City Council Agenda November 5, 2024
82472.04018\42874134.1
with the determination, the appellant then has 30 days in which to appeal to the Council by filing a written notice of appeal with the clerk of the Council, provided that the appellant is current in his/her payments of Special Taxes. The second appeal must specify the reasons for its disagreement with the CFD Administrator’s determination.
Interpretations may be made by the Council by ordinance or resolution for purposes of clarifying any vagueness or ambiguity in this Rate and Method of Apportionment.
I MANNER OF COLLECTION
The Special Tax will be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that CFD No. 2022-2N may directly bill the Special Tax, may collect the Special Tax at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor’s Parcels as permitted by the Act.
J TERM OF SPECIAL TAX
The Special Tax shall be levied in perpetuity as necessary to meet the Special Tax Requirement, unless no longer required to pay for Authorized Services as determined at the discretion of the Council.
Exhibit B
City Council Agenda November 5, 2024
LEGAL DESCRIPTION
Exhibit C
City Council Agenda November 5, 2024
Exhibit C
City Council Agenda November 5, 2024
Exhibit C Exhibit C Page 306 of 396 City Council Agenda November 5, 2024 82472.04018\42850723.1
PETITION TO THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES
REQUESTING INITIATION OF PROCEEDINGS FOR THE ANNEXATION OF
TERRITORY TO A COMMUNITY FACILITIES DISTRICT AND RELATED WAIVERS
1. The undersigned, on behalf of Vinedo II, LLC, a Delaware limited liability company Owner requests that the City Council of the City of El Paso de Robles initiate proceedings pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 (commencing with Section 53311), Part 1, Division 2, Title 5 of the Government Code of the State of California, for the annexation of territory to Facilities District No. 2022-2N (Olsen/South Chandler Ranch Services), County of San Luis over and including the property described in Exhibit
to provide for the funding, through the levy of special taxes, of certain public services as described in Exhibit B attached hereto Services ).
2. The Owner represents to the City Council that it owns fee title to all of the Property.
3. The Owner consents to the levy of special taxes on the Property in amounts sufficient to pay the annual costs of the Services and the costs incidental thereto and hereby waives and all rights to challenge the inclusion of the Property in the District and any and all other proceedings related thereto.
4. The Owner understands that a special mailed-ballot election of the landowners of the Property will be held to approve the levy of special taxes on the Property. The Owner hereby request that the election be conducted at the earliest possible date.
5. The Owner hereby waives any and all minimum time periods relative to the election pursuant to Government Code Section 53326 and hereby waives the requirement to publish notice of the election under Government Code Section 53352.
6. The Owner hereby waives the requirements regarding the time to mail the ballots to the qualified electors under Elections Code Section 4101, and agrees that either mailed service or personal service of the ballot will be sufficient, and hereby waives the requirements regarding identification envelopes for the return of mailed ballots.
7. The Owner hereby waives the preparation and distribution of an impartial analysis of the ballot measure, as well as arguments in favor and against, under the authority of Government Code Section 53327.
8. The Owner hereby waives any and all defects in notice or procedure in the conduct of the special election, whether known or unknown (except the right to vote and to have the ballots fairly counted).
9. The undersigned, on behalf of the Owner, is the person, individually, legally entitled, and authorized to cast the ballot attributable to the Property in the special election.
DATED: ________________________, 2024
Attachment 2
City Council Agenda November 5, 2024
82472.04018\42850723.1
-2-
OWNER:
VINEDO II, LLC,
a Delaware limited liability company
By: STG CAPITAL PARTNERS, LLC, its Manager
By:
Name: Adam Tancredi
Title: Manager
By:
Name: Rand Sperry
Title: Manager
By:
Name: Ryan Gahagan
Title: Manager
Attachment 2
City Council Agenda November 5, 2024
82472.04018\42850723.1
A-1
DESCRIPTION OF THE PROPERTY
The
2022-2N (Olsen/South Chandler Ranch Services):
009-798-004-000
009-798-005-000
Attachment 2
City Council Agenda November 5, 2024
82472.04018\42850723.1
B-1
DESCRIPTION OF THE PUBLIC SERVICES
The proposed types of services to be financed by CFD No. 2022-2N include:
Roadways, signalized intersections, street lights, parks, medians and parkways, open space/slopes, park, open space/vineyards, basin, storm drains, parking spaces, sidewalks/trails, police and fire services, paramedic services, and community services, including library services, community parks, and special events, civic center maintenance, business and support services, and athletic services.
Attachment 2
City Council Agenda November 5, 2024
Envelope Id: 942A6D6E954946A39F6BB47DBC4F617C Status: Completed Subject: Complete with Docusign: Annexation No. 1 to Paso Robles CFD 2022-2N (Olsen_South Chandler Ranch...
Source Envelope:
Document Pages: 4 Signatures: 3 Envelope Originator:
Certificate Pages: 5 Initials: 0 Anna-Lisa Lonier
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
31305 N. 26th Drive
Phoenix, AZ 85085
[email protected]
IP Address: 12.127.40.214
Status: Original
10/23/2024 11:41:01 AM
Holder: Anna-Lisa Lonier
[email protected]
Location: DocuSign
Adam Tancredi
[email protected]
Managing Member
STG Capital Partners, LLC
Security Level: Email, Account Authentication
(None)
Signature Adoption: Drawn on Device
Using IP Address: 98.189.21.197
Sent: 10/23/2024 11:41:45 AM
Resent: 10/23/2024 12:53:46 PM
Viewed: 10/23/2024 1:16:22 PM
Signed: 10/23/2024 1:16:28 PM
Accepted: 10/23/2024 1:16:22 PM
ID: 45e3eadd-81e8-49a2-b64e-4a5403317c6c
Rand Sperry
[email protected]
CEO
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 12.127.40.214
Sent: 10/23/2024 11:41:46 AM
Resent: 10/23/2024 12:53:47 PM
Viewed: 10/23/2024 3:50:03 PM
Signed: 10/23/2024 3:50:16 PM
Accepted: 10/23/2024 3:50:03 PM
ID: 9a2d27b8-1b21-42f7-bd7f-078c66820c89
Ryan Gahagan
[email protected]
Managing Partner
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 198.182.179.2
Signed using mobile
Sent: 10/23/2024 11:41:46 AM
Resent: 10/23/2024 12:53:47 PM
Resent: 10/24/2024 9:38:26 AM
Viewed: 10/24/2024 11:17:14 AM
Signed: 10/24/2024 11:17:30 AM
Accepted: 10/24/2024 11:17:14 AM
ID: 47eff525-c473-4ab9-b913-21341ed9c730
Attachment 2
City Council Agenda November 5, 2024
Envelope Sent Hashed/Encrypted 10/23/2024 11:41:46 AM
Certified Delivered Security Checked 10/24/2024 11:17:14 AM Signing Complete Security Checked 10/24/2024 11:17:30 AM Completed Security Checked 10/24/2024 11:17:30 AM
Attachment 2
City Council Agenda November 5, 2024
Attachment 2
City Council Agenda November 5, 2024
Attachment 2
City Council Agenda November 5, 2024
Attachment 2
City Council Agenda November 5, 2024
Council Agenda Report
From: David Athey, Acting City Engineer
Darren Nash, City Planner
Subject: Approval of an Amendment to Vesting Tentative Tract Map 3149 within Planning Area 9 of the Olsen South Chandler Specific Plan
CEQA Determination: Pursuant to the California Environmental Quality Act (CEQA), a Final Environmental Impact Report (EIR) was previously prepared for the Olsen South Chandler Specific Plan, and the proposed Vesting Tentative Tract Map Amendment does not require additional review under CEQA pursuant to Public Resources Code section 21166 and CEQA Guidelines section 15162 and 15182 (no subsequent or supplemental EIR is required, because no “substantial changes” to the project or to the circumstances under which the project was undertaken are proposed, and there are no “new significant environmental effects” or a “substantial increase in the severity of previously identified significant effects” under the existing EIR).
Date: November 5, 2024
Facts
1. The Olsen-South Chandler Ranch Specific Plan Project includes the development of 1,293 residential units ranging from single-family to multi-family, a Neighborhood Commercial Overlay District, a School Overlay District, approximately 29,335 square feet of community amenities including a community building, and recreational uses including parks and trails. Because of the size and magnitude of the project, it has been broken down into individual Planning Areas.
2. Planning Area 9 is located within the Olsen South Chandler Specific Plan area, north of Meadowlark Road, west of Creston Road, and at the east end of Sherwood Road (See Attachment 1 – Vicinity Map).
3. On February 20, 2020, the City Council certified a Final Environmental Impact Report and approved a General Plan Amendment, adopted the Olsen-South Chandler Ranch Area Specific Plan, and approved a Rezone, Development Plan, Street Abandonments, and Oak Tree Removal Permit for the Specific Plan Area.
4. At the same meeting, the City Council approved Resolution 20-034, approving the Vesting Tentative Map 3149 (VTTM 3149, Attachment 2).
5. The approvals designated and zoned the Planning Area 9 property primarily for 117 residential units, with certain areas to be maintained as roads and open space.
6. The Applicant, Vinedo II LLC, desires to move forward with Final Map recordation to create lots in order to finance the project.
7. The Applicant submitted a final map for approval; however, project boundary issues were discovered during the final map technical approval process.
8. The Subdivision Map Act governs Final Maps and what is required to be shown. The Project survey boundary and legal description must be correct so that map errors do not cause title issues, legal disputes, and demonstrate compliance with the Subdivision Map Act.
City Council Agenda November 5, 2024
9. The boundary issues included a portion of the existing lot left off the original Tentative Map and property line adjustments with the “Our Town” Owner and Planning Area 3 owners.
10. The applicant and neighboring lot owners affected by the Boundary issue submitted a Lot Line Adjustment application and Certificates of Compliance so the Boundary issues could be resolved.
11. The City approved the lot line adjustment on October 22, 2024.
12. The approved lot line adjustment modified the tract boundary and the tract legal description so that both items no longer conformed with the Council approved Vesting Tentative Tract Map.
13. Vinedo II LLC submitted a modified Vesting Tentative Map 3149 to correct the Legal Description and tract boundary to enable recordation of the Final Map (see Amended VTTM 3149, Attachment 3).
14. The City Engineer and City Planner reviewed the Vesting Tentative Tract Map and determined that it is in conformance with the adopted Final Impact Report, Olsen Chandler Specific Plan, and Development Agreement.
15. The Acting City Surveyor has reviewed the proposed map boundary and has determined that it complies with the requirements of the Subdivision Map Act.
16. All of the conditions of approval and environmental mitigation measures outlined in City Council Res. 20-034 will remain in effect for VTTM 3149 amendment.
Options
1. Take no action;
2. Approve a Resolution 24-XXX amending the Vesting Tentative Map to correct the Map Boundary; or
3. Provide alternative direction to staff.
Analysis and Conclusions
Map Modifications
The applicant submitted a Final Map for recordation and map boundary issues were identified. The project map boundary is important as it defines the limits of the project and the legal description of the subdivision. City Staff, the Applicant, and neighboring lot owners agreed that the boundary needed to be fixed by means of a lot line adjustment. A lot line adjustment is a ministerial action that changes lot boundaries between owners but does not create new lots and is not considered a subdivision of land.
The Lot Line Adjustment was approved on October 22, 2024 and corrected the boundary issues. However, the Tentative Map legal description and boundary information are now incorrect and need to be amended so that the Tentative Map and Final Map boundary match. Figures 1 and 2 (as shown on the following page), illustrate the changes that were made to the Tentative Map Boundary. The lot line adjustment traded land between the owners to achieve the needed tract boundary. The land trades were agreed to by the owners during the project approval process and all of them have signed the lot line adjustment application. The lot line adjustment did not increase the number of lots in Vesting Tract Map 3149, so the lot line adjustment does not change the number of approved lots for residential development. The adjustment only fixes the tract boundary location and modifies the legal description.
The lot line adjustment has changed Vesting Tract Map 3149’s legal description. The legal description change occurred because a portion of the adjusted lot, that is now included in Tract 3149, was created by a separate tract map and has a different legal description. Therefore, the City Engineer and Community Development Director would not be able to make a consistency finding that the Final Map is in conformance with Vesting Tentative Tract Map 3149. Therefore, the applicant has provided a modified Vesting Tentative Tract Map (Attachment 3) corrected legal description and Tract Boundary.
City Council Agenda November 5, 2024
City Council Agenda November 5, 2024
The request before the City Council is to adopt Resolution 24-XXX (attachment 4) modifying Vesting Tentative Tract Map 3149. The proposed modifications allow the developers to file the Final Map for their parcel and avoid title and financing conflicts.
Fiscal Impact
There are no direct fiscal impacts to the City because the City recovers all staff time costs by charging time and materials to the applicant.
CEQA
Pursuant to the California Environmental Quality Act (CEQA), a Final Environmental Impact Report (EIR) was previously prepared for the Olsen South Chandler Specific Plan, and the proposed Vesting Tentative Tract Map Amendment does not require additional review under CEQA pursuant to Public Resources Code section 21166 and CEQA Guidelines section 15162 and 15182 (no subsequent or supplemental EIR is required, because no “substantial changes” to the project or to the circumstances under which the project was undertaken are proposed, and there are no “new significant environmental effects” or a “substantial increase in the severity of previously identified significant effects” under the existing EIR).
Recommendation (Option 1)
Approve Resolution 24-XXX amending Vesting Tentative Tract Map 3149 amending the map boundary.
Attachments
1. Vicinity Map
2. VTTM 3149 Amendment
3. VTTM 3149 Original Approved
4. Resolution 24-XXX Approving Amending Vesting Tentative Tract Map Amendment
City Council Agenda November 5, 2024
ATTACHMENT 1 - VICINITY MAP
SITE
City Council Agenda November 5, 2024
Attachment 2
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PARKING SCHEDULE
PHASE 1:
PHASE 2:
107 LOTS {1 STALL PER 5 UNITS)
PARKINGTOJAL:21
10 LOTS {1 STALL PER 5 UNITS)
PARKINGTOJAL:2
NOTES
FINAL LOCATION OF SEWER, WATER AND
DRAINAGE EASEMENTS TO BE DETERMINED DURING
FINAL DESIGN/FINAL MAP PROCESS.
ALL STREETS AND UTILITIES (UNLESS NOTED
OTHERWISE) SHALL BE PRIVATELY MAINTAINED.
LEGEND
PROPOSED PROPERTY LINE
PROPOSED LOT LINE
PROPOSED CENTERLINE
PROPOSED EASEMENT
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PUBLIC UTILITY EASEMENT MAY BE ADJUSTED TO
ACCOMMODATE TRANSFORMER AND VAULT
LOCATIONS AS NECESSARY
PROPOSED PHASING LIMIT � FIRST AND LAST RESIDENTIAL LOT ####SQFT f 1" "'" '0--
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I
SEE C2 FOR DISPOSITION OF EXISTING STRUCTURES
AND EXISTING EASEMENT INFORMATION
PRIVATE RECIPROCAL ACCESS,
DRAINAGE, WATER, SEWER
EASEMENTS AND P.U.E.
