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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