2001-040-Granting An Appeal Of A Decision Of The Planning Commission Denying A Tree Removal Permit On Property Zoned R-1:8RESOLUTION 2001- 40
RESOLUTION GRANTING AN APPEAL OF A DECISION OF THE
PLANNING COMMISSION DENYING A TREE
REMOVAL PERMIT ON PROPERTY ZONED R-1:8.
TREE REMOVAL PERMIT APPLICATION: T-00-0248
PROPERTY LOCATION: 137 GREENDALE DRIVE
PROPERTY OWNER /APPLICANT /APPELLANT: STEVE NELSON
WHEREAS:
A. This matter came before the Town Council for public hearing on April 2, 2001, on
an appeal by Steve Nelson (property owner, applicant and appellant) 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 t11e appellant and all
interested persons w11o 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 March 28, 2001., along with subsequent
reports and materials prepared concerning this application.
C. The appellant seeks approval to remove a tree (Cedrus Atlantica) that is 25 inches in
diameter. According to the application, the tree is: (1) making it difficult to grow additional plant
life due to it's acidic needles, (2) creating a nuisance for adj acent property owners and the appellant,
and (3) is in close proximity to electricity, phone and cable lines. The proposedtree removal isnot
associated with :any proposed construction on the property.
D. On October 26, 2000 the application was .denied based on the Town's Arborst
determined that the tree is healthy; has no structural impact on surrounding structures, does not
present a safety hazard, and should be pruned. The Planning Commission considered this
application on February 28, 2001, which it then denied.
E. The stated grounds .for the appeal is that after a 3-3 vote to approve the tree removal
permit Commissioner .Lyon reversed the vote for approval to enable the applicant an opportunity
to appeal the Commission's decision.
F. Pursuant to Town Code section 29.20.300, Council finds that the Planning
Commission did not have discretion to modify or address a policy which is vested in the Council for
modification or decision; to wit, :how to apply the standards for consideration of a tree removal
permit in this case where the tree, though healthy, is undesirable to the applicant and neighbors, and
would be replaced with seven additional trees.
RESOLVED:
1. 'The appeal of the decision of the Planning Commission on Tree Removal Permit
Application T-00-0248 is granted and the application to remove the tree is approved on condition
that seven (7) replacement trees be planted to the satisfaction of the Director of Parlcs .and Public..
2. 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 t11e procedures established by Code of Civil Procedure section 1094.6, or such
shorter time as required by State and Federal law.
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PASSED AND ADOPTED at a regular meeting of the Town. Council of the Town of Los
Gatos, California held on the 16"' day of April, 2001 by the following vote.
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Sandy Decker, .Steve Glickman.,
Mayor Joe Pirzynslci.
NAYS : None
ABSENT: None
ABSTAIN: None
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SIGNED:
AYOR E TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST
-~
CLEItl~ OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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