HomeMy WebLinkAbout2013-24RESOLUTION NO. 2013-24
APPROVING TREE REMOVAL PERMIT TR13-0025 ALLOWING THE REMOVAL
OF ONE 24 INCH DIAMETER TOWN -PROTECTED OAK TREE
REQUIRED TO BE PRESERVED AS PART OF THE
PREVIOUSLY APPROVED SUBDIVISION
WHICH CREATED THE LOT
(APN:195-080-053 - ZAREKARI)
WHEREAS, Mehri Zarekari requested approval of Tree Removal application (TR13-0025) to
allow the removal of one 24 inch diameter Town -protected Oak tree in the rear yard of a
0.34 +/- acre site; and
WHEREAS, the subject site is located at 181 Hope Lane and is further identified as
Assessor's Parcel Number 195-080-053; 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, Planning Commission Resolution 67-99, approved March 23, 1999, includes a
condition of approval which required a number of trees, including the subject Oak tree, to
be preserved and incorporated into the development; and
WHEREAS, the Planning Commission did review the project at a noticed public hearing on
November 12, 2013; and
WHEREAS, the project has been found to be Categorically Exempt from the California
Environmental Quality Act (CEQA); 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 Tree Removal request amending the previously approved conditions of
approval contained within Resolution No. 67-99; 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 TR13-0025 allowing for the removal of one 25 inch diameter Town -protected Oak
tree and makes the following findings in support of this action:
FINDINGS OF APPROVAL
1. The applicant would like to add a swimming pool to the rear yard of the property
and, because of steep slopes covering the majority of the rear yard area, the only
feasible location for the pool is on the flat pad area where the Town -protected Oak
tree is located. Therefore, removal of the tree is necessary to allow for the reasonable
use, enjoyment and development of this single family residential property.
2. The removal of the tree will not have a negative effect upon shade or privacy
between properties or the scenic beauty of the area due to the presence of existing,
mature trees.
3. The removal of the tree will not have a negative effect upon soil erosion nor will it
result in a significant diversion or increase in the flow of surface water.
CONDITIONS OF APPROVAL
1. This permit authorizes the removal of one Town -protected 24 inch diameter Oak tree
at 181 Hope Lane, as detailed within the project file maintained by the Town of
Danville and labeled "TR13-0025 - Tree Removal -181 Hope Lane."
2. Within six months of the tree removal, the applicant shall plant three new minimum
15 gallon trees on the subject lot. The species of the trees shall be selected from the
Towri s protected tree list.
APPROVED by the Danville Planning Commission at a regular meeting on November 12,
2013 by the following vote:
AYES: Bowles, Combs, Graham, Haberl, Overcashier, Radich
NOES: Heusler
ABSTAIN: -
ABSENT: -
n
Chair
APPROVED AS TO FORM:
City Attorney Chief of PI ning
PAGE 2 OF RESOLUTION 2013-24