HomeMy WebLinkAboutResolution 2026-056City of Atascadero
Resolution No. 2026-056
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RESOLUTION OF THE CITY COUNCIL OF THECITY OF ATASCADERO, CALIFORNIA,APPROVING THE REMOVALOF ONE 60-INCH DBH HAZARDOUS HERITAGE COAST LIVE OAKPREVIOUSLY LOCATED AT 5905 EAST MALL
WHEREAS,an application was received from Senior Citizens United (Applicant and
Owner) at 5905 East Mall, Atascadero, CA 93422, to approve the removal of one hazardousHeritage Coast Live Oak totaling 60-inches diameter at breast height (DBH); and
WHEREAS,the site’s current General Plan Land Use Designation is Downtown (D); and
WHEREAS,the site’s current Zoning Designation is Downtown Commercial (DC); and
WHEREAS,Atascadero Municipal Code § 9-11.111(b) requires City Council approvalfor the removal of designated Heritage Trees; and
WHEREAS,this tree was deemed to be dead and beyond reclamation by a certifiedarborist; and
WHEREAS,the Community Development Director allowed removal of the tree prior toCity Council approval to mitigate the hazardous nature of the tree, and
WHEREAS,the subject tree was a 60-inch DBH Coast Live Oak which was planted aspart of the design and original construction of the historic Atascadero Civic Center duringestablishment of the Atascadero Colony, and has helped to create a tree lined streetscape on WestMall and East Mall which is a unique character defining feature of the City’s core; and
WHEREAS,the City Council is required to make decisions regarding all tree removalapplication requests involving designated Heritage Trees; and
WHEREAS,the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act (CEQA) have been adhered to.
NOW, THEREFORE BE ITRESOLVED,by the CityCounciloftheCity of Atascadero:
SECTION 1.Recitals.The above recitals are true and correct.
SECTION 2.Public Hearing. The City Council of the City of Atascadero, in a regularsession assembled on July 14, 2026,considered testimony and reports from staff, the applicants,and the public in relation to said action.
RESOLUTION NO. 2026-056
City of Atascadero
Resolution No. 2026-056
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SECTION 3.Facts and Findings.The City Council makes the following findings anddeterminations:
A.Findings for Approval of Heritage Tree Removal
FINDING:The tree is dead, diseased or injured beyond reclamation, as certified by atree condition report from an Arborist.
FACT: A report completed by Mark Franzmann of Greenvale Tree Company, acertified arborist,states that the tree is dead.
SECTION 4.Approval.The City Council of the City of Atascadero, in a regular session
assembled on July 14, 2026,resolved to approve the removal of one hazardous Heritage Coast
Live Oak totaling 60 inches DBH previously located at 5905 East Mall, subject to the following:
EXHIBIT A: Conditions of ApprovalEXHIBIT B: Replanting Detail
PASSED AND ADOPTED at a regular meeting of the City Council held on the 14th dayofJuly,2026.
On motion by Mayor Bourbeau and seconded by Council Member Funk, the foregoing
Resolution is hereby adopted in its entirety on the following roll call vote:
AYES: Council Member Funk, Newsom, Peek, Mayor Pro Tem Dariz, Mayor BourbeauNOES: NoneABSENT: NoneABSTAIN: None
CITY OF ATASCADERO:
________________________________Charles Bourbeau, Mayor
ATTEST:
Lara K.Henderson, City Clerk
Resolution No. 2026-056
Exhibit A
Conditions of Approval
TRP26-0035
Heritage Tree Removal
5905 East Mall
APN 029-347-022
Timing
BL:BusinessLicenseGP:GradingPermitBP:BuildingPermitFI: FinalInspectionTO:TemporaryOccupancyFO:FinalOccupancy
Responsibility/Monitoring
PS:PlanningServices
BS:BuildingServicesFD:Fire DepartmentPD:Police
DepartmentCE:CityEngineerWW:Wastewater
CA:CityAttorney
PLANNING DIVISION
1.This approval is for Native Tree RemovalPermit TRP26-0035,allowing for the removal of
a 60-inchCoastLiveOakHeritage Treeat5905EastMall(APN029-347-022),asdepicted
anddescribedontheattachedexhibits.The approvalofthisentitlementrunswith the
land, regardlessoftheowner.
Ongoing PS
2.The applicantand/or subsequentowners shalldefend,indemnify,and hold harmlessthe
CityofAtascaderooritsagents,officers,andemployeesagainstanyclaim or action
broughttochallengeanapproval by theCity,oranyofitsentities,concerningthe
proposedproject.
Ongoing PS
3.In accordancewith theAtascadero Municipal Code section 9-8.105,any violationof any
oftheconditionsof approval maysubjecttheapplicantand/or futurepropertyownerstothepenaltiessetforintheAtascadero MunicipalCode,aswell asanyother available
legalremedies.
Ongoing PS/CA
4.The applicantshall replant one (1)new 15-gallon size Coast Live Oak that is a
minimum of 6 feet tall and has a minimum 0.75-inch diameter at 6 inches above the
soil line.This replacement tree must be planted within one (1) year of approval of
the Tree Removal Permit.
The existing stumpshall beground out to provideadequate area for planting the
new tree. To improve the chances of tree survival, planting shall be done according
to theplanting detail in Exhibit B and verified onsite by the consulting arborist.
Irrigation shall be provided to the new tree in a form verified by the Community
Development Department.
BP PS
5.The newtree replanted on siteshall be monitoredby site inspections by the City duringafour(4) yearestablishmentperiod. If thereplantedtreedieswithinthisestablishmentperiod,City staff shall requirethe property owner to replant a new treein its place.
BP PS
Resolution No. 2026-056
Exhibit B