2001-120- Granting An Appeal Of A Decision Of The Planning Commission Approving A Tree Removal Permit On Property Zoned R-1:8RESOLUTION 2001- .120
RESOLUTION GRANTING AN APPEAL OF A DECISION OF
THE PLANNING CO1VIlVIISSION APPROVING A TREE REMOVAL
PERMIT ON PROPERTY ZONED R-1:$
TREE REMOVAL PERMIT: T-O1-007
PROPERTI' LOCATION: 59 ELLENWOOD AVENUE
PROPERTY OWNER /APPELLANTS: BOB AND JEANNE MOORS
WHEREAS:
A. This. matter came before Council for public hearing on October 15, 2001, on an appeal by
Bob and JeannelVloore (appellants) from a decision of the Planning Commission and was regularly noticed
in conformance with State and Town law.
B. Council receivedtestimony 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 pacl~et of material
contained in the Council Agenda Report dated October 3,.2001., and the Addendum dated October 1 1, 2001
along with subsequent reports and materials prepared concerning this application.
C. The. appellants applied for the removal of two Eucalyptus trees both of which are f 60" in
diameter. The application for the.removal was denied because the Town Arborist determined that the trees
were healthy andrecommended trimming to reduce the end weight of the limbs. On February 8, 2001, the
applicant appealed the Community Development Director's decision to deny the tree removal permit. The
tree removal request is not associated with any proposed construction on the property. The Planning
Commission considered and denied this item on June 27, 2D01 based on the conclusion that this is a policy
issue and they could not make the necessary findings to grant the appeal.
D. The appellants are appealing the Planning Commission decision because they believe that
the Commission erred or abused its discretion when reviewing the safety, fire and other concerns created
by the trees.
E. The Town Council finds pursuantto Town Code section 29.20.300, that new information was
presented to the Council that was not readily available at the time of the Planning Commission review in
that the appellants submitted the report of an independent arborist that confirms the decline of the trees and
addresses the safety and fire issues created by the condition of the trees. While a reversal based on such new
information generally requires a remand to the Planning Commission, Council concludes that a remand is
not appropriate in this situation in light of the lengthy process that has already occurred with regard to this
application and the fact that tlils appeal concerns a permit to remove t ~ v trees, which would not require
significant .additional .review by the Commission.
RESOLVED:
1. The appeal of the decision of the Planning Commission on Tree Removal Permit T-Ol -0071
is therefore granted. Staff shall work with the applicant to determine what if any mitigation is appropriate.
2. The decision constitutes a final administrative decision pursuant to Code of Civil Procedure
section 1094.6 as adopted by Section 1.10.0$5 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 Stn 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 ~i
® ,
.ABSTAIN: None
SIGNED.:
AYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST O
CLERK Off' THE'TOWN OF L ATO
LOS GATOS, CALIFORNIA
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