Loading...
HomeMy WebLinkAboutPC_2015-10-20_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 20, 2015 – 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 Mark Dariz Vice Chairperson Jan Wolff Commissioner David Bentz Commissioner Duane Anderson Commissioner Jerel Seay Commissioner Charles Bourbeau Commissioner Dennis Schmidt 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 20, 2015 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 6, 2015 COMMUNITY DEVELOPMENT STAFF REPORTS 2. PLN 2015-1568/1569, TREE REMOVAL PERMITS FOR 7370 AND 7380 EL CAMINO REAL (TED MILES MOTORS) COMMISSIONER COMMENTS AND REPORTS DIRECTOR’S REPORT ADJOURNMENT The next regular meeting will be on November 3, 2015 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. Property Owners: Don Croom, 2275 Alren Place, Paso Robles, CA 93446 Ted Miles, 7380 El Camino Real, Atascadero, CA 93422 Certified Arborist: Steven Alvarez, A&T Arborists, PO Box 1311, Templeton, CA 93465 Project Title: PLN 2015-1568 / TRP 2015-0190 PLN 2015-1569 / TRP 2015-0191 Project Location: 7370, 7380 El Camino Real, Atascadero, CA 93422 (San Luis Obispo County) APN 030-222-034, 036 Project Description: The project consists of the removal of one 55-inch coast live oak tree and one 55-inch valley oak tree in a car sales lot. General Plan Designation: Service Commercial (SC) Zoning District: Commercial Service (CS) City Staff: Katie Banister, Assistant Planner, (805) 470-3480, kbanister@atascadero.org Staff Recommendation: Planning staff recommends Planning Commission adopt Resolution PC 2015 -A and PC 2015-B approving the removal of two native oak trees. City of Atascadero Planning Commission Agenda Regular Meeting, October 20, 2015 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 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 10/6/15 Page 1 of 5 ITEM NUMBER: 1 DATE: 10-20-15 CITY OF ATASCADERO PLANNING COMMISSION DRAFT ACTION MINUTES Regular Meeting – Tuesday, October 6, 2015 – 7:00 P.M. City Hall Council Chambers 6500 Palma Avenue, Atascadero, California CALL TO ORDER - 7:00 p.m. Chairperson Dariz called the meeting to order at 7:01 p.m. and Commissioner Schmidt led the Pledge of Allegiance. ROLL CALL Present: Commissioners Anderson, Bourbeau, Schmidt, Seay, Vice Chairperson Wolff, and Chairperson Dariz Absent: Commissioner Bentz (excused absence) Others Present: Recording Secretary, Annette Manier Staff Present: Community Development Director, Phil Dunsmore Assistant Planner, Alfredo Castillo Contract Planner, Katie Banister APPROVAL OF AGENDA MOTION: By Commissioner Anderson and seconded by Commissioner Bourbeau to approve the Agenda. Motion passed 6:0 by a roll-call vote. PUBLIC COMMENT None Chairperson Dariz closed the Public Comment period. 1 PC Draft Action Minutes of 10/6/15 Page 2 of 5 ITEM NUMBER: 1 DATE: 10-20-15 PLANNING COMMISSION BUSINESS None CONSENT CALENDAR 1. APPROVAL OF DRAFT ACTION MINUTES OF AUGUST 4, 2015 MOTION: By Commissioner Schmidt and seconded by Commissioner Bourbeau to approve the consent calendar, with one minor change to eliminate the duplicate title “Ex Parte Communications” on Page 3. Motion passed 5:0 by a roll-call vote. (Seay abstained) INTRODUCTIONS Assistant Planner Castillo introduced Phil Dunsmore, new Community Development Director. PUBLIC HEARINGS 2. PLN 2015-1565, CONDITIONAL USE PERMIT 2015-0294 FOR 9900 EL CAMINO REAL (DRIVE-THROUGH) Contract Planner Banister gave the staff report. Property Owner/Applicant: David Silva, 490 Vaquero Road, Templeton, CA 93465 Project Title: PLN 2015-1565 / CUP 2015-0294 Project Location: 9900 El Camino Real, Atascadero, CA 93422 (San Luis Obispo County) APN 056-081-031 Project Description: The project consists of an application for a Conditional Use Permit to allow the use of an existing drive-through by a commercial business selling tea. General Plan Designation: General Commercial (GC) Zoning District: Commercial Neighborhood (CN) Proposed Environmental Determination: The project is categorically exempted from CEQA under Section 15301: Existing Facilities. Staff Recommendation: The Planning Commission adopt PC Resolution 2015-A approving Conditional Use Permit 2015-029. 