HomeMy WebLinkAboutASR20210713 5.1 PLANNING COMMISSION STAFF REPORT 5.1
TO: Chair and Planning Commission July 13, 2021
SUBJECT: Consider approval of Resolution No. 2021-02 denying an appeal and uphold
the Town’s administrative action denying Tree Removal request TR21-0012
requesting the removal of one 26.5” diameter Town-protected Valley Oak tree
(Quercus lobata) in the front yard area of the residence. The site is located at
459 Love Lane (Project Manager: Bob Russell)
BACKGROUND
The property owner submitted an application to remove one Town-protected 26.5” diameter
Valley Oak tree (Quercus lobata). The applicant states that removal of this tree is necessary
to allow for a proposed half-circle entry driveway to the main house from Love Lane.
On June 17, 2021, the Town took action administratively denying the Tree Removal
application (Attachment C). On June 25, 2021, a letter was received from the property
owner, Ray Marquez, appealing the denial (Attachment D). In the appeal, Mr. Marquez
states that the life of the tree in question is estimated at five years or less and poses a hazard
to the neighboring property and passersby. He also states that the loss of visual screening,
as asserted by staff, will soon be lost anyway because of the declining health of the tree and
that the expense of redesigning the proposed driveway outweighs any temporary benefit
the tree may provide.
On June 23, 2021, the Town issued a stop work notice because the applicant’s contractor was
proceeding with clearing and grubbing of the site and had removed the protective tree
fencing from around all of the protected trees on site to remain. Equipment was parked
under the canopy of the oak trees and soil piled up within the root zone in direct violation
of the Town’s Tree Preservation Ordinance while grading without a permit.
EVALUATION
Tree Preservation Ordinance
The Town’s Tree Preservation Ordinance (Municipal Code Section 32-79) lists the Valley
Oaks (Quercus lobata) as a Town-protected tree and requires that a Tree Removal permit be
approved by the Town prior to removal.
459 Love Lane 2 July 13, 2021
The Ordinance specifies Findings that the Town must make in order to approve a Tree
Removal application (Attachment G). Following are the required Findings and the Town’s
position related to each Finding:
1.The condition of the tree(s) with respect to its health, imminent danger of falling,
proximity to existing structures, and interference with utility infrastructure.
According to the Tree Report submitted by property owner from Atlas Tree Service, the report
shows that the canopy is thin and new shoot growth is negligible (Attachment E). However,
the tree appears to be in moderate health, and there is no evidence that the tree presents a
safety hazard beyond what would be normally associated with this type of tree. Having a
consulting arborist involved with the re-design the entry driveway, would ensure the health
of the tree while helping it to survive the improvements for the foreseeable future.
2.The necessity to remove the tree(s) to allow for the reasonable use, enjoyment, ordevelopment of the property.
The Town reviewed the subject oak tree and the applicant’s grading and building plans. It is
the Town’s position that the project plans, which include a one-half circular driveway in the
front yard area, can be easily modified to avoid the necessity of removing the tree (Attachment
F).
3.The age and/or size of the protected tree with regard to the appropriateness of the
size of the area in which the tree is planted and whether its removal would encourage
healthier, more vigorous growth of other plant material in the area.
There are no other trees or plant material in the immediate area.
4.If none of the above criteria are satisfied, the Planning Commission may authorize
removal if it finds that, due to the location of the tree on the property and its
orientation as it related to the residence on the property and/or actively used yard
areas, the tree is unreasonably adversely impacting the property owner's enjoyment
and/or use of the property. In this case, mitigation tree replacement plantings may
be required as found appropriate by the Planning Commission.
This finding can be made at the discretion of the Planning Commission.
5.The effect of the removal of the tree upon soil erosion or whether its removal will
result in a significant diversion or increase in the flow of surface water.
There is no evidence that the tree removal what have a significant effect on the flow of
surface water.
459 Love Lane 3 July 13, 2021
6.The number, species, size, and location of other protected trees in the area and the
effect the removal of the tree(s) will have upon shade, privacy between properties,
and scenic beauty of the area.
Removal of the tree would adversely impact the neighborhood, in that, removal would result
in the loss of visual screening of the residence on the property, and a reduction of screening
and privacy between the residence and the neighboring residence to the north. Removal of the
tree would adversely impact the neighborhood, in that, removal would result in the un-
necessary loss of shade along the shared roadway easement.
