2013-053 - Deny Tree Appeal 36 Peralta AveRESOLUTION 2013 -053
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
DENYING THE APPEAL OF A PLANNING COMMISSION DECISION DENYING THE
APPEAL OF THE COMMUNITY DEVELOPMENT DIRECTOR'S DECISION DENYING
APPROVAL OF A TREE REMOVAL PERMIT ON PROPERTY ZONED R -1:8
APN: 510 -42 -034
TREE REMOVAL PERMIT APPLICATION: T13 -070
PROPERTY LOCATION: 36 PERALTA AVENUE
PROPERTY OWNER: JACK AND MARNI BALLETTO
APPLICANT /APPELLANT: JACK AND MARNI BALLETTO
WHEREAS, this matter came before the Town Council for public hearing on December 2,
2013, and was regularly noticed in conformance with State and Town law; and
WHEREAS, the applicant seeks approval of an appeal of the Planning Commission's
decision denying an appeal of the Community Development Director's decision denying a tree
removal permit on property zoned R -1:8; and
WHEREAS, on August 28, 2013, the Planning Commission considered the appeal of the
decision of the Community Development Director denying a tree removal permit on property zoned
R -1:8. The Commission denied the appeal; and
WHEREAS, the appellant filed an appeal of the Planning Commission action on September
9, 2013, during the 10 -day appeal period; and
WHEREAS, Town Council received testimony and documentary evidence from the
applicant and all interested persons who wished to testify or submit documents. Town 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 20,
2013, along with any and all subsequent reports and materials prepared concerning this application;
and
WHEREAS, Council finds as follows:
1. Pursuant to Town Code Section 29.10.0990, the evidence and justification
provided are not sufficient to support removal of a tree of this size and condition. This finding is based
on the evidence presented in the Council Agenda Report dated November 20, 2013, and the testimony
and documentary evidence received from the applicant.
NOW, THEREFORE, BE IT RESOLVED THAT the appeal of a Planning Commission
decision appealing the Community Development Director's decision denying tree removal permit
T13 -070 is denied.
NOW, THEREFORE, BE IT RESOLVED, AND IT IS HEREBY RESOLVED, that 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, held on the 2 "d day of December 2013, by the following vote.
COUNCIL MEMBERS:
AYES: Marcia Jensen, Diane McNutt, Joe Pirzynski, Barbara Spector and Mayor Steven Leonardis
NAYS:
ABSENT:
ABSTAIN:
ATTEST:
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SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CT
,ERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA