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RESOLUTION NO. 2008-07
UPHOLDING PLANNING DIVISION DENIAL OF TREE REMOVAL
APPLICATION (TR08-0088) REQUESTING REMOVAL OF ONE TOWN-
PROTECTED WHITE ALDER TREE
(APN: 218-352-005-BURNS)
WHEREAS, Chris and Cheryl Burns requested approval of Tree Removal application
(TR08-0008) to allow the removal of a Town-protected White Alder tree in the front
yard of a 0.22 + / - acre site; and
WHEREAS, the subject site is located at 3416 Canfield Drive and is further identified as
Assessor's Parcel Number 218-352-005; and
WHEREAS, the Town of Danville Tree Preservation Ordinance requires approval of a
Tree Removal application prior to the removal of a Town-protected tree; and
WHEREAS, the Planning Division denied TR08-0008 on March 7, 2008; and
WHEREAS, Chris and Cheryl Burns submitted. a letter appealing the Planning
Division's action on March 17, 2008; and
WHEREAS, the Planning Commission did reVIew the project at a noticed public
hearing on April 22, 2008; and
WHEREAS, the project has been found to be Categorically Exempt from the California
Environmental Quality Act (CEQA) (Section 15304); and
WHEREAS, the public notice of this action was given in all respects as required by law;
and
WHEREAS, a staff report was submitted recommending that the Planning Commission
deny the appeal; and
WHEREAS, the Planning Commission did hear and consider all reports,
recommendations, and testimony submitted in writing and presented at the hearing;
now, therefore, be it
RESOLVED that the Planning Commission of the Town of Danville denies the appeal
without prejudice and upholds the Planning Division's denial of Tree Removal application
TR08-0008, and makes the following findings in support of this action:
1. A site visit conducted by Town Staff with the Owner on February 1, 2008
determined that the White Alder tree is not in poor condition with respect to its
health, imminent danger of falling, proximity to existing structures, or interference
with utility infrastructure or any other site improvements.
2. Based upon the number, species, size and location of other protected trees in the
area, the removal of the White Alder tree will have a negative effect upon shade and
the scenic beauty of the area.
APPROVED by the Danville Planning Commission at a regular meeting on April 22, 2008
by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED AS TO FORM:
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PAGE 2 OF RESOLUTION 2008-07