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HomeMy WebLinkAboutPC_2018-02-06_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, February 6, 2018 6:00 P.M. Historic City Hall Council Chambers 6500 Palma Avenue, 4th Floor Atascadero, California 93422 CALL TO ORDER Pledge of Allegiance Roll Call: Chairperson Duane Anderson Vice Chairperson Jerel Seay Commissioner Ryan Betz Commissioner Mark Dariz Commissioner Josh Donovan Commissioner Jan Wolff Commissioner Tom Zirk 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.) 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 MINUTES OF PLANNING COMMISSION MEETING ON JANUARY 16, 2018 City of Atascadero Planning Commission Agenda Regular Meeting, Feb. 6, 2018 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 PLANNING COMMISSION BUSINESS A. Election of Chairperson and Vice Chairperson The Commission will select a Chairperson and Vice Chairperson. COMMUNITY DEVELOPMENT STAFF REPORTS 2. PLN 2017-1671, TREE REMOVAL PERMIT FOR 8390 SANTA YNEZ AVE. 3. PLN 2018-1683, TREE REMOVAL FOR 9425 BARRANCO ROAD Property Owner: Mekhail Aloush Representative: Nelson Bernal, NRB Drafting Certified Arborist: Whit’s Turn Tree Care, PO Box 1724, Templeton, CA 93465 Project Title: PLN 2017-1671 – Tree Removal Permit Project Location: 8390 Santa Ynez Ave., Atascadero, CA (San Luis Obispo County) APN 031-291-039 Project Description: The applicant requests to remove a 40-inch diameter California Black Walnut tree. The proposed project includes construction of two (2) new detached residential units on a multi-family lot. There is one existing residence onsite which will remain. A carport is proposed to be attached at the existing residence to provide covered parking. Proposed Environmental Determination: Categorical Exemption CEQA City Staff: Callie Taylor, Senior Planner, ctaylor@atascadero.org, Phone: (805) 470-3448. Recommendation: Staff recommends that the Planning Commission adopt PC Resolution 2018-A approving Tree Removal Permit 2018-0218. Property Owner: Robert Emslie Certified Arborist: Whit’s Turn Tree Care, PO Box 1724, Templeton, CA 93465 Project Title: PLN 2018-1683 – Tree Removal Permit Project Location: 9425 Barranco Rd., Atascadero, CA (San Luis Obispo County) APN 054-311-016 Project Description: The applicant requests to remove a 36” Valley Oak tree adjacent to the project area where the applicant has applied for a building permit to repair and reconstruct existing decks and patio areas surrounding the existing residence. Proposed Environmental Determination: No Project – Ministerial Project City Staff: Kelly Gleason, Senior Planner, kgleason@atascadero.org, Phone: (805) 470-3446. Recommendation: Staff recommends that the Planning Commission adopt PC Resolution 2018 -A recommending approval of Tree Removal Permit 2018-0220. City of Atascadero Planning Commission Agenda Regular Meeting, Feb. 6, 2018 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 PUBLIC HEARINGS NONE COMMISSIONER COMMENTS AND REPORTS DIRECTOR’S REPORT ADJOURNMENT The next regular meeting will be on February 20, 2018, at 6:00 p.m. 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, Feb. 6, 2018 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 6:00 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 m eeting 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 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 Minutes of 1/16/18 Page 1 of 4 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting – Tuesday, January 16, 2018 – 6:00 P.M. City Hall Council Chambers 6500 Palma Avenue, Atascadero, California CALL TO ORDER - 6:03 p.m. Chairperson Anderson called the meeting to order at 6:0 3 p.m. and Commissioner Wolff led the Pledge of Allegiance. ROLL CALL Present: Commissioners Betz, Dariz, Donovan, Zirk, Wolff, Vice Chairperson Seay, and Chairperson Anderson Absent: None Others Present: Recording Secretary, Annette Manier Staff Present: Community Development Director, Phil Dunsmore APPROVAL OF AGENDA MOTION: By Commissioner Dariz and seconded by Commissioner Donovan to approve the Agenda. Motion passed 7:0 by a roll-call vote. PUBLIC COMMENT None Chairperson Anderson closed the Public Comment period. CONSENT CALENDAR 1. APPROVAL OF DRAFT MINUTES OF PLANNING COMMISSION MEETING ON DECEMBER 5, 2017 Recording Secretary Manier explained that during the last meeting, the Amendment to Condition 19 was approved in PC Resolution 2017 -C, but the same condition also ITEM NUMBER: 1 DATE: 2-6-18 1 PC Draft Minutes of 1/16/18 Page 2 of 4 appears in PC Resolution 2017-D; therefore, the minutes should reflect that the Amendment affects the same condition in both resolutions. Additionally, the motion passed 7:0, not 5:0. MOTION: By Commissioner Zirk