2 PC Draft Action Minutes of 10/6/15 Page 3 of 5 ITEM NUMBER: 1 DATE: 10-20-15 EX PARTE COMMUNICATIONS Commissioner Bourbeau went by the site today and was unaware they were already open, and walked in and met the owner. Contract Planner Banister and Community Development Department Director Dunsmore answered questions from the Commission. Ms. Banister said that the permit runs with the land, so if Wilwand were to leave some day, another tenant could use the drive-through facility, as long as they stay under the 2500 sf of space. If it does change for a larger project in the future, it would come back as an Amendment. PUBLIC COMMENT The following person spoke on this item: David Silva. Mr. Silva is satisfied with all the conditions and spoke about the easement for ingress/egress on the Chalk Mountain Liquor site. Chairperson Dariz closed the Public Comment period. MOTION: By Commissioner Bourbeau and seconded by Commissioner Schmidt to adopt PC Resolution 2015- 0027 approving PLN 2015-1565/CUP 2015-0294 to allow the use of a drive-through facility at 9900 El Camino Real, based on findings and subject to conditions of approval. Motion passed 6:0 by a roll-call vote. 3. PLN 2015-1553, CONDITIONAL USE PERMIT 2015-0291 FOR 8055 EL CAMINO REAL Property Owner: EHA Atascadero, LLC, 1030 Country Club Drive, Ste. E, Moraga, CA 94556 Applicant: Tricia Knight, 123 Seacliff Dr., Pismo Beach, CA 93449 Project Title: PLN 2015-1553 / CUP 2015-0291 – Verizon Wireless Microcell Site Project Location: 8055 El Camino Real, Atascadero, CA 93422 (San Luis Obispo County) APN 031-141-078 Project Description: The project consists of a proposed wireless telecommunications facility to be added to an existing commercial-retail building (Chase Bank). The microcell facility includes the following:  One (1) new antenna proposed on top of roof architectural tower;  Two (2) new wireless equipment cabinets. The maximum height of the proposed antenna is three (3) feet, two (2) inches and would 3 PC Draft Action Minutes of 10/6/15 Page 4 of 5 ITEM NUMBER: 1 DATE: 10-20-15 Assistant Planner Castillo gave the staff report. EX PARTE COMMUNICATIONS None Assistant Planner Castillo answered questions from the Commission. As part of the project, Verizon will be getting easements done , and recorded as part of the approvals. A microcell will be there to boost the reception and boost the ability to maintain data speed. The following person spoke on this item: Jessica Rider. Ms. Rider answered questions from the Commission. Chairperson Dariz closed the Public Comment period. MOTION: By Commissioner Schmidt and seconded by Commissioner Bourbeau to adopt PC Resolution 2015-A approving PLN 2015-1553/CUP 2015-0291 approving the installation of a new wireless cellular communications facility in the Commercial Professional (CP) zone located at 8055 El Camino Real, based on findings and subject to conditions of approval. Motion passed 6:0 by a roll-call vote. COMMISSIONER COMMENTS AND REPORTS None extend past the existing roof peak. Additional wireless cabinets would be mounted on the wall, however, these would be masked by the building façade. An additional 88 square foot equipment area would be constructed on the roof with equipment cabinets screened from the public view shed. General Plan Designation: General Commercial (GC) Zoning District: Commercial Retail (C-R) Proposed Environmental Determination: Proposed CEQA Categorical Exemption 15303 and 3. Staff Recommendation: Planning Staff recommends Planning Commission adopt Resolution PC 2015-A approving the installation of a new wireless cellular communications unmanned facility in the Commercial Retail (CR) Zone located at 8055 El Camino Real, based on findings and subject to conditions of approval. 