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1987-011-Denying Appeal Of A Condition Of Approval Of A Planning Commission Approval To Remove A Protected Tree On Property Located In The R-1:8,000 ZoneRESOLUTION NO: 1987 -11 RESOLUTION DENYING APPEAL OF A CONDITION OF APPROVAL OF A PLANNING COMMISSION APPROVAL TO REMOVE A PROTECTED TREE ON PROPERTY LOCATED IN THE R- 1:8,000 ZONE (Jay V. Stanger - 101 Glenridge Avenue) WHEREAS: A. Jay V. Stanger has appealed a decision of the Planning Commission as follows: approval to remove a protected tree on property located in the R- 1:8,000 zone at 101 Glenridge Avenue, property owned by Jay V. Stanger; B. The appellant has appealed only the condition that the property owner pay the civil penalty of $2,321.09; and C. A public hearing was held on October 6, 1986 and January 7, 1987. IT IS HEREBY RESOLVED: A. The Town Council hereby finds that the Planning Commission did not err. B. The Town Council further finds that due to the value of the replacement tree and because the tree should be removed, the civil penalty should be reduced to $250. C. Based on the foregoing findings, the appeal is denied and the tree removal permit is granted subject to the following conditions: 1. Planting of a sizeable replacement of tree or several trees subject to the approval of the Director of Parks, Forestry and Maintenance Services, 2. A two year maintenance contract on said tree or trees shall be required. 3. Property owner shall pay the civil penalty of $250. D. The civil penalty shall be used to furnish tree services in business in the Town with a copy of the Town Tree Protection Ordinance. Pursuant to Los Gatos Town Code Section 1 -15, the time for seeking judicial review for the Town Council decision is governed by California Code of Civil Procedure Section 1094.6. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 2nd day of February 1987 by the following vote. AYES: COUNCIL MEMBERS Joanne Benjamin, Robert L. Hamilton, and Vice -Mayor Eric D. Carlson HOES: COUNCIL MEMBERS Thomas J. Ferrito ABSTAIN: COUNCIL MEMBERS None ABSENT: COUNCIL MEMBERS Brent N. Ventura SIGNED: VICE- MAYOR OF THE TOWN OF LOS GATOS ATTEST: =R OF 1 THE IOWN 6F C6S GAfiUb