HomeMy WebLinkAboutPC Resolution 2009-0031
RESOLUTION PC 2009-0031
A RESOLUTION OF THE ATASCADERO PLANNING COMMISSION
TO RECONSIDER CONDITIONS OF APPROVAL
BY AMENDING CONDITION # 7 OF THE
TENTATIVE TRACT MAP 2003-0029
AND REMOVE THE REQUIREMENT FOR
A TREE IMPACT FEE OF $18,233.00
(TTM 2003-0029 / Messer)
WHEREAS, an application has been received from Don Messer, PO Box 1958,
Atascadero, CA 93423 (Property Owner/Applicant) and J. Michael Finch, 6445 N. Palm
Avenue, Suite 101, Fresno, CA 93704 (Property Owner), to reconsider the Conditions o f
Approval for Tentative Tract Map 2003-0029 by amending Conditions # 7, to wit:
“All tree removals shall be mitigated consistent with the Native Tree Ordinance excepting no tree protection
fee will be required. Project mitigation shall consist of recordation of native tree protection easements at time of final
map as shown on Exhibit B-1. Additional retaining walls shall be utilized along the southern portion of Encino Avenue
to preserve as many trees as possible;” and,
WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2003-0044 were
prepared for the project and made available for public review in accordance with the
requirements of the California Environmental Quality Act (CEQA) from August 27, 2003 to
September 16, 2003; and,
WHEREAS, the site’s General Plan Designation is SFR-Z (Single-Family Residential
1.5 – 2.5 acre minimum lot size); and,
WHEREAS, the site’s Zoning District is RSF- Z (Residential Single-Family 1.5 – 2.5
acre minimum lot size); and,
WHEREAS, the Atascadero Planning Commission, at a Public Hearing held on October
20, 2009, studied and considered the request to modify the condition requiring the payment of
tree mitigation fees; and,
WHEREAS, the original approval for Tentative Tract Map 2003-0029 (Tract 2515) did
not include a tree mitigation fee imposed by the City Council on November 25, 2003; and,
WHEREAS, the applicant is requesting reconsideration of the November 21, 2006
Planning Commission’s imposition of a tree mitigation fee requirement with this Tentative Tract
Map; and,
WHEREAS, a timely and properly noticed Public Hearing for the subject
reconsideration #2 of the tree mitigation fee was held by the Planning Commission of the City of
Atascadero on October 20, 2009 at which hearing evidence, oral and documentary, was admitted
on behalf of said amendment to condition #7; and,
WHEREAS, the proposed reconsideration #2 is the same project that was previously
analyzed under Certified Mitigated Negative Declaration 2003-0044, and therefore is consistent
with the environmental document; and,
WHEREAS, the applicant has completed the public improvements to Encino Road; and,
NOW, THEREFORE, the Planning Commission takes the following actions:
Section 1. Findings of Approval for Amendment to Condition # 7, the Atascadero
Planning Commission finds as follows:
1. The proposed subdivision, as conditioned, is consistent with the General Plan and
applicable zoning requirements.
2. The design and improvement of the proposed subdivision is consistent with the
General Plan and applicable zoning requirements.
3. The site is physically suitable for the type of development proposed.
4. The site is physically suitable for the density of development proposed.
5. The design and improvement of the proposed subdivision will not cause substantial
environmental damage or substantially and unavoidably injure fish and wildlife or
their habitat because specific mitigation is applied including the permanent dedication
of Tree Protection Plan to maintain existing forestation throughout the project.
6. The design of the subdivision will not conflict with easements acquired by the public
at large for access through, or the use of property within, the proposed subdivision; or
substantially equivalent alternative easements are provided.
7. The proposed subdivision design and type of improvements proposed will not be
detrimental to the health, safety or welfare of the general public.
8. Mitigated Negative Declaration 2003-0044 was certified by the City Council on
November 25, 2003 in compliance with CEQA, and the proposed project is consistent
with this environmental document.
Section 2. Approval. The Planning Commission, in a regular session assembled on
October 20, 2009 resolved to approve reconsideration #2 consisting of an amendment to remove
tree mitigation fees associated with Condition # 7 of Tentative Tract Map 2003-0029:
1. Exhibit A: Tentative Tract Map 2003-0029
2. Exhibit B-1, B-2: Tree Protection Plan and Inventory
3. Exhibit C: Revised Condition #7 language as follows:
“All tree removals shall be mitigated consistent with the Native Tree Ordinance excepting no tree
protection fee will be required. Project mitigation shall consist of recordation of native tree protection
easements at time of final map as shown on Exhibit B-1. Additional retaining walls shall be utilized
along the southern portion of Encino Avenue to preserve as many trees as possible .”
On motion by Commissioner Bentz and seconded by Vice Chairperson Moreno, the
foregoing Resolution is hereby adopted in its entirety on the following roll call vote:
AYES: Moreno, Bentz, Schmidt, Sturtevant, Ward, and Jack ( 6 )
NOES: Commissioner Colamarino ( 1 )
ABSENT: None
ADOPTED: October 20, 2009
CITY OF ATASCADERO
By: _______________________________
Sandy Jack
Planning Commission Chairperson
ATTEST:
_____________________
Warren Frace
Planning Commission Secretary
Exhibit 1 – Tentative Tract Map 2003-0029 (TR 2515)
Exhibit 2: TREE PROTECTION PLAN AND INVENTORY (B-1 and B-2)
(Page 1 of 2)
Exhibit 2 – Inventory
(Page 2 of 2)
P
Exhibit 3 – REVISION OF CONDITION #7
Conditions of Approval / Mitigation Monitoring Program
Tentative Tract Map 2003-0029
Encino / Atajo Lot Line Adjustment
Timing
PM: Parcel Map
GP: Grading Permit
BP: Building Permit
TO: Temporary Occupancy
FO: Final Occupancy
PI: Public Improvements
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Atascadero
Mutual Water Company
Mitigation
Measure
Planning Services
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.
FM
PS
2. Approval of this Tentative Tract Map shall be valid for
two years after its effective date. At the end of the
period, the approval shall expire and become null and
void unless an extension of time is granted pursuant to
a written request received prior to the expiration date.
FM PS
3. The Community Development Department shall have
the authority to approve minor changes to the project
that (1) result in a superior site design or appearance,
and/or (2) address a construction design issue that is
not substantive to the Tentative Tract Map.
FM PS
4. The boundary between lot 4 and lot 5 shall be adjusted
at final map so that lot 4 has a gross area of 0.61 acres
and lot 5 has a gross area of 0.99 acres.
FM PS
5. The lot line between lots 2 and 3 shall be adjusted to
maintain a minimum 25-foot front yard setback to the
main dwelling.
FM PS
6. The construction location of each house shall be
consistent with the footprints indicated on the tentative
map. Generalized building construction envelopes shall
be plotted on the final map
FM PS
7. All tree removals shall be mitigated consistent with
the Native Tree Ordinance excepting no tree
protection fee will be required. Project mitigation
shall consist of recordation of native tree protection
easements at time of final map as shown on Exhibit
B-1. Additional retaining walls shall be utilized
along the southern portion of Encino Avenue to
preserve as many trees as possible.
(Amended by PC on October 20, 2009)
On-going PS
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