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I
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I
I
I
I I I
PRIVATE RECIPROCAL LANDSCAPE,
DRAINAGE AND PEDESTRIAN
EASEMENTS AND P.U.E.
BLANKET PUBLIC ACCESS AND
BLANKET PUBLIC WATER, SEWER
AND STORM DRAIN EASEMENT OVER
LOT 123.
BLANKET PUBLIC STORM DRAIN
EASEMENT OVER LOTS 118, 119, 120,
121 AND 122. (PUBLIC MAINTAINS
INFRASTRUCTURE)
IO' PUBLIC PEDESTRIAN ACCESS
EASEMENT {PRIVATELY MAINTAINED)
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VESTING TENTATIVE MAP
FEBRUARY 6, 2020
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SCALE: 1"=40'
SHERWOOD & LINNE
TRACT 3149
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Attachment 3
City Council Agenda November 5, 2024
Attachment 4
RESOLUTION 24-XXX (A)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PASO ROBLES APPROVING VESTING TENTATIVE TRACT MAP 3149 AMENDMENT
Planning Area 9 – Olsen South Chandler Specific Plan / APN: 009-798-004 APPLICANT – Vinedo II LLC
WHEREAS, Planning Area 9 is located in the Eastern area of the City of Paso Robles, within the Olsen South Chandler Specific Plan area, north of Meadowlark Road, west of Creston Road, and at the east end of Sherwood Road; and
WHEREAS, the City Council certified a Final Environmental Impact Report and approved a General Plan Amendment, adopted the Olsen-South Chandler Ranch Area Specific Plan, and approved a Rezone, Development Plan, Street Abandonments, and Oak Tree Removal Permit for the Specific Plan Area on February 20, 2020; and
WHEREAS, the approvals designated and zoned the Planning Area 9 property primarily for 212 residential units, with certain areas to be maintained as roads and open space; and WHEREAS, the City Council approved Vesting Tentative Tract Map 3149, on February 20, 2020; WHEREAS, the Applicant, Vinedo II LLC, desires to move forward with Final Map recordation to create lots so the project can be financed; and
WHEREAS, the Applicant submitted a final map for approval; however, project boundary issues were discovered during the final map technical approval process; and WHEREAS, the Subdivision Map Act governs Final Maps and what is required to be shown. The Project survey boundary and legal description must be correct so that map errors do not cause title issues, legal disputes, and demonstrate compliance with the Subdivision Map Act; and WHEREAS, the boundary issues included a portion of the existing lot left off the original Tentative Map and property line adjustments with the Our Town Owner and Planning Area 3 owners; and WHEREAS, the applicant and neighboring lot owners affected by the Boundary issue submitted a Lot Line Adjustment application and Certificates of Compliance so the Boundary issues could be resolved. City staff have approved and recorded the lot line adjustment; and WHEREAS, the approved lot line adjustment modified the tract boundary and the tract legal description so that both items no longer conformed with the Council approved Vesting Tentative Tract Map; and WHEREAS, Vinedo II LLC submitted a modified Vesting Tentative Map 3149 (TR 3149 Amendment) to correct the Legal Description and tract boundary to enable recordation of the Final Map; and WHEREAS, the City Engineer and City Planner reviewed the Vesting Tentative Tract Map and determined that it is in conformance with the adopted Final Environmental Impact Report, Olsen Chandler Specific Plan, and Development Agreement; and
City Council Agenda November 5, 2024
Attachment 4
WHEREAS, the Acting City Surveyor has reviewed the proposed map boundary and has determined that it complies with the requirements of the Subdivision Map Act; and WHEREAS, all of the conditions of approval and environmental mitigation measures outlined in CC Res. 20-034 will remain in effect for VTTM 3149 amendment; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA), a Final Environmental Impact Report (EIR) was previously prepared for the Olsen South Chandler Specific Plan, and the proposed Vesting Tentative Tract Map Amendment does not require additional review under CEQA pursuant to Public Resources Code section 21166 and CEQA Guidelines section 15162 and 15182 (no subsequent or supplemental EIR is required, because no “substantial changes” to the project or to the circumstances under which the project was undertaken are proposed, and there are no “new significant environmental effects” or a “substantial increase in the severity of previously identified significant effects” under the existing EIR); and WHEREAS, the City Council held a public hearing on November 4, 2024, and considered the facts as presented in the staff report prepared for this project and accepted public testimony regarding the project.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. All of the above recitals are true and correct and incorporated herein by reference.
Section 2. Based upon the facts and analysis presented in the staff report, public testimony received, and subject to the conditions listed below, the City Council makes the following findings:
Section 3: Findings for Approval of TR 3149 Amendment. Based on the facts and analysis presented to it, including all written and oral testimony and staff presentations, and subject to the Conditions of Approval and attachments hereto, the City Council finds as follows:
a) The TR 3149 subdivision, as conditioned, is consistent with the Olsen South Chandler Specific Plan, and is consistent with: (1) the goals and policies established by the General Plan; (2) the policies and development standards established by the Zoning Ordinance; (3) all other adopted codes, policies, standards, and plans of the City. b) TR 3149 is physically suitable for the type of development at the density proposed and would be consistent with the surrounding neighborhood development pattern and land uses and will not conflict with easements, acquired by the City, for access through or use of property within TR 3149.
c) TR 3149, will not be detrimental to the health, safety, morals, comfort, convenience, or general welfare of the residents living in or near the proposed neighborhoods, or be injurious or detrimental to property and improvements in the neighborhood or to the general welfare of the city and will not injure fish or wildlife or their habitat. d) TR 3149 accommodates the aesthetic quality of the City as a whole, and will fit in with the established surrounding quality of development, especially where development will be visible from public views, gateways to the City, and scenic corridors.
City Council Agenda November 5, 2024
Attachment 4
e) TR 3149 is compatible with, and is not detrimental to, surrounding land uses and improvements, circulation system; it provides an appropriate visual appearance, and contributes to the mitigation of any environmental impacts through implementation of the Mitigation Monitoring and Reporting Program adopted by City Council per CC Resolution 20- 024, and participation in the Development Impact Fee Program. f) The proposed grading plan is consistent with the intent of the City’s Grading Ordinance since these are minor topographic features and contour grading techniques will be incorporated to achieve a natural-appearing landform.
g) The Vesting Tentative Tract Map Amendment does not require additional review under CEQA pursuant to Public Resources Code section 21166 and CEQA Guidelines section 15162 and 15182 (no subsequent or supplemental EIR is required, because no “substantial changes” to the project or to the circumstances under which the project was undertaken are proposed, and there are no “new significant environmental effects” or a “substantial increase in the severity of previously identified significant effects” under the existing EIR).
Section 4: Pursuant to the California Environmental Quality Act (CEQA), a Final Environmental Impact Report (EIR) was previously prepared for the Olsen South Chandler Specific Plan, and the proposed Vesting Tentative Tract Map Amendment does not require additional review under CEQA pursuant to Public Resources Code section 21166 and CEQA Guidelines section 15162 and 15182 (no subsequent or supplemental EIR is required, because no “substantial changes” to the project or to the circumstances under which the project was undertaken are proposed, and there are no “new significant environmental effects” or a “substantial increase in the severity of previously identified significant effects” under the existing EIR).
Section 5. The location and custodian of the documents and any other material which constitute the record of proceedings upon which the City Council based its decision is as follows: City of El Paso de Robles Planning Division, 1000 Spring Street, Paso Robles, CA (805) 237-3970.
Section 6. Effective Date. This Resolution shall become effective upon its adoption.
Section 7. The City Council approves Vesting Tentative Tract Map 3149 Amendment, subject to the conditions of approval and standards set forth in the following Exhibits:
EXHIBIT DESCRIPTION
A1-A3 Modified Vesting Tentative Tract Map 3149
B City Council Resolution 20-034
APPROVED THIS 5
th day of November 2024, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
City Council Agenda November 5, 2024
Attachment 4
John R. Hamon, Jr.
ATTEST:
Melissa Boyer, City Clerk
City Council Agenda November 5, 2024
SHERWOOD ROAD
LINNE ROAD STREET SECTION AT WEST END ROAD E, F, G, H, I, J, K & L STREET SECTION
LINNE ROAD STREET SECTION
SOUTH OF PA9
ROAD M STREET SECTION
ROAD D STREET SECTION
ROAD C STREET SECTION
ROAD A & B STREET SECTION
LINNE ROAD STREET SECTION AT ROUNDABOUT
805-544-0707
rickengineering.com
1160 MARSH STREET #150
SAN LUIS OBISPO, CA 93401 AMENDED VESTING TENTATIVE
TRACT MAP NO. 3149
VINEDO PLANNING AREA 9
SUBMITTAL NAME TM1 TITLE SHEET
Exhibit
A
805-544-0707
rickengineering.com
1160 MARSH STREET #150
SAN LUIS OBISPO, CA 93401 AMENDED VESTING TENTATIVE
TRACT MAP NO. 3149
VINEDO PLANNING AREA 9
SUBMITTAL NAME TM2 EXISTING CONDITION
Exhibit
A
805-544-0707
rickengineering.com
1160 MARSH STREET #150
SAN LUIS OBISPO, CA 93401 AMENDED VESTING TENTATIVE
TRACT MAP NO. 3149
VINEDO PLANNING AREA 9
SUBMITTAL NAME TM3 VESTING TENTATIVE TRACT MAP
Exhibit
A
RESOLUTION CC 20-034
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF EL PASO DE ROBLES
APPROVING PHASED VESTING TENTATIVE TRACT MAP 3149 FOR PLANNING AREA 9 (PA-9) OF THE OLSEN-SOUTH CHANDLER RANCH SPECIFIC PLAN PROJECT OLSEN – SOUTH CHANDLER SPECIFIC PLAN - PA-9 SMALL LOT MAP PHASED VESTING TENTATIVE TRACT MAP 3149
OLSEN RANCH AND SOUTH CHANDLER RANCH SPECIFIC PLAN AREAS APPLICANT – FUENTEZ FAMILY, LLC
PA-9 PROPERTY - APNs: 009-798-003 and 009-796-002
WHEREAS, Travis Fuentes, on behalf of Fuentez, LLC, in connection with the proposed development of a project known as Olsen-South Chandler Area Specific Plan (“the Project”) has filed an application for a proposed Vesting Tentative Tract Map (TR 3149) for the Project, which is located on approximately 9.66 acres of land located on the existing PA-9 property, in the southeastern area of the City of Paso Robles, north of Linne Road, east of Airport Road, APNs: 009-798-003 and 009-796-002; and WHEREAS, the City Council certified a Final Environmental Impact Report and approved a General Plan Amendment, adopted the Olsen-South Chandler Ranch Area Specific Plan, and approved a Rezone, Development Plan, Street Abandonments, and Oak Tree Removal Permit on February 20, 2020. The amendments designated and zoned the Specific Plan property primarily for 1,293 residential units, with certain areas to be maintained as Parks and Open Space; and WHEREAS, TR 3149 is a request to subdivide approximately 9.66 acres of the Olsen-South Chandler Ranch Specific Plan area property, into 123 total parcels including 6 open space parcels, as shown in Exhibit B; and
WHEREAS, the proposed subdivision plan includes a proposed grading plan that demonstrates how the site would be re-contoured to create residential building pads and street network. The proposed grading plan would result in approximately 23,770 cubic yards of earthwork including 3,430 cubic yards of imported soil. The applicant proposes to use contour-grading techniques to help blend the changes in topography in with the surrounding landscape; and
WHEREAS, the Olsen-South Chandler Ranch Area Specific Plan includes landscape details and a fencing plan for improvements along streets, open space areas, and private property fencing. These features would provide seamless integration with the existing improvements in neighborhoods to the east; and WHEREAS, several Conditions of Approval apply to the proposed tract map pertaining to extension of infrastructure improvements, maintenance of facilities, grading, and mitigation measures and are included in Exhibit A; and
WHEREAS, the proposed Project is consistent with and supports implementation of the Paso Robles Economic Strategy since it proposes new housing opportunities, infrastructure, and investment in the community; and
WHEREAS, the proposed grading plan would avoid removal of and impacts to native oak trees, including five native oak trees along the south side of Linne Road; and CC Resolution 20-034 Page 1 of 30 Exhibit B
City Council Agenda November 5, 2024
WHEREAS, pursuant to the California Environmental Quality Act (CEQA), an Environmental Impact Report (EIR) was prepared to describe the impacts of the General Plan Amendment and on October 17, 2019, the City and the Governor's Office of Planning and Research distributed the Draft EIR, which identified and evaluated the potential environmental impacts of the proposed project and associated entitlements to interested parties and responsible agencies (SCH #2019011065) for a 45-day public review period, October 17, 2019 through December 2, 2019; and
WHEREAS, On January 24, 2020, the Final EIR was made available. The Response to Comments on the Draft EIR was included in the Final EIR.
WHEREAS, the Planning Commission conducted a public hearing on the proposed project on January 28, 2020 and recommended approval of TR 3149.
WHEREAS, On February 7, 2020, a Notice of Public Hearing was published in a newspaper of general circulation within the City of El Paso de Robles and was mailed to all interested parties, as well as property owners within a 300-foot radius.
WHEREAS, the City Council conducted a public hearing on the proposed project on February 20, 2020.
NOW, THEREFORE BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES, AS FOLLOWS:
Section 1. Recitals. The City Council hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Resolution.
Section 2. Compliance with the California Environmental Quality Act. As the approving body for the Project, the City Council has reviewed and considered the EIR and administrative record on file with the City and available for review at 1000 Spring Street, Paso Robles, California. The City Council found that the EIR has been completed in compliance with the California Environmental Quality Act (Pub. Res. Code § 21000 et seq.: “CEQA”) and the State CEQA Guidelines.
Section 3. Findings for Approval of TR 3149. Based on the facts and analysis presented to it, including all written and oral testimony and staff presentations, and subject to the Conditions of Approval and Phasing, and attachments hereto, the City Council finds as follows:
a) The TR 3149 subdivision, as conditioned, is consistent with the Olsen-South Chandler Ranch Specific Plan, and is consistent with: (1) the goals and policies established by the General Plan; (2) the policies and development standards established by the Zoning Ordinance; (3) all other adopted codes, policies, standards, and plans of the City. b) TR 3149 would be consistent with the surrounding neighborhood development pattern and land uses.
c) TR 3149, as phased, will not be detrimental to the health, safety, morals, comfort, convenience, or general welfare of the residents living in or near the proposed neighborhoods, or be injurious or detrimental to property and improvements in the neighborhood or to the general welfare of the city.
d) TR 3149 accommodates the aesthetic quality of the City as a whole, and will fit in with the established surrounding quality of development, especially where development will be visible from public views, gateways to the City, and scenic corridors.
