PC Resolution-11-06-28-01PC RESOLUTION NO. 11-06-28-01
TREE REMOVAL PERMIT (TRP) 11-034
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO DENYING A TREE REMOVAL PERMIT FOR ONE REDWOOD TREE
LOCATED AT 32222 AVENIDA LOS AMIGOS (APN 668-451-09).
Whereas, Kathy Littell has requested approval to remove one (1)
Redwood tree, with a diameter of approximately 38" and an approximate height of
seventy (70) feet located in the front yard on the south east end of the subject property.
The subject tree is located at 32222 Avenida Los Amigos. The subject property has a
General Plan Designation of General Commercial (GC), is zoned General Commercial
(GC), and currently used as a single family residence; and,
Whereas, the proposed project has been processed pursuant to Section
9-2.301, Development Review of the Land Use Code; and,
Whereas, on July 14, 2011, the Planning Commission conducted a duly
noticed public meeting pursuant to Section 9-2.339 of the Municipal Code to consider
public testimony on the proposed project.
Whereas, the Planning Commission approved a motion to deny the
project and requested staff to prepare a resolution of denial for consideration at the June
28 Planning Commission meeting; and,
Whereas, and pursuant to Section 3.06 of the City's adopted CEQA
Guidelines, CEQA does not apply to disapproved projects. Therefore, staff is not
recommending that the Planning Commission take any action on the project's
environmental determination; and,
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby makes the following
findings with respect to proposed project:
1. The proposed project, does not comply with the tree removal criteria established by
Land Use Code, Section 9-2.349(c), because the applicant's arborist report
concludes that the redwood is in generally good health with the exception of a
relatively minor pest infestation that does not represent a threat to the viability of
the tree; and,
2.. The tree is not situated within an unsuitable area and there is no evidence that the
tree's roots are damaging subsurface utilities, curbs, sidewalks, driveways or other
improvements; and,
PC Resolution 11-06-28-01 2 June 28 2011
3. The redwood tree adds value to the subject property and the character of the
neighborhood and should be preserved.
EFFECTIVE DATE & EXPIRATION DATE: This project action shall
become final and effective following expiration of the fifteen (15) day appeal period
without filing of an appeal, and the appeal period shall expire at 5:00 p.m.,
Wednesday, July 13, 2011.
PASSED, APPROVED AND ADOPTED this 28th day of June, 2011,
by the following vote, to wit:
AYES: Acting Chairperson Gene Ratcliffe and Commissioners Ginny Kerr,
Tim Neely, Jeff Parkhurst and Rob Williams.
NOES: None.
ABSTAIN: Commissioner Nunn
Gene Ratcliffq, Acting 0iairperson
Commission Secretary