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PC Resolution-04-06-22-05PC RESOLUTION NO. 04-06-22-5 TREE REMOVAL PERMIT (TRP) 04-072 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 31472 LA MATANZA. Whereas, Mr. Joe Mankawich is requesting approval to remove a Coast Live Oak tree, with a diameter of approximately 24 inches located between a single family dwelling and a detached garage. The subject tree is located at 31472 La Matanza. The property is General Plan designated Medium High Density (MHD); 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. Whereas, the Planning Commission has considered the Environmental Review Board's determination pursuant to Section 15074 of the California Environmental Quality Act (CEQA); and, L 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, THEREFOREy BE IT RESOLVED, that the Planning Commission of the City of San Juan Capistrano does hereby find that 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 has been determined by an arborist and soils consultant to be causing damage to a detached garage as well as decaying, and the tree cannot 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, THEREFOREy 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: PC Resolution 04-06-22-5 2 June 22,2004 L Conditions of Amroval I. The applicant shall replace the Coast Live Oak tree, with a tree of a variety more suited to the planting area and species, as approved by the Planning Director. 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 & EXPIRATION DATE: This project approval shall become effective following expiration of the fifteen (15) day appeal period without filing of an appeal application pursuant to Section 9-2.31 I of Title 9, Land Use Code. The fifteen (15) 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. PASSED, APPROVED AND ADOPTED this 22nd day of June, 2004, by the following vote, to wit: AYES: Commissioner Cardoza, Cohen, Ratcliffe and Chairman Neely L NOES: None ABSENT: None ABSTAIN: None Molly B&, S&retary (P:\PlanningWrchive\TREE REMOVAL PERMITS\TRP04-72 Mankawich\TRP 04-72 PCreso22June04.wpd)