HomeMy WebLinkAbout2021-02RESOLUTION 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.
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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: Bowles, Combs, Graham, Houlihan, Palandrani, Radich, Trujillo
NOES: None
ABSTAINED: None
ABSENT: None
______________________________
CHAIR
APPROVED AS TO FORM: ATTEST:
_______________________________ ______________________________
CITY ATTORNEY CHIEF OF PLANNING
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