CC Resolution 20-034 Page 2 of 30 Exhibit B
City Council Agenda November 5, 2024
e) TR 3149, as phased, is compatible with, and is not detrimental to, surrounding land uses and improvements, circulation system; it provides an appropriate visual appearance, and contributes to the mitigation of any environmental impacts through implementation of the Mitigation Monitoring and Reporting Program adopted by City Council per CC Resolution 20-XXX, and participation in the Development Impact Fee Program.
f) The proposed grading plan and changes to hillside ridgelines are consistent with the intent of the City’s Grading Ordinance since these are minor topographic features and contour grading techniques will be incorporated to achieve a natural-appearing landform. g) The EIR identifies that the Specific Plan project has potentially significant effects with regards to air quality and transportation that will remain significant despite the implementation of all feasible mitigation measures. Therefore, in order to approve the Project, the City Council must first adopt a Statement of Overriding Considerations that indicates that the benefits of the project outweigh the significant and unavoidable environmental effects as required by State CEQA Guidelines section 15093. The City Council adopted a Statement of Overriding Considerations that reflects the Council’s balancing of Project benefits against significant unavoidable impacts.
h) As identified in the Water Supply Evaluation (WSE) for this project, the City has sufficient water resources available from the City’s existing and planned water sources including groundwater, river water, the Nacimiento Lake Project, and future recycled water resources. The WSE also demonstrates that the City has adequate potable water supply to provide a reliable long-term water supply for the project under normal and drought conditions through build-out of the City under the existing General Plan build-out scenario.
Section 4. Project Approval. Based on all of the above, the City Council of the City of El Paso de Robles, California, finds that TR 3149 is compatible with the surrounding land uses in the vicinity and would provide for orderly growth and development, and does hereby approve of TR 3149, as shown in Exhibits A, B, C and D, attached hereto and incorporated herein by reference.
Section 5. Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings are based are located at the City’s offices at 1000 Spring Street, Paso Robles, CA 93446. Dennis Fansler, the City Clerk, is the custodian of the record of proceedings.
Section 6. Execution of Resolution. The Mayor of the City Council shall sign this Resolution and the Deputy City Clerk shall attest and certify to the passage and adoption thereof.
CC Resolution 20-034 Page 3 of 30 Exhibit B
City Council Agenda November 5, 2024
Exhibit B
City Council Agenda November 5, 2024
Exhibit A
TR 3149 – PA-9 Small Lot Map Conditions
Conditions for Approval
TR 3149 – PA-9 Small Lot Map
Planning
1. VTTM 3149 for PA-9 shall be consistent with SP#4. Olsen South Chandler Specific Plan, unless modified by these conditions and standards.
2. The final map, grading and site improvement of VTTM 3149 shall be constructed in substantial conformance with the Conditions of Approval established by this Resolution and it shall be constructed in substantial conformance with all exhibits attached to Resolution PC 20-XX (A-O) as approved by the City Council on DATE.
3. The final map shall create no more than 117 residential parcels. All other parcels created by the final map for open space, road or drainage purposes shall include deed restriction that limit the lot to a nonresidential use.
4. The final maps shall be recorded consistent with the requirements of Exhibit E (Map Phasing). In no case shall the Phase 3 Final be recorded, or the existing paved widths and clear shoulders of Linne Road be modified until an alternative Arterial Road has been constructed.
5. Prior to the recording of the final map, the following Development Standards shall be reviewed and approved by the Development Review Committee (DRC) for consistency with PA-9 Development Plan:
a. Overall site landscaping, irrigation and fencing plans. This plan needs to indicate what is maintained by HOA and what is maintained by individual property owner; b. Individual lot landscape and irrigation plans for all front yards; c. Fencing/wall plans (fencing styles and types shall be consistent with the fencing outlined in the OSCSP)
d. Architectural elevations including showing “wrap” details for street side yard and other elevations that may have prominent views from the public streets. Wrap details would include window/trim, siding materials, and other architectural details. e. Site lighting plans including decorative pole lights, and wall mounted light fixtures. f. Utility plan (both overall site and individual lot) that shows location of equipment such as but not limited to electrical transformers, HVAC equipment, water back flow devices. g. Plotting and easement plan showing lots and associated easements and individual lot drainage.
6. Prior to the recordation of the final map, CC&Rs shall be provided for City review and approval to address the following project elements:
a. Parking: Restrictions shall be provided that preclude any use of the surface parking spaces shown on each lot for anything other than parking for each lot. These on-site spaces shall not be used for storage of maintain the ability to park a vehicle at any time. b. RV Parking: no RV parking is allowed within Tract 3149; c. Fencing: all fencing shall comply with the fencing standards approved for PA-9, in the locations approved by the fencing plan.
d. All landscaping shall be commonly maintained by the Homeowners Association.
CC Resolution 20-034 Page 5 of 30 Exhibit B
City Council Agenda November 5, 2024
Exhibit A
TR 3149 – PA-9 Small Lot Map Conditions
Emergency Services
1. Driveways longer than 150-feet need fire dept. turn around (CFC D103.4) or as otherwise approved by the Fire Marshal.
2. No parking allowed on roads under 26-feet in width, signage required on both sides (CFC D103.6.1)
3. Hydrant placement and spacing need PRFD approval.
General Engineering
1. The Final Map shall be in substantial compliance with the attached Vesting Tentative Tract Map (VTTM).
2. All conditions shall be complied with in a manner subject to approval of the City of Paso Robles.
3. The City Engineer reserves the right to request revisions to the Vesting Tentative Tract Map (VTTM), grading, drainage, or any other plan to ensure that project complies with the Vinedo Specific Plan, Final Environmental Impact Report, City Engineering Standard Details and Specifications, other design standards, Municipal Code or to resolved conflicts with other plans, policies or requirements of the City.
4. In areas of conflict between VTTM, Specific Plan (SP) and Final Environmental Impact Report (FEIR), the SP and FEIR shall take precedence over VTTM.
5. The applicant shall comply with the latest edition of the Department of Public Works Standard Details and Specifications.
6. The Final Tract Map prepared by or under the direction of a person licensed to practice land surveying in the State of California shall be filed in the Office of the County Recorder Prior to issuance of building permits in compliance with applicable City of El Paso de Robles, County of San Luis Obispo, and State of California Codes.
7. All new property corners shall be installed in accordance with the City Municipal Code and Subdivision Map Act.
8. Prior to the Final Tract Map being filed with the County Recorder, the applicant shall not grant or record easements within areas proposed to be granted, dedicated, or offered for dedication for public streets or highways, access rights, building restriction rights, or other easements; unless subordinated to the proposed grant or dedication. If easements are granted after the date of VTTM approval, subordination must be executed by the easement holder prior to the filing of the Tract Map.
9. Prior to Final Tract Map approval, the applicant shall label driveways as "Private Driveway and Fire Lane" and private roads on the map, as directed by the City Engineer.
10. At map check submittal, the applicant shall provide a preliminary subdivision report. A final subdivision guarantee is required prior to Final Tract Map approval.
11. Prior to Tract Map approval, the applicant shall adjust, relocate, and/or eliminate lot lines, lots, streets, easements, grading, geotechnical protective devices, and/or physical improvements to comply with ordinances, policies, and standards in effect at the date the City determined the application to be complete, all, as directed by the City Engineer.
12. The applicant shall provide a preliminary subdivision report with the Final Map documents. A final subdivision guarantee is required prior to Tract Map approval.
Timing: At Final Map plan check.
13. The applicant may file reimbursement agreements with the City Council for construction of oversized facilities or facilities that are the responsibility of other parties to the Olsen South Chandler CC Resolution 20-034 Page 6 of 30 Exhibit B
City Council Agenda November 5, 2024
Exhibit A
TR 3149 – PA-9 Small Lot Map Conditions
Specific Plan. The applicant shall file and gain approval of any reimbursement agreement with the City Council prior to start of construction.
Covenants, Conditions, and Restrictions Requirements and Home Owners Association
1. Prior to Tract Map approval, the applicant shall obtain approval from the City Engineer and the City Attorney for Covenants, Conditions, and Restrictions (CC&Rs) for this development. The applicant shall reimburse the City for the City Attorney’s review and approval fee. The CC&Rs shall:
a. Include a disclosure to comply with the Geotechnical Engineer’s recommendations in the Geotechnical Report concerning restrictions on watering, irrigation, and recommend plant types. b. Grant the City the authority to review and approve/disapprove amendments (including dissolution) of the CC&Rs or the association.
c. Grant the City the right (though not the obligation) to enforce the CC&Rs (at a minimum those provisions related to City-required items).
d. Include a disclosure to comply with all the development standards and design guidelines outlined in the approved Vinedo Paso Robles Specific Plan.
e. Include conditions included in these Conditions of Approval related to paving, maintenance and repair of project driveways and private roads.
f. Include Maintenance of all in tract landscaping, private utilities, stormwater facilities and other facilities as needed.
g. Include other provision and requirements as directed by the City.
2. The applicant shall establish a Home Owners’ Association (HOA), or similar entity, to ensure the continued maintenance of all shared/common lots, landscape and drainage basins/devices not maintained by the City to the satisfaction of the City.
Timing: Establish HOA prior to final of first residence.
3. The City approved CC&Rs shall be filed concurrently with the Final Map.
4. The applicant shall record a covenant for easement of all shared driveways and drive isles, and common landscaping/slope maintenance areas, as directed by the City Engineer. This condition may be satisfied by incorporating the appropriate provisions into the CC&Rs.
Timing: Prior to Final Map
Map
1. The applicant shall submit a revised existing conditions sheet showing all existing easements, lot lines, boundary, and all other conditions affecting the property. The City reserves the right to require additional conditions or changes to the VTTM based on conditions not disclosed at the time of VTTM approval.
Timing: Prior to Final Map
CC Resolution 20-034 Page 7 of 30 Exhibit B
City Council Agenda November 5, 2024
Exhibit A
TR 3149 – PA-9 Small Lot Map Conditions
Roads
1. Public and Private Street improvements are required. The applicant shall design and construct the public and private roads in accordance with the Vesting Tentative Tract Map, City Engineering Standard Details and Specifications, and to the City Engineer’s satisfaction.
Timing: Prior to issuance of Building permits
2. Minimum paving thickness shall be 3 inches, with a TI of 6, for residential private streets. An equivalent design for private residential paver streets will be provided for City Engineer approval.
Minimum paving thickness for the reconstructed portion of Linne Road fronting the project is 4 inches with a TI of 6.
3. The applicant shall dedicate right of way to the public, for Niblick Road, along the northern property boundary, consistent with the Specific Plan, Development Agreement and VTTM. The width and location of the dedication shall be acceptable to the City engineer.
Timing: At time of Final Map acceptance.
4. The applicant shall dedicate right of way to the public, for Airport Road, along the western property boundary, consistent with the Specific Plan, Development Agreement and VTTM. The width and location of the dedication shall be acceptable to the City engineer.
Timing: At time of Final Map acceptance.
5. Linne Road shall be reconstructed after Niblick Road is completed from Fontana Road to Linne Road.
Timing: prior to building permit issuance for units taking access off Linne Road or as otherwise determined by City Engineer as outlined in the Development Agreement.
6. The Olsen-South Chandler Development is conditioned to reconstruct/widen Airport Road from Linne Road up to the Niblick Roundabout. Airport Road shall be fully widened and accepted by the City prior to issuance of building permits for units taking access off Airport Road
7. The applicant shall dedicate to the public a pedestrian easement along the southern property boundary. The easement shall be established between Road C and the Niblick roundabout.
8. The applicant shall construct a 6’ pedestrian path from the Intersection of Road C and Linne to the proposed roundabout at Niblick and Linne Roads to the City Engineer’s satisfaction.
Timing: Prior to building permit issuance.
Offsite Improvements
1. State Route 46 East/Union Road: Prior to building permit final for each unit, the applicant shall contribute their fair-share amount through the city’s transportation impact fee program, for the ultimate improvements on SR 46 East, consistent with the RTP, which consist of restricting left turns on SR 46 East.
CC Resolution 20-034 Page 8 of 30 Exhibit B
City Council Agenda November 5, 2024
Exhibit A
TR 3149 – PA-9 Small Lot Map Conditions
2. State Route 46 East/Airport Road: Prior to building permit final for each unit, the applicant shall contribute their fair-share amount through the city’s transportation impact fee program for the ultimate improvements on SR 46 East, consistent with the RTP, which consist of restricting left turns on SR 46 East at Union Road and Airport Road.
3. Golden Hill Road/Union Road: Prior to building permit final for each unit, the applicant shall contribute their fair-share amount through the city’s transportation impact fee program for the installation of a roundabout at Golden Hill Road/Union Road.
4. Creston Road/Stoney Creek Road: Prior to building permit final for each unit, the applicant shall contribute their fair-share amount through the city’s transportation impact fee program for the installation of a traffic signal at Creston Road/Stoney Creek Road. The applicant shall also make a fair share payment for all non-transportation impact fee improvements when the signal is installed by the Beechwood Specific Plan project. Non-transportation impact fee improvements are improvements that are not included in the cost estimates developed for the City’s AB1600 cost estimate.
If the Beechwood Specific Plan is not approved prior to the final of the 901st Vinedo Specific Plan wide issued building permit, the City will not issue additional building permits in the Specific Plan area until the signal is installed and accepted by the City. If the applicant is ready to final the last permit in their development prior to the 901st unit, the applicant shall reimburse the Vinedo Master Developer for their fair share cost of the improvement in accordance with the Development Agreement or as required by the City Council.
5. Creston Road/Meadowlark Road: The applicant shall contribute their fair-share amount through the city’s transportation impact fee program for the installation of a traffic signal and restriping at Creston Road/Meadowlark Road at each building permit final.
If the Beechwood Specific Plan is not approved prior to the final of the 901st Vinedo Specific Plan wide issued building permit, the City will not issue additional building permits in the Specific Plan area until the signal is installed and accepted by the City. If the applicant is ready to final the last permit in their development prior to the 901st unit, the applicant shall reimburse the Vinedo Master Developer for their fair share cost of the improvement in accordance with the Development Agreement or as required by the City Council.
6. 1st Street- Niblick Road/Spring Street Intersection: The applicant shall contribute their fair-share amount through the city’s transportation impact fee program for the installation of an eastbound right turn lane and the lengthening of the southbound left turn lanes at each building permit final.
7. Creston Road/Scott Street: The applicant shall contribute their fair-share amount through the city’s transportation impact fee program for the installation of a traffic signal and restriping at Creston Road/Scott Street at each building permit final. If the Beechwood Specific Plan is not approved prior to the final of the 901st building permit in the Specific Plan area the City will not issue additional CC Resolution 20-034 Page 9 of 30 Exhibit B
City Council Agenda November 5, 2024
Exhibit A
TR 3149 – PA-9 Small Lot Map Conditions
building permits in the Specific Plan area until the signal is installed. Should the applicant choose to construct the signal, the project will be eligible to receive transportation impact fee credits in accordance with City policy.
Timing: Transportation Impact Fee payment at time of final for each unit.
8. Creston/Charolais Road Intersection: The applicant will be required to pay its fair share reimbursement to the Master Developer for installation of a stop-controlled intersection at Creston Road/Charolais Road prior to issuance of the last building permit for this project.
9. 13th/Riverside Avenue Intersection: The applicant will be required to pay the fair share reimbursement to the Vinedo Master Developer for implementation of signal timing optimization (adaptive signal timing improving the efficiency of the corridor operations) and westbound right and northbound right turn overlap phases, at 13th/Riverside Avenue. If another party to the Specific Plan installs this improvement first, the applicant shall pay his fair share to the other party.
