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RESOLUTION NO. 19-2006
APPROVING AN APPEAL BY JOHN AND ROBBIN EUDY AND OVERTURNING
THE PLANNING COMMISSION'S APPROVAL OF TR 2005-48 DENYING THE
REMOVAL OF A 30 +/- INCH IN DIAMETER OAK TREE LOCATED
WITHIN THE TOWN OF DANVILLE EL PINTADO
ROAD RIGHT-OF-WAY
WHEREAS, John and Robbin Eudy have submitted an appeal of the Planning
Commission's action denying an appeal of the Town's administrative action approving
Tree Removal permit TR 2005-48 allowing the removal of one 30+ / - inch valley oak tree;
and
WHEREAS, the subject tree is located at within the Town of Danville EI Pintado Road
public right-of-way adjacent to 300 Victorian Lane (APN: 197-161-045); 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 project has been found to be Categorically Exempt from the requirements
of the California Environmental Quality Act (CEQA); 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 Planning Commission did review the project at a noticed public hearing on
December 13, 2005, and did deny the appeal and uphold the Town's administrative
approval of the Tree Removal permit; and
WHEREAS, on December 16, 2006, the Town received an appeal of this action from John
and Robbin Eudy; and
WHEREAS, a staff report was submitted recommending that the Town Council deny the
appeal and approve the Tree Removal request; and
WHEREAS, the public notice of this action was given in all respects as required by law;
and
WHEREAS, on February 21,2006, the Danville Town Council did review the project at a
noticed public hearing and did approve the appeal, overturning the Planning
Commission's denial, and denying Tree Removal request TR 2005-48; and
WHEREAS, in approving the appeal, the Town Council directed staff to review tree
trimming options to reduce liability issues related to the tree to the extent feasible; and
WHEREAS, subsequent to this meeting, the Town had an arborist report prepared for the
tree which indicated that, to trim the tree in a manner to reduce the liability impacts to the
extent feasible, approximately 80 percent of the tree would need to be removed; and
WHEREAS, during the Town Council's meeting on March 7, 2006, given the new
information contained within the arborists report, the Town Council approved a motion to
reconsider the action at a subsequent meeting; and
WHEREAS, on April 18, 2006, the Town Council did hold a public hearing to reconsider
. the item; and
WHEREAS, the Town Council 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 Town Council approves the appeal, reaffirming the Town
Council's previous action, denying the Tree Removal request TR 2005-48, and directed staff
to have the tree trimmed to the extent necessary to eliminate the vertical hazard associated
with the tree, and makes the following findings in support of this action:
FINDINGS:
1. The Tree Removal would be detrimental to the scenic beauty and rural character of
the El Pintado Road area.
2. The Town is committed to reviewing road improvement option for the immediate
area and the larger El Pintado Road area as an alternate to removing this tree.
3. In order to address the. liability / safety concerns, the tree will be trimmed in a
manner to eliminate the vertical hazard presented by the existing tree, as general
depicted in the Arborist report prepared by Joseph McNeil, dated February 24, 2006.
The tree trimming shall be conducted or supervised by a certified arborist to assure
the most appropriate trimming practices. If the subject tree should decline or die,
the Town will plant two 24 inch box size oak trees in the vicinity upon removal of
the subject tree.
PAGE 2 OF RESOLUTION NO. 19-2006
APPROVED by the Danville Town Council at a regular meeting on April 18, 2006 by the
following vote:
AYES: Stepper, Andersen, Doyle
NOES: Shimansky, Arnerich
ABSTAIN: None
ABSENT: None
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MAYOR ~, .- . .
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CITY ATTORNEY
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CITY CLERK
PAGE 3 OF RESOLUTION NO. 19-2006