4 PC Draft Action Minutes of 10/6/15 Page 5 of 5 ITEM NUMBER: 1 DATE: 10-20-15 DIRECTORS REPORT Community Development Director Dunsmore stated that the next Planning Commission meeting will be held on October 20, 2015. Assistant Planner Castillo gave an update on the Corporation for Better Housing project. They will begin construction in the next to 6-9 months. Assistant Planner Castillo answered a question in regards to the sale of the old Atascadero Library building. ADJOURNMENT – 7:45 p.m. The next regular meeting of the Planning Commission is scheduled for October 20, 2015, at 7:00 p.m. at City Hall, Council Chambers, 6500 Palma Avenue, Atascadero. MINUTES PREPARD BY: _____________________________ Annette Manier, Recording Secretary 5 6 ITEM NUMBER: ITEM NUMBER: 2 DATE: 10-20-15 Atascadero Planning Commission Staff Report – Community Development Department Katie Banister, Contract Planner, 470-3480, kbanister@atascadero.org PLN 2015-1568 Tree Removal Permit 2015-0190 PLN 2015-1569 Tree Removal Permit 2015-0191 7370 and 7380 El Camino Real SUBJECT: The project is a request to remove one 55-inch diameter coast live oak tree, and one 55-inch diameter valley oak in the vehicle display area of Miles Motors on El Camino Real. The project arborist reports the trees are diseased, and should be removed. RECOMMENDATION: Staff Recommends: The Planning Commission adopt Resolution PC 2015-A to allow the removal of one diseased valley oak tree with a 55-inch diameter, and PC 2015-B to allow the removal of one diseased coast live oak tree with a 55-inch diameter, subject to replanting mitigation and conditions of approval. Situation and Facts: PLN 2015-1568 / TRP 2015-0190 1. Property Owner: Ted Miles 7380 El Camino Real Atascadero, CA 93422 2. Project Address: 7380 El Camino Real Atascadero, CA 93422 APN 030-222-034 3. Certified Arborist: Steven G. Alvarez, A & T Arborists P.O. Box 1311, Templeton CA 93465 3. 4. General Plan Designation: Service Commercial (SC) 7 ITEM NUMBER: ITEM NUMBER: 2 DATE: 10-20-15 5. Zoning District: Commercial Service (CS) 6. Site Area: Approximately 0.47 acres 7. Existing Use: Auto Dealer PLN 2015-1569 / TRP 2015-0191 1. Property Owner: Dan Croom P.O. Box 725 Templeton, CA 93465 2. Project Address: 7370 El Camino Real Atascadero, CA 93422 APN 030-222-036 3. Certified Arborist: Steven G. Alvarez, A & T Arborists P.O. Box 1311, Templeton CA 93465 3. 4. General Plan Designation: Service Commercial (SC) 5. Zoning District: Commercial Service (CS) 6. Site Area: Approximately 0.41 acres 7. Existing Use: Auto Dealer BACKGROUND: Ted Miles Motors has been in operation as an auto dealership since 1975. There are at least three large oak trees currently located on the properties that house the car dealership. The City has received applications to remove the two trees in the sales lot: a valley oak tree and a coast live oak tree. ANALYSIS: The first tree proposed for removal is a 55 foot-tall, 55 inch diameter valley oak tree located behind the sales office at 7380 El Camino Real. The project arborist describes the tree as semi-mature with generally symmetric form, and normal foliage color and density. Visual observation by City staff confirms the tree appears healthy and vigorous. The canopy is full and the tree appears accustomed to the asphalt covering its critical root zone. However, the arborist judges the tree a high hazard. The tree leans 15 degrees from vertical and has scale, cavity decay and excessive end weight in 8 ITEM NUMBER: ITEM NUMBER: 2 DATE: 10-20-15 its branches. The owner of the car dealership reports a previous limb failure damaged a vehicle in the lot and grazed the wall of the sales office. Due to the otherwise healthy appearance of the tree, and its noticeable appearance close to the El Camino Real corridor, staff has provided an alternative for the Commission’s consideration which includes potential further evaluation of this significant