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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. // // 2 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 ~~ SIGNED: AYOR E TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST -~ CLEItl~ OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA 3