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1998-067-Denying A Tree Removal Permit As Part Of A Minor Residential Development Application For The Construction Of A New 241.5 SQ FT. Accessory Storage Building With Reduced Setbacks Property Project ApplicationRESOLUTION 1998 - 67 RESOLUTION GRANTING AN APPEAL OF A PLANNING COMMISSION DECISION UPHOLDING THE PLANNING DIRECTOR'S DECISION DENYING A TREE REMOVAL PERMIT AS PART OF A MINOR RESIDENTIAL DEVELOPMENT APPLICATION FOR THE CONSTRUCTION OF A NEW 241.5 SQ. FT. ACCESSORY STORAGE BUILDING WITH REDUCED SETBACKS PROPERTY PROJECT APPLICATION: PRJ -98 -011 TREE REMOVAL PERMIT T -98 -032 PROPERTY LOCATION: 175 PROSPECT AVENUE PROPERTY OWNER/APPELLANT: ALLEN AND LENA HENDERSON. WHEREAS: A. This matter came before the Council for public hearing on May 4, 1998, an appeal by the property owners from a decision of the Planning Commission and was regularly noticed in conformance with State and Town law. B. The appellant's filed Project application PRJ -98 -01 I to construct an 873 square foot single -story additional and a 241.5 square foot attached accessory building on a 37,260 square foot lot zoned (R- 1:20). C. On March 25, 1998 the Planning Commission reviewed the application and approved the detached accessory building, but upheld the Planning Director's decision to deny the removal of one 22" oak tree proposed to be removed as part of a single -story addition. D. The Council received testimony and documentary evidence from the appellant and all interested persons who wished to testify or submit documents. The 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 April 22, 1998 and the addendum dated April 30, 1998, concerning this application. E. Pursuant to subsection (b)(3) of §29.20.300 of the Town Code of the Town of Los Gatos, the Council finds the request for a tree removal permit raised issues under the Town's Tree Protection ordinances [Town Code §29.10.0950, et sg_q] that the Planning Commission did not have the discretion to modify or address because the tree is healthy and its removal is not necessary in order to put the property to a reasonable use. F. As required by Section 29.10.0990 of the Town Code of the Town of Los Gatos, the Council has given consideration to the following standards and finds: 1. The proposed single -story addition is appropriately designed and located on the lot but would nevertheless affect the tree's drip lines ultimately undermining the tree's health. 2. The topography of the land is immaterial, and the removal of the tree will have no effect on erosion, soil retention and diversion or increased flow of surface waters. 3. There are substantial numbers of trees in the neighborhood and on the subject property constituting an urban forest, and the removal of the subject tree will not affect the established standard of the area or the property values. 4. The number of trees on this particular parcel can support the addition of one additional minimum sized 48" box oak tree, and the removed tree will not be missed. RESOLVED: 1. The appeal of the decision of the Planning Commission on Project PRJ -98 -011 is therefore granted and approved subject to the conditions stated herein and attached as Exhibit A hereto. 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 2 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 18th day of May, 1998 by the following vote. COUNCIL MEMBERS: AYES: Randy Attaway, Steven Blanton, Jan Hutchins, Mayor Linda Lubeck. NAYS: None ABSENT: Joanne Benjamin ABSTAIN: None SIGNED TTEST: CLERK OF THE TOWN OF L09 ATOS LOS GATOS, CALIFORNIA MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA 3 I WA CONDITIONS OF APPROVAL FOR 175 Prospect Avenue a. Project Application PRJ -98 -011 b. Tree Removal Permit T -98 -032 Appeal of the decision of the Planning Director denying a tree removal permits part of a Minor Residential Development application for the construction of a new 241.5 sq. ft. accessory storage building with reduced setbacks. Property Owner /Appellant: Allen and Lena Henderson. TO THE SATISFACTION OF THE PLANNING DIRECTOR: EXPIRATION. This approval will expire on May 18, 2000, which is two years from the approval date pursuant to section 29.20.320 of the Town Code. 2. CONDITIONS. The conditions of approval shall be printed on the cover sheet of the plans submitted for building permits. MATERIALS. Note on building permits that materials for the residential addition shall be consistent with those existing. TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS: 4. EXISTING TREES. All existing trees and newly planted trees shown on the plan are specific subjects of approval of this plan and must remain on site. NEW TREES. All newly planted trees are required to be double staked to Town standards. One new minimum size 48" box oak tree is required to be planted as a mitigation measure. TREE CARE. Existing trees shall be protected prior to and during construction by measures subject to approval by the Parks and Public Works Department. Additionally, existing trees should be put on a maintenance program, and recommendations by the arborist should be followed to preserve these trees.