1995-134-Denying An Application To Remove One Cedar Tree On Property In The R-1:8000 Zone Tree Removal Permit T-95-89RESOLUTION 1995 - 134
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
DENYING APPEAL OF PLANNING COMMISSION DECISION TO DENY AN APPEAL
OF A DECISION OF THE PLANNING DIRECTOR DENYING AN APPLICATION TO
REMOVE ONE CEDAR TREE ON PROPERTY IN THE R- 1:8000 ZONE
TREE REMOVAL PERMIT T- 95 -89.
PROPERTY LOCATED AT 220 LOMA ALTA AVENUE.
PROPERTY OWNERS: BRUCE AND DONNA CRAIG.
WHEREAS:
A. This matter came before the Council for public hearing on September 5, 1995,
on 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 Council received testimony and documentary evidence from the property
owners 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 and documents attached to the Council Agenda
Reports dated August 24, 1995, concerning this application, and the material submitted by the
property owners.
C. Town of Los Gatos Town Code § 29.20.300 requires that any decision to
reverse or modify a decision of the Planning Commission requires the vote of at least three
Councilmembers.
D. On an individual basis, the Council has visited the site and the Loma Alta
neighborhood.
E. There are many similarly large trees in front yards, sideyards, and backyards in
the neighborhood and near houses, and many that also drop seeds, leaves, or needles, have
various insects, and may also have the potential to be hazardous.
F. The tree at issue is a healthy, mature tree, and the property owners recently
1
purchased the property with the tree.
G. The Town's tree protection ordinances seem to work well and there are few
appeals. There do not seem to exist grounds for approving removal of this cedar tree under
the Town Code.
RESOLVED:
1. The appeal of the decision of the Planning Commission on the application for a tree
removal permit T -95 -89 is therefore denied.
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.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the 18th day of September, 1995 by the following vote.
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Linda Lubeck,
Mayor Patrick O'Laughlin.
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
7