tree. Aerial Photograph The second tree proposed for removal is a 35-foot tall, 55 inch coast live oak tree at 7370 El Camino Real, about 70 feet behind the valley oak. This tree also leans 15 degrees from vertical and show signs of decay in the plane of the lean. Unlike the valley oak, the coast live oak tree is senescent, or over-mature. The foliage is necrotic and portions of the canopy are dead. The tree is infected with scale and the project Coast live oak tree Valley oak tree Sales office 9 ITEM NUMBER: ITEM NUMBER: 2 DATE: 10-20-15 arborist also suspects root rot. Ground squirrels have created holes in the soil around the tree. The arborist notes the applicant would like to place automobiles and other equipment where the tree is located Atascadero Municipal Code (AMC) Section 9-11.105 requires Planning Commission approval for tree removal permits for native trees greater than 24-inches DBH. The tree removal permit fee has been waived for both applications due to the diseased condition of the trees. Tree Mitigation The Native Tree Ordinance requires mitigation for all trees approved for removal. The applicants can make mitigation by one of the following three methods: plant native trees on site, pay mitigation fees to the Tree Replacement Fund, or establish of a conservation easement on a designated portion of the property. If the applicants opt for replanting, the total required mitigation, based on the size of the trees proposed for removal, is fifty-five (55) 5-gallon native trees. The Native Tree Ordinance also requires paying in advance for three site visits over a four year establishment period for replanted trees, a fee of $366. Alternatively, the applicants may make a payment of $2,750 to the tree fund. Some combination of these mitigation measures is also allowed. The site conditions do not indicate a tree conservation easement would be appropriate on this property. Planning Staff recommends the applicant plant a minimum of four native trees on-site, and choose the most appropriate method for the remaining required mitigation. 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. (i) The tree is dead, diseased or injured beyond reclamation, as certified by a tree condition report from an arborist. Staff Comment: The project arborist has given both trees a failure potential score of 12, the most hazardous rating on the scale. The trees have been determined diseased and should be removed to protect life and property. CONCLUSIONS: A certified arborist has determined that the two subject native oaks trees are in poor condition, which creates a potential hazard for customers, employees and property on the Ted Miles auto dealer sales lot. Based on the arborist’s evaluation and above analysis, findings can be made to approve the requested removal, subject to the required mitigation. Bond payment for tree #31, impacted 45% : 10 ITEM NUMBER: ITEM NUMBER: 2 DATE: 10-20-15 ALTERNATIVES: 1. The Commission may adopt Resolutions PC 2015-A and PC 2015-B. 2. The Commission may approve the removal of the coast live oak tree (Resolution PC 2015-B for TRP 2015-0191) and reject the removal of the valley oak tree (Resolution PC 2015-A for TRP 2015-0290), pending further study of the healthier tree. 3. The Commission may amend, modify or reject the projects and/or conditions of approval. 4. The Commission may determine that more information is needed on some aspect of the project and may refer the item back to the applicant and staff to develop the additional information. The Commission should clearly state the type of information that is required and move to continue the item to a future date. ATTACHMENTS: Attachment 1 – Location and Zoning Map Attachment 2 – Site Photos Attachment 3 – Arborist Tree Hazard Mitigation Form for valley oak Attachment 4 – Arborist Tree Hazard Mitigation Form for coast live oak Attachment 5 – Draft Resolution PC 2015-A Attachment 6 – Draft Resolution PC 2015-B t:\- 15 plns\pln 