HomeMy WebLinkAbout2007-01
RESOLUTION NO. 2007-01
APPROVING DEVELOPMENT PLAN REQUEST DP2006-19 TO ALLOW
ANEXCEPTION TO THE TOWN'S SCENIC HILLSIDE AND MAJOR
RIDGELINE ORDINANCE TO ALLOW 28 EXISTING PALM
TREES TO REMAIN ON THE SITE LOCATED WITHIN
A TOWN-IDENTIFIED SCENIC HILLSIDE AREA
(APN: 206-170-009 - DEHERRERA)
WHEREAS, Rick DeHerrera has requested approval of a Development Plan (DP 2006-
19) to allow an exception to the Town's Scenic Hillside and Major Ridgeline Ordinance
allowing 28 previously planted palm trees to remain on the 8.72 acre site; and
WHEREAS, the subject site is located within a Town-identified Scenic Hillside, area at
1615 Lawrence Road, and is further identified as Assessor's Parcel Number 206-170-009;
and
WHEREAS, the Town of Danville Scenic Hillside and Major Ridgeline Ordinance
prohibits the planting of palm trees in Scenic Hillside and Major Ridgeline areas; and
WHEREAS, the Planning Commission did review the project at a noticed public
hearing on February 13, 2007; 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 l~w;
and
WHEREAS, a staff report was submitted recommending that the Planning Commission
deny 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 DP 2006-19, and makes the following findings in support of
this action:
1. The existing palm trees do not conflict with the intent and purposes of Ordinance
29-84 ("Scenic Hillside and Major Ridgeline Development"), in that Town's Scenic
Hillside and Major Ridgeline Ordinance did not include a specific prohibition of
palm trees at the time that the original landscape plan was submitted and
approved. Therefore, it would be an onerous requirement of the applicant after
the fact to require removal of the trees.
2. The proposed development is in conformance with the Goal 2 of the Town's
2010 General Plan in that the surrounding community has developed and
progressed so that it is no longer the agrarian neighborhood it once was. Given
the evolution of surrounding development the proposed exception is not out of
conformance with the development and the surrounding community.
3. The proposed development is in conformance with the P-1; Planned Unit
Development District in which the property is located since the property owner
will be applying mitigation to limit the growth of the trees and screen the most
visible trees with new native trees consistent with the confines of the topography
and the location of the trees on the hill.
CONDITIONS OF APPROVAL
1. Except as may be modified by the following conditions of approval, authorized
palm trees shall be as shown on the landscape plan labeled "Deherrera
Residence," on file with the Planning Division.
2. The property owner shall top/trim all of the palm trees to limit their height.
3. The property owner shall screen the palm trees, particularly the 14 trees in fron
of the house lining the driveway. The exact species of trees and locations shall be
subject to review and approval of the Design Review Board prior to installation.
4. The property owner shall install root barriers to inhibit the growth of the trees.
5. The property owner shall employee watering and fertilization practices to limit
the growth of the trees to the extent possible.
6. Landscaping treatment shall be added to screen the propane tank on the front
slope of the property subject to review and approval by the Design Review
Board.
7. The applicant shall prepare a detailed arborist's report detailing additional
information regarding methods/ practices and growth retardants to limit the
growth of the trees for review and consideration by the Design Review Board.
PAGE 2 OF RESOLUTION NO. 2007-01
8. The property owner shall record a deed notification to run with the title of the
property outlining the requirements pertaining to the ongoing measures to
minimize the growth of the palm trees. .
APPROVED by the Danville Planning Commission at a regular meeting on February
13, 2007 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Combs, Morgan, Osborn, Storer
Antoun, Condie, Nichols
Chief of PIa
APPROVED AS TO FORM:
(j2~~-~,
City Attorney I
PAGE 3 OF ~LUTION NO. 2007-01