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RESOLUTION NO. 2009-22
APPROVING TREE REMOVAL REQUEST TR09-0012 ALLOWING THE REMOVAL
OF 42 TOWN-PROTECTED TREES RELATED TO THE REPAIR AND
MAINENANCE OF THE EAST BAY MUNICIPAL UTILITY
DISTRICT WATER RESERVOIR AT 513 HIGHLAND DRIVE
(APN: 208-060-009)
WHEREAS, the East Bay Municipal Utility District (OWNER/ APPLI~ANT) has
requested approval of a Tree Removal permit (TR09-0012) to allow the removal 42
Town-protected trees. A total of 148 trees would be removed on a 9.83 + / - acre site; and
WHEREAS, the subject property is located at 513 Highland Drive, APN: 208-060-009;
and
WHEREAS, the Town's Tree Preservation Ordinance requires approval of a Tree
Removal permit prior to the removal of a Town-protected tree; and
WHEREAS, the project has been found to be Categorically Exempt from the
Requirements of the California Environmental Quality Act; and
WHEREAS, the Planning Commission did review the project at a noticed public
hearing on June 23, 2009; 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
approve the request; 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 Danville Planning Commission approves Tree Removal permit
request TR09-0012 and makes the following findings in support of this action:
FINDINGS:
1. The condition of the trees with respect to their proximity to the East Bay
Municipal Utility District's 513 Highland Drive water reservoir warrants their
removal. As detailed in the letter by the State Department of Water Resources,
Department of Dam Safety, the subject trees' root systems have damaged the
lining of the reservoir causing leaks and compromising the structural stability of
the structure. Damage to the structure has been verified through visual
inspection. Tree removal is necessary to repair and stabilize the structure and to
prevent future damage.
2. Because of the number, species, size and location of other protected trees in the
area, the removal of the trees will not have a significant impact upon shade on
the site, privacy between properties, or the scenic beauty of the area.
3. The tree removal will not adversely impact soil erosion as the only steep slope
with significant tree removal, where storm water run-off sheet flows, is the uphill
slop to the west. The size of this slope is minimized due to a slope bench and a
concrete drainage ditch at mid-slope. In addition, the subject slope has been
engineered and compacted, limiting any potential erosion.
4. The tree removal will not change the existing drainage pattern of the site as the
drainage is controlled by an extensive series of concrete V-ditches which direct
water away from the site to appropriate downstream facilities.
CONDITION OF APPROV AL
1. This Tree Removal permit (TR09-00l2) authorizes the removal of 42 Town-
protected trees on the East Bay Municipal Utility District reservoir site at 513
Highland Drive. A total of 148 trees are scheduled for removal. Tree removal
shall be as detailed within the Arborist Survey Report, as prepared by Grant
Hamilton, Certified Arborist, dated May, 2009.
2. The applicant/ owner shall plant native, drought resistant, shrubs along the
Highland Drive frontage of the site within two years of this approval. The
shrubs shall be of a variety which reaches a minimum height of six feet at
maturity .
3. The applicant! owner shall work with the City Engineer to assure that the up-hill
slope to the west of the site will not be subject to water erosion due to storm
water run-off. If found necessary, standard erosion control measures shall be
utilized to prevent erosion.
PAGE 2 OF RESOLUTION NO. 2009-22
APPROVED by the Danville Planning Commission at a regular meeting on June 23,
2009 by the following vote:
AYES:
NOES:
ABSTAIN: -
ABSENT: Morgan
Antoun, Attwood, Combs, Nichols, Overcashier, Radich, Storer
Z2&~;?
/ .
ChaIrman
APPROVED AS TO FORM:
72t~r3 ~\
City Attorney. I
A& ~
ie of Planning
PAGE 3 OF RESOLUTION NO. 2009-22