7.Possible visual impacts within a Town-identified Major Ridgeline or Scenic Hillside
Area created as a result of the tree removal.
The site is not located within a Town-identified Major Ridgeline or Scenic Hillside
area.
PUBLIC CONTACT
Public notice of the July 13, 2021, meeting was mailed to property owners within 350 feet of
the site. A total of 32 notices were mailed to surrounding property owners. Posting of the
meeting agenda serves as notice to the general public.
RECOMMENDATION
Adopt Resolution No. 2021-02 denying an appeal and uphold the Town’s administrative
action denying Tree Removal request TR21-0012 requesting the removal of one 26.5”
diameter Town-protected Valley Oak tree (Quercus lobata) in the front yard area of the
residence. The site is located at 459 Love Lane (Project Manager: Bob Russell)
Prepared by:
Bob Russell
Landscape Architect
Attachments: A - Resolution No. 2021-02
B - Public Notification, Notification Map and Notification List
C - Appealable Action Letter dated June 17, 2021
D - Letter of Appeal dated June 25, 2021
E - Arborist Report dated June 23, 2021
F - Staff Study, Reconfiguration of the Driveway
G - Section 32-79.6 of the Danville Municipal Code Related to Tree Removal
RESOLUTION NO. 2021-02
DENYING AN APPEAL AND UPHOLD THE TOWN’S ADMINISTRATIVE
ACTION DENYING TREE REMOVAL REQUEST TR21-0012 REQUESTING
THE REMOVAL OF ONE 26.5” DIAMETER TOWN-PROTECTED VALLEY
OAK TREE (QUERCUS LOBATA) IN THE FRONT YARD AREA OF THE
RESIDENCE. THE PROPERTY IS LOCATED AT 459 LOVE LANE
(APN: 199-150-022)
WHEREAS, Ray Marquez, (Owner/Applicant) requested approval of a Tree Removal
permit TR21-0012 to allow authorization for the removal of one 26.5” Town-protected
Valley Oak tree; and
WHEREAS, the .39 acre lot is located with the Town’s R-40; Single Family Residential
District at 459 Love Lane and is further identified as Assessor’s Parcel Number 199-150-
022; and
WHEREAS, on June 17, 2021, the Town issued an appealable action letter
administratively denying the Tree Removal request; and
WHEREAS, on June 25, 2021, the Town received an appeal of that action from Ray
Marquez the property owner; and
WHEREAS, the Planning Commission did review the project at a noticed public hearing
on July 13, 2021; 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 denial of the Tree Removal 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 denies the appeal
and upholds the Town’s denial of Tree Removal request TR21-0012.
ATTACHMENT A
PAGE 2 OF RESOLUTION NO. 2021-02
FINDINGS OF DENIAL
1. The removal of one 26.5” diameter Town-protected Valley Oak tree (Quercus
lobata) is not warranted, in that, staff conducted a site visit and reviewed project
development plans and found that it is not necessary to remove this tree to allow for the
reasonable development of the property. The project plans can be easily modified so that
the proposed semi-circular driveway avoids the root zone of the subject Oak tree, while
still meeting the property owner’s objectives.
2.Removal of the tree would adversely impact the neighborhood, in that, removal
would result in the loss of visual screening of the residence on the property, and a
reduction of screening and privacy between the residence and the neighboring residence
to the north.
3.Removal of the tree would adversely impact the neighborhood, in that, removal
would result in the un-necessary loss of shade along the shared roadway easement.
APPROVED by the Danville Planning Commission at a special meeting on July 13, 2021
by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
______________________________
CHAIR
APPROVED AS TO FORM: ATTEST:
_______________________________ ______________________________
CITY ATTORNEY CHIEF OF PLANNING
ATTACHMENT B
“Small Town Atmosphere
Outstanding Quality of Life”
5 1 0 L A G O N D A W A Y , D A N V I L L E , C A L I F O R N I A 9 4 5 2 6
Administration Building Engineering & Planning Transportation Maintenance Police Parks and Recreation
(925) 314-3388 (925) 314-3330 (925) 314-3310 (925) 314-3310 (925) 314-3450 (925) 314-3700 (925) 314-3400
APPEALABLE ACTION LETTER
June 17, 2021
Planning Application: TR21-0012 – 459 Love Lane
Project Description: Tree Removal request to allow the removal of one 26.5”
diameter Town-protected Valley Oak tree (Quercus
lobata)
Project Location: 459 Love Lane, APN: 199-150-022
Property Owner: Ray Marquez, ROMJ Investments, LLC
459 Love Lane
Danville, CA 94526
Dear Property Owner:
The Planning Division has denied this tree removal application. Findings of denial are
attached. This action becomes final on June 29, 2021, unless appealed in accordance
with Section 32-4.7 of the Danville Municipal Code. If you choose to appeal this
decision, an appeal letter accompanied by the requisite appeal fee must be received
prior to 5:00 p.m. on June 28, 2021, at the Town Offices, 510 La Gonda Way, Danville,
CA 94526.
