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1990-009-Denying An Application To Remove A Protected Tree On Property In The R-D ZoneRESOLUTION 1990 - 9 RESOLUTION DENYING APPEAL OF DECISION OF THE PLANNING COMMISSION IN DENYING AN APPLICATION TO REMOVE A PROTECTED TREE ON PROPERTY IN THE R -D ZONE (941 BLOSSOM HILL ROAD - LORA RODRIGUEZ) 1'i' /'I101J 00—T 1. Lora Rodriguez has appealed a decision of the Planning Commission as follows: denial of an application to remove a protected tree on property in the R -D zone located at 941 Blossom Hill Road (Architecture and Site Application S- 86 -58); and 2. A public hearing was held by the Town Council on December 18, 1989. BE IT RESOLVED: 1. The Town Council hereby finds no testimony or evidence was presented that the decision of the Planning Commission was in error. 2. The Town Council hereby further finds that the appellant has failed to show safety, health or nuisance reasons to support the request for removal. 3. The Town Council hereby further finds that the tree is a specimen tree that was at its existing size when the property was purchased by appellant. 4. Based on the foregoing findings, the appeal is hereby denied and Architecture and Site Application S -89 -58 is hereby denied. 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 16th day of January, 1990 by the following vote. COUNCIL MEMBERS: AYES: Eric D. Carlson, Brent N. Ventura Mayor Thomas J. Ferrito NAYES: Joanne Benjamin, Robert L. Hamilton ABSENT: None SIGNED: ATTEST: CLERK OF THE TOWN OF GATOS LOS GATOS, CALIFORNIA Pa ATOS