1994-095-Deny The Removal Of A Protected Tree Located In The R-1D ZoneRESOLUTION 1994 - 95
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
GRANTING APPEAL OF PLANNING COMMISSION DECISION TO DENY
APPEAL OF DECISION OF THE TOWN PLANNING DIRECTOR TO DENY
THE REMOVAL OF A PROTECTED TREE LOCATED IN THE
R -11) ZONE, ARCHITECTURAL & SITE APPLICATION S -93 -34
(PROPERTY ADDRESS; 1 MASSOL COURT/
APPLICANTS; PETER AND CATHY CIFELLI)
WHEREAS:
A. This matter came before the Council on appeal by the applicants from a
decision of the Planning Commission and was regularly noticed in conformance with State
and Town law.
B. The applicants have reduced their original request for authorization to remove
trees on the Property from 2 trees to one Cypress.
C. The Planning Commission erred in that:
i. The Cypress tree has a poor appearance, has been badly topped, and has
sparse foliage.
ii. The Cypress tree seems to be the home of a great number of insects.
iii. The Property contains many trees and the removal of the Cypress tree will
not adversely affect the established standard of forestation in the neighborhood so
long as the conditions set forth below are complied with.
iv. The applicants are willing to replace the mature tree with at least two (2)
24- inch -box trees on the Property and one more such tree on either the Property or,
by donation, a Town park.
RESOLVED:
1. The appeal of the decision of the Planning Commission on Architectural and
Site Application S -93 -34 is granted as to the one Cypress tree identified in the applicants'
letter to the Town dated March 31, 1994, and received by the Town on April 4, 1994,
subject to the following conditions:
SUBJECT TO THE APPROVAL OF THE TOWN ARBORIST:
A. Applicants shall plant three (3) 24- inch -box trees on the Property within sixty
(60) days of removal of the Cypress tree. These replacement trees shall
consist of three (3) Sequoia Sempervirens or two (2) Sequoias and one (1)
Oak. The species of oak and location shall be subject to the pre- approval of
the Town Arborist.
B. If Applicants decide and the Town Arborist agrees that planting of just two
(2) of the replacement trees on the Property would be sufficient, one of the
replacement trees may be donated for planting by the Town in a Town park
or right -of -way.
2. This decision does not and shall not establish or constitute any precedent for
permitting the removal of a protected tree, and the Town shall continue to consider each
such request on a specific arboreal basis under the Town Code and policies.
This 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 or federal law.
E
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 27th day of June, 1994 by the following vote.
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin
Mayor Randy Attaway
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR THE TOWN LOS GATOS
LOS GATOS, CALIFOR
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
3