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HomeMy WebLinkAboutPC_2014-10-21_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, October 21, 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, October 21, 2014 Page 2 of 3 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 OCTOBER 7, 2014 COMMUNITY DEVELOPMENT STAFF REPORTS 2. PLN 2014-1530 / TREE REMOVAL PERMIT FOR 8655 AZUCENA Property Owner: Steve Ruffino, PO Box 5575, Santa Maria, CA 93456 Certified Arborist: A&T Arborists, PO Box 1311, Templeton, CA 93465 Project Title: PLN 2014-1530 / TRP 2014-0179 Project Location: 8655 Azucena, Atascadero, CA 93422 APN 031-311-002 (San Luis Obispo County) Project Description: An applicant is requesting the removal of five (5) native trees on a vacant single-family residential lot. The trees proposed for removal include four (4) valley oaks totaling 69-inches DBH and one (1) coast live oak with two 7-inch DBH trunks. Staff Recommendation: The Planning Commission adopt Resolution PC 2014-0026 to allow the removal of five (5) trees native trees required to develop a vacant single - family lot, subject to replanting mitigation and conditions of approval. PUBLIC HEARINGS None COMMISSIONER COMMENTS AND REPORTS DIRECTOR’S REPORT ADJOURNMENT The Planning Commission meeting on November 4, 2014 is cancelled. The next regular meeting will be on November 18, 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, October 21, 2014 Page 3 of 3 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 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 wil l 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 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 are 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 10/7/14 Page 1 of 7 CITY OF ATASCADERO PLANNING COMMISSION DRAFT ACTION MINUTES Regular Meeting – Tuesday, October 7, 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 Commissioner Colamarino led the Pledge of Allegiance. ROLL CALL Present: Commissioners Anderson, Bentz, Colamarino, Cooper, Wolff, Vice Chairperson Dariz, and Chairperson Schmidt Absent: None Others Present: Recording Secretary, Annette Manier Lisa Wise, Lisa Wise Consulting (LWC) Kathryn Slama, Lisa Wise Consulting (LWC) Staff Present: Community Development Director, Warren Frace Senior Planner, Callie Taylor Assistant Planner, Alfredo Castillo APPROVAL OF AGENDA MOTION: By Commissioner Bentz and seconded by Commissioner Colamarino to approve the agenda. Motion passed 7:0 by a roll-call vote. PUBLIC COMMENT None Chairperson Schmidt closed the Public Comment period. ITEM NUMBER: ITEM NUMBER: 1 DATE: 10-21-14 PC Draft Action Minutes of 10/7/14 Page 2 of 7 PLANNING COMMISSION BUSINESS None CONSENT CALENDAR 1. APPROVAL OF ACTION MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON SEPTEMBER 2, 2014. MOTION: By Commissioner Bentz and seconded by Commissioner Colamarino to approve the consent calendar. Motion passed 7:0 by a roll-call vote. COMMUNITY DEVELOPMENT STAFF REPORTS None PUBLIC HEARINGS 2. PLN 2014-1506: GENERAL PLAN AMENDMENT, ZONE CHANGE AND LOT MERGER FOR 6850 MORRO ROAD (Former Atascadero Library Site) Applicant/Owner: County of San Luis Obispo, General Services, 1087 Santa Rosa St., San Luis Obispo, CA 93408 Project Title: PLN 2014-1506 – Former Atascadero Library Site General Plan Amendment 2014-0029 / Zone Change 2014-0174 / Lot Merger 2014-0013 Project Location: 6850 Morro Road, Atascadero, CA 93422 (APN 030-282-033 & 027) 6925 & 6907 Atascadero Ave., Atascadero, CA 93422 (APN 030 -282-018 & 032) Project Description: The project consists of a General Plan Amendment (GPA) and Zoning Map Amendment (ZCH) to change the land use designations on parcels previously used as the Atascadero Library. Due to the recent relocation of the library to 6555 Capistrano Avenue, the Coun ty of San Luis Obispo has submitted an application to redesignate the four (4) existing parcels of the previous library site from a combination of residential and Public general plan classifications to a combination of Residential and Commercial in order to facilitate the sale of the property. Under the proposed Commercial Retail (CR) zoning, the existing 8221 sq. ft. library building could be repurposed by future owners for commercial purposes, consistent with surrounding commercial uses on Morro Road. A Lot Merger (LMG) is proposed in order to combine the two (2) underlying parcels of the library building into one commercial lot. The