The URL can be used to link to this page

Home My WebLink AboutSOAPC20201104 5.1 5.1 Danville Planning Commission – Special Meeting Summary of Actions October 27, 2020 - Draft 1. CALL TO ORDER The special meeting of the Danville Planning Commission was called to order by Chair Combs at 5:00 p.m. The meeting was conducted by teleconference only. 1.1 Roll Call Office Assistant Crystal Rosewicz conducted the roll call for attendance: Present: Robert Combs, Chair Mark Graham, Vice Chair Archie Bowles, Commissioner David Havlik, Alt. Commissioner Paul Radich, Commissioner Chris Trujillo, Commissioner Andrew Verriere, Commissioner Excused: None 1.2 Announcements Office Assistant Crystal Rosewicz provided information regarding the format of the meeting and instructions for public comment. 2. CHANGES TO THE ORDER OF THE AGENDA There were no changes to the order of the agenda. 3. “FOR THE GOOD OF THE TOWN” – Citizens who would like to address the Commission about a planning-related subject that is not listed on the agenda, have two options: (1) email the City Clerk prior to 4:00 p.m. on the day of the meeting; or (2) use the zoom chat feature during the meeting. The 3-minute time limit applies in both cases. There were no public comments received. Danville Planning Commission – Special Meeting Summary of Actions October 27, 2020 2 4. ITEMS FOR CONSIDERATION/ACTION 4.1 Consider approval of the Summary of Actions from the October 13, 2020, special Planning Commission meeting MOTION BY COMMISSIONER TRUJILLO, SECOND BY VICE CHAIR GRAHAM, TO APPROVE THE SUMMARY OF ACTIONS FROM THE OCTOBER 13, 2020 SPECIAL PLANNING COMMISSION MEETING MOTION CARRIED 7-0 5. PUBLIC HEARINGS 5.1 Consider approval of Resolution No. 2020-09, denying an appeal and uphold the Town’s conditional approval of Tree Removal request TR20-0019 related to the un-permitted removal of 11 Town-protected trees including two Live Oak trees (Quercus agrifolia) and nine California Bay Laurel trees (Umbellularia californica), varying in size from 10” to 26” in diameter. The property is located at 10 Margaret Lane. David Crompton, Chief of Planning presented the staff report. Bob Russell, Landscape Architect provided details of what he discovered during a site visit to the property. Rob Ewing, City Attorney addressed Commissioners questions. Jonathan Black, Weston Law Group presented on behalf of his client Phillip Ferreira of 10 Margaret Lane, and addressed Commissioners questions. Office Assistant Crystal Rosewicz advised the Commission that only one public comment was received from Bill and Fran Myers and this was read into the record by Crystal. MOTION BY COMMISSIONER VERRIERE, SECOND BY COMMISSIONER RADICH, TO ADOPT RESOLUTION NO. 2020-09, DENYING THE APPEAL AND UPHOLDING THE TOWN’S CONDITIONAL APPROVAL OF TREE REMOVAL REQUEST TR20-0019 RELATED TO THE UN-PERMITTED REMOVAL OF 11 TOWN- PROTECTED TREES INCLUDING TWO LIVE OAK TREES AND NINE CALIFORNIA BAY LAUREL TREES VARYING IN SIZE FROM 10” TO 26” Danville Planning Commission – Special Meeting Summary of Actions October 27, 2020 3 IN DIAMETER. THE PROPERTY IS LOCATED AT 10 MARGARET LANE WITH THE FOLLOWING MODIFICATIONS: • THE ELEVEN REMOVED TREES SHALL BE REPLACED WITH 48” BOX SIZE TREES TO BE PLACED IN THE GENERAL LOCATION OF THE 11 TREES WHICH WERE REMOVED. THE INTENT OF THESE REPLACEMENT TREES IS TO RE-CREATE A PRIVACY SCREEN BETWEEN THE SUBJECT PROPERTY AND ADJACENT RESIDENCE. THE EXACT PLACEMENT OF THE TREES MAY ALSO TAKE INTO CONSIDERATION THE MAXIMIZATION OF ACCESS TO THE SUN IF SOLAR PANELS ARE PLANNED FOR THE AREA. HOWEVER, THE REQUIREMENT FOR THE CREATION OF THE PRIVACY SCREEN SHALL TAKE PRIORITY. • TO ASSURE THE SURVIVAL OF THE MITIGATION THAT ARE PLANTED ON-SITE, THE APPLICANT SHALL SUBMIT A CASH DEPOSIT, OR OTHER SECURITY ACCEPTABLE TO THE CHIEF OF PLANNING, IN THE AMOUNT OF FIVE THOUSAND ($5,000) DOLLARS. AFTER TWO (2) FULL GROWING SEASONS, THE PLANNING DIVISION SHALL INSPECT THE HEALTH OF THE TREES THAT WERE REQUIRED TO BE PLANTED. PRIOR TO THE TOWN'S RELEASE OF THE SECURITY DEPOSIT, THE APPLICANT SHALL BE REQUIRED TO REPLACE ANY OF THE REQUIRED TREES THAT HAVE NOT SURVIVED. WHERE REPLACEMENT TREES ARE REQUIRED TO BE PLANTED, THE TWO (2) YEAR SECURITY PERIOD SHALL BE REPEATED. HOWEVER, UPON APPROVAL BY THE CHIEF OF PLANNING, THE AMOUNT OF THE SECURITY MAY BE REDUCED TO REFLECT THE ESTIMATED VALUE OF THE REPLACEMENT TREES. • ANY FUTURE DEVELOPMENT ON THE SITE SHALL BE SUBJECT TO THE TREE PRESERVATION SECURITY DEPOSIT REQUIREMENTS AS OUTLINED UNDER SECTION 32-79.9 OF THE TOWN’S MUNICIPAL CODE. MOTION CARRIED 7-0 Danville Planning Commission – Special Meeting Summary of Actions October 27, 2020 4 6. REPORTS AND COMMUNICATIONS 6.1 Commissioner Reports David Crompton communicated that there will be a joint study session meeting with the Town Council, Planning Commission, and Design Review Board on November 10, 2020 at 4:00 p.m. The purpose of this study session is to discuss issues related to the possible re-development of the FAZ restaurant site at 600 Hartz Avenue. 7. ADJOURNMENT The special meeting of the Danville Planning Commission was adjourned at 6:00 p.m. ___________________________________ ____________________________________ David Crompton, Chief of Planning Crystal Rosewicz, Office Assistant