HomeMy WebLinkAbout2008-24
RESOLUTION NO. 2008-24
APPROVING AN APPEAL OF AN ADMINISTRATIVE ACTION TO DENY TREE
REMOVAL REQUEST TR08-0030 SEEKING AND AUTHORIZING THE REMOVAL
OF A TOWN- PROTECTED REDWOOD TREE AND TOWN-PROTECTED OAK
TREE
(APN: 199-300-006-SMITH)
WHEREAS, Ross Smith (owner/applicant) requested approval of Tree Removal request
TR08-0030 seeking authorization to remove a Town-protected 43 (+ / -) inch Redwood
tree; and
WHEREAS, the subject site is located at 109 Montair Drive and is further identified as
Assessor's Parcel Number 199-300-006; and
WHEREAS, the Danville Tree Preservation Ordinance requires approval of a Tree
Removal application prior to the removal of any Town-protected tree; and
WHEREAS, the Planning Division denied TR08-0030 on September 9, 2008; and
WHEREAS, Ross Smith submitted a letter appealing the Planning Division's action on
September 15, 2008; and
WHEREAS, the Planning Commission did reVIew the project at a noticed public
hearing on December 9, 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 uphold the administrative action denying TR08-0030; 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 approves the
appeal and overturns the administrative action to deny Tree Removal request TR08-
0030, and makes the following findings in support of this action:
1. The Redwood tree is causing damage to the owner/applicant's property.
Specifically, the tree's roots are lifting the patio adjacent to the swimming pool,
and damaging the wood deck around the tree.
2. Removal of the Redwood tree is necessary in order for the owner/applicant's
reasonable use and enjoyment of his property. Given the height of the split-
trunked tree, the shallow root structures that are typical of Redwood trees, and
the fact that the tree is on a sloped portion of the property, the tree poses a risk to
the owner/applicant's safety.
3. The Oak tree has been determined to be in poor health, resulting ih the danger of
dropping major limbs or falling over. The location of the tree is also necessary to
allow for the reasonable enjoyment of property, including the installation of solar
energy panels.
CONDITIONS OF APPROVAL
1. This permit authorizes the removal of one Town-protected Redwood tree and
one Town-protected Oak tree located at 109 Montair Drive, as detailed within the
project file maintained by the Town of Danville and labeled "TR08-0030 -
Smith/109 Montair Drive."
APPROVED by the Danville Planning Commission at a regular meeting on December
9, 2008 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Antoun, Combs, Nichols, Overcashier, Storer, Welch
Condie
None
Morgan
Chair
APPROVED AS TO FORM:
~f]~
City Attorney ')
~
Chief of P
PAGE 2 OF RESOLUTION NO. 2008-24