HomeMy WebLinkAbout2014-07RESOLUTION NO. 2014-07
APPROVING DEVELOPMENT PLAN REQUEST DEV13-0089 AND TREE
REMOVAL REQUEST TR14-0009 AUTHORIZING
THE CONSTRUCTION OF A 31668 +/- SQUARE FOOT RESIDENCE
AND REMOVAL OF ONE TOWN -PROTECTED 20-INCH DIAMETER LIVE OAK
TREE ON LOT 6 OF THE TYLER COURT SUBDIVISION
(APN: 202-010-022 - KT BUILDERS)
WHEREAS, KT BUILDERS (Owner/ Applicant) has submitted for approval of
Development Plan request DEV13-0089 and Tree Removal request TR14-0009 to allow
the construction of a 3,668 +/- square foot residence and removal of one Town -
protected 20-inch diameter live oak tree on Lot 6 of the Tyler Court Subdivision (SD
9335); and
WHEREAS, previously approved Subdivision SD 9335 required approval of a
Development Plan prior to development of the residences on each lot and Planning
Commission approval for any Development Plan request that involves removal of a
Town -protected tree; and
WHEREAS, the Planning Commission did review the project at a noticed public
hearing on March 25, 2014; and
WHEREAS, the project has been found to be Categorically Exempt from the
requirements of the California Environmental Quality Act (CEQA) Class 3, Section
15303; 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 Planning Commission of the Town of Danville approves
Development Plan request DEV1.3-0089 and Tree Removal request TR14-0009 per the
conditions contained herein, and makes the following findings in support of this action:
Development Plan
1. The applicant intends to obtain permits for construction within 18 months
from the effective date of plan approval.
2. The proposed project is consistent with the Town of Danville's 2030
General Plan and meets the design and development standards listed
within the Town's Single Family Residential Zoning Ordinance.
3. The development will constitute a residential environment of sustained
desirability and stability and will be in harmony with the character of the
surrounding neighborhood and community.
Tree Removal
1. Authorizing removal of one Town -protected 20-inch diameter live oak
tree on Lot 6 of the Tyler Court Subdivision, and requiring large specimen
replacement trees to be planted elsewhere within the subdivision, would
allow for reasonable development of the property.
2. Removal of the tree would not result in soil erosion or significant
diversion or increase in flow of surface water, as the grading and
improvement plans for the property address soil stability and surface
water runoff.
CONDITIONS OF APPROVAL
1. This approval is for Development Plan request DEV13-0089 and Tree Removal
request TR14-0009, to allow the construction of a 3,668 +/- square foot residence
and removal of one Town -protected 20-inch diameter live oak tree on Lot 6 of the
Tyler Court Subdivision (SD 9335).
2. Prior to the issuance of a building permit, the applicant shall reimburse the Town
for costs incurred to notify neighboring residents of the proposed Development
Plan request. Reimbursement shall be in the amount of $229.56 ($120.00 plus 132
notices X $0.83 per notice) made payable to the Town of Danville.
3. The applicant shall pay or be subject to any and all Town and other related fees
that the property may be subject to. These fees shall be based on the current fee
schedule in effect at the time the relevant permits are secured, and shall be paid
prior to issuance of said permit.
PAGE 2 OF RESOLUTION NO. 2014-07
4. The Town -protected 20-inch diameter live oak tree authorized for removal under
this approval shall be mitigated through planting of replacement trees at an inch -
for -inch ratio. Mitigation trees shall be large specimen valley oak trees with a
minimum trunk diameter of 1.0 inches. One large specimen valley oak tree shall
be planted in the north-east corner of Lot 5 to add visual variation to the rear
elevations of the residences on Lots 5 and 6 from Diablo Road. The location of
other mitigation trees associated with this approval shall be within the
subdivision and subject to Town staff review and approval.
5. Window grids shall be consistent on all elevations.
6. The applicant shall work with Town staff to alternate between interior street tree
species.
7. Western rosebuds shall be planted as front porch box trees instead of vine
maples.
APPROVED by the Danville Planning Commission at a regular meeting on March 25,
2014, by the following vote:
AYES: Bowles, Combs, Graham, Haberl, Overcashier, Radich
NOES: - 1
ABSTAIN: - /
ABSENT: Heusler �'
C
Chairman
APPROVED AS TO FORM:
City Attorney
C 'ef of P nning
PAGE 3 OF RESOLUTION NO. 2014-07