HomeMy WebLinkAboutCity Council Resolution 24-052, Denying 20388 Zorka Avenue AppealRESOLUTION NO: 24-052
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA DENYING
APPEAL APCC24-0002 AND APPROVING TREE REMOVAL PERMIT APPLICATION
ATFTR24-0020 LOCATED AT 20388 ZORKA AVENUE
WHEREAS, on June 5, 2024, the City received an appeal of an administrative decision
(APTR24-0005) requiring a payment to the Tree Fund for the unpermitted removal of four coast
live oak trees at 20388 Zorka Avenue (ATFTR24-0020); and
WHEREAS, on June 26, 2024, the Planning Commission held a duly noticed public
hearing at which time all interested parties were given a full opportunity to be heard and present
evidence and the Planning Commission denied the appeal (APTR24-0005) approving tree permit
ATFTR24-0020) with the original conditions of approval; and
WHEREAS, on July 11, 2024, an appeal to the City Council was filed by the property
owner; and
WHEREAS, the goal of the City is to balance the rights and privileges of property owners
for the use of their land with criteria for establishing and sustaining an urban forest, including the
establishment of basic standards and criteria for the removal and replacement of trees; and
WHEREAS, after considering the penalties and remedies for the application of an after -the -
fact tree permit set forth in Section 15-50.170, the City Council finds that the payment amount is
consistent with the code section and based on the formula for calculation of value as set forth in City
Code Article 15-50.
NOW THEREFORE, the City Council of the City of Saratoga hereby denies the appeal of
the appellant, affirms the decision of the Planning Commission of the City of Saratoga on June 26,
2024, and approves tree permit ATFTR24-0020 with the original conditions of approval and
resolves as follows:
Section 1: The recitals set forth above are true and correct and incorporated herein by
reference.
Section 2: The administrative decision is consistent with the General Plan, Open Space and
Conservation Element Policy OSC-11.4 with provides "Continue to support tree protection
programs and enforce the City's Tree Regulations to protect and enhance the City's arbor
resources." The four coast live oak trees were unlawfully removed from the property. Requiring
compliance with the City Code is a key part of protecting the arbor resources of the City as directed
by the General Plan.
Resolution No. 24-052
Page 2
Section 3: The administrative decision is consistent with the Saratoga City Code Section
15-50.150 concerning the Tree fund and Section 15-50.170 concerning Violations; penalties and
remedies. These sections provide for payments to the Tree Fund based on the value of the trees
removed as part of an after the fact tree removal permit.
Section 4: The City Council of the City of Saratoga hereby denies APCC24-0002,
approving ATRTR24-0020 with conditions of approval for the removal of four coast live oak trees,
located at 20388 Zorka Avenue.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga
City Council held on the 0 day of September 2024, by the following vote:
AYES: COUNCIL MEMBERS FITZSIMMONS, PAGE, WALIA, VICE MAYOR
AFTAB, MAYOR ZHAO
NOES: NONE
ABSENT: NONE
t `yK'1l01
NONE
Yan Zhao, Mayor
ATTEST:
Britt Avrit, MMC, City Clerk
1820114.1