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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: c2-,� - -- SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA CT ,ERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA