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)