proposed Residential Multi-Family-20 (RMF-20) zoning of the parcels at 6925 and 6907 Atascadero Avenue would facilitate future residential development consistent with adjacent uses on Atascadero Ave. A concept site plan has been provided by the County of San Luis Obispo to demonstrate possible future residential use and parking; however, no development is currently proposed at this time. PC Draft Action Minutes of 10/7/14 Page 3 of 7 EX PARTE COMMUNICATIONS None Senior Planner Taylor gave the staff report, and answered questions from the Commission. PUBLIC COMMENT The following members of the public spoke during public comment: Linda Van Fleet and Jim Patterson. MOTION: By Commissioner Colamarino and seconded by Vice Chairperson Dariz to approve Resolution 2014-0020 recommending that the City Council certify proposed Mitigated Negative Declaration 2014-0008 prepared for General Plan Amendment 2014-0029, Zone Change 2014-0174, and Lot Merger 2014-0013 on APN 030-282-033, 027 and 032, for 6850 Morro Road and 6925 Atascadero Ave. Motion passed 7:0 by a roll-call vote. MOTION: By Commissioner Colamarino and seconded by Vice Chairperson Dariz to approve Resolution 2014-0021 recommending that the City Council approve General Plan Amendment 2014-0029 amending the General Plan Land Use Diagram designations of APN 030-282-033, 027 and 032 from General Commercial (GC) and Public Existing General Plan Designation: General Commercial, Public Facilities, High -Density Residential Existing Zoning: Commercial Professional/PD-3, Public Facilities, Residential Multi-Family-20 Proposed General Plan Designation: General Commercial, High-Density Residential Proposed Zoning: Commercial Retail/PD-3, Residential Multi- Family-20 Commercial Retail, Residential Multi-Family-20 Proposed Environmental Determination: Based on the Initial Study prepared for the project, a Negative Declaration is proposed. The Negative Declaration is available for public review from 9/18/14 through 10/7/14 at 6500 Palma Avenue, Community Development Department from 8:30 a.m. to 5:00 p.m. Monday through Thursday. Staff Recommendation: Staff recommends the Planning Commission recommend the City Council approve the proposed General Plan Amendment, Zoning Map Amendment, and Lot Merger, as proposed. PC Draft Action Minutes of 10/7/14 Page 4 of 7 Facilities (P) to General Commercial (GC) and high-density residential (HDR) at 6850 Morro Road and 6925 Atascadero Avenue. Motion passed 7:0 by a roll-call vote. MOTION: By Commissioner Colamarino and seconded by Vice Chairperson Dariz to approve Resolution 2014-0022 recommending that the City Council approve Zone Change 2014-0174 amending the official zoning map designation of APN 030-282- 033, 027, and 032 from Public (P) and Commercial Professional (CP) to Commercial Retail (CR) and Residential Multi-family-20 (RMF-20) at 6850 Morro Road, and 6925 Atascadero Avenue subject to Conditions of Approval. Motion passed 7:0 by a roll-call vote. MOTION: By Commissioner Colamarino and seconded by Vice Chairperson Dariz to approve Resolution 2014-0023 recommending that the City Council approve Lot Merger 2014-0013 between APN 030- 282-033 and 030-282-027 for 6850 Morro Road, subject to Conditions of Approval. Motion passed 7:0 by a roll-call vote 3. PLN 2014-1493: GENERAL PLAN AMENDMENT, RECOMMENDATION TO ADOPT 2014-2019 DRAFT HOUSING ELEMENT & PROPOSED AMENDMENTS TO SAFETY ELEMENT OF THE ATASCADERO GENERAL PLAN Applicant: City of Atascadero, 6500 Palma Ave., Atascadero, CA 93422 Project Title: PLN 2014-1493 Project Location: Citywide (San Luis Obispo County) Project Description: The project consists of General Plan Amendments updating the 2007-2014 Housing Element with the proposed Draft 2014-2019 Housing Element, as required by Government Code Sections 65580–65589.8. The Draft Housing Element provides implementation strategies for the 2014-2019 planning period to meet RHNA and provide affordable and diverse, high quality housing opportunities to meet the needs of a ll segments of the community. This Housing Element is an update of the previously approved 2007 -2014 Housing PC Draft Action Minutes of 10/7/14 Page 5 of 7 EX PARTE COMMUNICATIONS None Assistant Planner Castillo gave a brief introduction to the item, and then introduced Lisa Wise and Kathryn Slama from LWC who gave a presentation and portion of the staff report. Assistant Planner Castillo also gave a portion of the staff report. Assistant Planner