PC Resolution-04-06-22-04PC RESOLUTION NO. 04-06-22-4
TREE REMOVAL PERMIT (TRP) 04-073
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 ONE
TREE, AND DENYING REMOVAL PERMITS FOR TWO OTHER TREES,
LOCATED AT 31972 CAMINO CAPISTRANO (APN 668-242-14).
Whereas, Washington Mutual Bank is requesting approval to remove one red
gum eucalyptus tree with a diameter of 49 inches and a height of approximately 70 feet,
and two Torrey pines that have trunk diameters of 29 and 31 inches respectively, and
approximate heights of 50 and 60 feet. The subject tree is located at 31972 Camino
Capistrano. The property is generally located at the corner Del Obispo and Camino
Capistrano. The property is zoned General Commercial (GC); 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 l(h) categorical exemption and caused a Notice of Exemption to be posted
pursuant to Section 15062 of the CEQA Guidelines. b
Whereas, the Planning Commission has considered the Environmental
Review Board's determination pursuant to Section 15074 of the California Environmental
Quality Act (CEQA); and,
Whereas, the Planning Commission conducted a duly noticed public meeting
on June 22, 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. With respect to the Tree Removal Permit request to remove two Torrey pines, the
Planning Commission finds that this request does not meet any of the criteria
contained in Section 9-2.349(c); therefore the Planning Commission denies said
request to remove two Torrey Pines.
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2. With respect to the Tree Removal Permit request to remove one red gum
eucalyptus, the Planning Commission finds that this request meets the following
criteria contained in Section 9-2.349(c); therefore the Planning Commission
approves said request to remove one red gum eucalyptus, subject to the conditions
and requirements set forth in this resolution.
PC Resolution 04-06-22-4 2 June 22,2004
a. The condition of existing tree(s) with respect to disease, general health, and
their ability to be preserved;
b. Possible future hazards to traffic, pedestrians, general public, or property if
the tree(s) is preserved;
c. The health of the tree and the likely remaining life of the tree, if preserved.
The proposed removal of the red gum eucalyptus tree complies with all applicable
provisions of the Land Use Code subject to the condition of approval contained in
this resolution, because the tree has been determined by an independent arborist to
be have excessive dieback and poor health, 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.
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 removal of the red gum eucalyptus only, subject to
the following conditions of approval:
L Conditions of Approval
1. The applicant shall replace the red gum eucalyptus, with a tree not smaller
than 48" box and 4" diameter at breast height (D5H) of the same variety or
one more suited to the planting area, as approved by the Planning
Commission, except as otherwise determined by a Certified Arborist to be
detrimental to the Torrey pine trees.
2. The applicant shall contact the Planning Department for a final inspection
after the tree has been removed and the replacement tree has been planted.
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 I of Title 9, Land Use Code. The fifteen
(I 5) day appeal period shall expire at 500 p.m. Wednesday July 16,2004. This approval
shall expire on December 22,2004, if the tree has not been removed and the replacement
tree has not been planted by that date. Failure to comply with the conditions of this permit
constitutes a violation of Section 9-2.349 of the San Juan Capistrano Municipal Code.
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PC Resolution 04-06-22-4 83 June 22,2004
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PASSED, APPROVED AND ADOPTED this 22nd day of June, 2004, by
the following vote, to wit:
AYES: Commissioners Cardoza, Cohen, Ratcliffe and Chairman Neely.
NOES: None
ABSTAIN: None
ABSENT: None
(C:\MyFtles\Current Planning\TRP\TRP04-73 Washington Mutual\TRP 04-73 PCreso22June04.wpd)
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