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RESOLUTION NO. 2005-27
DENYING AN APPEAL BY JOHN AND ROBBIN EUDY AND UPHOLD THE
TOWN'S ADMINISTRATIVE APPROVAL OF TREE
REMOVAL REQUEST TR 2005-48
WHEREAS, the Town of Danville has requested approval of a Tree Removal permit to
allow the removal of a Town-protected oak tree which is approximately 30 inches in
diameter; and
WHEREAS, the subject tree is located within the EI Pintado Road public right-of-way at the
at the northeast corner of EI Pintado and Victorian Lane, adjacent to 300 Victorian Lane and
adjacent to Assessor's Parcel Number 197-161-045; and
WHEREAS, on October 26,2005, the Town of Danville issued an Appealable Action Letter
stating the Town's intent to approve the Tree Removal Permit and to remove the tree; and
WHEREAS, on November 7, 2005, the Town received an appeal of this action from John
and Robbin Eudy, owners of 300 Victorian Lane; and
WHEREAS, the Town of Danville Tree Preservation Ordinance requires approval of a Tree
Removal Permit prior to the removal of a Town-protected tree; and
WHEREAS, the Planning Commission did review the project at a noticed public hearing on
December 13, 2005; and
WHEREAS, the project has been found to be Categorically Exempt from the requirements
of 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
deny the appeal and approve the Tree Removal 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 denies the appeal and
upholds the Town's administrative action approving Tree Removal request TR 2005-48 per
the conditions contained herein, and makes the following findings in support of this action:
FINDINGS:
1. The removal of this tree will not result in soil erosion or a diversion or increase in
the flow of surface water due to the number of trees that will remain.
2. The tree is located adjacent to EI Pintado Road, and a significant portion of the main
trunk hangs over the right-of-way at a relatively low level. As a result, the tree has
proven to be a hazard for taller vehicles which have struck the tree on several
. .
occasIOns.
3. The removal of this tree will not result in an impact to the shade or privacy between
neighbors, or the scenic beauty of the area.
CONDITIONS OF APPROVAL
1. This permit authorizes the removal of one approximately 30 inch in diameter oak
tree located along the EI Pintado Road frontage adjacent to 300 Victorian Lane.
2. Within 60 days of the removal of the tree, the Town shall plant two minimum
24" box size valley oak trees in the general vicinity of the tree to be removed, as
determined appropriate by the Town.
APPROVED by the Danville Planning Commission at a regular meeting on December 13,
2005 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Combs, Graham, Moran, Nichols, Osborn
Condie, Storer
Morgan
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Chairman
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APPROVED AS TO FORM:
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City Attorney )
PAGE 2 OF RESOLUTION NO. 2005-27