1993-120-Deny An Application To Remove A Protected TreeRESOLUTION 1993 -120
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF LOS GATOS GRANTING AN APPEAL OF THE PLANNING
COMMISSION DECISION TO DENY AN APPLICATION TO
REMOVE A PROTECTED TREE,
ARCHITECTURE AND SITE APPLICATION 5 -93 -6
(PROPERTY LOCATED AT 15681 CAMINO DEL CERRO/
APPLICANTS TOM AND JOAN LAMANT, RON FARIA)
WHEREAS:
1. This matter came before the Town Council of the Town of Los Gatos for
public hearing on appeal by applicants Tom Lamont, Joan Lamont and Ron Faria from a
decision of the Planning Commission. This application and appeal is brought pursuant to
Town of Los Gatos Code section 29.30.305, and seeks authorization to remove a protected
tree from the subject property.
2. The public hearing was duly noticed in conformance with state law.
3. At the hearing, the Town Council received testimony from the following
persons: Tom Lamont, Joan Lamant and James Crane.
4. In addition, the Council received the record presented to the Planning
Commission, the Planning Commission's minutes, and additional documentary evidence
submitted by the applicants.
5. The Council considered all the testimony and evidence described above in
reaching its decision herein.
6. Common sense indicates that this tree should be removed. It is located in
the middle of the lot and would compel the property owners to design or create an unusual
house to accommodate it: a house that would not be compatible with the neighborhood,
nor would the appearance of the property, if that occurred.
7. The applicant has agreed to plant five 24 -inch box, Town- listed trees on the
subject lot in order to mitigate removal, and to donate three additional redwood trees to
the Town in memory of Mr. and Mrs. Faria.
8. It appears that the Planning Commission erred in denying the application to
remove the tree.
RESOLVED:
A. The appeal of the Planning Commission decision to deny the removal of a
protected tree at the subject property is hereby granted on the condition that the applicant
plant at least five 24- inch -box Town approved trees on the subject lot before issuance of
a certificate of occupancy for any structure on the property.
B. 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 from 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 2nd day of August, 1993 by the following vote.
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steve Blanton, Linda Lubeck
NAYS: None
ABSENT: Patrick O'Laughlin
ABSTAIN: None
SIGNED: 4 ate/
}aMA' OR OF THE TO N OF LOS GATOS
EOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATNY014 \CNCLR.x rs \FARIA.RFS