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<br />present a safety hazard, and should be pruned. The Planning Commission considered this <br />application on February 28, 2001, which it then denied. <br />E. The stated grounds .for the appeal is that after a 3-3 vote to approve the tree removal <br />permit Commissioner .Lyon reversed the vote for approval to enable the applicant an opportunity <br />to appeal the Commission's decision. <br />F. Pursuant to Town Code section 29.20.300, Council finds that the Planning <br />Commission did not have discretion to modify or address a policy which is vested in the Council for <br />modification or decision; to wit, :how to apply the standards for consideration of a tree removal <br />permit in this case where the tree, though healthy, is undesirable to the applicant and neighbors, and <br />would be replaced with seven additional trees. <br />RESOLVED: <br />1. 'The appeal of the decision of the Planning Commission on Tree Removal Permit <br />Application T-00-0248 is granted and the application to remove the tree is approved on condition <br />that seven (7) replacement trees be planted to the satisfaction of the Director of Parlcs .and Public.. <br />2. The decision constitutes a final administrative decision pursuant to Code of Civil <br />Procedure section 1094.6 as adopted by section 1.10.085 of the Town Code of the Town of Los <br />Gatos. Any application for judicial relief from this decision must be sought within the time limits <br />and pursuant to t11e procedures established by Code of Civil Procedure section 1094.6, or such <br />shorter time as required by State and Federal law. <br />// <br />// <br />2 <br />