and seconded by Vice Chairperson Seay to approve the Consent Calendar, with a change in the motion for PC Resolution 2017-C to add "and Page 140," and a change in the motion for PC Resolution 2017-D to include the same Amendment wording as stated in PC Resolution 2017-C. Also, the Motion shall read 7:0 instead of 5:0. Motion passed 7:0 by a roll-call vote. PLANNING COMMISSION BUSINESS None COMMUNITY DEVELOPMENT STAFF REPORTS None PUBLIC HEARINGS DISCLOSURE OF EX PARTE COMMUNICATIONS: Prior to a project hearing, Planning Commission Members must disclose any communications they have had on any quasi-judicial agenda items. This includes, but is not limited to, Tentative Subdivision Maps, Parcel Maps, Variances, Conditional Use Perm its, and Planned Development Permits. This does not disqualify the Planning Commission Member from participating and voting on the matter, but gives the public and applicant an opportunity to comment on the ex parte communication. (For each of the following items, the public will be given an opportunity to speak. After a staff report, the Chair will open the public hearing and invite the applicant or applicant’s representative to make any comments. Members of the public will be inv ited to provide testimony to the Commission following the applicant. Speakers should state their name for the record and can address the Com mission for three minutes. After all public comments have been received, the public hearing will be closed, and th e Commission will discuss the item and take appropriate action(s).) 2. PLN 2015-1571, ZONING ORDINANCE TEXT UPDATES Applicant: City of Atascadero, 6500 Palma Ave., Atascadero, CA 93422 Project Title: PLN 2015-1571 – Downtown Zoning Text Amendments Project Location: Downtown, Atascadero, CA, (San Luis Obispo County) Project Description: Zoning Ordinance Text Updates to Title 9 of the Atascadero Municipal Code including amendments to require a Conditional Use Permit for ground floor office and health care services and to prohibit ground floor residential uses within specific locations within the Downtown Commercial Zoning District, and clarifying the required setback on West Mall. Proposed Environmental Determination: The California Environmental Quality Act (CEQA) Section 15061.(3), (b) exempts activities which are covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The proposed text amendment will not have any significant adverse environmental impacts associated with this project application. 2 PC Draft Minutes of 1/16/18 Page 3 of 4 EX PARTE COMMUNICATIONS Commissioner Zirk met with some business owners around Sunken Gardens who were asking questions. Community Development Director Dunsmore gave the staff report and answered questions from the Commission. He stated that a change of ownership (or selling your practice) would not be impacted by the proposed ordinance amendment. Director Dunsmore stated that if this project were approved, it would be heard by the City Council with a tentative date of February 13, 2018. Commissioner Seay asked for the following corrections to be made in the staff report: On Page 19, Item 2, Exhibit B, Item 5 is missing from the list for Note 10. On Page 21, under Front, the words East and West Mall should be added. On Page 21, under Sides, the word Mall should be added after the word East. Commissioners agreed that the proposed ordinance amendment would not impact buildings that were damaged because of a natural disaster, allowing them to rebuild without having to obtain a use permit to replace an office. PUBLIC COMMENT The following members of the public spoke during public comment: Scott Martin, Dr. John Anderson, Barbara Nunez, Laurie Ferguson, Dr. Brack Linscott, Marina Cagnina, Susan Funk, Nick Mattson, Karen McNamara, Dr. Matthew Coons, Zoe Arkfeld, and Dr. Lawrence Guittard. An email received from Annie Weyrich was distributed to the Commission prior to the meeting (Exhibit A). Dr. John Anderson requested that the Commission consider adding specific clarification that in the event of natural disaster, or if the building had to be rebuilt, a use permit would not be required. Karen McNamara requested that the Commission grant the Printery Building ground floor residential temporary occupancy until the Printery is open and operable, due to vandalism. Chairperson Anderson closed the Public Comment period. Director Dunsmore answered questions concerning the concept of incentivizing businesses to move elsewhere, suggested that the Commission revisit this topic once per City Staff: Kelly Gleason, Senior Planner, kgleason@atascadero.org, Phone: (805) 470 -3446. Recommendation: Staff recommends that the Planning Commission adopt PC Resolution 2018-A recommending the City Council introduce an Ordinance for first reading, by title only, to approve PLN 2015-1571, zoning standard amendments to the Downtown Commercial Zoning District, based on findings. 