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21. Resolution 2128 6 Redwood Drive Landscape Improvements to Ross Common

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21. Resolution 2128 6 Redwood Drive Landscape Improvements to Ross Common n T${4\ ROSS Agenda ltem No.21. Staff Report Date September L2,2OI9 To: Mayor Brekhus and Councilmembers From: Joe Chinn, Town Manager Heidi Scoble, Planning and Building Director Subject: Town Council consideration of the adoption Resolution No. 2L28 to allow modifications to landscape improvements to the Ross common to passively connect 5 Redwood Drive with the remainder of the Ross Common Park and a Variance to allow the construction of an 8-foot tall wooden sound barrier fence that will be constructed adjacent to the common property line between 6 Redwood Drive and 8 Redwood Drive. Recommendation Town Council consideration and adoption of Resolution No. 2728 to allow modifications to landscape improvements to the Ross Common to passively connect 5 Redwood Drive with the remainder of the Ross Common Park and a Variance to allow the construction of an 8-foot tall wooden sound barrier fence that will be constructed adjacent to the common property line between 6 Redwood Drive and 8 Redwood Drive. Background and Discussion On May 9, 20L9, the Town Council adopted Resolution 2102 approving a Tree Permit and landscape improvements to the Ross Common to passively connect 6 Redwood Drive with the remainder of the Ross Common Park. The May 2019 project was the result of the Town Council's May L0, 2018 direction to perform minor site work/cleanup and return with a site plan to be discussed/approved at a future meeting. The reasons stated by Councilmembers in support of this option included issues related to fiscal responsibility, that the Town is not in the business of building/managing housing, and that a passive park would be consistent with the original purchase of the land that was intended for park purposes. L Since the May 9, 2019 Town Council meeting, the Town has entered into a tolting agreement with the tenant and property owner of 8 Redwood Drive. The purpose of the agreement was to see if it was possible to reach resolution between the neighbor and the Town relating to alleged noise and privacy impacts raised by 8 Redwood Drive. As part of the tolling agreement and in consultation with the tenant of 8 Redwood Drive, the Town of Ross hired Brad Eigsti, owner of lmprints Landscape Architecture, to prepare a mutually acceptable landscape plan. Accordingly, the redesigned project proposed is described and shown below: All tree removal and site improvements per Town Council Resolution 2102, with the exception of a slightly modified fence design and length. The split rail fence would be approximately 45 lineal feet and approximately 30 lineal feet of a S-feet tall redwood fence as shown on the corresponding plan. Plant 23, 1-gallon sized Dwarf Mat Rush (Lomandra "Breeze") to be planted to front the split railfence associated with the project. Plant 3, 24-inch box Strawberry trees (Arbutus Unedo "Marina") to screen the little league field. Plant 3, 24-inch box Red Maple (Acer Rubrum "Red Sunset")trees to be planted southerly of the three redwood trees. Construction of an approximate 100 linear feet, 8 feet tall sound barrier fence (Salter Assoc. lnc. fence specification). The fence will commence at the southeast front property corner of the Ross Common parcel (AKA 6 Redwood Drive), run westerly and parallel along the property line and terminate at a point approximately 20 feet past the corner of the house at 8 Redwood Drive. Plant 19, 15-gallon Fern Pine (Podocarpus Gracillior) along the sound barrier fence as described above. The height of the Fern Pines will be no less than 8-feet tall when planted and will be maintained at a maximum height of L5 feet tall. Construction of an approximate 50 lineal feet, 6 feet tall redwood fence to be constructed approximately 30 feet from the rear property line and run northly across the property starting at the common property line between 8 Redwood and G Redwood The invasive weedy vegetation in the non-disturbance zone east of the new 6-foot-tall redwood fence at the back of the property will be removed. Remove existing rear yard fence within the non-disturbance zone. The Revised Landscaping Plan is shown on the following page: 2 UNK FENCE PT.ANT t.tsT (&22.20r9i Tnl:ts (E) FENCETO REMAIN Sl&Ilw rrus'\\{vr rr,!r sr^srrt ar lnsix/rs'{(Lt t1 trtjs rtD uAru tj-n sarLs r ataxNNtaLS TO REMAIN luwr\rw -*7r' ^*|{.!ulcsryrt ffiARRsonloil.4* llRstrJr '-&*mt1c t, CNLS lsr rn^\q.