Timing: Prior to issuance of the first building permit.
10. 13th Street/Paso Robles Street Intersection: The applicant will be required to pay the fair share reimbursement to the Vinedo Master Developer for implementation of signal timing optimization (adaptive signal timing improving the efficiency of the corridor operations) and the evaluation and construction of an extension of the north bound right turn queue, at 13th Street/Paso Robles Street.
If another party to the Specific Plan installs this improvement first, the applicant shall pay his fair share to the other party.
Timing: Prior to issuance of the first building permit.
11. Creston Road/Niblick Road: The applicant shall pay his fair share to the Master Developer for installation of the second southbound left-turn, southbound right-turn, and eastbound right turn lanes at the intersection of Creston Road/Niblick Road. If another party to the Specific Plan installs this improvement first, the applicant shall pay his fair share to the other party.
Timing: When requested by the Vinedo Master Developer. This improvement is required prior to issuance of the 500th total building permit in the Specific Plan Area.
12. State Route 46/Golden Hill Road: Prior to building permit final for each unit, the applicant shall contribute their fair-share amount through the city’s transportation impact fee program for the ultimate improvements on SR 46 East, which include restricting access at this intersection to right-in, right-out.
13. Riverside Avenue/Pine Street/U.S. 101 southbound Ramp: Prior to building permit final for each unit, the applicant shall contribute their fair-share amount through the city’s transportation impact fee program for the installation of all-way stop control at the intersection of Riverside Avenue/Pine Street/U.S. 101 Southbound Ramp.
Water
1. Design, installation and testing of water facilities and easements are subject to approval by City Water Department and City Engineer.
CC Resolution 20-034 Page 10 of 30 Exhibit B
City Council Agenda November 5, 2024
Exhibit A
TR 3149 – PA-9 Small Lot Map Conditions
2. Provide easements meeting City requirements for all water and recycled lines located outside of City rights-of-way. Easements between building shall be a minimum of 30 feet and 20 feet in clear areas, with aggregate base all-weather road and clear of surface improvements, or as otherwise approved by the Public Works Director and City Engineer.
3. City water and recycled mains shall be installed beneath trench backfill consisting of well-graded native material, imported material, or aggregate base course compacted according to City Standards for pipe zone and trench backfill. City water and recycled mains shall not be installed beneath roadways with open- or poorly graded rock/ drain rock greater than 6 inches in total thickness, or pavers.
4. All water lines proposed under privately maintained roadways, Home Owners Association (HOA) areas etc., shall be within public utility or public water easement easements. In case of future maintenance or repair to underground water and recycled water facilities, the HOA will be responsible for all surface restoration and paving of trench repair areas. For City mains within privately maintained roadways, City will provide compacted trench backfill to road subgrade only.
The HOA articles of incorporation must include the provision that the HOA is responsible for repaving under excavations for utility repair.
5. Water mains in paved “reciprocal access” require looping and shall not be installed beneath pavers or drain rock. The final water system design shall be acceptable to the City Water Department and City Engineer.
6. Provide looping of all mains in “reciprocal access” ways and provide public water and recycled water easements as needed.
Recycled Water
1. Recycled water, when deemed available to the project by the City Engineer, shall be utilized to irrigate all common areas such as parks and landscape areas, including recreational areas unless this requirement is waived by the City Council. Individual residential and commercial lots will not be served by recycled water.
2. Design, installation, and testing of recycled water facilities and easements are subject to approval by City Water Department and City Engineer. Minimum recycled water main size shall be 4-inches.
3. All recycled water facilities including onsite irrigation systems shall comply with State and local requirements for recycled water facilities.
4. Recycled water mains and facilities shall be installed in conjunction with the installation of water and sewer facilities needed for this project.
Timing: Prior to issuance of building permits.
5. City landscape water connection will be used at each irrigation site until recycled water service is available. Applicant is responsible for City capital facility charges/connection fees, and for cross connection testing.
CC Resolution 20-034 Page 11 of 30 Exhibit B
City Council Agenda November 5, 2024
Exhibit A
TR 3149 – PA-9 Small Lot Map Conditions
6. Provide easements meeting City requirements for all water and recycled lines located outside of City rights-of-way. Easements between building shall be a minimum of 30 feet and 20 feet in clear areas, with aggregate base all-weather road and clear of surface improvements, or as otherwise approved by the Public Works Director and City Engineer.
7. City water and recycled mains shall be installed beneath trench backfill consisting of well-graded native material, imported material, or aggregate base course compacted according to City Standards for pipe zone and trench backfill. City water and recycled mains shall not be installed beneath roadways with open- or poorly graded rock/drain rock greater than 6-inches in total thickness, or pavers, unless modifications are approved by the City Engineer and Public Works Director.
8. All water lines proposed under privately maintained roadways, Homeowners Association (HOA) areas etc., shall be within public utility or public water easement easements. In case of future maintenance or repair to underground water and recycled water facilities, the HOA will be responsible for all surface restoration and paving of trench repair areas. For City mains within privately maintained roadways, City will provide compacted trench backfill to road subgrade only.
The HOA articles of incorporation must include the provision that the HOA is responsible for repaving under excavations for utility repair.
Wastewater
1. All wastewater lines will be constructed to City Engineering Standard Details and Specifications or as required by the City Engineer and Public Works Wastewater Department.
2. Wastewater lines shall not be located under pervious pavers or areas where water is designed to infiltrate without approval by the City Engineer and Public Works Director.
3. The Vinedo Specific Plan/(Olsen and South Chandler Small Lot Maps) is conditioned to reconstruct off-site sewer line segment along Commerce Way, Scott Street, and Flag Way prior to issuance of building permits in the Specific Plan area. Tract 3149 applicant shall reimburse the Vinedo Specific Plan applicant for his Backbone Infrastructure Fair Share costs as outlined in the Tract 3149 Development Agreement or as otherwise required by the City Council.
Timing: The off-site sewer segments must be completed prior to the issuance of the first residential unit building permit.
Utilities
1. All public and private utilities shall be constructed prior to issuance of building permits, or as approved by the City Engineer.
2. A composite Utility Plan will be required for this project.
3. All new utilities shall be located underground as part of this project.
CC Resolution 20-034 Page 12 of 30 Exhibit B
City Council Agenda November 5, 2024
Exhibit A
TR 3149 – PA-9 Small Lot Map Conditions
4. All above ground utilities around the perimeter, excepting the future Niblick Road Row, or interior to the project shall be relocated underground to the City Engineer’s satisfaction.
Timing: Prior to first residential unit occupancy.
5. Dry Utilities shall not be located in areas subject to inundation by stormwater facilities unless special permission is provided by the affected utility.
Storm Water
1. All onsite easements shall be private, except for the storm water easement established to convey stormwater flowing along the southern portion of the site along the Linne Road right of way. Public stormwater easements shall be 20 feet wide, or 30 feet if between buildings, with all-weather access provided to the cleanout and inlets shall be provided. The public stormwater easements shall be acceptable to the City Engineer.
Timing: prior to final map
2. The project is responsible for compliance with all drainage and post construction stormwater requirements of both the City and State.
Timing: prior to issuance of Grading Permits
3. The public storm water easement between lots 71 and 72 shall be private.
4. Prior to grading permits final and certificate of occupancy issuance, the applicant shall complete and submit the Stormwater Control Verification Form as well as an Operations and Maintenance Form for all private post-construction BMP found within the control of the Home Owners Association.
Standard Development Conditions
Planned Development Conditional Use Permit
Tentative Parcel Map Vesting Tentative Tract Map 3149
Approval Body: City Council Date of Approval:
Applicant: Fuentez, Meixner, Hastings, Beckham,
Shannon, and Holland
Location: Olsen-South Chandler Specific Plan (PA9)
APN: 009-798-003 and 009-796-002
The following conditions that have been checked are standard conditions of approval for the above referenced project. The checked conditions shall be complied with in their entirety before the project can be finalized, unless otherwise specifically indicated. In addition, there may be site specific conditions of approval that apply to this project in the resolution.
CC Resolution 20-034 Page 13 of 30 Exhibit B
City Council Agenda November 5, 2024
Exhibit A
TR 3149 – PA-9 Small Lot Map Conditions
COMMUNITY DEVELOPMENT DEPARTMENT - The applicant shall contact the Community Development Department, (805) 237-3970, for compliance with the following conditions:
A. GENERAL CONDITIONS – PD/CUP:
1. This project approval shall expire on _CC approval date____unless a time extension request is filed with the Community Development Department, or a State mandated automatic time extension is applied prior to expiration.
2. The site shall be developed and maintained in accordance with the approved plans and unless specifically provided for through the Planned Development process shall not waive compliance with any sections of the Zoning Code, all other applicable City Ordinances, and applicable Specific Plans.
3. To the extent allowable by law, Owner agrees to hold City harmless from costs and expenses, including attorney’s fees, incurred by City or held to be the liability of City in connection with City’s defense of its actions in any proceeding brought in any State or Federal court challenging the City’s actions with respect to the project. Owner understands and acknowledges that City is under no obligation to defend any legal actions challenging the City’s actions with respect to the project.
4. Any site specific condition imposed by the Planning Commission in approving this project (Conditional Use Permit) may be modified or eliminated, or new conditions may be added, provided that the Planning Commission shall first conduct a public hearing in the same manner as required for the approval of this project. No such modification shall be made unless the Commission finds that such modification is necessary to protect the public interest and/or neighboring properties, or, in the case of deletion of an existing condition, that such action is necessary to permit reasonable operation and use for this approval.
5. The site shall be kept in a neat manner at all times and the landscaping shall be continuously maintained in a healthy and thriving condition.
6. All signs shall be subject to review and approval as required by Municipal Code Section 21.19 and shall require a separate application and approval prior to installation of any sign.
7. All walls/fences and exposed retaining walls shall be constructed of decorative materials which include but are not limited to splitface block, slumpstone, stuccoed block, brick, wood, crib walls or other similar materials as determined by the Development Review Committee, but specifically excluding precision block.
8. Prior to the issuance of a Building Permit a landscape and irrigation plan consistent with the Landscape and Irrigation Ordinance, shall be submitted for City review and approval. The plan needs to be designed in a manner that utilizes drought tolerant plants, trees and ground covers and minimizes, if not eliminates the use of turf. The irrigation plan shall utilize drip irrigation and limit the use of spray irrigation. All existing and/or new landscaping shall be installed with automatic irrigation systems.
9. A reciprocal parking and access easement and agreement for site access, parking, and maintenance of all project entrances, parking areas, landscaping, hardscape, common open space, areas and site lighting standards and fixtures, shall be recorded prior to or in conjunction CC Resolution 20-034 Page 14 of 30 Exhibit B
City Council Agenda November 5, 2024
Exhibit A
TR 3149 – PA-9 Small Lot Map Conditions
with the Final Map. Said easement and agreement shall apply to all properties, and be referenced in the site Covenants, Conditions and Restrictions (CC&Rs).
10. All outdoor storage shall be screened from public view by landscaping and walls or fences per Section 21.21.110 of the Municipal Code.
11. For commercial, industrial, office or multi-family projects, all refuse enclosures are required to provide adequate space for recycling bins. The enclosure shall be architecturally compatible with the primary building. Gates shall be view obscuring and constructed of durable materials.
Check with Paso Robles Waste Disposal to determine the adequate size of enclosure based on the number and size of containers to be stored in the enclosure.
12. For commercial, industrial, office or multi-family projects, all existing and/or new groundmounted appurtenances such as air-conditioning condensers, electrical transformers, backflow devices etc., shall be screened from public view through the use of decorative walls and/or landscaping subject to approval by the Community Development Director or his designee.
Details shall be included in the building plans.
13. All existing and/or new roof appurtenances such as air-conditioning units, grease hoods, etc. shall be screened from public view. The screening shall be architecturally integrated with the building design and constructed of compatible materials to the satisfaction of the Community Development Director or his designee. Details shall be included in the building plans.
14. All existing and/or new lighting shall be shielded so as to be directed downward in such a manner as to not create off-site glare or adversely impact adjacent properties. The style, location and height of the lighting fixtures shall be submitted with the building plans and shall be subject to approval by the Community Development Director or his designee.
15. It is the property owner's responsibility to insure that all construction of private property improvements occur on private property. It is the owner's responsibility to identify the property lines and insure compliance by the owner's agents.
16. Any existing Oak trees located on the project site shall be protected and preserved as required in City Ordinance No.835 N.S., Municipal Code No. 10.01 "Oak Tree Preservation", unless specifically approved to be removed. An Oak tree inventory shall be prepared listing the Oak trees, their disposition, and the proposed location of any replacement trees required.
In the event an Oak tree is designated for removal, an approved Oak Tree Removal Permit must be obtained from the City, prior to removal.
17. No storage of trash cans or recycling bins shall be permitted within the public rightof-way.
18. Prior to recordation of the map or prior to occupancy of a project, all pertinent conditions of approval shall be completed to the satisfaction of the City Engineer and Community Developer Director or his designee.
19. Two sets of the revised Planning Commission approved plans incorporating all Conditions of Approval, standard and site specific, shall be submitted to the Community Development Department prior to the issuance of building permits.
20. Prior to the issuance of building permits, the
CC Resolution 20-034 Page 15 of 30 Exhibit B
City Council Agenda November 5, 2024
Exhibit A
TR 3149 – PA-9 Small Lot Map Conditions
Development Review Committee shall approve the following:
Planning Division Staff shall approve the following:
a. A detailed site plan indicating the location of all structures, parking layout, outdoor storage areas, walls, fences and trash enclosures;
b. A detailed landscape plan;
c. Detailed building elevations of all structures indicating materials, colors, and architectural treatments;
d. Other: See Site Specific Conditions of Approval.
B. GENERAL CONDITIONS – TRACT/PARCEL MAP:
1. In accordance with Government Section 66474.9, the subdivider shall defend, indemnify and hold harmless the City, or its agent, officers and employees, from any claim, action or proceeding brought within the time period provided for in Government Code section 66499.37, against the City, or its agents, officers, or employees, to attack, set aside, void, annul the City's approval of this subdivision. The City will promptly notify subdivider of any such claim or action and will cooperate fully in the defense thereof.
2. The Covenants, Conditions, and Restrictions (CC&Rs) and/or Articles Affecting Real Property Interests are subject to the review and approval the Community Development Director, the Public Works Director and/or the City Attorney. They shall be recorded concurrently with the Final Map or prior to the issuance of building permits, whichever occurs first. A recorded copy shall be provided to the affected City Departments.
3. Prior to recordation of any Final Map, the owner shall petition to annex residential Tract 3149 into the applicable City of Paso Robles Community Facilities Districts established for the Vinedo Specific Plan.
4. Street names shall be submitted for review and approval by the Planning Commission, prior to approval of the final map.
5. The following areas shall be permanently maintained by the property owner, Homeowners’ Association, or other means acceptable to the City:
• All private Streets and lighting
• All private Trails
• All private common landscape areas, fence and walls
• All private storm drainage facilities, basins and pipes ****************************************************************************** ENGINEERING DIVISION- The applicant shall contact the Engineering Division, (805) 237-3860, for compliance with the following conditions:
All conditions marked are applicable to the above referenced project for the phase indicated.
