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Home My WebLink AboutPC_2018-03-20_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, March 20, 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 Jerel Seay Vice Chairperson Tom Zirk Commissioner Duane Anderson Commissioner Ryan Betz Commissioner Mark Dariz Commissioner Josh Donovan 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.) CONSENT CALENDAR None (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.) City of Atascadero Planning Commission Agenda Regular Meeting, March 20, 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 COMMUNITY DEVELOPMENT STAFF REPORTS 1. TREE REMOVAL PERMIT FOR 9331-9339 MUSSELMAN DRIVE 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 Permits, 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 invited to provide testimony to the Commission following the applicant. Speakers should state their name for the record and can address the Commission for three minutes. After all public comments have been received, the public hearing will be closed, and the Commission will discuss the item and take appropriate action(s).) COMMISSIONER COMMENTS AND REPORTS DIRECTOR’S REPORT Property Owner: GMS Properties LLC, 19241 Ronald Ave., Torrance Ca 90 503 Representative: Nicole Chatham – Turn-Key Property Management Project Title: PLN 2018-1693 – Tree Removal Permit Project Location: 9331-9339 Musselman Drive, Atascadero, CA APN 030-461-042 (San Luis Obispo County) Project Description: The applicant proposes a tree removal permit for two (2) native trees exceeding 24" dbh located at an existing multi-family apartment development. The trees have been determined by a certified arborist to be diseased and pose a safety risk to surrounding people an d structures. City Staff: Kelly Gleason, Senior Planner, kgleason@atascadero.org, Phone: (805) 470-3446. Recommendation: Staff recommends that the Planning Commission adopt PC Resolution 2017 -A approving PLN 2018-1693, to allow the removal of two (2) native trees, based on the findings and subject to mitigation. City of Atascadero Planning Commission Agenda Regular Meeting, March 20, 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 ADJOURNMENT The next regular meeting will be on April 3, 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, March 20, 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 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 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. ITEM 1 | 3/20/2018 Tree Removal Permit PLN 2018-1693 / Turn-key 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 2018-1693 Tree Removal Permit RECOMMENDATION(S): Staff recommends that the Planning Commission adopt PC Resolution 2017-A approving PLN 2018-1693, to allow the removal of two (2) native trees, based on the findings and subject to mitigation. Project Info In-Brief: PROJECT ADDRESS: 9331-9339 Musselman Dr Atascadero, CA APN 030-461-042 PROJECT PLANNER Kelly Gleason, Senior Planner 470-3446 kgleason@atascadero.org PROPERTY OWNER GMS Properties LLC, 19241 Ronald Ave, Torrance CA 90503 ARBORIST Chip Tamagni, A&T Arborists GENERAL PLAN DESIGNATION: ZONING DISTRICT: SITE AREA EXISTING USE PROPOSED USE High Density Residential (HDR) Residential Multi-Family - 24du/ac (RMF-24) 2.05 acres Apartment No new use proposed ENVIRONMENTAL DETERMINATION ☐ Environmental Impact Report SCH: ___________________________ ☐ Negative / Mitigated Negative Declaration No. ___________ ☐ Categorical Exemption CEQA ☐ Statutory Exemption §§ 21000, et seq & ________________________ ☒ No Project – Ministerial Project 1 ITEM 1 | 3/20/2018 Tree Removal Permit PLN 2018-1693 / Turn-Key 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 Multi- Family 24du/ac (RMF-24) Public (P) Residential Multi- Family 24du/ac (RMF-24) Residential Multi- Family 24du/ac (RMF-24) Analysis: The project site is developed with an existing multi-family apartment complex. As part of the ongoing maintenance activities and because of a partial trunk failure that recently occurred, an arborist was hired to assess a number of native oak trees on -site. It was determined during the site analysis that two native oak trees had significant damage at the base of the trees making them potentially unstable and likely to fail. One tree is a 28” multi-fork coast live oak where the recent failure occurred, and the other is a 32” valley oak that has a significant canker at the base. Tree Mitigation: The Atascadero Municipal Code requires mitigation for all trees to be approved for removal. The Tree Ordinance allows for either the replanting of new native trees, or the payment of mitigation fees to the tree fund. Based on the species and the diameter of the tree, payment of $1,533.33 into the City’s tree mitigation fund is required, or replanting of up to 31, 5-gallon native trees (10, 15- gallon). Proposed trees to be removed Subject Property: 9331-9339 Musselman 2 ITEM 1 | 3/20/2018 Tree Removal Permit PLN 2018-1693 / Turn-Key Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 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; Bond