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Town Council Resolution No. 42-2022 12/07/2022
RESOLUTION NO. 42-2022
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON DENYING AN APPEAL BY JAMES MASSEY-KIM OF THE DESIGN REVIEW BOARD’S APPROVAL OF A TREE PERMIT FOR THE REMOVAL OF SEVEN (7) BLUE GUM EUCALYPTUS TREES, ONE (1) CANARY PALM, ONE (1) COAST REDWOOD TREE AND ONE (1) COAST LIVE OAK TREE ON THE PROPERTY LOCATED AT 4576 PARADISE DRIVE. THIS PROPERTY
IS LOCATED IN THE RPD ZONE. ASSESSOR PARCEL NO. 038-142-02 WHEREAS, on January 21, 2021, the Design Review Board held a duly noticed public
hearing to consider a Tree Permit application (File No. TREE2022-001) filed by Steven and Kathryn Hendricks (“Applicants’) for the removal of seven (7) Blue Gum Eucalyptus trees, one (1) Canary Palm, one (1) Coast Redwood tree and one (1) Coast Live Oak tree on the property located at 4576 Paradise Drive.
The official record for this application is hereby incorporated and made part of this Resolution. The record includes, without limitation, staff reports, minutes, application materials, appeal materials, correspondence, and all comments and materials received at any public hearings.
A. WHEREAS, at that hearing, the adjacent property owner at 103 Trinidad Drive opposed
the application and raised concerns erosion that may occur if the trees were removed, and further mitigation matters are not taken. The Design Review Board reviewed the application and determined the proposed tree removal would be consistent with the purpose and policy set forth in Tiburon Municipal Code, Chapter 15A-1, listed below:
1. The condition of the tree with respect to disease, hazard, proximity to existing or proposed structures or interference with utility services.
2. The necessity of removal or alteration of the tree in order to develop the property.
3. The topography of the land and the effect of tree removal or alteration on protection from wind, soil erosion or increased flow of surface water. 4. The number of trees in the neighborhood, and the effect of removal or alteration of the tree on the character of the neighborhood, including privacy impacts on
neighboring properties. 5. Good forestry practices: i.e. the number of healthy trees that a given property will support. 6. The historical significance and age of the tree.
WHEREAS, the Design Review Board voted unanimously 4-0 to conditionally approve the project; and
WHEREAS, on October 3, 2022, owner of 103 Trinidad Drive (“Appellant”) filed a timely appeal of the Design Review Board’s decision, objecting to the erosion that may occur due to the proposed tree removal; and
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Town Council Resolution No. 42-2022 12/07/2022
WHEREAS, on November 16, 2022, the Town Council held a duly-noticed public hearing, on a de novo basis, on the appeal, during which testimony was heard and considered
regarding the application and the Design Review Board’s review and decision on the application.
At the conclusion of the public hearing, the Town Council voted 5-0 to direct staff to prepare a resolution denying the appeal for the consideration of adoption at the next meeting. The Council determined that the subject application would be consistent with the guiding principles in review of Tree Permit application contained within Tiburon Municipal Code, Chapter 15A-1.
WHEREAS, on December 7, 2022 , a resolution denying the appeal and upholding the Design Review Board’s approval return to the Town Council. WHEREAS, the Town Council finds that the project is exempt from the requirements
of the California Environmental Quality Act per Section 15304 of the CEQA Guidelines; and
NOW, THEREFORE, BE IT RESOLVED that the foregoing Recitals are true and correct and are incorporated herein and form a part of this Resolution.
BE IT FURTHER RESOLVED that the Town Council of the Town of Tiburon hereby denies
the appeal of Steven and Kathryn Hendricks and conditionally approves the Tree Permit application (File No. TREE2022-001) for the removal of seven (7) Blue Gum Eucalyptus trees, one (1) Canary Palm, one (1) Coast Redwood tree and one (1) Coast Live Oak tree on the property located at 4576 Paradise Drive. The conditions of approval that were previously imposed by the Design Review Board will remain in
effect in addition to the following new conditions imposed by the Town Council:
• The stumps will remain in place; and
• The property owner will obtain Streambed Alteration Agreement from the California Department and Fish and Wildlife.
PASSED AND ADOPTED at a regular meeting of the Town Council on December 7, 2022, by the following vote: AYES: COUNCILMEMBERS: Fredericks, Griffin, Ryan, Thier, Welner
NAYS: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None
____________________________ JON WELNER, MAYOR TOWN OF TIBURON
ATTEST: ___________________________________ LEA DILENA, TOWN CLERK
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