C. PRIOR TO ANY PLAN CHECK:
CC Resolution 20-034 Page 16 of 30 Exhibit B
City Council Agenda November 5, 2024
Exhibit A
TR 3149 – PA-9 Small Lot Map Conditions
1. The applicant shall enter into an Engineering Plan Check and Inspection Services Agreement with the City.
D. PRIOR TO ISSUANCE OF A GRADING PERMIT:
1. Prior to approval of a grading plan, the developer shall apply through the City, to FEMA and receive a Letter of Map Amendment (LOMA) issued from FEMA. The developer's engineer shall provide the required supporting data to justify the application.
2. Any existing Oak trees located on the project site shall be protected and preserved as required in City Ordinance No. 553, Municipal Code No. 10.01 "Oak Tree Preservation", unless specifically approved to be removed. An Oak tree inventory shall be prepared listing the Oak trees, their disposition, and the proposed location of any replacement trees required. In the event an Oak tree is designated for removal, an approved Oak Tree Removal Permit must be obtained from the City, prior to its removal.
3. A complete grading and drainage plan shall be prepared for the project by a registered civil engineer and subject to approval by the City Engineer. The project shall conform to the City’s Storm Water Discharge Ordinance.
4. A Preliminary Soils and/or Geology Report providing technical specifications for grading of the site shall be prepared by a Geotechnical Engineer.
5. A Storm Water Pollution Prevention Plan per the State General Permit for Strom Water Discharges Associated with Construction Activity shall be provided for any site that disturbs greater than or equal to one acre, including projects that are less than one acre that are part of a larger plan of development or sale that would disturb more than one acre.
E. PRIOR TO ISSUANCE OF A BUILDING PERMIT:
1. All off-site public improvement plans shall be prepared by a registered civil engineer and shall be submitted to the City Engineer for review and approval. The improvements shall be designed and placed to the Public Works Department Standards and Specifications or as required by the City Engineer to enable orderly development.
2. The applicant shall submit a composite utility plan signed as approved by a representative of each public utility.
3. Landscape and irrigation plans for the public right-of-way shall be incorporated into the improvement plans and shall require approval by the Streets Division Supervisor and the Community Development Department.
4. In a special Flood Hazard Area as indicated on a Flood Insurance Rate Map (FIRM) the owner shall provide an Elevation Certificate in accordance with the National Flood Insurance program. This form must be completed by a land surveyor or civil engineer licensed in the State of California.
F. PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY OR RECORDATION OF THE FINAL MAP:
CC Resolution 20-034 Page 17 of 30 Exhibit B
City Council Agenda November 5, 2024
Exhibit A
TR 3149 – PA-9 Small Lot Map Conditions
The Planning Commission has made a finding that the fulfillment of the construction requirements listed below are a necessary prerequisite to the orderly development of the surrounding area.
1. The applicant shall pay any current and outstanding fees for Engineering Plan Checking and Construction Inspection services.
2. All public improvements are completed and approved by the City Engineer, and accepted by the City Council, except for maintenance for private streets, drives and landscaping which will be provided by the Home Owners Association.
3. The owner shall offer to dedicate all of streets indicated on the map to the standard indicated in the Vinedo Specific Plan:
Airport Road Per Specific Plan NA
Niblick Road Per Specific Plan NA
Street Name City Standard Standard Drawing No.
4. If, at the time of approval of the final map, any required public improvements have not been completed and accepted by the City the owner shall be required to enter into a Subdivision Agreement with the City in accordance with the Subdivision Map Act.
Bonds required and the amount shall be as follows:
Performance Bond...............100% of improvement costs including contingencies.
Labor and Materials Bond........50% of performance bond including contingencies (Note: how are we handling the HOA? Do they need to annex this subdivision?)
5. If the existing City street adjacent to the frontage of the project are inadequate for the traffic generated by the project, or will be severely damaged by the construction, the applicant shall excavate the entire structural section and replace it with a standard half-width street plus a 12' wide travel lane and 8' wide graded shoulder adequate to provide for two-way traffic.
6. If the existing pavement and structural section of the City street adjacent to the frontage of the project is inadequate, the applicant shall provide a new structural section from the proposed curb to the edge of pavement and shall overlay the existing paving to centerline for a smooth transition.
7. Due to the number of utility trenches required for this project, the City Council adopted Pavement Management Program requires a pavement overlay on _____________along the frontage of the project.
8. The applicant shall install all utilities. Street lights shall be installed at locations as required by the City Engineer. All existing overhead utilities adjacent to or within the project shall be relocated underground except for electrical lines 77 kilovolts or greater. All utilities shall be extended to the boundaries of the project.
9. The owner shall offer to dedicate to the City the following easement(s). The location and alignment of the easement(s) shall be to the description and satisfaction of the City Engineer:
CC Resolution 20-034 Page 18 of 30 Exhibit B
City Council Agenda November 5, 2024
Exhibit A
TR 3149 – PA-9 Small Lot Map Conditions
a. Public Utilities Easement;
b. Water Line Easement;
c. Sewer Facilities Easement;
d. Landscape Easement;
e. Storm Drain Easement.
e. Recycled Water Line Easement.
10. The developer shall annex to the City's Landscape and Lighting District for payment of the operating and maintenance costs of the following:
a. Street lights;
b. Parkway/open space landscaping;
c. Wall maintenance in conjunction with landscaping;
d. Graffiti abatement;
e. Maintenance of open space areas.
11. For a building with a Special Flood Hazard Area as indicated on a Flood Insurance Rate Map (FIRM), the developer shall provide an Elevation Certificate in accordance with the National Flood Insurance Program. This form must be completed by a lands surveyor or civil engineer licensed in the State of California.
12. All final property corners shall be installed after prior to occupancy of any unit.
13. All areas of the project shall be protected against erosion by hydro seeding or landscaping.
14. All construction refuse shall be separated (i.e. concrete, asphalt concrete, wood gypsum board, etc.) and removed from the project in accordance with the City's Source Reduction and Recycling Element.
15. Clear blackline mylars and paper prints of record drawings, signed by the engineer of record, shall be provided to the City Engineer prior to the final inspection. An electronic autocad drawing file registered to the California State Plane – Zone 5 / NAD83 projected coordinate system, units in survey feet, shall be provided.
****************************************************************************** PASO ROBLES DEPARTMENT OF EMERGENCY SERVICES- The applicant shall contact the Department of Emergency Services, (805) 227-7560, for compliance with the following conditions:
G. GENERAL CONDITIONS
1. Prior to the start of construction:
Plans shall be reviewed, approved and permits issued by Emergency Services for underground fire lines.
Applicant shall provide documentation to Emergency Services that required fire flows can be provided to meet project demands.
Fire hydrants shall be installed and operative to current, adopted edition of the California Fire Code.
A based access road sufficient to support the department’s fire apparatus (HS-20 truck CC Resolution 20-034 Page 19 of 30 Exhibit B
City Council Agenda November 5, 2024
Exhibit A
TR 3149 – PA-9 Small Lot Map Conditions
loading) shall be constructed and maintained for the duration of the construction phase of the project.
Access road shall be at least twenty (20) feet in width with at least thirteen (13) feet, six (6) inches of vertical clearance.
2. Provide central station monitored fire sprinkler system for all residential, commercial and industrial buildings that require fire sprinklers in current, adopted edition of the California Building Code, California Fire Code and Paso Robles Municipal Code.
Plans shall be reviewed, approved and permits issued by Emergency Services for the installation of fire sprinkler systems.
3. If required by the Fire Chief, provide on the address side of the building if applicable:
Fire alarm annunciator panel in weatherproof case.
Knox box key entry box or system.
Fire department connection to fire sprinkler system.
4. Provide temporary turn-around to current City Engineering Standard for phased construction streets that exceed 150 feet in length.
5. Project shall comply with all requirements in current, adopted edition of California Fire Code and Paso Robles Municipal Code.
6. Prior to the issuance of Certificate of Occupancy:
Final inspections shall be completed on all underground fire lines, fire sprinkler systems, fire alarm systems and chemical hood fire suppression systems.
Final inspections shall be completed on all buildings.
CC Resolution 20-034 Page 20 of 30 Exhibit B
City Council Agenda November 5, 2024
Exhibit
B
CC Resolution 20-034 Page 21 of 30
Exhibit B Page 350 of 396 City Council Agenda November 5, 2024 Exhibit B
CC Resolution 20-034 Page 22 of 30 Exhibit B
City Council Agenda November 5, 2024
Exhibit
B
CC Resolution 20-034 Page 23 of 30
Exhibit B
NOTE:
Right
of
Way
Offers
of
Dedication
for
Niblick,
Airport,
and
Linne
Roads
will
be
provided
on
the
Final
Map
to the City Engineer's satisfaction. Page 352 of 396 City Council Agenda November 5, 2024 Exhibit B
CC Resolution 20-034 Page 24 of 30 Exhibit B
City Council Agenda November 5, 2024
Exhibit C
CC Resolution 20-034 Page 25 of 30 Exhibit B
City Council Agenda November 5, 2024
Exhibit D
CC Resolution 20-034 Page 26 of 30 Exhibit B
City Council Agenda November 5, 2024
Exhibit D
CC Resolution 20-034 Page 27 of 30 Exhibit B
City Council Agenda November 5, 2024
Exhibit D
CC Resolution 20-034 Page 28 of 30 Exhibit B
City Council Agenda November 5, 2024
Exhibit D
CC Resolution 20-034 Page 29 of 30 Exhibit B
City Council Agenda November 5, 2024
Exhibit E Map Phasing CC Resolution 20-034 Page 30 of 30 Exhibit B
City Council Agenda November 5, 2024
Council Agenda Report
From: Katie Banister, Associate Planner
Lori Wilson, Assistant Planner
Subject: Oak Tree Removal Permit 24-08–Request to Remove One Coast Live Oak Tree located at 306 12th Street (OTR24-08, P24-0054)
CEQA: Staff recommends the City Council approve a Resolution thereby approving the removal of one coast live oak located at 306 12th Street (OTR24-08,P24-0054), and finding the project exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Public Resources Code section 21080(b)(4) and State CEQA Guidelines section 15269(c), and categorically exempt pursuant to State CEQA Guidelines section 15304.
Date: November 5, 2024
Facts
1. The City received an application for a grading permit (E24-0001) and building permit (B24-0039) for the construction of a new 749 square-foot accessory dwelling unit and 352 square-foot attached garage (“the project”) on a developed lot at 306 12th Street (APN 009-082-001).
2. The existing residence on the property was constructed in 1895 and is on the City’s Historic Resources Inventory.
3. There are 2 oak trees on the property – a 34-inch diameter blue oak tree and a 102-inch diameter 5- stemmed live oak tree.
4. Based on the submittal of a Tree Hazard Evaluation report prepared by Certified Arborist Robert Schreiber, the Director of Community Development approved the removal of the 34-inch diameter blue oak tree as an emergency removal on October 28, 2024 due to its significantly deteriorated condition.
5. The remaining request is to remove a 102-inch diameter 5-stemmed live oak tree to accommodate construction of the project.
6. Certified arborist, Cory Pereira of Whit’s Turn, evaluated the oak trees on the property, provided an evaluation of their health, and recommended both trees be removed (Attachment 2).
7. Certified arborist, Robert Schreiber of Arbor First, evaluated the oak trees on the property, and provided an arborist report recommending both trees be removed (Attachment 3).
8. Acting as the City’s contract arborist, Chris Stier formerly of Greenvale Tree, visited the site with City staff and provided a preliminary analysis and verbal assessment of the oak trees on the property and recommended the project be designed to reduce impacts to and retain the live oak tree.
9. Acting as the City’s contract arborist and in an effort to address conflicting arborist reports, Michael Bova of Davey Resource Group conducted a site visit and suggested an emergency removal request be submitted for the blue oak tree. Mr. Bova prepared a report on the live oak tree and determined based on visual evaluations of structural defects and the proposed development plan, the tree was a poor candidate for preservation and recommend removal. (Attachment 4, Exhibit A).
10. Paso Robles Municipal Code 10.01.050.A requires any person wishing to remove one or more oak trees to apply in writing to the Community Development Department for a permit.
11. Paso Robles Municipal Code 10.01.050.D.2 requires the Director of Community Development to prepare a report for the City Council’s consideration of, among other things, “The necessity of the requested action to allow construction of improvements or otherwise allow reasonable use of the property for the purpose for which it has been zoned. In this context, it shall be the burden of the
City Council Agenda November 5, 2024
person seeking the permit to demonstrate to the satisfaction of the director that there are no reasonable alternatives to the proposed design and use of the property. Every reasonable effort shall be made to avoid impacting oak trees, including but not limited to use of custom building design and incurring extraordinary costs to save oak trees”.
12. For the reasons further described herein, the Director of Community Development is recommending that the City Council approve Oak Tree Removal Permit OTR 24-08, based on a finding that the condition of the oak trees with respect to their general health, danger of falling, and proximity to existing or proposed structures justify the removal of the oak tree located on 306 12th Street and impose oak tree mitigation measures, as further described in the attached Resolution.
13. The proposed project to remove one 102-inch diameter 5-stemmed live oak tree is exempt from environmental review pursuant to Public Resources Code section 21080(b)(4) and State CEQA Guidelines section 15269(c) as an Emergency Project. The proposed project is also categorically exempt pursuant to State CEQA Guidelines Section 15304 – Class 4, Minor Alterations to Land.
Options
1. Approve Resolution 24-XXX, approving Oak Tree Removal Permit OTR 24-08, based on a finding that the condition of the oak trees with respect to their general health, danger of falling, and proximity to existing or proposed structures justify the removal of the oak tree; or
2. Provide alternative direction to staff.
Analysis and Conclusions
The applicant has requested permits to build an ADU with attached garage behind the existing historic residence on the property. Two large oak trees are growing in the back yard. Tree 1, a 102-inch coast live oak tree is located about 10 feet from both the rear and east side property lines. Tree 2, a 34-inch blue oak tree is located about 15 feet from the rear property line and 10 feet from the west/Chestnut Street side property line.
Tree 1
102-inch coast live oak tree
Tree 2
34-inch blue oak tree – approved as emergency
removal
City Council Agenda November 5, 2024
State law generally requires the City to allow construction of an accessory dwelling unit up to 800 square feet in habitable space if the accessory dwelling unit meets applicable criteria. The proposed structure for the proposed project includes a 749 square-foot accessory dwelling unit and 352 square-foot attached garage.
Site Plan
On October 25, 2024, a request to deem the 34-inch blue oak tree as hazardous and requiring an emergency removal was submitted by arborist, Robert Schrieber. Based on a large cavity and lack of significant wood holding the structure of the tree intact, the City issued an emergency oak tree removal permit on November 1, 2024. The project applicant now seeks the City’s approval to remove the 102-inch diameter 5-stemmed live oak tree.
The purpose of the Oak Tree Preservation Ordinance is to preserve oak trees to the greatest extent possible. In connection with decisions on permit applications, the Ordinance requires the Director to include or recommend for City Council consideration of reasonable conditions to ensure compliance with the stated purposes of this Ordinance, including a condition requiring replacement oaks being equivalent to twenty five percent of the diameter of the removed tree(s).
