2002-189- Denying Appeal Of A Decision Of The Planning Commission Denying A Tree Removal Permit On Property Zoned R 1d LhpRESOLUTION 2002 -189
RESOLUTION DENYING APPEAL OF A DECISION OF THE
PLANNING COMMISSION DENYING A TREE REMOVAL PERMIT ON
PROPERTY ZONED R-1D-LHP.
TREE REMOVAL PERMIT APPLICATION: T-02-199.
PROPERTY LOCATION: 131 WILDER AVENUE.
PROPERTY OWNER/APPELLANT: GARY ZELASKO
WHEREAS:
A. This matter came before Council for public hearing on December 2, 2002, on an
appeal by Gary Zelasko (property owner/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 the appellant 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 packet
of material contained in the Council Agenda Report dated November 19, 2002 and December 2,
2002, along with subsequent reports and materials prepared concerning this application.
C. September 2002, the appellant applied for a tree removal permit for the removal of
one Deodar Cedar, approximately ±58" in diameter. 'The tree removal request is not associated with
any proposed construction on the property. The removal was denied by the Director of Community
Development who determined that the tree was healthy and that pruning and thinning to reduce end
weights would adequately address the property owner's safety concerns. That decision was then
.appealed to the Planning Commission, which considered the matter on October 23, 2002. The
Commission denied the appeal for the same reasons cited by the Director of Community
Development. Although there was some conflict among and about the various opinions of arborists
concerning the application, the Commission, after weighing the evidence, concluded that application
did not meet the standards for granting a permit found in Town Code § 29..10:0990.
D. Appellant claims that the Planning Commission erred or abused its discretion and
erroneously failed to consider the report of the Town's Consulting Arborist.
E. Council finds that the :decision of the Planning Commission was correct.
RESOLVED.:
The appeal of the decision of the Planning Commission on Tree Removal Permit
Application T-02-199 is denied.
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 the procedures established by Code of Civil Procedure section 1094.6, or .such
shorter time as required by State and Federal law.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, on the 16`h day of December, 2002 by the following vote.
COUNCII. MEMBERS:
AYES: Steve Glickman, Diane McNutt, Joe Pirzynski, Mike Wasserman,
Mayor Sandy Decker
NAYS: None
ABSENT: None
ABSTAIN: None
~C.J~,~'c'r~cc--.------~
SIGNED.:
MAY OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
.- C ____.._ ~i~ _ ~ ~j
CLERK OF THE TCSWN OF LOS GATOS
LOS GATOS, CALI%FOR?~?IA