1990-116-Denying A Request To Remove A Protected Tree On Property In The R-10,000 ZoneRESOLUTION 1990 - 116
RESOLUTION GRANTING APPEAL OF PLANNING COMMISSION DECISION
TO DENY AN APPEAL OF A DECISION OF THE PLANNING DIRECTOR
IN DENYING A REQUEST TO REMOVE A PROTECTED TREE ON
PROPERTY IN THE R- 1:10,000 ZONE
(573 MORE AVENUE - ANNE SEIP)
WHEREAS:
1. Anne Seip has appealed a decision of the Planning
Commission as follows: denial of an appeal of a decision of the
Planning Director in denying a request to remove a protected tree
on property in the R- 1:10,000 zone on property located at 573 More
Avenue, owned by Anne Seip (Architecture and Site Application S-
90-15); and
2. A public hearing was scheduled before the Town Council for
April 16, 1990 and continued to and held on May 21, 1990.
BE IT RESOLVED:
1. The Town Council hereby finds that the Planning Commission
erred in not considering the number of trees existing in the
neighborhood or on the property together with the possibility of
replacement trees that could be planted on a 3:1 ratio to maintain
the aesthetic value of the property in keeping with the purposes
of the Town Tree Protection Ordinance.
2. The Town Council hereby further finds pursuant to Town
Zoning ordinance Section 3.20.070(3) the application meets the
standards for removal in that the number of trees existing in the
neighborhood or improved property together with replacement trees
would not have a deleterious effect on the established standard of
the area and the property values.
3. Based on the foregoing, the Town Council hereby grants
Architecture and Site Application S -90 -15 permitting removal of the
subject tree on the following condition: that three (3)
replacement trees be planted of a species and size to the
satisfaction of the Director of Parks, Forestry and Maintenance
Services.
Pursuant to Los Gatos Town Code Section 1 -15, the time for
seeking judicial review for the Town Council decision is governed
by California Code of Civil Procedure Section 1094.6.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Los Gatos, California, held on the 4th day of June,
1990 by the following vote.
COUNCIL MEMBERS:
AYES: Eric D. Carlson, Robert L. Hamilton
Mayor Thomas J. Ferrito
NAYS: Brent N. Ventura
ABSENT: Joanne Benjamin
ABSTAIN: NONE
SIGNED:
N OF LOS GATOS
IFORNIA
ATTEST:
CLERK OF THE TOWN OF LJ GATOS
LOS GATOS, CALIFORNIA