3 PC Draft Minutes of 1/16/18 Page 4 of 4 year, and explained to Ms. McNamara that a caretaker’s unit in the Printery temporarily, would be an allowed use. Commissioner Zirk stated that this code change is for a large area, when it should only apply to Sunken Gardens. He stated that we are not experiencing the same issues on El Camino Real, Entrada, or Traffic Way and should not restrict these areas. Director Dunsmore addressed Commissioner Zirk’s comments, and the Commission discussed the areas that would be affected. MOTION: By Vice Chairperson Seay and seconded by Commissioner Betz recommending that the City Council introduce an Ordinance for first reading, by title only, to approve PLN 2015- 1571, to require a Conditional Use Permit for new office and health care uses located on the ground floor within key locations within the Downtown Commercial Zoning District and to modify the setback standards for West Mall, based on findings, and to add language that states businesses that are affected by natural disasters will be able to remain and rebuild their offices. Motion passed 6:0 by a roll-call vote. (Zirk abstained) COMMISSIONER COMMENTS AND REPORTS None DIRECTOR’S REPORT Community Development Director announced that the next meeting is scheduled for February 6, 2018. Upcoming projects on future agendas will include a small parcel map for the Creekside building and a drive-through coffee shop. Director Dunsmore gave an update on the former Carl’s Jr. Sign, and the old Coco’s site. ADJOURNMENT – 7:52 p.m. The next Regular meeting of the Planning Commission is scheduled for February 6, 2018, at 6:00 p.m. at City Hall, Council Chambers, 6500 Palma Avenue, Atascadero. MINUTES PREPARED BY: ____________________________ Annette Manier, Recording Secretary Administrative Assistant The following Exhibit is available in the Community Development Department: Email from Annie Weyrich 4 ITEM 2 | 2/6/2018 Tree Removal Permit PLN 2017-1671 / Aloush ADDITIONAL INFORMATION MAY BE OBTAINED BY CONTACTING THE ATASCADERO COMMUNITY DEVELOPMENT DEPARTMENT AT http://www.atascadero.org 6500 PALMA AVENUE | ATASCADERO, CA 93422 | (805) 461-5000 Atascadero Planning Commission Staff Report – Community Development Department PLN 2017-1671 Tree Removal Permit for Multi-family Development RECOMMENDATION: Staff recommends the Planning Commission adopt PC Resolution 2018-A approving Tree Removal Permit 2017-0218 to allow the removal of one (1) 40” native black walnut tree, based on findings and subject to mitigation. Project Info In-Brief: PROJECT ADDRESS: 8390 Santa Ynez Atascadero, CA APN 031-291-039 PROJECT PLANNER Callie Taylor, Senior Planner 470-3448 ctaylor@atascadero.org PROPERTY OWNER / APPLICANT Mekhail Aloush, owner & Nelson Bernal, applicant ARBORIST Whit’s Turn Tree Care, PO Box 1784, Templeton, CA 93465 GENERAL PLAN DESIGNATION: ZONING DISTRICT: SITE AREA EXISTING USE PROPOSED USE Medium Density Residential (MDR) Residential Multi- Family (RMF-10) 0.366 acres One existing residence 2 new detached multi- family units ENVIRONMENTAL DETERMINATION ☐ Environmental Impact Report SCH: ___________________________ ☐ Negative / Mitigated Negative Declaration No. ___________ ☒ Categorical Exemption CEQA – Guidelines Section 15303 ☐ Statutory Exemption §§ 21000, et seq & ________________________ ☐ No Project – Ministerial Project 5 ITEM 2 | 2/6/2018 Tree Removal Permit PLN 2017-1671 / Aloush Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero DISCUSSION: Existing Surrounding Uses / Parcel Configurations: Existing Zoning Existing Aerial / Surrounding North: South: East: West: Multi-family residential (RMF-10) RMF-20, Commercial (CP & CR) Atascadero Creek and single-family residential Commercial Professional / offices / Highway 41 Summary: The proposed project includes construction of two (2) new residentia l units on a multi- family lot, which will require the removal of one (1) 40” DBH black walnut tree. Analysis: The subject black walnut tree is located in the backyard, towards the center of the existing lot. The tree must be removed in order to develop the back half of the parcel. Black walnuts often grow around creeks and riparian areas. T he subject parcel backs up to the creek reservation and the tree is located approximately 150-200 feet from Atascadero Creek. Several other non-native trees will be removed with the proposed development. All other native trees on-site will be protected and preserved during construction. On January 24, 2018, DRC reviewed the proposed site plan and elevation design for the new multifamily development. The DRC recommended approval of the proposed project, subject to minor modifications to the site and building designs. 