The Ordinance further requires that alternative site plans be considered by the City Council that would preserve oak trees. The applicant has provided an alternative site plan, which was reviewed by Michael Bova with Davey Resource Group. Based on a portion of the structure encroaching into the structural root zone (SRZ) of the live oak and visual evaluations of structural defects, Michael Bova recommended removal of the tree.
The Oak Tree Preservation Ordinance requires staff to consider 5 factors when making a recommendation to City Council for oak tree removal permits. The factors are listed below with an explanation for how each was considered in staff’s recommendation in italics:
1. The condition of the oak tree with respect to its general health, status as a public nuisance, danger of falling, proximity to existing or proposed structures, interference with utility services, and its 102-inch live oak
34-inch blue oak
City Council Agenda November 5, 2024
status as host for a plant, pest or disease endangering other species of trees or plants with infection or infestation;
The City has received conflicting analysis from several certified arborists. However, the majority of arborists, including the most recent report from Davey Resource Group agree that the live oak tree is in poor condition and removal is recommended because its condition poses a public hazard.
2. The necessity of the requested action to allow construction of improvements or otherwise allow reasonable use of the property for the purpose for which it has been zoned. In this context, it shall be the burden of the person seeking the permit to demonstrate to the satisfaction of the director that there are no reasonable alternatives to the proposed design and use of the property. Every reasonable effort shall he made to avoid impacting oak trees, including but not limited to use of custom building design and incurring extraordinary costs to save oak trees; There is ample room on the site to construct an 800 square-foot accessory dwelling unit without removing the oak tree. The City is required by the State to allow at least an 800 square-foot ADU if it meets certain eligibility criteria. While the proposed ADU meets such criteria, the attached garage is not entitled to the same approvals as the ADU under the same law. It appears there would be several options for placement of the ADU if the garage was removed from the plans, that would reduce impacts to the oak tree. In addition, the zoning ordinance allows modification to building separations and setbacks, which would allow the building to be moved further from the oak tree than shown on the alternate site plan provided by the applicant. The impact of the project could be further reduced through the use of a special foundation technique such as a raised foundation, caissons, or a flat slab.
However, based on the recommendations of multiple arborist, the best course of action appears to be removal of the tree with mitigation.
3. The topography of land, and the potential effect of the requested tree removal on soil retention, water retention, and diversion or increased flow of surface waters. The director shall consider how either the preservation or removal of the oak tree(s) would relate to grading and drainage.
Except as specifically authorized by the planning commission and city council, ravines, stream beds and other natural water-courses that provide a habitat for oak trees shall not be disturbed; The subject oak does not contribute to an intact habitat and is not in proximity to significant flow of surface waters.
4. The number, species, size and location of existing trees in the area and the effect of the requested action on shade areas, air pollution, historic values, scenic beauty and the general welfare of the city as a whole;
The site is part of the historic downtown with a residence built in 1895. The property exemplifies the development style of old Paso Robles. The tree provides significant shade and beauty, and contributes to the historic value of the property and the downtown. The applicant will be required to replant 4 oak trees on-site to mitigate the loss.
5. Good forestry practices such as, but not limited to, the number of healthy trees the subject parcel of land will support.
The site is 7,000 square feet in size, which is typical for downtown residential lots. The applicant will be required to replant 4 oak trees on-site to mitigate the loss.
When considering all required factors, due to the overall health of the tree and its proximity to proposed structures, staff finds the removal is justified given the information provided.
City Council Agenda November 5, 2024
Fiscal Impact
There is no direct fiscal impact on the City from this action.
CEQA Determination
Staff recommends that pursuant to the California Environmental Quality Act (CEQA), the City Council determine that this proposal to remove the 102-inch diameter 5-stemmed live oak tree is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Public Resources Code section 21080(b)(4) and State CEQA Guidelines section 15269(c) because the removal of this tree is necessary to prevent whole tree failure from impacting neighboring homes, including the historic structure on the proposed project site. Moreover, section 15269(c), exempts activities necessary to prevent or mitigate an emergency. This exemption may be used for situations that have a low probability of occurring in the short term if the expected time to conduct CEQA review would create a risk to public health, safety, or welfare. (State CEQA Guidelines, §15269(c).) According to the October 2024 arborist report, tree failure is likely and would potentially impact the neighboring home and presumably endanger the lives of those who live in the home. Thus, the risk to public health, safety, or welfare from likely tree failure exempts this project from environmental review.
Furthermore, in accordance with the CEQA Guidelines, the Project is also categorically exempt pursuant to State CEQA Guidelines Section 15304 – Class 4, Minor Alterations to Land, which consist of minor private alterations in the condition of land and/or vegetation which do not involve the removal of a healthy, mature, scenic trees. Here, the proposed project involves the removal of one oak tree that is structurally compromised and poses a hazard due to its condition and proximity to existing structures.
Moreover, the tree removal process is limited to the removal of one oak tree in poor health and is thus a minor private alteration. There is no evidence of any unusual or special conditions that would result in a significant effect on the environment.
Lastly, none of the exceptions to the use of a categorical exemption identified in State CEQA Guidelines section 15300.2 apply. The project site does not contain any environmentally sensitive areas. There is no potential for cumulative impacts; there are no unusual circumstances that would have a significant impact on the environment; the actions would not negatively impact scenic resources within a duly designated scenic highway; there is no record of hazardous waste. As stated above, the existing residence is on the City’s Historic Resources Inventory. However, there is no potential to impact historic resources because a licensed professional will be hired to remove the oak tree. It is the licensed professional’s job to ensure damage does not occur to structures during the removal process. Staff is further directed to file a Notice of Exemption for this resolution with the County Clerk and the State Clearinghouse in accordance with State CEQA Guidelines.
Recommendation (Option 1)
Approve Resolution 24-XXX, approving oak tree removal permit OTR24-08 based on a finding that the condition of the oak tree with respect to its general health, danger of falling, and proximity to existing or proposed structures justify the removal of the oak tree.
Attachments
1. Vicinity Map
2. Arborist Report from Cory Pereira
3. Report from Robert Schreiber
4. Resolution 24-XXX Authorizing the Removal of one Live Oak Tree a. Exhibit A - Arborist Report from Michael Bova
b. Exhibit B - Site Plan
City Council Agenda November 5, 2024
Attachment 1
Vicinity Map
City Council Agenda November 5, 2024
P.O. Box 1784 Templeton, CA 93465
Telephone: 805-434-9630 Fax: 805-434-9610
DATE: 3/30/23
CLIENTS NAME: Josh Wills
PROPERTY LOCATION: 306 12th St, Paso Robles
DEFINITION OF ASSIGNMENT: Certified Arborist to determine health of two oak trees growing in the backyard of the home and if there is a hazard to the neighboring properties.
OBSERVATIONS: Both trees on site have extensive defects and decay. The Valley Oak has a large cavity in the main stem with very little holding wood.(see photo #3,4) The California live oak has 5 main stems that have been measured individually and added together to estimate diameter at breast height. The stems have fused together at the base, creating included bark and reducing the strength of the attachments. (see photo #6) The included bark increases the failure potential and the possibility of strike potential on the neighboring houses. (see photo# 5) Two of the stems are leaning over onto the neighboring property.
Attachment 2
City Council Agenda November 5, 2024
Photo #1- View of Backyard and tree locations
Tree Description and Size:
1. Valley Oak (Quercus lobata) is growing on the west side of the backyard and is 34 DBH and approximately 35 ft tall. (See photo #2)
2. California Live Oak (Quercus agrifolia) is a multi-stem tree growing on the east side of the yard and is 103”DBH and 50 ft tall. The tree has 5 main stems and were measured and added together for the DBH. (See photo # 4)
Photo #2 Valley Oak (Quercus lobata) Photo #3- trunk defect Photo #4- large cavity in trunk Attachment 2
City Council Agenda November 5, 2024
Photo #5 Live Oak (Quercus agrifolia) Photo #6- Defect at base with included bark CONCLUSION: Both of these trees are in decline and have become hazards. The California live oak has the potential to strike two different properties and cause extensive damage. The Valley oak has very little holding wood left at the base and can also cause damage when it fails. I believe both trees should be removed in the near future.
Cory Pereira
Certified Arborist
WE-4256AU
[email protected]
Attachment 2
City Council Agenda November 5, 2024
Certified Arborist Report
Prepared for:
Preston Jones
PJ Designs
800 Ward Court
Templeton, CA 93465
Prepared By:
ISA Certified Arborist
Robert Schreiber
170 Terra St
Morro Bay, CA 93442
805-772.5400
ISA Certified Arborist
#FL-0314A
Attachment 3
City Council Agenda November 5, 2024
May 23, 2024
Preston Jones
PJ Designs
800 Ward Ct., Templeton, CA 93465
PROJECT LOCATION:
306 12th Street, Paso Robles, CA 93446
APN #009-082-001
PREPARED BY:
Robert Schreiber
170 Terra Street, Morro Bay, CA 93442
Telephone - 805.772.5400
E-mail – [email protected]
Web Site - www.arborfirst.com
Exhibit A
City Council Agenda November 5, 2024
Introduction:
The property is located at 306 12th Street in the City of Paso Robles. It is in the cities R-1 zoning district. The proposed project includes construction of a new auxiliary dwelling unit (ADU) in the back yard of the subject property. The proposed footprint of the new ADU is expected to be within the driplines of one (1) Coast Live Oak (Quercus agrifolia) and one (1) Valley Oak (Quercus lobata) tree in the back yard. The purpose of this report is to analyze any adverse impacts that construction may have on the health of these trees and propose mitigation measures to reduce impact to the urban forest of the City of Paso Robles.
Methodology:
Title 10 of the City of Paso Robles’s municipal code defines the critical root zone (CRZ) as:
“…an area of root space that is within a circle circumscribed around the trunk of a tree using a radius of one foot per inch diameter at breast height, e.g. a twentyinch diameter tree has a CR1 with a radius of twenty feet as measured from the center of the tree.”
The Diameter at Breast Height (DBH) is defined as four and one half feet (4.5’) above ground level. This method was used to analyze the CRZ’s for this project. The Valley Oak tree has a DBH of 33.9”. Therefore, the CRZ is a circle radiating outward from the trunk of the tree twenty-four feet (33.9’). The Coast Live Oak tree has five (5) main leaders all growing from the crown of the root ball. All of these leaders are below 4.5’.
Therefore, the DBH of each leader is added together to arrive at the trees’ DBH. The measurements were as follows: 17.6”, 22.9”, 22.7”, 16.3” & 23.1”. The cumulative total is 102.6”. Therefore, the CRZ is a circle radiating outward from the trunk of the tree one hundred two point 6’ (102.6’)
Tree Conditions Ratings:
We evaluated the tree's conditions using a rating system. The ratings ranged from Excellent to Dead, based on various factors such as branch structure, decay, structural defects, crown fullness, leaf color and size, and twig dieback.
Excellent: Has a well-balanced branch structure, free of decay or significant structural flaws, and a full crown with healthy leaf color and minimal twig dieback.
Good: Exhibits a balanced branch structure with minor decay and few structural issues, along with a full crown displaying good leaf color and size, with minimal to moderate twig dieback.
Fair: Shows a balanced to somewhat asymmetric branch structure with minor decay and manageable structural flaws, requiring pruning, and a crown ranging from full to moderately full, with average leaf color and size, and moderate twig dieback.
Exhibit A
City Council Agenda November 5, 2024
Poor: Displays an asymmetric branch structure with significant decay and structural flaws, possibly including prior large branch failures that pruning may not fully address.
The crown is thinning, with moderate to severe twig dieback.
Very Poor: Demonstrates an asymmetric branch structure with substantial decay and significant structural flaws, including prior large branch failures that pruning cannot sufficiently address. The crown is thinning significantly, with severe twig dieback.
Dead: Shows no visible signs of life.
Tree # Species DSH Height Condition
1 Valley Oak
{Quercus lobata}
33.9” 51’ Poor
2 Coast Live Oak
{Quercus agrifolia}
102.6” 37’ Poor
TREE NUMBER 1:
The Coast Live Oak, as above noted, has five (5) leaders that have grown together at the base of the tree resulting in substantial included bark reducing the strength of the leader attachments. Prior large leaders have been removed from the tree. The sites of these removals have not healed properly and evidence of decay is visible. There large colonies of carpenter ants present at the above noted removal site as well as throughout the base of the tree and throughout the remaining leaders. Carpenter ant nests are very common inside trees, especially older trees that are hollow or have a significant amount of dead limbs and branches. The nests are usually in rotted, decayed wood, although some nests may extend into sound heartwood in the center of the tree.
Carpenter ants cannot eat wood. Instead they discard sawdust outside of the tree as they chew up the wood to make nest tunnels and chambers inside the tree.
Carpenter ants in trees are not directly harmful to the tree. Therefore, control is not essential for the tree's health, as the ants are only taking advantage of an existing situation of soft, weak wood in which to establish their colony. Stress, mechanical injury, environmental conditions, disease, or other insects are responsible for killing limbs or sections of the trees in which the ants can nest. Once injury has occurred, wood decay can set in if moisture is present; the wood decay allows the carpenter ants the opportunity to colonize the tree. Carpenter ants use knots, cracks, holes, and old insect tunnels to gain access to these areas.
Exhibit A
City Council Agenda November 5, 2024
TREE NUMBER 2:
The Valley Oak tree is in poor health. There is a five (5) foot cavity beginning approximately two (2) feet above grade and extending approximately seven (7) feet above grade. The extent of the cavity results in very little holding wood supporting the upper structure of the tree. This tree is in serious decline and presents a near term threat of failure.
Conclusions and Recommendations:
The subject trees are leaning over adjacent properties as well as the fenceline abuting a city street. The proposed new structure will be situated within the Critical Root Zone (CRZ) of both the subject trees.
Based on the poor health of the trees, the increased degradation of the attachments and holding wood and the extreme possibility of failure from natural causes, the safest recommendation is to remove both trees. This recommendation is being made regardless of the proposed construction as a matter of safety to persons and property.
Appendices:Photographs
Exhibit A
City Council Agenda November 5, 2024
Tree #1
Tree #1
Exhibit A
City Council Agenda November 5, 2024
Tree #1
Tree #1
Exhibit A
City Council Agenda November 5, 2024
Tree #1
Tree #2
Exhibit A
City Council Agenda November 5, 2024
Tree #2
Tree #2
Exhibit A
City Council Agenda November 5, 2024
Attachment 4
RESOLUTION 24-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PASO ROBLES AUTHORIZING THE REMOVAL OF ONE 102 DBH INCH COAST LIVE OAK TREE AT 306 12TH STREET, APN 009-082-001
WHEREAS, the City received an application for a grading permit (E24-0001) and building permit (B24- 0039) for the construction of a new 749 square-foot accessory dwelling unit and 352 square-foot attached garage (“the project”) on a developed lot at 306 12th Street (APN 009-082-001); and WHEREAS, the existing residence on the property was constructed in 1895 and is on the City’s Historic Resources Inventory.
