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PC Resolution-06-01-24-02PC RESOLUTION NO. 06-01-24-2 TREE REMOVAL PERMIT (TRP) 04-70A A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO APPROVING A TREE REMOVAL PERMIT FOR ONE CANARY ISLAND PINE (PINUS CANARIENSIS) TREE, LOCATED AT 32101 VIA DE OLIVA (APN 668-173-08). Whereas, Joe Gaspard is requesting approval to remove one (1) Canary Island Pine (Pinus Canariensis) tree, with a diameter of twenty-two (22) inches and an approximate height of sixty-three (63) feet. The subject tree is located in the front yard of the existing single-family residence at 32101 Via De Oliva. The subject property has a General Plan Designation of Medium High Density (MHD) and is zoned RG -4,000 (residential garden); 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 determined the project to be exempt from environmental review pursuant to Section 15061 Class 1(h) of the California Environmental Quality Act (CEQA) and has prepared a Notice of Exemption; and Whereas, on January 24, 2006, 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. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano does hereby approve the project subject to the conditions of approval set forth in Exhibit A, attached hereto and incorporated herein, based on testimony presented by the applicant, the adjacent neighbor and the Homeowners Association stating they do not have an interest in preserving the tree because it has become a detriment to the applicant; and based on the following findings pursuant to the Land Use Code (Section 9-2.349(c)): There will be no adverse visual impacts from tree removal upon surrounding properties and streets through decrease in visual buffering which would result from a proposed tree removal, because testimony provided by the applicant, adjacent property owners, and the Homeowners Association indicated that the tree is considered to be a detriment and a liability to the neighborhood. The tree is not serving as a visual buffer, and the height and mass of the tree canopy is not in scale with surrounding development. PC Resolution 06-01-24-2 2 January 24, 2006 2. The City has no interest in the protection and conservation of this tree because the location of this tree is on a local residential street and its removal will have a minimal impact to the general public health, safety and welfare. Therefore, it is not in the best public interest to compel the applicant to keep a tree which he has determined to be detrimental to his property. 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, February 8, 2006. PASSED, APPROVED AND ADOPTED this 24th day of January, 2006, by the following vote, to wit: AYES: Commissioners Drey and Ratcliffe, Vice Chairman Cardoza, and Chairman Neely NOES: None ABSTAIN: None ABSENT: Commissioner Cohen Tim Otr6y, Cha'rma r(') Mollyh, Pi1nning Director, Secretary P:\Planning\Archive\TREE REMOVAL PERMITS\TRP04-70A Gaspard\TRP 04-70A-PCreso24Jan06.doc RESOLUTION #: 06-01-24-2 Exhibit A CONDITIONS OF APPROVAL Project #: TRP 04-70A Project Name: Joe Gaspard APPROVAL DATE: January 24, 2006 EFFECTIVE DATE: January 24, 2006 EXPIRATION DATE: June 24, 2006 These conditions of approval apply to Tree Removal Permit # 04-70A, an application to remove one (1) Canary Island Pine (Pinus Canariensis) tree, with a diameter of twenty- two (22) inches and an approximate height of sixty-three (63) feet. The subject tree 'is located in the front yard of the existing single-family residence, generally located 150 feet southwest of Via De Gavilan and 20 feet west of Via De Oliva at 32101 Via De Oliva. The property is commonly referred to as Assessor Parcel Number 668-173-08, which has a General Plan Designation of Medium High Density (MHD) and is zoned RG -4,000 (residential garden). For the purpose of these conditions, the term "applicant" shall also mean the developer, the owner or any successor(s) in interest to the terms of this approval. General Conditions: TRP 04-70A is granted to remove one (1) Canary Island Pine (Pinus Canariensis) tree, with a diameter of twenty-two (22) inches and replacement with one (1), minimum (15) gallon size tree. This approval is granted based on the application materials submitted by Joe Gaspard on July 29, 2004. The proposed tree removal is approved as submitted and conditioned herein, and shall not be further altered unless reviewed and approved by the affected city departments. Minor modifications to this approval which are determined by the Planning Director to be in substantial conformance with the approved tree removal, may be approved by the Planning Director upon submittal of an application and the required fee. If not appealed, this approval shall become effective on the first business day following the fifteenth (15th) day after the date of the Planning Commission's approval and shall expire June 24, 2006 (6) months after the effective date of the approval unless the tree removal has taken place and all conditions of approval have been met, or a time extension has been granted by the City. Any application for an extension of time shall be submitted to the Planning Department, along with the required fee, at least ninety (90) days prior to the expiration date of this approval, except as otherwise approved by the Planning Director. - Planning Commission Resolution 06-01-24-2 Final Conditions of Approval TRP 04-70A January 24, 2006 Page 2 of 2 2. Approval of this application does not relieve the applicant from complying with other applicable Federal, State, County or City regulations or requirements. 3. The applicant shall defend, indemnify, and hold harmless the City of San Juan Capistrano and its officers, employees, and agents from and against any claim, action, or proceeding against the City of San Juan Capistrano, its officers, employees, or agents to attack, set aside, void, or annul any approval or condition of approval of the City of San Juan Capistrano concerning this project, including but not limited to any approval or condition of approval of the City Council, Planning Commission, or City Planner. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter. 4. The applicant shall be responsible for informing all subcontractors, consultants, engineers, or other business entities providing services related to the project of their responsibilities to comply with these conditions of approval and all pertinent requirements in the San Juan Capistrano Municipal Code, including the requirement that a business license be obtained by all entities doing business in the City. 5. The applicant shall submit to the Planning Department a letter requesting approval of a selected replacement tree suited to the planting area, and at a minimum 15 gallon in size, subject to final review and approval by the Planning Director. 6. The applicant shall contact the Planning Department for final inspection after the pine tree has been removed and the new approved replacement tree has been planted, prior to the expiration date of this approval. End of conditions P:\PIanning\Archive\TREE REMOVAL PERMITS\TRP-0470AGaspard\TRP 04-70A-PCcoa24Jan06.doc