If you have any questions regarding this matter, feel free to contact me at (925) 314-3315
or at brussell@danville.ca.gov.
Sincerely,
David Crompton
Chief of Planning
ATTACHMENT C
TR21-0034 459 Love Lane
June 16, 2021
Page 2
5 1 0 L A G O N D A W A Y , D A N V I L L E , C A L I F O R N I A 9 4 5 2 6
Administration Building Engineering & Planning Transportation Maintenance Police Parks and Recreation
(925) 314-3388 (925) 314-3330 (925) 314-3310 (925) 314-3310 (925) 314-3450 (925) 314-3700 (925) 314-3400
FINDINGS OF DENIAL:
The Town of Danville reviewed the proposed tree removal and has made the following findings
in not support of the tree removal permit:
1.The removal of one 26.5” diameter Town-protected Valley Oak tree (Quercus lobata)
is not warranted, in that, staff conducted a site visit and reviewed project development plans
and found that it is not necessary to remove this tree to allow for the reasonable development of
the property. The project plans can be easily modified so that the proposed semi-circular driveway
avoids the root zone of the subject Oak tree, while still meeting the property owner’s objectives.
2.Removal of the tree would adversely impact the neighborhood, in that, removal would
result in the loss of visual screening of the residence on the property, and a reduction of screening
and privacy between the residence and the neighboring residence to the north.
3.Removal of the tree would adversely impact the neighborhood, in that, removal would
result in the un-necessary loss of shade along the shared roadway easement.
ATTACHMENT D
ATTACHMENT E
ATTACHMENT F
32-79.6 Decision Regarding Permit.
a.Time of Decision. The Planning Division shall render a decision regarding the permit within fifteen (15) working days after the
filing of a complete application. If an application is being jointly considered with any other application for a development entitlement,
then the decision on the Tree Removal permit shall be rendered simultaneously with a decision on the development entitlement
application.
b.Criteria. In order to issue a Tree Removal permit the Town shall consider the following criteria:
1. The condition of the tree(s) with respect to its health, imminent danger of falling, proximity to existing structures, and
interference with utility infrastructure.
2. The necessity to remove the tree(s) to allow for the reasonable use, enjoyment or development of the property.
3. The age and/or size of the protected tree with regard to the appropriateness of the size of the area in which the tree is planted and
whether its removal would encourage healthier, more vigorous growth of other plant material in the area.
4. If none of the above criteria are satisfied, the Planning Commission may authorize removal if it finds that, due to the location of
the tree on the property and its orientation as it related to the residence on the property and/or actively used yard areas, the tree is
unreasonably adversely impacting the property owner's enjoyment and/or use of the property. In this case, mitigation tree replacement
plantings may be required as found appropriate by the Planning Commission.
5. The effect of the removal of the tree upon soil erosion or whether its removal will result in a significant diversion or increase in
the flow of surface water.
6. The number, species, size and location of other protected trees in the area and the effect the removal of the tree(s) will have upon
shade, privacy between properties, and scenic beauty of the area.
7. Possible visual impacts within a Town-identified Major Ridgeline or Scenic Hillside Area created as a result of the tree removal.
c.Additional Recommendations. The Chief of Planning may refer any Tree Removal application to the Planning Commission for
review and action. Upon such referral, the timeline for action established under paragraph a of this subsection shall automatically
increase to forty-five (45) days unless connected to another development application, in which case the request shall be considered
jointly with that application.
d.Mitigation Measures. The Planning Division shall grant or deny the application, or grant the application with conditions of
approval which are intended to help mitigate the removal of the tree(s). Where mitigation is determined to be necessary, the Town may
require the planting of on-site or off-site replacement trees (location and species to be determined by the Town) which are of a
cumulative diameter necessary to equal the diameter of the tree(s) which are approved for removal.
(Ord.# 2001-01, §3; Ord. 2009-04, §2)
ATTACHMENT G