payment for tree #31, impacted 45% : Tree #2: 32” Valley Oak Tree #1: 28” Live Oak 3 ITEM 1 | 3/20/2018 Tree Removal Permit PLN 2018-1693 / Turn-Key Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 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 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 4 ITEM 1 | 3/20/2018 Tree Removal Permit PLN 2018-1693 / Turn-Key Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHMENT 1: Arborist’s Report PLN 2018-1693 3-9-18 Kelly Gleason, City of Atascadero Re: Musselman Oaks This letter is in regard to two hazard trees located within the apartment complex on Musselman Drive in Atascadero. The first tree is a 28” multi-fork coast live oak (Quercus agrifolia) that recently had one of the forks fail at the base. There is extensive decay present at the base and the remaining portion of the tree is quite hazardous and it needs to be removed. The second tree is a 32” valley oak (Quercus lobata) that has a significant canker at the base. The tree in turn has decayed over the years and it will also fail in the near future. On the following pages are photographs of the trees’ bases which illustrate what we observed in the field. While we cannot determine exactly when these trees will fall, however, that time is coming soon. Trees this large just cannot support themselves with the extent of decay in the root plate that these trees have. Please contact us with any questions. Chip Tamagni Certified Arborist #WE 6436-A California State Pest Control Advisor #75850 Certified Hazard Risk Assessor #1209 Cal Poly B.S. Forestry and Natural Resources Management 5 ITEM 1 | 3/20/2018 Tree Removal Permit PLN 2018-1693 / Turn-Key Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Decay at the base of the valley oak 6 ITEM 1 | 3/20/2018 Tree Removal Permit PLN 2018-1693 / Turn-Key Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Decay and location of the recent failure on the coast live oak 7 ITEM 1 | 3/20/2018 Tree Removal Permit PLN 2018-1693 / Turn-Key Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHMENT 2: Draft Resolution PC 2018-A PLN 2018-1693 DRAFT RESOLUTION PC 2018-A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING THE REMOVAL OF TWO (2) NATIVE OAK TREES 9331-9339 MUSSELMAN DR (APN 030-461-042) PLN 2018-1693 GMS PROPERTIES LLC WHEREAS, an application was received from Turn-Key Property Management, 1502 Park Street, Paso Robles, CA 93446 (Applicant) for a Tree Removal Permit to remove two (2) native oak trees totaling sixty (60) inches DBH; and WHEREAS, an arborist report was received from Chip Tamagni of A&T Arborists certifying the condition of the trees; and, WHEREAS, the Planning Commission reviewed the proposed Tree Removal Permit application on March 20, 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 trees are 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 trees proposed for removal are diseased beyond reclamation. SECTION 2. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on March 20, 2018 resolved to approve PLN 2018-1693, subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Required Tree Removal Mitigation EXHIBIT C: Tree Pictures Bond payment for tree #31, impacted 45% : 8 ITEM 1 | 3/20/2018 Tree Removal Permit PLN 2018-1693 / Turn-Key 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 _________________________________________ Jerel Seay Planning Commission Chairperson ATTEST: ___________________________________ Phil Dunsmore Planning Commission Secretary 9 ITEM 1 | 3/20/2018 Tree Removal Permit PLN 2018-1693 / Turn-Key Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero EXHIBIT A: Conditions of Approval PLN 2018-1693 Conditions of Approval PLN 2018-1693 9331-9339 Musselman Dr. 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 2 native oak trees at 9331-9339 Musselman Dr, APN 030-461-042, regardless of owner. - One 28” live oak - One 32” valley oak 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 $1,533.33 to the Atascadero tree mitigation fund or shall replant trees in accordance with the Atascadero Native Tree Ordinance . Tree removal PS 10 ITEM 1 | 3/20/2018 Tree Removal Permit PLN 2018-1693 / Turn-Key Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Exhibit B Required Tree Removal Mitigation PLN 2018-1693 Evergreen Native Trees (inches)Deciduous Native Trees (inches)Totals dbh notes dbh notes 1 28-inches 1 32-inches 2 2 3 3 4 4 5 5 6 6 Total 28-inches Total 32-inches 60-inches Mitigation Requirement req'd tree replacements:9 five gal trees req'd tree replacements:21 five gal trees 31 five gal trees Proposed Replanting 0 five gal trees Proposed Replanting 0 five gal trees 0 five gal trees 0 box trees (24'')0 box trees (24'')0 box trees (24'') Remaining Mitigation 9 five gal trees Remaining Mitigation 21 five gal trees 31 five gal trees Tree Fund Payment:466.67$ Tree Fund Payment:1,066.67$ 1,533.33$ 11 ITEM 1 | 3/20/2018 Tree Removal Permit PLN 2018-1693 / Turn-Key Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Exhibit C Tree Pictures PLN 2018-1683 Tree #2: 32” Valley Oak Tree #1: 28” Live Oak 12