2015-1568 and 1569 trp ted miles\pln 2015-1568 -1569 trp ted miles sr_kb.docx 11 12 ITEM NUMBER: ITEM NUMBER: 2 DATE: 10-20-15 ATTACHMENT 1: Location and Zoning Map PLN 2015-1568 and 2015-1569 / TRP 2015-0190 and 2015-0191 Surrounding Zoning North: Commercial Retail (CR) East: Commercial Retail (CR) South: Commercial Service (CS) West: Commercial Service (CS) Highway 101 7370 and 7380 El Camino Real 13 ITEM NUMBER: ITEM NUMBER: 2 DATE: 10-20-15 ATTACHMENT 2: Site Photos PLN 2015-1568 and 2015-1569 / TRP 2015-0190 and 2015-0191 Location of 49” coast live oak tree proposed for removal Valley oak tree at 7380 El Camino Real 14 ITEM NUMBER: ITEM NUMBER: 2 DATE: 10-20-15 Coast live oak tree at 7370 El Camino Real 15 ITEM NUMBER: ITEM NUMBER: 2 DATE: 10-20-15 Valley oak street tree, not proposed for removal Landscaping along El Camino Real 16 ITEM NUMBER: ITEM NUMBER: 2 DATE: 10-20-15 Landscaping along Highway 101, at rear of property 17 18 ITEM NUMBER: ITEM NUMBER: 2 DATE: 10-20-15 ATTACHMENT 3: Arborist Tree Hazard Evaluation Form – Valley Oak PLN 2015-1568 / TRP 2015-0190 19 ITEM NUMBER: ITEM NUMBER: 2 DATE: 10-20-15 20 ITEM NUMBER: ITEM NUMBER: 2 DATE: 10-20-15 ATTACHMENT 4: Arborist Tree Hazard Evaluation Form – Coast Live Oak PLN 2015-1569 / TRP 2015-0191 21 ITEM NUMBER: ITEM NUMBER: 2 DATE: 10-20-15 22 ITEM NUMBER: ITEM NUMBER: 2 DATE: 10-20-15 ATTACHMENT 3: Draft Resolution PC 2015-A PLN 2015-1568 / TRP 2015-0190 DRAFT RESOLUTION NO. PC 2015-A A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING PLN 2015-1568 / TRP 2015-0190, TO ALLOW THE REMOVAL OF ONE (1) VALLEY OAK TREE WITH A DIAMETER OF 55-INCHES (7380 EL CAMINO REAL / MILES) WHEREAS, an application was received from A & T Arborists, PO Box 1311, Templeton, California 93465 (applicant), and by Ted Miles, 7380 El Camino Real, Atascadero, CA 93422 (owner), for a Tree Removal Permit to remove one (1) diseased valley oak tree totaling 55-inches DBH located at 7380 El Camino Real; and WHEREAS, the Planning Commission reviewed the proposed Tree Removal Permit application on October 20, 2015, 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 October 20, 2015, resolved to approve Tree Removal Permit 2015- 0190, subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Tree Mitigation Worksheet 23 ITEM NUMBER: ITEM NUMBER: 2 DATE: 10-20-15 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: ( ) ABSTAINED: ( ) ADOPTED: CITY OF ATASCADERO, CA _________________________________________ Mark Dariz Planning Commission Chairperson ATTEST: ___________________________________ Phil Dunsmore Planning Commission Secretary 24 ITEM NUMBER: ITEM NUMBER: 2 DATE: 10-20-15 EXHIBIT A: Conditions of Approval PLN 2015-1568 / TRP 2015-0190 Conditions of Approval PLN 2015-1568 / TRP 2015-0190 7380 El Camino Real APN 030-222-034 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, current owner 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 with a combination of on-site tree replanting and payment into the City of Atascadero Tree Replacement Fund. At least two 15-gallon valley oak trees shall be planted on-site. Remaining mitigation can be made by: - Payment of $1633.33 to the Atascadero Tree Replacement Fund; or - Some approved combination of replanting and fund payment. Tree removal PS 4. The applicant shall provide drip irrigation to tree replanting sites until trees are established. Tree replanting PS 5. Before the tree is removed, the owner or applicant shall: - Provide a tree replanting plan, made in consultation with a certified arborist, showing proposed species and location of replanting, and irrigation to be approved by City staff; and/or, - Make appropriate payment to the Tree Replacement Fund. Tree removal PS 6. The applicant shall pay $366 for three site inspections to be made by Planning Services staff over a four year establishment period. Tree removal PS 25 ITEM NUMBER: ITEM NUMBER: 2 DATE: 10-20-15 EXHIBIT B: Native Tree Mitigation