PC Resolution-07-05-22-03PC RESOLUTION NO. 07-5-22-3
AN ACTION OF THE PLANNING COMMISSION OF THE CITY OF SAN
JUAN CAPISTRANO DENYING A TREE REMOVAL PERMIT FOR ONE
EUCALYPTUS (RED IRONBARK) TREE WITH A DIAMETER OF THIRTY
(30) INCHES LOCATED AT 32118 PASEO ADELANTO (APN 668-082-
02)(SYCAMORE PLAZA).
Whereas, Sycamore Plaza is requesting approval to remove one (1)
Eucalyptus (Red Ironbark) tree with a diameter of thirty (30) inches. The subject tree
is located at the rear of the property in a planter area and adjacent to a driveway,
generally located 700 feet south of Del Obispo at 32118 Paseo Adelanto. The
subject property has a General Plan Designation of Quasi Industrial (QI) and is
zoned Commercial Manufacturing (CM); and,
Whereas, the proposed project has been processed pursuant to
Section 9-2.301, Development Review of the Land Use Code; and,
Whereas, the Planning Commission's action is not subject to the
California Environmental Quality Act (CEQA) because projects that are rejected or
disapproved are exempt from CEQA pursuant to Public Resources Code,
§21080(b)(5)); and,
Whereas, on May 22, 2007, 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; and,
Whereas, Land Use Code Section 9-2.349(c)) requires the Planning
Commission to consider the ten factors/criteria in order to approve or deny a tree
removal application, and the Planning Commission has determined that the following
finding cannot be made, as explained below:
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission
of the City of San Juan Capistrano does hereby make the following findings:
Foundation, slab, wall or other property damage, or excessive
nuisance problems caused by an existing tree.
Finding: The proposed removal is not warranted at this time
because the repair of the broken curb is a minimal item that could
be filled by the property owner and is not considered an excessive
nuisance problem.
PC Resolution 07-5-22-3
22. 2007
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission
finds the proposed tree removal is not warranted at this time, based on the ten
factors/criteria as outlined in the Land Use Code.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby denies Tree Removal Permit
07-64 based upon the findings set forth herein.
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, June 6, 2007.
PASSED, APPROVED AND ADOPTED this 22nd day of May, 2007, by
the following vote, to wit: e
AYES: Chairman Cardoza, Commissioner Cohen
NOES: Commissioner Neely
ABSTAIN: None
ABSENT: Commissioner Ratcliffe
Robert Card a, Chairman
Steven Apple, AIC inning Director,
Secretary
P:\Planning\Projects\TREE REMOVAL PERMITS\Trp07-64-Sycamore Plaza\TRP 07-64 PC reso 22May07 revsd denial.doc