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HomeMy WebLinkAboutResolution 2004-230 N.C.S. 12/06/2004 Resolution No.2oo4-23oN,C.S. of the City of Petaluma, California RESOLUTION OF THE CITY COUNCIL OF PETALUMA UPHOLDING THE APPEAL BY LON AND PEGGY WILEY OF THE PLANNING COMMISSION DECISION TO UPHOLD IN PART AND DENY IN PART AN APPEAL OF THE DECISION BY THE COMMUNITY DEVELOPMENT DIRECTOR AND CITY ENGINEER TO ADMINISTRATIVELI' APPROVE A TENTATIVE PARCEL MAP FOR 3 RICCI COURT WHEREAS, on July 13, 2004, the Planning Commission held a public hearing to consider the appeals of Lon and Peggy Wiley and Linda and Forest Blue of an administrative approval of a Tentative Parcel Map to allow the division of one 23,546 square foot (0.54-acre) lot into two lots, located at 3 Ricci Court, APN 006-181-012; and, WHEREAS', at said pulilio hearing the Planning Commission upheld in part and denied in part the Wiley appeal and denied the Blue appeal; and, WHEREAS, on October 18, 2004, the City Council agreed to hear an appeal from Lon and Peggy Wiley of the Planning Commission decision; and, WHEREAS., the Petaluma City Council held a noticed public hearing on December 6, 2004. NOW, THEREFORE, BE IT RESOLVED that the City Council, based on the evidence and testimony presented for the record at the public hearing, hereby upholds the appeal and revises the conditions of approval to state that: ® Oak tree 8 may be removed; Resolution No. 2004-230 N.C.S. o Construction is allowed within the driplines of tree 6 and tree 9, the small amount shown on the revised Tentative Parcel Map (dated 10/27/04) under the guidelines of a certified arborist; ® Hand trenching for utilities were it cannot be avoided, fencing within the dripline where construction is permitted, and maintenance of existing grade to within 6 inches under preserved trees all are allowed, under the guidelines of a certified arborist; ® The development of Lot 2 is subject to review and approval by the Site Plan and Architectural Review Committee; and ® The oak trees approved for removal shall replaced, with like species, as approved by SPARC, (Council recommends a 3 to 1 replacement ratio at the 24-inchbox size). Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to Council of the~City of Petaluma at a (Regular) (Adjourned) (Special) meeting _form on the day of D~~?tuber............................., 20.04., by the ...........~-:~.f .1 following vote: City Attorney AYES: Harris, Healy, Vice Mayor Moynihan, Thompson, Torliatt NOES: Mayor Glass ABSENT: None ABSTAIN: O'Brien ATTEST: City Clerk Mayor Council File Res. Nn........2.Q.Q4..-2.30.........N.C.S.