Castillo, Director Frace, and Lisa Wise answered questions from the Commission. PUBLIC COMMENT The following people spoke during public comment: Jim Patterson and Ramona Ramirez. Chairperson Schmidt closed the Public Comment period. MOTION: By Commissioner Bentz and seconded by Commissioner Wolff to adopt PC Resolution PC 2014-0024, recommending that the City Council Element that provides updated figures, statistics, and policies. The City of Atascadero is utilizing the Department of Housing and Community Development’s “streamlined review” process which allows for an expedited review by implementing key housing policies during the 4th cycle planning period (2007-2014). The City has received notice from HCD that the Draft Housing Element meets State requirements, and with official City Council adoption, the Housing Element is ready for State certification. In addition, City of Atascadero staff proposes amendments to the City’s adopted Safety Element, one of the seven required elements of the General Plan. Consis tent with Senate Bill 1241, the City must review and revise its Safety Element to address fire and seismic hazards. California's increasing population and expansion of development into previously undeveloped areas is creating more "wildland -urban interface" (WUI) issues with a corresponding risk of economic loss caused by wildland fire. The Safety Element will be updated to address the risk of fire and seismic events. This update ensures that the City has a set of feasible implementation goals designed to continue to carry out the existing fire protection policies within the Safety Element. Zoning: Citywide General Plan Designation: Citywide Proposed Environmental Determination: The Draft Atascadero 2014-2021 Housing Element Update and Safety Element Update is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines, which states the general rule is that CEQA applies only to projects which have the potential for causing a signif icant effect on the environment. The Draft 2014-2019 Housing Element and proposed Safety Element amendments do not propose any new policies or programs that would change any land use or portend new development that was not already considered in the 2007 - 2014 Housing Element or the certified Atascadero General Plan 2025 Final Environmental Impact Report (FEIR). It can therefore be seen with certainty, that there is no possibility that the adoption of the 2014-2019 Housing Element update or amendment to the City’s Safety Element would have a significant effect on the environment. PC Draft Action Minutes of 10/7/14 Page 6 of 7 approve General Plan Amendment 2014-0028 (PLN 2014-1493) for the 2014-2019 Housing Element Adoption (Citywide). Motion passed 7:0 by a roll call vote MOTION: By Commissioner Bentz and seconded by Commissioner Wolff to adopt PC Resolution PC 2014-0025, recommending that the City Council approve General Plan Amendment 2014-0028 (PLN 2014-1493) for updates to the Safety Element of the Atascadero General Plan. Motion passed 7:0 by a roll call vote COMMISSIONER COMMENTS AND REPORTS Commissioner Schmidt asked for updates on the Sylvester’s tree appeal, the West Front tree removal, the skating rink, and the Creekside City Hall. Director Frace answered his questions. DIRECTORS REPORT  Director Frace stated that the next Planning Commission meeting will be on October 21, 2014.  Director Frace gave an update on the Marriott Hotel, two Halloween haunted house-type uses, and the Halcon Road GPA. ADJOURNMENT – 8:21 p.m. The next regular meeting of the Planning Commission is scheduled for October 21, 2014, at 7:00 p.m. at City Hall, Council Chambers, 6500 Palma Avenue, Atascadero. MINUTES PREPARD BY: _____________________________ Annette Manier, Recording Secretary PC Draft Action Minutes of 10/7/14 Page 7 of 7 \\cityhall\cdvlpmnt\~ planning commission\pc minutes\pc minutes 2014\pc draft actn minutes 10 7 14.am.docx ITEM NUMBER: ITEM NUMBER: 2 DATE: 10-21-14 Atascadero Planning Commission Staff Report – Community Development Department Alfredo Castillo, AICP, Assistant Planner, 470-3436, acastillo@atascadero.org Sarah Wood, Planning Intern, 470-3480, swood@atascadero.org PLN 2014-1530 Tree Removal Permit 2014-0179 8655 Azucena Avenue SUBJECT: An applicant is requesting the removal of five (5) native trees on a vacant single -family residential lot. The trees proposed for removal include four (4) valley oaks totaling 69 - inches DBH and one (1) coast live oak with two 7-inch DBH trunks. RECOMMENDATION: Staff Recommends: The Planning Commission adopt Resolution PC 2014-0026 to allow the removal of five (5) trees native trees required to develop a vacant single -family lot, subject to replanting mitigation and conditions of approval. Situation and Facts: 1. 