2001-119-Granting An Appeal Of A Decision Of The Planning Commission Approving A Tree Removal Permit For 56 Pine TreesRESOLUTION 2001 -119
RESOLUTION GRANTING AN APPEAL OF A DECISION OF THE PLANNING
COMMISSION APPROVING A TREE REMOVAL PERMIT FOR 56 P1NE TREES
TREE REMOVAL PERMIT: T-Ol-?l
PROPERTY LOCATION: ].4932 DIDUCA WAY
PROPERTY OWNER: KEN ANDERSON
APPELLANTS: DIRK & JOSINE SMITS
WHEREAS:
A. This matter came before Council for public hearing on October 15, 2001, on an
appeal by Dirk and Josine Smits (appellants) 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 appellants 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 August 30, 2001 and October 10,
2001, along with subsequentreports and materials prepared concerning this application.
C. The property owner applied for the removal of 94 pine treesrangng in size from ~ 15"
to ~ 45" in diameter. The application for the removal of 38 pine trees was approved on February 7,
2001, because the Town arborist determine that the pines were either dead or dying. The removal
ofthe remaining 56 pine trees was denied because they were determined to be healthy. On February
20, 2001 the applicant appealed the Community .Development Director's decision to deny the
removal of the Sb pine trees. This application is not associated with any proposed construction on
the property, but the appellant is not precluded from filing future development. applications.
D. The Planning Commission consideredthis item on June 13, 2001. The Commission
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approved the appeal with three conditions based on the comments received from the applicant and
the Town arborist, and that Standard 1 and .Standard 3 of Town Code section 29.10.0990 were met.
E. The appellants are appealing the Planning Commission decision because they believe
that the Commission erred or .abused its discretion and that inadequate consideration was given in
the hearing to the resulting increase in storm run-off that will aggravate existing problems with creek
bed erosion flooding downstream if the trees are allowed to be removed.
F. Council finds pursuant to Town Code section 29:20.300 that new information was
submitted to the Council during the .requested hearing that was not readily available at the time of
the .Planning Commission review. That information concerned (1) the jurisdictional relationship
between the Town and the County concerning property located in the County, but subj ect to a County
ordinance mandating that the Town approve tree removal permits if the property is also located
within the area governed by the Hillside Specific Plan, and {2) that the applicant had removed 26 of
the 56 trees approved for removal by the Planning Commission, which decision was subject to this
appeal, and that the applicant was now only interested in removing an additional three trees.
Because this information would not have been material to the decision of the Commission, which
had already permitted the removal of a1156 additional trees, Council finds that this matter need not
be remanded back to the Planning Commission pursuant to Town Code section29:20.300.
RESOLVED:
1. The appeal of the decision of the Planning Commission on Tree Removal Permit T-
O 1-71 therefore granted.
2. The conditions of approval attached as Attachment 2 to the August 30, 2001 Council
Report are hereby amended as follows and are applied to this Tree Removal Permit:
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a. 29 Trees are approved for removal (26 trees removed during the pendency of the
appeal plus an additional three trees)..
b. All replacement trees to be planted prior to the removal of three additional trees.
c. 87 replacement 15-gallon live oaks trees will be planted. The number of trees
may be reducedby Town staff if staff determines that theproperty cannot support
a three to one replacement of 87 trees approved for removal.
3. 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 or federal law,
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California held on the St'' day of November, 2001 by the following vote.
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Sandy Decker, Steve Glickman,
Mayor Joe Pirzynski.
NAYS: None
ABSENT: None
ABSTAIN: None ,
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SIGNED: G ; ~~~~
MAYOR OF THB TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST
,.
CLERK OF THE TOWN OF L GATOS
LOS GATOS, CALIFORNIA
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