WHEREAS, the City received an application for Oak Tree Removal Permit OTR24-08 (P24-0054). The request is to remove one 102-inch coast live oak tree to accommodate construction of the project; and
WHEREAS, certified arborist, Robert Schreiber of Arbor First, evaluated the oak tree on the property and provided an arborist report; and
WHEREAS, certified arborist, Cory Pereira of Whit’s Turn, evaluated the oak tree on the property and provided an evaluation of their health; and
WHEREAS, acting as the City’s contract arborist, Chris Stier formerly of Greenvale Tree, visited the site with City Staff and provided a preliminary analysis and verbal assessment of the oak tree on the property; and
WHEREAS, certified arborist, Michael Bova of Davey Resource Group, evaluated the oak tree on the property and provided a report; and
WHEREAS, as currently designed, the project would impact the oak tree, which arborist Michael Bova describes as a poor candidate for preservation and has recommended removal because its condition poses a public hazard, as further described in the Arborist Report attached hereto as Exhibit “A”; and WHEREAS, Paso Robles Municipal Code 10.01.050.D.2 requires the consideration of “The necessity of the requested action to allow construction of improvements or otherwise allow reasonable use of the property for the purpose for which it has been zoned. In this context, it shall be the burden of the person seeking the permit to demonstrate to the satisfaction of the director that there are no reasonable alternatives to the proposed design and use of the property. Every reasonable effort shall he made to avoid impacting oak trees, including but not limited to use of custom building design and incurring extraordinary costs to save oak trees”; and
WHEARAS, staff recommends the City Council approve removal of one live oak tree due to existing structural defects and the arborists conclusion the tree would be a poor candidate for preservation; and
City Council Agenda November 5, 2024
Attachment 4
WHEREAS, the project is exempt pursuant to Public Resources Code section 21080(b)(4) and State CEQA Guidelines section 15269(c) as an Emergency Project, and categorically exempt pursuant to State CEQA Guidelines Section 15304 – Class 4, Minor Alterations to Land; and WHEREAS, the City Council met to discuss the request for an oak tree removal on November 5, 2024, considered the facts as presented in the staff report prepared for this project, and accepted public testimony.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. All of the above recitals are true and correct and incorporated herein by reference.
Section 2. _The City hereby makes the following findings with respect to the California Environmental Quality Act (“CEQA”): The removal of the 102-inch diameter 5-stemmed live oak tree is exempt from the provisions of CEQA pursuant to Public Resources Code section 21080(b)(4) and State CEQA Guidelines section 15269(c) because the removal of thistree is necessary to prevent whole tree failure from impacting neighboring homes, including the historic structure on the proposed project site. Moreover, section 15269(c), exempts activities necessary to prevent or mitigate an emergency. This exemption may be used for situations that have a low probability of occurring in the short term if the expected time to conduct CEQA review would create a risk to public health, safety, or welfare. (State CEQA Guidelines, §15269(c).) According to the October 2024 arborist report, tree failure is likely and would potentially impact the neighboring home and presumably endanger the lives of those who live in the home. Thus, the risk to public health, safety, or welfare from likely tree failure exempts this project from environmental review.
Furthermore, in accordance with the CEQA Guidelines, the Project is also categorically exempt pursuant to State CEQA Guidelines Section 15304 – Class 4, Minor Alterations to Land, which consist of minor private alterations in the condition of land and/or vegetation which do not involve the removal of a healthy, mature, scenic trees. Here, the proposed project involves the removal of one oak tree that is structurally compromised and poses a hazard due to its condition and proximity to existing structures. Moreover, the tree removal process is limited to the removal of one oak tree in poor health and is thus a minor private alteration. There is no evidence of any unusual or special conditions that would result in a significant effect on the environment.
Lastly, none of the exceptions to the use of a categorical exemption identified in State CEQA Guidelines section 15300.2 apply. The project site does not contain any environmentally sensitive areas. There is no potential for cumulative impacts; there are no unusual circumstances that would have a significant impact on the environment; the actions would not negatively impact scenic resources within a duly designated scenic highway; there is no record of hazardous waste. As stated above, the existing residence is on the City’s Historic Resources Inventory. However, there is no potential to impact historic resources because a licensed professional will be hired to remove the tree.
It is the licensed professional’s responsibility to ensure no damage occurs to structures during the process Staff is further directed to file a Notice of Exemption for this resolution with the County Clerk and the State Clearinghouse in accordance with State CEQA Guidelines.
City Council Agenda November 5, 2024
Attachment 4
Section 3. Pursuant to Paso Robles Municipal Code section 10.01.050.D., based on the information contained in the staff report, testimony received, and responses thereto, the City Council hereby finds and determines that:
1. Oak Tree #1, a 102-inch diameter coast live oak, is in poor condition and poses a public hazard and therefore is eligible for removal.
Section 4. The City Council of the City of El Paso de Robles does hereby:
1. Approve the request to remove one (1) 102-inch diameter coast live oak identified as Oak Tree #1 in Exhibit 1 and as shown in Exhibit 4a attached hereto and incorporated herein by reference; and
2. Require oak tree mitigation totaling 25 inches (25% of 102 inches) as required by the City’s Oak Tree Preservation Ordinance; and
3. Require the onsite replanting of at least four (4) 24-inch box, 1.5-inch caliper native oak trees(of the total mitigation amount) along the West property line adjacent to Chestnut Street and at the direction of a certified arborist. The remainder of the oak tree mitigation may be made through onsite planting or payment into the City’s Oak Tree Replacement Fund at a rate of $200/1.5-inch diameter of mitigation required.
4. Require the provision of irrigation and protection for the replanted oak trees until they are established at the direction of the arborist.
Section 5. The documents and materials that constitute the record of proceedings on which these findings are based are located at the City’s offices at 1000 Spring Street, Paso Robles, CA 93446.
The City Clerk is the custodian of the record of proceedings.
Section 6. This Resolution shall become effective upon its adoption.
APPROVED this 5
th Day of November, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
John R Hamon, Jr., Mayor
ATTEST:
Melissa Boyer, City Clerk
Exhibits:
A. Arborist Report
B. Site Plan
City Council Agenda November 5, 2024
Corporate Headquarters
295 South Water Street, Suite 300
Kent, OH 44240
800-828-8312
Western Region Office
6005 Capistrano, Suite A
Atascadero, CA 93422
October 24, 2024
Lori Wilson
Assistant Planner
City of Paso Robles
1000 Spring Street
Paso Robles, CA 93446
RE: Arborist Report and Tree Protection Plan for ADU Development at 306 12TH Street, Paso Robles, CA Dear Ms. Wilson,
Thank you for contracting with Davey Resource Group regarding an arborist report and preliminary tree protection plan for the above project. In support of your objectives, Davey Resource Group (DRG) is pleased to provide you with the following Arborist Report to support the development plan submitted to the City.
A DRG International Society of Arboriculture (ISA) Certified and Registered Consulting Arborist conducted the site inspection of one tree located at the above address in Paso Robles, California on October 21st 2024. The tree was assessed for location, size, current condition, and overall health, including existing hazards to the tree structure. This preliminary report can be used to make initial informed decisions about the tree and as part of final development plans. The site inspection determined the following:
● One (1) coast live oak tree was identified on the project site ● The oak presented with numerous structural defects and was rated in Poor condition ● Defects included basal decay, staining, beetle damage, and fresh fissure crack ● Impacts to the structural and critical root zones are anticipated ● Preliminary development plans indicate the removal of the tree is recommended as the tree is a poor candidate for preservation
If alternative plans become available, further analysis can be provided. However, the poor condition of the tree and potential for major leader failure warrant removal regardless of construction plans. Liability for retention of the tree is the responsibility of the tree owner.
Please feel free to contact me if you would like more information or have any questions.
Sincerely,
Michael J. Bova, Principal Consultant
ISA Certified Arborist WE3372A
ISA Tree Risk Assessment Qualified
Exhibit A
City Council Agenda November 5, 2024
306 12TH STREET - ARBORIST
REPORT AND PRELIMINARY TREE
PROTECTION PLAN
October 2024
306 12th Street Paso Robles, CA 2 October 2024
Exhibit A
City Council Agenda November 5, 2024
Arborist Report for Development at
306 12th Street Paso Robles, CA
Prepared for
City of Paso Robles
1000 Spring Street
Paso Robles, CA 93446
October 2024
Prepared by:
Davey Resource Group, Inc.
6005 Capistrano Suite A
Atascadero, CA 93422
Notice of Disclaimer
Inventory data provided by Davey Resource Group is based on visual recording at the time of inspection.
Visual records do not include testing or analysis and do not include aerial or subterranean inspection. Davey Resource Group is not responsible for discovery or identification of hidden or otherwise non-observable risks.
Records may not remain accurate after inspection due to variable deterioration of inventoried material and site disturbance. Davey Resource Group provides no warranty with respect to the fitness of the urban forest for any use or purpose whatsoever or for future outcomes of the inventoried trees. 306 12th Street Paso Robles, CA 3 October 2024
Exhibit A
City Council Agenda November 5, 2024
Contents
Summary and Background 5
Assignment 5
Limits of the Assignment 5
Purpose and Use of Report 5
Observations 6
Methods 6
Root Zone Calculations 6
Conclusion and Recommendations 7
Appendix A – Condition Assessment 8
Table 1. Tree Inventory & Condition Assessment 8
Appendix B - Tree Photographs 9
Appendix C - Map of Tree Location 13
Appendix D - Drawings of Tree Root Zones 14
306 12th Street Paso Robles, CA 4 October 2024
Exhibit A
City Council Agenda November 5, 2024
Summary and Background
The property owner at 306 12th Street in Paso Robles, CA is planning to develop an ADU and workshop in the rear of the residence. As part of the initial submittals, the City Planning Department requires an inspection by an arborist to determine if any on-site oak trees are going to be adversely impacted by the development. This report summarizes the inspection and makes preliminary determinations regarding tree protection and mitigation.
On October 21st, 2024, Davey Resource Group (DRG) was contracted by the City of Paso Robles to conduct a tree assessment to identify all oak trees on and adjacent to the property that may be impacted by the planned development. The request included an arborist report and tree protection plan to be provided as part of a Staff report for the City Council review.
A Registered Consulting Arborist (RCA #549) and ISA Certified Arborist (WE-5733A) inspected the site on October 21, 2024. Two (2) oak trees were identified within the potential limits of disturbance, with one (1) of the trees determined to be in an unsafe condition and was immediately recommended for removal. Only one tree is included in this report. The condition of the assessed tree was rated as Poor with low preservation potential. A complete Tree Inventory and Condition Assessment can be found in Appendix A, Table 1.
Assignment
Davey Resource Group was assigned to assess one oak tree for health and condition and to determine if the current development plans would significantly impact the tree. The resulting data was to be incorporated into an arborist summary report and CAD drawings. The report and supporting drawings would be part of a submittal to support the disposition of the assessed tree.
Limits of the Assignment
Many factors can limit specific and accurate data when performing evaluations of trees, their conditions, and the potential for failure or response to site disturbances. No soil or tissue testing was performed. All observations were made from the ground and no soil excavation to expose roots was performed. The most recent development plans were used to assist in determining preliminary potential construction impacts. The determinations and recommendations presented here are based on current data and conditions that existed at the time of the evaluation and cannot be a predictor of the ultimate outcome for the evaluated tree in the future. No physical inspection of the upper canopy, sounding, resistance drilling, or other technologies was used in the evaluation of the tree.
Purpose and Use of Report
The purpose of this report is to provide a summary inventory of the tree assessment within the project area of impact, including an assessment of the current condition and health, as well as providing a preliminary tree protection plan for the evaluated tree that may be impacted by construction plans. The findings in this report can be used to make informed decisions on design planning and be used to guide the long-term care of the tree. 306 12th Street Paso Robles, CA 5 October 2024
Exhibit A
City Council Agenda November 5, 2024
Observations
Methods
A visual inspection was used to develop the findings, conclusions, and recommendations found in this report. Data collection included measuring the diameter of significant trees at approximately 54 inches above grade (DBH), height and canopy width estimation, a visual assessment of tree condition, structure, and health, and a photographic record. A rating percentage (0-100%) was assigned for each tree’s health, structure, and form, and the lowest percentage was used as the overall tree condition.
Both the Critical Root Zone (CRZ) and Structural Root Zone (SRZ) were calculated using industry standards and the most current plans were used to determine the preservation potential of each tree. The trees were plotted on existing CAD drawings and can be incorporated into final development plans as part of full submissions. As plans are further revised, preservation status should be updated.
Site Observations
The project site is located at 306 12th Street in Paso Robles, CA (see map in Appendix C). The parcel is a residential corner lot property. The tree is situated in the rear yard, bordering adjacent parcels, on uneven bare ground with a flatter ground near the proposed construction site. The tree is on the southeast corner of the backyard. There is no landscaping and the site is not irrigated.
Tree Observations
The identified tree is a coast live oak (Quercus agrifolia. The tree presented with five main leaders originating from a single swollen base with large burls. Diameters of each leader ranged from 16 inches to 24 inches measured at approximately 4.5 feet above grade. Two eastern leaders that leaned over the adjacent property had staining, bark loss, beetle damage, and potential decay at the base. A fresh fissure crack at the base of the two western leaders was observed. Significant sucker growth (water sprouts)were present on all main leaders. Sucker growth, staining, and beetle damage are indications of decline.
Based on the observed defects the tree was rated in Poor condition. A formal risk assessment was not requested or performed, but, because of the fissure crack on the western leader that would overhang the new structure, there is increased risk of large leader failure without mitigation.
A complete Tree Inventory and Condition Assessment can be found in Appendix A. Tree photographs can be found in Appendix B. A map of tree location can be found in Appendix C.
Root Zone Calculations
The trunk diameters of the assessed trees are often used to determine the Critical Root Zone (CRZ). The CRZ is considered the ideal preservation area for a tree. It can be calculated by adding 1.5 feet of radius for every inch of trunk diameter measured at 4.5 feet from grade/breast height (DBH). For example; a tree with a DBH of 10 inches has a calculated CRZ radius of 15 feet from the trunk. The CRZ represents the typical rooting area required for tree health and survival. Some impact (25% or less) within this zone is typically acceptable for fair to good-condition trees with basic mitigation/stress reduction measures. Construction activities should not occur within the SRZ of any tree to be retained. This includes but is not limited to the storage of materials, parking of vehicles, contaminating soil by washing out equipment, (concrete, paint, etc.), or changing soil grade. 306 12th Street Paso Robles, CA 6 October 2024
Exhibit A
City Council Agenda November 5, 2024
The structural root zone (SRZ) was calculated using a commonly accepted method established by Dr. Kim Coder in Conserving trees during site development.1In this method, the root plate size (i.e. pedestal roots, zone of rapid taper area, and roots under compression) and limit of disruption based upon tree DBH is considered as a minimum distance that any disruption should occur during construction. A significant risk of catastrophic tree failure exists if structural roots within this given radius are destroyed or severely damaged. The SRZ is the area where minimal or no disturbance should occur without arborist supervision. The CRZ and SRZ for the surveyed tree is listed in Appendix A, Table 1, and are illustrated on CAD drawings in Appendix D.