6 ITEM 2 | 2/6/2018 Tree Removal Permit PLN 2017-1671 / Aloush Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Proposed Site Plan: 8390 Santa Ynez 40” Black Walnut proposed for removal 2 new detached residences proposed Existing residence proposed 40” Black Walnut proposed for removal 7 ITEM 2 | 2/6/2018 Tree Removal Permit PLN 2017-1671 / Aloush Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero The 40” DBH black walnut tree has been observed by the project arborist and given a tree condition of 6 on a scale of 1 to 10. The arborist notes that th e tree is not in good condition, and appears to have some structural defects from poor pruning. 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. Based on the species and diameter of the trees, 27 5-gallon native trees are required for replanting. Alternatively, the applicant may choose to pay $1,333.33 to the City’s tree mitigation fund. A combination of planting and payment of fees can also be allowed as mitigation. ENVIRONMENTAL DETERMINATION: The project qualifies for a Class 3 CEQA exemption (CEQA Guidelines §15303) for new construction of a limited number of small structures. FINDINGS: In considering any tree removal request, the Planning Commission must make at least one of the required findings. Staff has identified the following finding as appropriate for the application request. The findings and the facts to support these findings are included in the attached resolution (Attachment Number 2). i. 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: (a) Early consultation with the City, (b) Consideration of practical design alternatives, (c) Provision of cost comparisons (from applicant) fo r practical design alternatives 8 ITEM 2 | 2/6/2018 Tree Removal Permit PLN 2017-1671 / Aloush Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ALTERNATIVES: 1. The Planning Commission may include modifications to the project and/or Conditions of Approval for the project. Any proposed modifications, including Conditions of Approval, should be clearly re-stated in any vote on any of the attached resolutions. 2. The Planning 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. A motion, and approval of that motion, is required to continue the item to a future date. 3. The Planning Commission may deny the project. The Commission must specify what findings cannot be made, and provide a brief oral statement, based on the Staff Report, oral testimony, site visit, correspondence, or any other rationale introduced and deliberated by the Planning Commission. ATTACHMENTS: 1. Arborist Report 2. Draft Resolution PC 2018-A 9 ITEM 2 | 2/6/2018 Tree Removal Permit PLN 2017-1671 / Aloush Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHMENT 1: Arborist’s Report PLN 2017-1671 / TRP 2017-0218 10 ITEM 2 | 2/6/2018 Tree Removal Permit PLN 2017-1671 / Aloush Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHMENT 2: Draft Resolution PC 2018-A PLN 2017-1671 / TRP 2017-0218 DRAFT RESOLUTION NO. PC 2018-A A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING THE REMOVAL OF ONE (1) NATIVE BLACK WALNUT TREE TOTALING 40-INCHES DIAMETER (DBH) PLN 2017-1671 / TRP 2017-0218 8390 SANTA YNEZ (APN 031-291-039) WHEREAS, an application was received from Nelson Bernal, NRB Drafting, 2121 Pine Street “A”, Paso Robles, CA 93446 (Representative), Mekhail Aloush, 8390 Santa Ynez Atascadero, CA 93422 (Owner), and Whit’s Turn Tree Care, PO Box 1784, Templeton, CA 93465 (Arborist), for a Tree Removal Permit to remove one (1) native black walnut tree totaling forty (40) inches DBH; and WHEREAS, the Planning Commission reviewed the proposed Tree Removal Permit application on February 6, 2018, at 6:00 p.m. and considered testimony and reports from staff, the applicants, and the public. NOW THEREFORE, the Planning Commission of the City of Atascadero, California takes the following actions; and, 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: a. Early consultation with the City, b. Consideration of practical design alternatives, c. Provision of cost comparisons (from applicant) for practical design alternatives, d. If saving tree eliminates all reasonable use of the property, or e. If saving the tree requires the removal of more desirable trees. Fact: The subject parcel is located in the multifamily zone, which allows up to 4 units to be constructed on the 0.366 acre RMF-10 parcel. The black walnut tree is located towards the center of the parcel; therefore, the lot cannot be developed with additional multifamily units and the associated parking and driveway access, unless the tree is removed. SECTION 2. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on February 6, 2018 resolved to approve Tree Removal Permit 2017-0218, subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Required Tree Removal Mitigation EXHIBIT C: Site Plan Bond payment for tree #31, impacted 45% : 11 ITEM 2 | 2/6/2018 Tree Removal Permit PLN 2017-1671 / Aloush Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 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 _______________________________________ Duane Anderson Planning Commission Chairperson ATTEST: ___________________________________ Phil Dunsmore Planning Commission Secretary 12 ITEM 2 | 2/6/2018 Tree Removal Permit PLN 2017-1671 / Aloush Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero EXHIBIT A: Conditions of Approval PLN 2017-1671 / TRP 2017-0218 Conditions of Approval PLN 2017-1671 / TRP 2017-0218 8390 Santa Ynez 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. This Tree Removal Permit shall allow the removal of 1 native black walnut tree identified in Exhibit C at 8390 Santa Ynez, APN 031-291-039, regardless of owner. BP PS 2. 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 that time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. Tree removal PS 3. 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 tree removal. Ongoing 4. The applicant shall not remove the trees until the building permit for the residences or site improvements have been issued, and mitigation deposit has been paid or replanting plan approved. BP PS 5. The owner or applicant shall mitigate the tree removal by replanting 27 5- gallon native trees on-site or paying $1,333.33 to the City’s tree mitigation fund, or a combination thereof, as shown in Exhibit B. Larger box trees may be substituted for five-gallon replacement trees per the Atascadero Native Tree Guidelines. Tree removal PS 6. If tree replanting is selected, the owner or applicant shall provide drip irrigation to new trees until they are established. Any tree replanting proposed as mitigation shall occur before the building permits for the residences can be finaled. BP PS 13 ITEM 2 | 2/6/2018 Tree Removal Permit PLN 2017-1671 / Aloush Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Exhibit B Required Tree Removal Mitigation PLN 2017-1671 / TRP 2017-0218 14 ITEM 2 | 2/6/2018 Tree Removal Permit PLN 2017-1671 / Aloush Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Exhibit C Site Plan PLN 2017-1671 / TRP 2017-0218 15 ITEM 3 | 2/6/2018 Tree Removal Permit PLN 2018-1683 / Emslie ADDITIONAL INFORMATION MAY BE OBTAINED BY CONTACTING THE ATASCADERO COMMUNITY DEVELOPMENT DEPARTMENT AT http://www.atascadero.org 6500 PALMA AVENUE | ATASCADERO, CA 93422 | (805) 461-5000 Atascadero Planning Commission Staff Report – Community Development Department PLN 2018-1683 Tree Removal Permit for Deck and Patio Repair / Reconstruction RECOMMENDATION(S): Staff recommends the Planning Commission adopt PC Resolution 2017-A approving PLN 2018-1683 to allow the removal of one (1) native tree, based on findings and subject to mitigation. Project Info In-Brief: PROJECT ADDRESS: 9425 Barranco Rd. Atascadero, CA APN 054-311-016 PROJECT PLANNER Kelly Gleason, Senior Planner 470-3446 kgleason@atascadero.org PROPERTY OWNER Robert Emslie, 9425 Barranco Rd, Atascadero, CA 93422 ARBORIST Rodney Thurman, Whit’s Turn Tree Care, PO Box 1784, Templeton, CA 93465 GENERAL PLAN DESIGNATION: ZONING DISTRICT: SITE AREA EXISTING USE PROPOSED USE Residential Estate (RE) Residential Suburban (RS) 4.59 acres Residence Residence ENVIRONMENTAL DETERMINATION ☐ Environmental Impact Report SCH: ___________________________ ☐ Negative / Mitigated Negative Declaration No. ___________ ☐ Categorical Exemption CEQA ☐ Statutory Exemption §§ 21000, et seq & ________________________ ☒ No Project – Ministerial Project 16 ITEM 3 | 2/6/2018 Tree Removal Permit PLN 2018-1683 / Emslie Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero DISCUSSION: Existing Surrounding Uses / Parcel Configurations: Existing Zoning Existing Aerial / Surrounding North: South: East: West: Residential Suburban (RS) Residential Suburban (RS) Residential Suburban (RS) Residential Suburban (RS) Analysis: The applicant has applied for a building permit to repair and reconstruct existing decks and patio areas surrounding the existing residence. As part of the building permit process, adjacent trees were analyzed by a certified arborist to ensure appropriate protection measures are put in place during construction. The project arborist noted significant decay and structural issues on the 36” Valley Oak adjacent to the project area . The tree is proposed to be removed. 