1. Property Owner / Applicant: Steve Ruffino P.O. Box 5575 Santa Maria, CA 93456 2. Project Address: 8655 Azucena Avenue (APN 031-311-002) Atascadero, CA 93422 3. Certified Arborist: Chip Tamagni A&T Arborists P.O. Box 1311 Templeton, CA 93465 4. General Plan Designation: Residential Single-Family-Y (RSF-Y) 5. Zoning District: Single-Family Residential-Y (SFR-Y) ITEM NUMBER: ITEM NUMBER: 2 DATE: 10-21-14 6. Site Area: Approximately 0.634 acres 7. Existing Use: Vacant lot planned for development Surrounding Zoning / General Plan Designation North: Residential Single-Family (RSF-Y) / Single-Family Residential (SFR) East: Residential Single-Family (RSF-Y) / Single-Family Residential (SFR) South: Residential Single-Family (RSF-Y) / Single-Family Residential (SFR) West: Residential Single-Family (RSF-Y) / Single-Family Residential (SFR) BACKGROUND: The proposed project is located on 8655 Azucena Avenue, near the Atascadero Lake Park. Currently this is a vacant lot. The owner / applicant is proposing to develop the lot into a new single-family residence. The owner has worked with an engineer to site the proposed single-family residence near the front of the lot to avoid a 72 -inch white oak, as well as, additional grading and impervious surface had the home been sited near the rear of the lot. Project Location Map ITEM NUMBER: ITEM NUMBER: 2 DATE: 10-21-14 ANALYSIS: An application has been submitted by the owner for the removal of five (5) native oak trees to allow for construction of a single-family home. Proposed native tree removals include one (1) coast live oak totaling 14 -inches DBH and four (4) valley oaks totaling 69-inches DBH. Based on the submitted Arborist Report, the health of the trees proposed for removal range from poor to moderately healthy. Staff conducted a site visit and met with the applicant. Based on preliminary grading and architectural plans, staff determined that the location of the proposed home is the environmentally superior alternative because of the slope of the lot. The applicant originally proposed additional removals of two (2) 18 -inch white oaks fronting Azucena, however, after meeting with staff and confirming with the arborist, these trees will be saved through construction of an Allen Block wall. Due to the size of the proposed tree removals (one tree over 24-inches DBH), the item is referred to the Planning Commission for approval to remove. The applicant has not submitted for building permits at this time. Due to the sitting of the residence, the applicant will not have to go through a Precise Plan (CEQA) analysis for grading activities, however, the applicant is applying for the tree removals first to have Vacant Lot with slopes and large tree ITEM NUMBER: ITEM NUMBER: 2 DATE: 10-21-14 certainty that the trees may be removed prior to submitting officially for a building permit to construct the single-family residence. 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 replanting new trees on the lot and the applicant has indicated that it is his preference to mitigate through planting. Based on the 69-inch DBH size of the valley oak tree to be removed, as well as, the 14 - inch DBH coast live oak, the required replanting would be twenty-five (25) 5-gallon oak trees. Equivalent box tree replanting may be done, based on recommen dations from the Arborist and the City’s native tree guidelines. Additional the applicant may choose to pay a total fee of $1,266.67 for removal or a combination of replanting and fees. One issue that has come up is that there is curre ntly no irrigation on the lot. The replacement trees will need to be watered for the first several years in order for the new native trees to become established. A condition has been included as a part of resolution requiring irrigation to be provided for the native tree replanting area. 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. ITEM NUMBER: ITEM NUMBER: 2 DATE: 10-21-14 The tree is obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from the site planner and determined by the Community Development Department based on the following factors: CONCLUSIONS: A certified arborist has determined that the subject four (4) 69 -inch DBH Valley Oaks and 14-inch DBH coast live oak trees are obstructing proposed improvements, and that the alternative sitting of the proposed residential home would create a dditional environmental impacts. 