Conclusion and Recommendations
The initial development plans include a small footprint for the ADU, but no formal grading plans were provided.
The southeast corner of the structure does encroach into the SRZ of the oak tree. Because of this and, based on visual evaluations of structural defects, the tree is a poor candidate for preservation and has been recommended for removal. However, the tree may only be retained with specific modifications to construction/grading plans and significant risk mitigation:
● Grading must be completely outside the SRZ
● Root pruning within the CRZ must be supervised by an arborist ● Above grade foundation is highly recommended
● removal or significant crown reduction of the 23 inch leader can reduce risk, but will alter the tree’s tolerance to wind patterns
● Weight reduction of the 22 and 16 inch eastern leaders can also reduce risk ● If the tree remains, all pruning should be supervised by an arborist ● Once final grading and civil plans are approved, and if the tree can be retained, detailed tree protection plans will need to be established
● A formal risk assessment before construction is recommended if the tree is to remain to determine the level of risk the owner and City is willing to accept
Since it is unlikely to alter the development plans to completely eliminate construction activities within the SRZ and more than 25% of the CRZ will also be impacted, as well as severe pruning or leader removal will further stress the tree, DRG highly recommends removal.
1Coder, Kim D. 2021. Conserving trees during site development: A training manual. University of Georgia Warnell School of Forestry & Natural Resources Outreach Publication WSFNR21-42C. Pp.75. 306 12th Street Paso Robles, CA 7 October 2024
Exhibit A
City Council Agenda November 5, 2024
Appendix A – Condition Assessment
Table 1. Tree Inventory & Condition Assessment
Tree
#
DBH
(inches) Species Name Condition
Canopy
Radius
(Approx)
Tree
Height
(Approx)
SRZ
(feet)
CRZ
(feet) Comments
1 22,16,24,17,
23 Quercus agrifolia
(coast live oak)
Health (60%),
Structure
(40%), Form
(50%)
Overall Poor
(80-99%)
35 35-45 21 69
5 main leaders, 2
face cuts from old
leaders, large burl in
center of base,
significant sucker
growth, fresh crack at
base of 17" and 23"
leaders, staining and
beetle damage near
base of 22" leader,
bark loss and
potential decay at
base of east leaders,
ant colony on stump
cut on 24" leader
306 12th Street Paso Robles, CA 8 October 2024
Exhibit A
City Council Agenda November 5, 2024
Appendix B - Tree Photographs
Photo 1: Showing staining and bark loss on east leader
306 12th Street Paso Robles, CA 9 October 2024
Exhibit A
City Council Agenda November 5, 2024
Photo 2: Showing fresh fissure crack between western leaders with large bulge area above 306 12th Street Paso Robles, CA 10 October 2024
Exhibit A
City Council Agenda November 5, 2024
Photo 3: Showing previous face cut with decay at base of southeast leader with ant colony 306 12th Street Paso Robles, CA 11 October 2024
Exhibit A
City Council Agenda November 5, 2024
Photo 4: Showing Main leaders overhanging potential ADU site (front), leader over neighboring property (left), and sucker growth on all main leaders
306 12th Street Paso Robles, CA 12 October 2024
Exhibit A
City Council Agenda November 5, 2024
Appendix C - Map of Tree Location
306 12th Street Paso Robles, CA 13 October 2024
Exhibit A
City Council Agenda November 5, 2024
Appendix D - Drawings of Tree Root Zones
See following page and attached separately.
306 12th Street Paso Robles, CA 14 October 2024
Exhibit A
City Council Agenda November 5, 2024
1 EXISTING RESIDENCE (FF=779.61) PROPOSED ADU FF=778.40 (E) 5P-24" LO (E) 5P-42" LO (E) WOOD FENCE TO BE ALTERED FOR DRIVEWAY WORKSHOP 23'-10" 11'-5"
2'-1" EXISTING RESIDENCE (FF=779.61) LEGEND
1 Sheet # Design Draft Approved
DATE: SCALE:
No. Date Description Rev.
By
App.
By
REVISIONS
OCT 23, 2024 CH CH of
1 306 12TH ST
306 12TH STREET
Paso Robles, California WSSI Project Number: DRG
OPTION "3" Horizontal Datum: CCS 83 - Zone 5 Boundary and Topo Source: Vertical Datum: NAVD 88 ---- Copyright © 2024 Wetland Studies and Solutions, Inc. 1' C.I.:
Y:\DRG Projects\DRG SCAL\306 12th St - OTR Update\DRG_306 12th St Paso Robles.dwg 1 Plotted By: Cary Hulse, 10/23/2024 6:35 PM Wetland
5300 Wellington Branch Drive • Suite 100
Gainesville, Virginia 20155
Phone: 703-679-5600 • Fax: 703-679-5601
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1 TREE PRESERVATION PLAN GENERAL NOTES: 1. TREE LOCATIONS MAY BE APPROXIMATE. OWNER AND CONTRACT ARBORIST SHALL VERIFY ALL TREE LOCATIONS AND CONDITIONS PRIOR TO CONSTRUCTION AND/OR TREATMENT OR REMOVAL. 2. REMOVAL OR TREATMENT OF ANY SHARED, OFFSITE, OR ROW TREES REQUIRES WRITTEN PERMISSION FROM ALL OWNERS PRIOR TO ANY WORK. TREE ASSESSMENT NOTES: 1. TREE CONDITION ASSESSMENT CONDUCTED BY MICHAEL BOVA, ISA# WE-3327A IN OCTOBER 2024. 2. THE INSPECTION OF THESE TREES CONSISTED SOLELY OF A VISUAL INSPECTION FROM THE GROUND. 3. ONLY "TREE 1" WAS ASSESSED FOR THIS EXHIBIT BY DRG/WSSI. OTHER TREES EXIST ON AND/OR NEAR THE SITE THAT WERE NOT WITHIN THE SCOPE OF THIS EXHIBIT AND ARE NOT INCLUDED HEREIN.
Exhibit A Page 395 of 396 City Council Agenda November 5, 2024 WV WV WV MAIL BOXES SSCO 775.87'RIM 777.82'RIM SSCO 776.12'RIM SSCO 776.15'RIM SSCO 776.36'RIM HVAC TRELLIS ICV BRICK WOOD FENCE 34"STUMP 18"STUMP 24"BO 4"POMEGRANITE 8"LOCUST 12"MULBERRY 18"MULBERRY WATER METER MAIL BOXES 2"POMERGRANITE 2"ITALIAN CYPRESS 779.30'PORCH CV ELEC. METER W/PANEL 775.02'LIP 775.28'TC 774.87'FL 775.49'LIP 775.86'TC 775.41'FL 776.30'LIP 776.53'TC 776.14'FL 776.92'LIP 777.19'TC 776.83'FL 777.30'LIP 777.84'TC 777.44'FL 776.92'LIP 777.52'LIP 777.46'LIP 777.23'FL 776.83'FL 777.64'EP 790.85'ACBERM 790.75'FL 785.76'ACBERM 785.75'FL 780.07'ACBERM 779.59'FL 778.63'ACBERM 778.53'FL 781.65'ACBERM 781.52'FL 782.93'ACBERM 782.73'FL 778.25'ACBERM 778.30'FL 782.28'ACBERM 782.23'FL 777.48'TC 777.10'FL 776.91'FL 776.40'FS 776.80'FS 777.36'FS 775.93'AC 776.51'AC 777.01'AC 778.30'AC 777.76'AC 779.63'AC 782.17'AC 786.18'AC 790.74'AC 2"MULBERRY GATE [S03°50'00"E 140.00'-R5] [N 03°54'32" W 140.00'-R5] [N 86°08'35" E 50.00'-R5]
[N 86°08'54" E 50.00'-R5] BRICK PAVERS
5'-0" EXISTING RESIDENCE (FF=779.61) PROPOSED ADU FF=778.40 778
779
780
780
782
778
779
784
42"VO
5P24"LO 10'-0" 13'-10" 13'-10" (E) 5P-24" LO TO BE REMOVED (E) 5P-42" LO TO BE REMOVED
(E) WOOD FENCE TO BE ALTERED FOR DRIVEWAY WORKSHOP
(N) APPROACH WITH CONCRETE DRIVEWAY
10'-0"
22'-11"
44'-8" COVER SHEET CS PELTEREAU- VILLENUEVE ADU Custom Homes ~ Remodels ~ Additions ~ ADUs ~ As-Builts 800 Ward Ct. Templeton, CA 93465 805.550.7436 [email protected] www.PJ-Designs.com General Building Designer Attention: if plan check correction date does not appear in the revision block below, do not layout / build structure from this copy of construction drawings, unless otherwise indicated with "approved" red stamp from local building and planning department. copies without correction date indicated are most likely preliminary documents only. B23-0039 & E24-0001 Plan Set Preliminary 2.3.23 23017 Sheet Number Sheet Title Job No. 306 12th STREET
PASO ROBLES, CA 93446
Project Jurisdiction CITY OF PASO ROBLES, CA APN 009-082-001 Corrections 3.6.24 OCCUPANCY: R-3/U TYPE OF CONSTRUCTION: VB HEIGHT: ±15'-4" AUTOMATIC FIRE SPRINKLER: NO STORIES: 1-STORY AREA CALCS BLDG CODE DATA PROJECT DATA 1. CONSTRUCT NEW DETACHED ADU WITH ATTACHED WORKSHOP JOB DESCRIPTION CS COVER SHEET/SITE PLAN C-1.1 GRADING AND DRAINAGE PLAN C-2.1 UTILITY PLAN C-3.1 EROSION CONTROL PLAN C-4.1 DETAILS SHEETE GN GENERAL NOTES GC-1 GREEN CODE SPECIFICATIONS GC-1 GREEN CODE SPECIFICATIONS T24 1.1 TITLE 24 ENERGY COMPLIANCE T24 1.2 TITLE 24 MANDATORY MEASURES A-1.1 FLOOR PLAN A-1.2 ROOF PLAN A-2 ELEVATIONS A-3 SECTIONS A-4 ARCHITECTURAL CONSTRUCTION DETAILS E-1 UTILITY PLAN M-1.1 MECHANICAL REPORT M-1.2 MECHANICAL DUCT LAYOUT S-1.1 FOUNDATION PLAN S-1.2 FOUNDATION PLAN NOTES S-2.1 ROOF FRAMING PLAN D-1.1 STRUCTURAL DETAILS D-2.1 STRUCTURAL DETAILS D-3.1 STRUCTURAL DETAILS SSP-1 STRUCTURAL NOTES & SPECIFICATIONS SSP-2 FASTENING SCHEDULE SHEET INDEX THE OWNER IS ADVISED THAT THESE DRAWINGS AND ASSOCIATED CONSTRUCTION DOCUMENTS ARE THE ONLY MEDIUM AVAILABLE TO EXPRESS THE INTENT OF PJ DESIGNS AND CANNOT BE ASSUMED ALL-INCLUSIVE WITH REGARD TO SUCH. THESE RECORD DOCUMENTS HAVE BEEN PREPARED BASED UPON INFORMATION SUBMITTED, IN PART, BY OTHERS. WHILE THIS INFORMATION IS BELIEVED TO BE RELIABLE, PJ DESIGNS IS NOT RESPONSIBLE FOR THEIR ACCURACY, NOR FOR ERRORS OR OMISSIONS WHICH MAY HAVE BEEN INCORPORATED INTO THESE DOCUMENTS AS A RESULT DOCUMENTS SHEET SET NUMBER OF ORIGINALS IN SET 26 OWNER ANTONIE PELTEREAU-VILLENUEVE 306 12TH STREET PASO ROBLES, CA 93446 PROJECT CONTACT krista peltereau-villenueve [email protected] (415) 516-4868 VICINITY MAP SITE PROJECT TEAM DESIGNER PJ DESIGNS PRESTON JONES 800 WARD CT. TEMPLETON, CA 93465 (805) 550-7436 [email protected] STRUCTURAL KUDLA JONES ENGINEERING DARRELL KUDLA, P.E. R.C.E. 84211 610 10TH STREET, SUITE A PASO ROBLES, CA 93446 (805) 423-4844 [email protected] ENERGY / HVAC DUCT DYNASTY CC2006321 WALTER JACKSON 610 10TH STREET, SUITE C PASO ROBLES, CA 93446 (805) 423-0436 [email protected] 749 SQ.FT. LIVING 125 SQ.FT. COVERED ENTRY 352 SQ.FT. WORKSHOP ALL CONSTRUCTION SHALL CONFORM TO THE: 2022 California Energy Code 2022 California Residential Code 2022 California Electrical Code 2022 California Fire Code 2022 California Green Building Code 2022 California Mechanical Code 2022 California Plumbing Code 2022 California Building Code 2022 California Reference Standards Code AS WELL AS ALL PASO ROBLES BUILDING ORDINANCES AND GREEN BUILDING STANDARDS AND FIRE STANDARDS CODE ANALYSIS GEOTECHNICAL TRUSS TRUSPRO LYNDON SOBEL 695 OBISPO STREET GUADALUPE, CA 93434 (805) 343-2555 [email protected] LOT A, OF THE SUBDIVISION OF BLOCK 195, IN THE CITY OF EL PASO DE ROBLES AS FILED IN BOOK B, PAGE 25, OF MAPS IN THE OFFICE OF THE COUNTY RECORDER, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA. APN: 009-082-001 ADDRESS: 306 12TH STREET, PASO ROBLES, CA 93446 1" = 20'-0" SITE PLAN NOTE: 1. EXISTING CONDITIONS ARE SUBJECT TO FIELD INSPECTION SOLAR PV SYSTEM (2.07 KWDC MIN. SYSTEM SIZE PER ENERGY REPORT) SEPARATE PERMITS HALLIN GEOTECHNICAL DOUG HALLIN ROBERT TARTAGLIA, P.E. R.C.E. 24084 P.O. BOX 1897 ATASCADERO, CA 93423 (805) 975-7361 [email protected] HERS FEATURE SUMMARY THERE ARE REQUIRES SPECIAL FEATURES OF THIS PROJECT THAT MUST BE INSTALLED AS A CONDITION FOR MEETING THE MODELED ENERGY PERFORMANCE AND MUST BE FIELD VERIFIED BY A CERTIFIED HERS RATER: • QUALITY INSULATION INSTALLATION (QII) • INDOOR AIR QUALITY VENTILATION • KITCHEN RANGE HOOD • MINIMUM AIRFLOW • VERIFIED EER/EER2 • VERIFIED SEER/SEER2 • FAN EFFICACY WATTS/CFM • VERIFIED HSPF2 • VERIFIED HEAT PUMP RATED HEATING CAPACITY • DUCT LEAKAGE TESTING • PIPE INSULATION, ALL LINES SPECIAL INSPECTIONS SEE SHEET S-1.2 FOR LIST OF REQUIRED SPECIAL INSPECTIONS AND CONTACTS THE STYLE, FORM, AND MATERIALS USED FOR THE ADU WILL MATCH THE EXISTING RESIDENCE. ARCHITECTURAL REQUIREMENTS APPROVED 27MAR2024 CITY OF PASO ROBLES BUILDING DEPT. B24-0039 Exhibit
B