PC Resolution-04-04-27-01PC RESOLUTION NO. 04-04-27-01
TREE REMOVAL PERMIT (TRP) 04412
AN ACTION OF THE PLANNING COMMISSION OF THE CITY OF SAN
JUAN CAPISTRANO CONFIRMING ISSUANCE OF A CATEGORICAL
EXEMPTION AND APPROVING A TREE REMOVAL PERMIT FOR A
TREE LOCATED AT 32742 ALIPAZ STREET, SPACE #I 35 (RANCHO DEL
AVION MOBILE HOME PARK).
Whereas, Ms. Nadene Kley is requesting approval to remove a large Silk
Floss tree, with a diameter of approximately 28 inches at the rear of Space #135. The
subject tree is located at 32742 Alipaz, space 135, within the Rancho Del Avion Mobil
Home Park (MHP) Residential District and General Plan designated as (2.4 Medium High
Density; and,
Whereas, the proposed project has been processed pursuant to Section 9-
2.301, Development Review of the Land Use Code; and,
Whereas, the Environmental Administrator has reviewed the project
pursuant to Section 15061 of the California Environmental Quality Act (CEQA) and issued
a Class 1 h categorical exemption and caused a Notice of Exemption to be posted pursuant
to Section 15062 of the CEQA Guidelines. -
Whereas, the Planning Commission has considered the Environmental
Review Board's determination pursuant to Section 1 5074 of the California Environmental
Quality Act (CEQA); and,
Whereas, the Planning Commission conducted a duly noticed public meeting
on April 27, 2004 pursuant to Section 9-2.313 of the Municipal Code to consider public
testimony on the proposed project.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of
the City of San Juan Capistrano does hereby make the following findings:
1. The proposed project complies with all applicable provisions of the Land Use Code
subject to the condition of approval contained in this resolution, because the tree
pas been determined by independent arborist to be causing damage to a fence and
a dwelling unit, and the tree can not be trimmed or altered to alleviate damage
without being rendered unstable, and because a replacement tree will be required
so as to maintain the overall tree canopy of the area.
PC Resolution 04-04-27-01 2 April 27,2004
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby confirm issuance of a
categorical exemption and approves the project subject to the following conditions of
approval :
Conditions of Approval
I 1. The applicant shall replace the Silk Floss tree, within three to four months
after its removal date, with a tree of a variety more suited to the planting area
and species, as approved by the Planning Director.
EFFECTIVE DATE & FINAL APPROVAL: This project approval shall
become effective following expiration of the fifteen (1 5) day appeal period without filing of
an appeal application pursuant to Section 9-2.31 1 of Title 9, Land Use Code. The fifteen
(15) day appeal period shall expire at 500 p.m. Wednesday May 12, 2004.
PASSED, APPROVED AND ADOPTED this 27th day of April, 2004, by the
following vote, to wit:
AYES: Commissioner Cardoza, Cohen, and Ratcliffe
NOES: None
ABSTAIN: Chairman Neely
ABSENT: None
Molly Bogh($ecref&y
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