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HomeMy WebLinkAboutPlanning Commission Resolution 2014-01 02/25/2014RESOLUTION NO. 2014-01 CITY OF PETALUMA PLANNING COMMISSION APPROVING SITE PLAN AND ARCHITECTURAL REVIEW FOR THE LANDSCAPE PLANS FOR THE YARBERRY LANE SUBDIVISION, LOCATED AT 870 WOOD SORRELL DRIVE APN 137-061-022 FILE NO. PLSR-13-0018 WHEREAS, Rick Rosenbaum, on behalf of Ryder Homes submitted an application for Site Plan and Architectural Review including Landscape Plans (Sheets 1-1, L2, and L3)for the 21 -unit residential development known as Yarberry Lane Subdivision located at 870 Wood Sorrell Drive; and, WHEREAS, a Mitigated Negative Declaration (MND) was adopted by the City Council on September 14, 2009 (Resolution 2009-136 NCS) with the Zoning Map Amendment and Tentative Subdivision Map for the project and there has been no substantial changes to the project or the circumstance under which the MND was adopted; and, WHEREAS, a Tentative Subdivision Map (TSM) was conditionally approved by the City Council on September 14, 2009 (Resolution No 2009-149 NCS) and conditions of approval of TSM are incorporated herein by reference; and, WHEREAS, the Planning Commission held a duly noticed public hearing to consider the proposed landscape plans on February 11, 2014 and February 25, 2014. A copy of the notice was published in the Argus Courier and mailed to residents and occupants within 500 feet of the site in compliance with state and local law. NOW, THEREFORE, BE IT RESOLVED that the above recitals are true and correct and incorporated herein by reference. BE IT FURTHER RESOLVED, that the Mitigated Negative Declaration (MND) was approved by the City Council on September 14, 2009 (Resolution No. 2009-136). There have been no substantial changes in the project or the circumstances under which the MND was approved. All mitigation measures are incorporated by reference as proposed condition of SPAR approval. The MND adequately describes the potential environmental impacts of the project. No further environmental review is required. BE IT FURTHER RESOLVED that the Planning Commission hereby approves Site Plan and Architectural Review for Landscape Plans (Sheets Ll, L2 and 1-3) for the Yarberry Lane Subdivision located at 870 Wood Sorrell Drive based on the applicable standards required in the Implementing Zoning Ordinance Section 24.010 as follows: 1. Landscaping to approved City standards shall be required on the site and shall be in keeping with the character or design of the site. Existing trees shall be preserved wherever possible, and shall not be removed unless approved by the Planning Commission. The landscape plans use species of low to moderate wafer use and have been reviewed for compliance with the city's water conservation ordinance. Five Planning Commission Resolution No. 2014-01 Page 1 Sycamore and four Columnar Hornbeams are proposed as street trees along Wood Sorrell Drive and three additional Sycamore trees are proposed along Yarberry Drive to replace the three trees lost to accommodate access to the site from Yarberry Drive. Eighteen Chinese Pistache trees are proposed as street frees along the new private street subject to review and approval by the Tree Advisory Committee. The applicant has demonstrated compliance with condition of approval If 12 of the TSM resolution by submitting a landscape plan that shows the location of trees within the development demonstrates elimination of the birch trees and proposes the use of low to moderate water use ground cover and shrubs instead of sod. In addition, the landscape plans have been reviewed for initial compliance with the City's Water Conservation Ordinance and conditioned that final landscaping/irrigation plans be submitted as part of improvement plans. A condition of approval has also been included in the draft resolution requiring review of the landscape plan by the Tree Advisory Committee for approval of street tree species and consultation of overall landscape design. ADOPTED this 25th day of February, 2014, by the following vote: Commission Member Benedetti-Petnic Lin Gomez Marzo Councilmember Miller Vice Chair Pierre Chair Wolpert ATTEST: i He her Hines, Com mi ion Secretary Aye No Absent Abstain X X X X X X B I Wolpert, Chair APPROVED AS TO FORM: Eric Danlly, City, Att ney Planning Commission Resolution No. 2014-01 Page 2 Exhibit 1 SPAR CONDITIONS OF APPROVAL Yarberry Lane Landscape Plans Sheets Ll, L2, and L3 870 Wood Sorrell Drive APN 137-061-022 File No.: PLSR-13-0018 Planning Division 1. This Site Plan and Architectural Review authorizes the landscape improvements, including perimeter fence, sound fence, street trees, and site landscaping as shown on Sheets Ll, 12, and L3 dated January 21, 2014 for the property located at 870 Wood Sorrell Drive, APN 137-061-022, except as modified below. 2. This Site Plan and Architectural Review approval shall not include architectural or site design of the individual lots or Final PUD Development Standards. The applicant shall be subject to separate approvals for these items prior to building/grading permit issuance. 3. All applicable conditions of approval of the Tentative Subdivision Map Resolution #2009- 149 are incorporated herein by reference and Mitigation Measures included as Exhibit A of Resolution #2009-136 are incorporated herein by reference. 