HomeMy WebLinkAboutCity Council Resolution 04-064RESOLUTION NO. 04-064
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SARATOGA OVERTURNING THE PLANNING COMMISSION
ACTION DENYING AN ADMINISTRATIVE ACTION DENYING
A TREE REMOVAL PERMIT FOR 18325 SWATHMORE
WHEREAS, the Ciry of Saratoga Planning Commission considered an appeal of a Staff Denial of a
Tree Removal Permit at 18325 Swathmore Drive; and
WHEREAS, the Planning Commission held a duly noticed Public Hearing at which time all
interested parties were given a full opportunity to be heard and to present evidence; and
WHEREAS, the Planning Commission had determined the following:
The proposed removal of the mature Coast Redwood is not consistent with seven of the nine
criteria set forth in Section 15-50.080 (Determination on Permit) of the Tree Regulations. Only
criteria #5 and #9 could be met in the affirmative
WHEREAS, on June 16, 2004 and August 4, 2004 following a duly noticed and conducted de novo
Public Hearing at which all interested parties were given a full opportunity to be heard and to
present evidence, the Ciry Councff considered all testimony and evidence presented including all
materials prepared by City Staff, the Ciry Arborist, the Appellant and other interested parties and
rendered its decision on the Appeal sought by Gundy Duvall for removal of a Redwood tree From
18325 Swarthmore Avenue; and
WHEREAS, California Code of Civil Procedure section 1094.6 Governs any judicial review of
this decision, and each applicant and each appellant is hereby notified that if such applicant or
appellant intends to seek judicial review, the deadline for any such court action is not later that
the 90 day following the date on which this decision became final (this decision shall become
final on the date that the Notice of the Decision is mailed to the applicant and the appellant),
and;
WHEREAS, the City Council determined that there are not feasible alternative methods of
repairing the driveway and the curb and gutter without the removal of the Redwood tree.
NOW, THEREFORE BE IT RESOLVED, that the appeal filed by Gundy Duvall is GRANTED
and the Planning Commission's action is overturned with the following conditions:
1. That a 48-inch boxed replacement tree be planted on the property and a location chosen
by the property owner following consultation with City Staff. Said tree be native tree as
identified in the City's Tree Regulations.
2. That the property owner is responsible for replacing the curb, gutter and street paving to
the satisfaction of the Public Works Director.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga
City Council held on August 3, 2004, on the following roll-call vote, to wit:
AYES: KLINE, STREIT, BOGOSIAN AND MAYOR WALTONSMITH
NOES: KING
ABSENT: NONE
ABSTAIN: NONE
rC -mac ~. Cc//~~f'-.-._~ l
Ann Waltonsmith, Mayor
ATTEST: (~~ __.--~---.____~
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Cat n Boyer, City C er
PROOF OF SERVICE
I certify and declare as follows:
1 am over the age of 18, and not a party to this action. My business address is City of Saratoga, 13777
Fndtvale Avenue, Saratoga, CA 95070, which is located in Santa Clara County where the service described below
took place.
I am familiar with the business practice at my place of business for the collection and processing of
correspondence for mailing with the United States Postal Service. Correspondence so collected and processed is
deposited with the United States Postal Service that same day in the ordinary course of business.
On August 5, 2004, the following document(s):
1. RESOLUTION #04-064 CONTAINING FINDINGS AND DECISION BY CITY
COUNCIL REGARDING THE GRANTING OF APPEAL FII,ED BY GUNDY DUVALL
TO REMOVE A REDWOOD TREE LOCATED AT 18325 SWATHMORE WHICH HAD
BEEN DENIED BY PLANNING COMMISSION.
was placed for deposit in the United States Postal Service in a sealed envelope, with postage fully paid to:
APPELLANT: GUNDY DUVALL
APPLICANT: GUNDY DUVALL
I certify and declare under penalty of perjury that the forgoing is tme and correct.
~ ~
Dated: ~ ' L
over,
City Clerk