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
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