HomeMy WebLinkAbout077-2015RESOLUTION NO. 77-2015
DENYING AN APPEAL BY STEVEN AND ANN PELTZ OF THE PLANNING
COMMISSION'S DENIAL OF A TREE REMOVAL APPLICATION (TR15-22)
TO ALLOW THE REMOVAL OF ONE TOWN -PROTECTED 37+/ INCH
DIAMETER CALIFORNIA SYCAMORE TREE IN THE FRONT YARD
AREA OF THE RESIDENCE LOCATED AT 253 LOVE LANE
(APN:199-322-004 - PELTZ)
WHEREAS, STEVEN & ANN PELTZ (Owner/ Applicant) have requested approval of a
Tree Removal application (TR15-22) to allow the removal of one Town -protected 37 +/-
inch California Sycamore tree; and
WHEREAS, the .26 acre lot is located at 253 Love Lane, APN:199-322-004; and
WHEREAS, the Town's 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, the Town took action administratively denying the application on May 18,
2015; and
WHEREAS, the property owner submitted a letter appealing that action on May 28,
2015; and
WHEREAS, the Planning Commission reviewed the appeal during a noticed public
hearing on July 28, 2015, and took action denying the appeal; and
WHEREAS, the property owner submitted a letter appealing the Planning
Commission's action on August 7, 2015; and
WHEREAS, the Town Council reviewed the appeal during a noticed public hearing on
September 1, 2015; and
WHEREAS, the public notice of this hearing was given in all respects as required by
law; and
WHEREAS, a staff report was submitted recommending that the Town Council deny
the appeal; 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 Town Council denies the appeal upholding the Planning
Commission's denial of Tree Removal request TR15-22 and makes the following
findings in support of this action:
FINDINGS
1. There is no evidence related to the subject tree or property which would allow
the Town to make the necessary findings as required by the Town's Tree
Ordinance:
a. As the subject tree is healthy, it is not necessary to remove the tree based
on the condition of the tree with respect to its health, imminent danger of
falling, proximity to existing structures, or interference with utility
infrastructure.
b. It is not necessary to remove the tree to allow for the reasonable use,
enjoyment, or development of the property as the tree is a front yard street
tree and is not in a location that would inhibit the reasonable development
of the property or use of the yard for typical residential purposes.
C. There is no evidence supporting the tree's removal related to the age
and/or size of the tree with regard to the appropriateness of the size of the
area in which it is located or that its removal would encourage healthier,
more vigorous growth of other plant material in the area.
APPROVED by the Danville Town Council at a regular meeting on September 1, 2015
by the following vote:
AYES: Doyle, Stepper, Arnerich, Morgan, Storer
NOES: None
ABSTAIN: None
ABSENT: None
MAYOR
AP OVED AS TO FO ATTEST:
) — ��A 1:
CITY ATTORNEY I CITY CLE K
PAGE 2 OF RESOLUTION NO. 77-2015