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 P35 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 P36 ITEM NUMBER: ITEM NUMBER: 3 DATE: 9-2-14 EXHIBIT B: Tree Replanting Detail PLN 2014-1520/TRP 2014-0176 Bond payment for tree #31, impacted 45% : P37