ITEM NO.   G-5

MEETING DATE: 2/13/2002

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PROJECT DATA

Address: 2 & 4 Old Landing Road

AP No.: 38-162-51

File No.: 69803-PM

General Plan: M (Medium Density Residential—Up to 3.0 units per acre)

Zoning: RO-2 (Single Family Residential—20,000 sq. ft. lot minimum)

Property Size: 1.53 acres

Current Use: Undeveloped residential parcel with approved tentative map for 2 lots

Owner: Marty Winter, et al

Applicant: Kelsey Moldenke for C.S.W./Stuber-Stroeh

Date Complete: NA

CEQA Status: NA

BACKGROUND

On February 9, 2000 the Planning Commission approved a tentative subdivision map for the division of 1.53 acres of land into two lots off Old Landing Road. The project is known as the Winter Land Division. A condition of approval/mitigation measure required the approval of a "Tree Preservation, Landscaping, and Screening Plan" by the Planning Commission prior to acceptance for filing of the Parcel Map.

The applicant has recently submitted a Parcel Map application to the Town, along with the Tree Preservation, Landscape & Screening Plan. The latter now comes to the Commission for review and approval. The Parcel Map approval is a ministerial action taken by the Town Council.

Meeting notices have been sent to all property owners along Old Landing Road and also to all other property owners within 300 feet of the subject property.

The site is heavily overgrown and difficult to traverse. To assist the Commission with its field review, all trees proposed for removal have been marked with yellow tape, except for the willow trees at the center of Lot 1 where the home would be constructed.

ANALYSIS

Condition No. 13 of the Tentative Map approval reads as follows:

The Tree Preservation, Landscaping & Screening Plan required by Mitigation Measure 1.b.1 shall be reviewed and approved by the Planning Commission prior to acceptance "for filing" of the Parcel Map application. This Plan shall describe how installation of the project drainage (V-ditches, pipes, and culverts) and other subdivision improvements shall minimize impacts to trees and other significant vegetation on the site.

The full text of Mitigation Measure 1.b.1 is attached as Exhibit 1. Its primary thrust is to ensure that tree removal and/or damage is minimized during installation of the subdivision improvements and during subsequent construction of homes that will occur at some unknown time in the future.

The applicant has submitted text (Exhibit 2) and a drawing (Exhibit 3) comprising the Tree Preservation Plan. The drawing shows a total of 11 trees to be removed, only one of which (a 66" pine tree) is of "heritage" size (at least 60" trunk circumference). No oak trees are proposed for removal. Three trees would be removed for driveway access purposes; five trees would be removed where a house would be located, and three trees would be removed where drainage improvements would be installed. Of the trees shown to be removed, six are willows, two are Monterey pines, and one each are an acacia, bay and toyon tree. The heritage pine tree would be replaced with three oak trees of species not susceptible to the sudden oak death syndrome.

Staff believes that this plan represents an excellent effort to minimize tree loss as part of the subdivision improvement installation. The more difficult future task will be to preserve maximum screening at the time of home construction, which will in all likelihood be performed by subsequent owners, not by the applicant. Staff recommends the following conditions of approval on the Tree Preservation Plan:

1.    The first sentence of Item No. 12 of the Tree Protection Measures shall be modified to read as follows: "Remove all broom, poison oak, pampas grass, and other invasive non-native plants from the site".

2.    Prior to sign-off of the subdivision improvement work and release of the bonds, applicant shall submit all necessary materials for the Town to determine that substantial compliance with the Tree Preservation Plan has been achieved.

3.    All trees not shown for removal on the approved Tree Preservation Plan shall require a permit from the Town prior to alteration or removal.

4.    The Design Review Board shall carefully review applications for residential construction on the site in order to preserve as many trees as necessary and maintain the landscape screening effect set forth in the Tentative Map approval.

RECOMMENDATION

1. That the Planning Commission, following the staff report and a presentation by the applicant, receive any public testimony on the item.

2. That the Planning Commission approve the Tree Preservation, Landscape & Screening Plan subject to the conditions recommended above.

EXHIBITS

1.    Mitigation Measure 1.b.1 from the Tentative Map approval.

2.    Narrative entitled "Tree Protection Measures" prepared by CSW/Stuber-Stroeh dated December 17, 2001 (3 sheets).

3.    Drawing C3 (1 sheet) entitled Winter Land Division Tree Preservation Plan, prepared by CSW/Stuber-Stroeh, date-stamped Received February 8, 2002 by the Town of Tiburon.

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