1993-078-Deny An Appeal Of A Request To Remove A Protected Tree On Property In The R-1:8,000 ZoneRESOLUTION 1993 -78
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS
GATOS GRANTING AN APPEAL OF THE PLANNING COMMISSION
DECISION TO DENY AN APPEAL OF A REQUEST TO REMOVE A
PROTECTED TREE ON PROPERTY IN THE R- 1:8,000 ZONE
(PROPERTY LOCATED AT 16997 FRANK AVENUE /APPELLANT,
PATRICIA DELUCA /PROPERTY OWNER, TRANSAMERICA
FINANCIAL SERVICES)
WHEREAS:
A. The applicant /appellant, Patricia DeLuca, requested a tree removal permit
for a protected Ponderosa Pine with a trunk circumference of one hundred and five inches
(105 ") at 16997 Frank Avenue;
B. The Planning Director denied the tree removal permit because the tree is in
good health and none of the standards of Chapter 29, Division 2, were determined to be
applicable;
C. The applicant filed an appeal to the Planning Commission which denied the
appeal on August 26, 1992;
D. The applicant appealed to Town Council;
E. On October 19, 1992, Council considered the appeal, but held the decision
on this appeal for the newly seated Council members to re- examine the appeal; and
F. The Town Council held a public hearing on May 17, 1993.
RESOLVED:
A. The Town Council hereby finds that the Planning Commissioned erred in its
denial of the tree removal permit based upon the following findings:
1. The distance of the tree to the residence is seven feet, three inches. Due to
the proximity of the tree to the residence, several large branches directly overhang the
residence which creates a potential hazard from falling limbs. In addition, the roots from
the tree may, over time, cause damage to the foundation of the residence.
2. The removal of this tree would neither severely impact the established
standard of the area nor impact property values since there are numerous mature trees in
the vicinity.
B. The application is approved with the following condition:
TO THE SATISFACTION OF THE DIRECTOR OF PARKS, FORESTRY &
MAINTENANCE:
1. Submit a landscaping plan that meets with Parks, Forestry & Maintenance
approval including replacement trees.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 7th day of June, 1993 by the following vote.
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Linda Lubeck,
NAYS:
ABSENT:
ABSTAIN:
Patrick O'Laughlin and Mayor Joanne Benjamin.
SIGNED:
kOS OR OF TH
TO OF LOS GATOS
GA TOS, CALIFO NIA
ATTEST:
CLERK OF THE TOWN LOS GATOS
LOS GATOS, CALIFORNIA