Worksheet PLN 2015-1568 / TRP 2015-0190 Evergreen Native Trees (inches)Deciduous Native Trees (inches)Totals dbh notes dbh notes 1 1 55-inches valley oak 2 2 3 3 4 4 5 5 6 6 Total 0-inches Total 55-inches 55-inches Mitigation Requirement req'd tree replacements:0 five gal trees req'd tree replacements:37 five gal trees 37 five gal trees Proposed Replanting 0 five gal trees Proposed Replanting 0 five gal trees 0 five gal trees 0 box trees (24'')2 box trees (24'')2 box trees (24'') Remaining Mitigation 0 five gal trees Remaining Mitigation 33 five gal trees 33 five gal trees Tree Fund Payment:-$ Tree Fund Payment:1,633.33$ 1,633.33$ Bond payment for tree #31, impacted 45% : 26 ITEM NUMBER: ITEM NUMBER: 2 DATE: 10-20-15 ATTACHMENT 4: Draft Resolution PC 2015-B PLN 2015-1569 / TRP 2015-0191 DRAFT RESOLUTION NO. PC 2015-B A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING PLN 2015-1569 / TRP 2015-0191, TO ALLOW THE REMOVAL OF ONE (1) COAST LIVE OAK TREE WITH A DIAMETER OF 55-INCHES (7370 EL CAMINO REAL / CROOM) WHEREAS, an application was received from A & T Arborists, PO Box 1311, Templeton, California 93465 (applicant), and by Don Croom, PO Box 725, Templeton, CA 93465 (owner), for a Tree Removal Permit to remove one (1) diseased coast live oak tree totaling 55-inches DBH located at 7370 El Camino Real; and WHEREAS, the Planning Commission reviewed the proposed Tree Removal Permit application on October 20, 2015, 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 October 20, 2015, resolved to approve Tree Removal Permit 2015- 0191, subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Tree Mitigation Worksheet 27 ITEM NUMBER: ITEM NUMBER: 2 DATE: 10-20-15 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: ( ) ABSTAINED: ( ) ADOPTED: CITY OF ATASCADERO, CA _________________________________________ Mark Dariz Planning Commission Chairperson ATTEST: ___________________________________ Phil Dunsmore Planning Commission Secretary 28 ITEM NUMBER: ITEM NUMBER: 2 DATE: 10-20-15 EXHIBIT A: Conditions of Approval PLN 2015-1569 / TRP 2015-0191 Conditions of Approval PLN 2015-1569 / TRP 2015-0191 7370 El Camino Real APN 030-222-036 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 7. 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 8. The applicant, current owner 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 9. The applicant shall mitigate the tree removal with a combination of on -site tree replanting and payment into the City of Atascadero Tree Replacement Fund. At least two 15-gallon oak trees shall be planted on-site. Remaining mitigation can be made by: - Payment of $716.67 to the Atascadero Tree Replacement Fund; or - Some approved combination of replanting and fund payment. Tree removal PS 10. The applicant shall provide drip irrigation to tree replanting sites until trees are established. Tree replanting PS 11. Before the tree is removed, the owner or applicant shall: - Provide a tree replanting plan, made in consultation with a certified arborist, showing proposed species and location of replanting, and irrigation to be approved by City staff; and/or, - Make appropriate payment to the Tree Replacement Fund. Tree removal PS 29 ITEM NUMBER: ITEM NUMBER: 2 DATE: 10-20-15 EXHIBIT B: Native Tree Mitigation Worksheet PLN 2015-1569 / TRP 2015-0191 Evergreen Native Trees (inches)Deciduous Native Trees (inches)Totals dbh notes dbh notes 1 55-inches coast live oak 1 2 2 3 3 4 4 5 5 6 6 Total 55-inches Total 0-inches 55-inches Mitigation Requirement req'd tree replacements:18 five gal trees req'd tree replacements:0 five gal trees 18 five gal trees Proposed Replanting 0 five gal trees Proposed Replanting 0 five gal trees 0 five gal trees 2 box trees (24'')0 box trees (24'')2 box trees (24'') Remaining Mitigation 14 five gal trees Remaining Mitigation 0 five gal trees 14 five gal trees Tree Fund Payment:716.67$ Tree Fund Payment:-$ 716.67$ Bond payment for tree #31, impacted 45% : 30