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HomeMy WebLinkAbout2020-09RESOLUTION NO. 2020-09 RESOLUTION NO. 2020-09 DENYING AN 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 (QUERCUS AGRIFOLIA) AND NINE CALIFORNIA BAY LAUREL TREES (UMBELLULARIA CALIFORNICA), VARYING IN SIZE FROM 10” TO 26” IN DIAMETER 10 MARGARET LANE (APN: 199-160-015) WHEREAS, PHILIP AND CRYSTAL FERREIRA (Owner/Applicant) requested approval of a Tree Removal permit TR20-0019 to allow authorization for the previously removed 11 Town-protected trees; and WHEREAS, the trees removed without a permit include eleven Town-protected trees: two Live Oaks (Quercus agrifolia) with 12”& 26” diameters; and nine California Bay Laurel trees (Umbellularia californica) with 10”, 10.5”, 13”, 17”, 19”, 20”, 21”, 22”, and 23” diameters measured 4.5 feet above grade as specified within the project arborist report; and WHEREAS, the 1.9 acre lot is located with the Town’s R-65; Single Family Residential District at 10 Margaret Lane and is further identified as Assessor’s Parcel Number 199- 160-015; and WHEREAS, the Town sent an appealable action letter to the applicant on September 10, 2020, conditionally approving the Tree Removal request; and WHEREAS, on September 14, 2020, the Town received an appeal of that action from Johnathan Black of Weston Law Group, legal counsel for the property owner; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on October 27, 2020; 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 uphold the Town’s conditional approval of the Tree Removal request; and DocuSign Envelope ID: 830BCD14-AB27-42AF-91E7-9AA884B0E8F4 PAGE 2 OF RESOLUTION NO. 2020-09 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 conditional approval for Tree Removal request TR20-0019. FINDINGS OF APPROVAL 1. The removal of two Town-protected Live Oaks (Quercus agrifolia) and nine California Bay Laurel (Umbellularia californica) was not warranted due to their generally good health, location adjacent to top of bank abutting drainage swale and not in close proximity to the residence on the lot. However, the tree removals will be mitigated through required conditions of approval. CONDITIONS OF APPROVAL 1. This permit is a retroactive approval for the removal of the two-Live Oak trees (Quercus agrifolia) with 12”& 26” diameters; nine California Bay Laurel (Umbellularia californica) with 10”,10.5”,13”,17”,19”,20”,21”,22”,23” as detailed within the project file maintained by the Town of Danville and labeled “TR20–0019 Tree Removal – 10 Margaret Lane.” 2. As a mitigation measure, the owner shall be responsible to provide for on -site or off-site replacement tree planting for a total 194 inches of trees removed. This value represents the total tree loss at a replacement ratio of one 15 gallon tree per each two-inch diameter of removed trees or one 24” box size tree for each four-inch diameter of removed trees (minimum of 97-15 gallon or 48-24” box trees, or a combination thereof). The replacement tree planting shall be from the Town of Danville’s Protected Species List (attached) in a location of their choice within the common open space area for said property or, at the discretion of the property owner. The owner may choose a payment of an in-lieu mitigation fee, which shall be made payable to the Town of Danville. If the in-lieu mitigation fee option is selected, the fee shall be in the amount of $250.00 per 15gallon tree or $500 per 24” box tree for a total of $24,250 required for tree mitigation. This mitigation fee is based on the lowest recent bid result to install 15-gallon and/or 24” box trees in recent Town-sponsored capital improvement projects. Any in-lieu mitigation fees received by the Town shall be applied to an account chosen by the Town for use by the Danville Maintenance Department to allow the purchase, planting, and maintenance of beautification trees within the Town of Danville. DocuSign Envelope ID: 830BCD14-AB27-42AF-91E7-9AA884B0E8F4 PAGE 3 OF RESOLUTION NO. 2020-09 3. The eleven removed trees shall be replaced with 48” box size trees of a species described above, 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. The cost of 48” box size trees has been valued at $1,500.00 per tree. For each 48” box size tree, 12 inches per tree shall be credited toward the total required 194 inches of tree replacement 4. 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. 5. 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. APPROVED by the Danville Planning Commission at a special meeting on October 27, 2020 by the following vote: AYES: Bowles, Combs, Graham, Havlik, Radich, Trujillo, Verriere NOES: None ABSTAINED: None ABSENT: None ______________________________ CHAIR APPROVED AS TO FORM: ATTEST: _______________________________ ______________________________ CITY ATTORNEY CHIEF OF PLANNING DocuSign Envelope ID: 830BCD14-AB27-42AF-91E7-9AA884B0E8F4