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 – Tree Removal Map Attachment 5 – Arborist Report Attachment 6 – Preliminary Architecture Plan Attachment 6 – Draft Resolution PC 2014-0026 Bond payment for tree #31, impacted 45% : ITEM NUMBER: ITEM NUMBER: 2 DATE: 10-21-14 ATTACHMENT 1: Location Map (Zoning Map) PLN 2014-1530/TRP 2014-0179 Location of Oaks proposed for removal ITEM NUMBER: ITEM NUMBER: 2 DATE: 10-21-14 ATTACHMENT 2: Aerial Photo PLN 2014-1530/TRP 2014-0179 Location of Oaks proposed for removal ITEM NUMBER: ITEM NUMBER: 2 DATE: 10-21-14 ATTACHMENT 3: Site Photos PLN 2014-1530/TRP 2014-0719 ITEM NUMBER: ITEM NUMBER: 2 DATE: 10-21-14 ATTACHMENT 3: Site Photos PLN 2014-1530/TRP 2014-0179 ITEM NUMBER: ITEM NUMBER: 2 DATE: 10-21-14 ATTACHMENT 4: Tree Removal Map PLN 2014-1530/TRP 2014-0179 ITEM NUMBER: ITEM NUMBER: 2 DATE: 10-21-14 ATTACHMENT 5: Arborist Report PLN 2014-1530/TRP 2014-0179 ITEM NUMBER: ITEM NUMBER: 2 DATE: 10-21-14 ITEM NUMBER: ITEM NUMBER: 2 DATE: 10-21-14 ITEM NUMBER: ITEM NUMBER: 2 DATE: 10-21-14 ITEM NUMBER: ITEM NUMBER: 2 DATE: 10-21-14 ITEM NUMBER: ITEM NUMBER: 2 DATE: 10-21-14 ITEM NUMBER: ITEM NUMBER: 2 DATE: 10-21-14 ATTACHMENT 7: Draft Resolution PC 2014-0026 PLN 2014-1530/TRP 2014-0179 DRAFT RESOLUTION NO. PC 2014-0026 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING PLN 2014-1530 / TRP 2014-0179, TO ALLOW THE REMOVAL OF ONE (1) COAST LIVE OAK TOTALING 14-INCHES DBH AND FOUR (4) VALLEY OAKS TOTALING 69-INCHES DBH LOCATED ON AZUCENA AVENUE WHEREAS, an application was received from A & T Arborists, P.O. Box 1311, Templeton, California 93465, (Applicant) and by Steve Ruffino (Property Owner), for a Tree Removal Permit to remove one (1) Coastal Live Oak totaling fourteen (14) inches DBH and four (4) valley oaks totaling sixty-nine inches (69) DBH; and, WHEREAS, the Planning Commission reviewed the proposed Tree Removal Permit application on October 21, 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 obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from the site planner and determined by the Community Development Department based on the following factors: d. If saving tree eliminates all reasonable use of the property SECTION 2. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on October 21, 2014, and resolved to approve Tree Removal Permit 2014-0179, subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Tree Mitigation ITEM NUMBER: ITEM NUMBER: 2 DATE: 10-21-14 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: 2 DATE: 10-21-14 EXHIBIT A: Conditions of Approval / Mitigation Monitoring PLN 2014-1530/TRP 2014-0179 Conditions of Approval PLN 2014-1530/TRP 2014-0179 8655 Azucena Avenue 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 the number of Native Trees, pay the mitigation fee, or a combination thereof as shown in Exhibit B. Applicant must work with City staff and arborist for sites to replant trees, if the applicant chooses to replant on-site. Larger box trees may be substituted for five-gallon replacement trees per the Atascadero Native Tree guidelines. Native tree replanting must be completed prior to final occupancy of residential unit. FO PS / BS 4. The applicant / owner must provide irrigation to tree replanting sites. Irrigation shall be drip irrigation. Irrigation must be installed prior to final occupancy of residential unit FO PS/ BS ITEM NUMBER: ITEM NUMBER: 2 DATE: 10-21-14 Exhibit B Native Tree Mitigation PLN 2014-1530/TRP 2014-0179 Evergreen Native Trees (inches)Deciduous Native Trees (inches)Totals dbh notes dbh notes 1 7-inches coast live oak 1 6-inches valley oak 2 7-inches coast live oak 2 13-inches valley oak 3 3 20-inches valley oak 4 4 30-inches valley oak 5 5 6 6 Total 14-inches Total 69-inches 83-inches Mitigation Requirement req'd tree replacements:2 five gal trees req'd tree replacements:23 five gal trees 25 five gal trees Proposed Replanting 0 five gal trees Proposed Replanting 0 five gal trees 0 five gal trees 0 box trees (24'')0 box trees (24'')0 box trees (24'') Remaining Mitigation 2 five gal trees Remaining Mitigation 23 five gal trees 25 five gal trees Tree Fund Payment:116.67$ Tree Fund Payment:1,150.00$ 1,266.67$ Bond payment for tree #31, impacted 45% :