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2001-119-Granting An Appeal Of A Decision Of The Planning Commission Approving A Tree Removal Permit For 56 Pine TreesRESOLUTION 2001 -119 RESOLUTION GRANTING AN APPEAL OF A DECISION OF THE PLANNING COMMISSION APPROVING A TREE REMOVAL PERMIT FOR 56 P1NE TREES TREE REMOVAL PERMIT: T-Ol-?l PROPERTY LOCATION: ].4932 DIDUCA WAY PROPERTY OWNER: KEN ANDERSON APPELLANTS: DIRK & JOSINE SMITS WHEREAS: A. This matter came before Council for public hearing on October 15, 2001, on an appeal by Dirk and Josine Smits (appellants) from a decision of the Planning Commission and was regularly noticed in conformance with State :and Town law. B. Council received testimony and documentary evidence from the appellants and all interested persons who wished to testify or submit documents. Council considered all testimony and materials submitted, including the record of the Planning Commission proceedings and the packet of material contained in the Council Agenda Report dated August 30, 2001 and October 10, 2001, along with subsequentreports and materials prepared concerning this application. C. The property owner applied for the removal of 94 pine treesrangng in size from ~ 15" to ~ 45" in diameter. The application for the removal of 38 pine trees was approved on February 7, 2001, because the Town arborist determine that the pines were either dead or dying. The removal ofthe remaining 56 pine trees was denied because they were determined to be healthy. On February 20, 2001 the applicant appealed the Community .Development Director's decision to deny the removal of the Sb pine trees. This application is not associated with any proposed construction on the property, but the appellant is not precluded from filing future development. applications. D. The Planning Commission consideredthis item on June 13, 2001. The Commission 1 approved the appeal with three conditions based on the comments received from the applicant and the Town arborist, and that Standard 1 and .Standard 3 of Town Code section 29.10.0990 were met. E. The appellants are appealing the Planning Commission decision because they believe that the Commission erred or .abused its discretion and that inadequate consideration was given in the hearing to the resulting increase in storm run-off that will aggravate existing problems with creek bed erosion flooding downstream if the trees are allowed to be removed. F. Council finds pursuant to Town Code section 29:20.300 that new information was submitted to the Council during the .requested hearing that was not readily available at the time of the .Planning Commission review. That information concerned (1) the jurisdictional relationship between the Town and the County concerning property located in the County, but subj ect to a County ordinance mandating that the Town approve tree removal permits if the property is also located within the area governed by the Hillside Specific Plan, and {2) that the applicant had removed 26 of the 56 trees approved for removal by the Planning Commission, which decision was subject to this appeal, and that the applicant was now only interested in removing an additional three trees. Because this information would not have been material to the decision of the Commission, which had already permitted the removal of a1156 additional trees, Council finds that this matter need not be remanded back to the Planning Commission pursuant to Town Code section29:20.300. RESOLVED: 1. The appeal of the decision of the Planning Commission on Tree Removal Permit T- O 1-71 therefore granted. 2. The conditions of approval attached as Attachment 2 to the August 30, 2001 Council Report are hereby amended as follows and are applied to this Tree Removal Permit: 2 a. 29 Trees are approved for removal (26 trees removed during the pendency of the appeal plus an additional three trees).. b. All replacement trees to be planted prior to the removal of three additional trees. c. 87 replacement 15-gallon live oaks trees will be planted. The number of trees may be reducedby Town staff if staff determines that theproperty cannot support a three to one replacement of 87 trees approved for removal. 3. The .decision constitutes a final administrative decision pursuant to Code of Civil :Procedure section 1094.6 as adopted by Section 1.10.085 of the Town Code of the Town of Los Gatos, Any application for judicial relief from this decision must be sought within the time limits and pursuant to the procedures established by Code of Civil Procedure Section 1094.6, or such shorter time as required by state or federal law, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California held on the St'' day of November, 2001 by the following vote. COUNCIL MEMBERS: AYES: Randy Attaway, Steven Blanton, Sandy Decker, Steve Glickman, Mayor Joe Pirzynski. NAYS: None ABSENT: None ABSTAIN: None , ~---~ SIGNED: G ; ~~~~ MAYOR OF THB TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST ,. CLERK OF THE TOWN OF L GATOS LOS GATOS, CALIFORNIA 3