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 RS 17 ITEM 3 | 2/6/2018 Tree Removal Permit PLN 2018-1683 / Emslie Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero tree fund. Based on the species and diameter of the tree, payment of $600.00 into the City’s tree mitigation fund is required. 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; ALTERNATIVES: 1. The Commission may approve the project with additional or revised project conditions. 2. The Planning 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. A motion, and approval of that motion, is required to continue the item to a future date. 3. The Planning Commission may deny the project. The Commission must specify what findings cannot be made, and provide a brief oral statement, based on the Bond payment for tree #31, impacted 45% : Subject Tree 18 ITEM 3 | 2/6/2018 Tree Removal Permit PLN 2018-1683 / Emslie Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Staff Report, oral testimony, site visit, correspondence, or any other rationale introduced and deliberated by the Planning Commission. ATTACHMENTS: 1. Arborist Report 2. Draft Resolution PC 2018-A 19 ITEM 3 | 2/6/2018 Tree Removal Permit PLN 2018-1683 / Emslie Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHMENT 1: Arborist’s Report PLN 2018-1683 See Following 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 ITEM 3 | 2/6/2018 Tree Removal Permit PLN 2018-1683 / Emslie Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHMENT 2: Draft Resolution PC 2018-A PLN 2018-1683 DRAFT RESOLUTION PC 2018-A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING THE REMOVAL OF ONE (1) 36” VALLEY OAK TREE PLN 2018-1683 9425 BARRANCO ROAD (APN 054-311-016) WHEREAS, an application was received from Robert Emslie, 9425 Barranco Rd., Atascadero, CA 93422 (Owner), and by Rodney Thurman of Whit’s-Turn Tree Care, PO Box 1784, Templeton, CA 93465 (Arborist), for a Tree Removal Permit to remove one (1) native oak tree totaling thirty-six (36) inches DBH; and WHEREAS, the Planning Commission reviewed the proposed Tree Removal Permit application on February 6, 2018, at 6:00 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: (i) The tree is dead, diseased or injured beyond reclamation, as certified by a tree condition report from an arborist; Fact: The applicant has provided an arborist report that determined that the tree proposed for removal is diseased beyond reclamation. SECTION 2. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on February 6, 2018 resolved to approve PLN 2018-1683, subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Required Tree Removal Mitigation EXHIBIT C: Site Plan Bond payment for tree #31, impacted 45% : 36 ITEM 3 | 2/6/2018 Tree Removal Permit PLN 2018-1683 / Emslie Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 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 _________________________________________ Duane Anderson Planning Commission Chairperson ATTEST: ___________________________________ Phil Dunsmore Planning Commission Secretary 37 ITEM 3 | 2/6/2018 Tree Removal Permit PLN 2018-1683 / Emslie Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero EXHIBIT A: Conditions of Approval PLN 2018-1683 Conditions of Approval PLN 2018-1683 9425 Barranco Rd. 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. This Tree Removal Permit shall allow the removal of 1 native oak tree identified in Exhibit C at 9425 Barranco Rd, APN 054-311-016, regardless of owner. BP PS 2. 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 that time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. Tree removal PS 3. 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 tree removal. Ongoing 4. The owner or applicant shall mitigate the tree removal by making a payment of $600.00 to the Atascadero tree mitigation fund. Tree removal PS 38 ITEM 3 | 2/6/2018 Tree Removal Permit PLN 2018-1683 / Emslie Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Exhibit B Required Tree Removal Mitigation PLN 2018-1683 Evergreen Native Trees (inches)Deciduous Native Trees (inches)Totals dbh notes dbh notes 1 1 36-inches 2 2 3 3 4 4 5 5 6 6 7 7 Total 0-inches Total 36-inches 36-inches Mitigation Requirement req'd tree replacements:0 five gal trees req'd tree replacements:12 five gal trees Proposed Replanting 0 five gal trees Proposed Replanting 0 five gal trees 0 five gal trees 0 fifteen gal trees 0 fifteen gal trees 0 fifteen gal trees 0 box trees (24'')0 box trees (24'')0 box trees (24'') Remaining Mitigation 0 five gal trees Remaining Mitigation 12 five gal trees 12 five gal trees Tree Fund Payment:-$ Tree Fund Payment:600.00$ 600.00$ 39 ITEM 3 | 2/6/2018 Tree Removal Permit PLN 2018-1683 / Emslie Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Exhibit C Site Plan PLN 2018-1683 Site Plan with trees to be removed 36” Valley Oak 40