4. Before issuance of any development permit, the applicant shall revise the site plan or other first sheet of the office and job site copies of the Building Permit plans to list these conditions of approval and conditions of approval of the Tentative Subdivision Map (Resolution 2009-149) as well as all Mitigation Measures (Resolution 2009-136). 5. Improvement Plans shall be in substantial conformance with approved Sheets Ll, L2, and L3, stamped January 21, 2014, and as modified by these conditions of approval. 6. Tree preservation measures shall be included in all grading and building permit plans. 7. All recommendations included in the arborist response/evaluation prepared by Horticultural Associates and dated September 29, 2013 shall be incorporated herein by reference. 8. All replacement Sycamore Trees shall be installed at 24 -inch box per the requirements of the applicable mitigation measure and condition of TSM approval. 9. Final Map and Improvement Plans shall show protective construction fencing at the drip line of the offsite redwood trees along Yorberry Drive and the plans shall note that the existing grade shall be maintained within that fenced area. Drainage swales and all underground work shall be routed outside the dripline where possible. Contractors and subcontractors shall direct all equipment and personnel to remain outside the fenced area at all times until project is complete. The drainage Swale proposed at the rear of lots 12 through 21 shall not exceed 6 inches in depth and the tree -side edge of the trench shall be offset from the rear property line by at least 5 feet, per the arborist letter dated November 9, 2005, and the Horticultural Associates Tree Preservation Guidelines. Prior to issuance of any grading or building permit, this construction -phase protective fencing shall be erected. The fencing shall be a minimum of 5 feet in height and shall be Planning Commission Resolution No. 2014-01 Page 3 cyclone secured with in -ground posts. Proof that the fencing has been installed shall be made to Planning staff by photographs. 10. Final Greenpoint checklist shall include the following water reduction measures and be incorporated into improvement plans prior to final approval: a. Hydrozoning of plants b. Mulching all planter beds to 3 inches or greater c. No invasive species d. Turf in small percentage of landscaping area e. Low flow drip irrigation systems f. SMART weather based controllers 11. Prior to final approval of Final Map or Improvement Plans the applicant shall submit written verification from a qualified Noise Consultant that the proposed soundwall/fence will be effective in reducing noise levels as required by the Mitigated Negative Declaration (MM - 7.1). 12. Prior to the final issuance of a grading or building permit for subdivision improvement the applicant shall post a security deposit to cover the value of all redwood trees greater than 18 inches in truck diameter as identified in the arborist report prepared by Horticultural Associates and dated September 29, 2013. 13. The project shall be subject to all applicable development impact fees and other applicable City fees. 14. Prior to Council consideration of the Final Map and Improvement Plans the landscape plan shall be reviewed by the Tree Advisory Committee for recommendation of street tree species and consultation on the overall project landscape plan.ehill 15. All planting shall be maintained in good growing condition. Such maintenance shall include where appropriate, pruning, moving, weeding, cleaning, fertilizing, and regular watering. Whenever necessary, planting shall be replaced with other plant materials to insure continued compliance with the approved landscape plan. 16. Herbicides/pesticides shall not be applied in areas used by pedestrians/bicyclists within the project without first providing appropriate signs warning of the use of chemicals. The project shall utilize Best Management Practices regarding pesticide/herbicide use and fully commit to Integrated Pest Management techniques for the protection of bicyclists and pedestrians. 17. All lighting shall be glare -free, hooded and downcast in order to prevent glare into bicyclists' and pedestrians' eyes. 18. Prior to issuance of grading permit or building permits the landscape plans shall be submitted to the Public Works and Utilities Department verification of compliance with the city's water conservation ordinance. 19. The applicant shall defend, indemnify and hold harmless the City and its officials, boards, commissions, agents, officers and employees ("Indemnitees") from any claim, action or proceeding against Indemnitees to attack, set aside, void or annul any of the approvals of the project. The applicant's duty to defend, indemnify and hold harmless in accordance with this condition shall apply to any and all claims, actions or proceedings brought concerning the project, not just such claims, actions or proceedings brought within the time period provided for in applicable State and/or local statutes. The City Planning Commission Resolution No. 2014-01 Page 4 shall promptly notify the applicant of any such claim, action or proceeding concerning the project. The City shall cooperate fully in the defense. Nothing contained in this condition shall prohibit the City from participating in the defense of any claim, action, or proceeding, and if the City chooses to do so, applicant shall reimburse City for attorneys' fees and costs incurred by the City. Planning Commission Resolution No. 2014-01 Page 5