\r[r: .tw|\\lu' sl,' d]r\m rl lA{d\tr. NRrLlt-. tealrv^lr$ri !r :l PATH ?3 BEREMOVED :tf (lJ 65'.Wtfi rlq WOODFENCE ta' l(6:. \2 MI,LCH 4. '7" {i - ra\ I,I,OOOFErcE \t --a3z:*:|:: REMOVE rD\ fREEs\t I GAIES I'ENCING YE6FTAT|oII MIN 5'TALLSOIID W@D FENCE I.ION-DISIURgANCE ZONE ;e' (E) PoFTARgTUMP rl 'h REDWOOD DRIYE I EXENN6 RE5IDENCE 9ARRIER FENCI HEOOEI?A' (1OOLF' IINE TO REMAIN Key lssues Colifornia Environmental Qudlity Act (CEQA) The proposed modifications to the previously approved Tree Permit and landscape improvements to the Ross Common is consistent with CEQA Guidelines Section 15301, Class 1- Existing Facilities. Specifically, the Class 1 exemption consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. Consistent with the May 9,2OL9 Staff Report, the modified project falls under this Class 1 categorical exemption because it involves the minor alteration of public facilities (park property)/topographical features (park property's vegetation/ground) and because the project involves negligible or no expansion of the existing (vacant land) or former (residential) use and restores the original public use as intended upon the Town's acquisition of the property for public park purposes in 19L1. The proposed modification is also consistent with the planned passive reincorporation of the site into the Ross Common park will not increase any of the existing uses of the broader park described above and does not include any parkfacilities (e.g., new paths, benches or picnic areas) or equipment (e.g., workout or child play structures) that would lead to active use of the project site. The modified project is also consistent with CEQA Guidelines Section 15304, Class 4- Minor Alterations to Land as discussed in the May 9, 2019 Staff Report. The Class 4 exemption consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry or agricultural purposes. The modified project falls squarely under this Class 4 categorical exemption because the May 9, 2019 approved project and the above-described project modifications are entirely consistent with the exemption's general minor alterations to land condition as well as several of the exem ption's specific examples. Furthermore, none of the exceptions set forth in CEQA Guidelines Section 15300.2 apply to the previously approved project as described in Resolution 2102 approved on May 9,2019 project and the modified project, including, but not limited to, subsection (a), which relates to impacts on locational/environmental resources; subsection (b), which relates to cumulative impacts; subsection (c), which relates to unusual circumstances; or subsection (f), which relates to historical resources. Lastly, because staff and the Town's consultants have not identified and staff has not been provided with any substantial evidence that the project may result in potentiallrT significant environmental impacts, and because the modified landscape plan would be consistent with the previous analysis and expert determinations as discussed in the May 9, 2019 staff report, staff suggests the project is also exempt from CEQA under the common-sense exception (CEaA Guidelines Section 15061(bX3)) because it can be seen with certainty that there is no possibility that the project may have a significant adverse effect on the environment. 4 ln sum, the previously approved project as identified in Resolution 2!02 approved on May 9, 2019 and the modified landscape improvements fall under several CEQA exemptions and none of the exceptions to those exemptions apply. The existing vacant project site was deeded to the Town of Ross in 19L1 for the purposes of a public park and the project will further the purpose and intent of the original purchase by making minor alterations and improvements to the site to facilitate its passive reconnection to Ross Common that are exempt from CEQA. Variance A Variance is required to allow the construction of an eight-foot tall fence to be located within a side yard setback. Pursuant to Section 18.48.010, a Variance may only be permitted if: L Variances shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. 2. Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated. 3. A variance shall not be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the zone regulation governing the parcel of property. The provisions of this section shall not apply to use permits. Pursuant to Section 18.40.080 of the Ross Municipal Code, the maximum height for a side or, rear yard fence is six feet.
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