PC Resolution-06-01-24-03PC RESOLUTION NO. 06-01-24-3
TREE REMOVAL PERMIT (TRP) 05-185
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN JUAN CAPISTRANO CONFIRMING ISSUANCE OF A CATEGORICAL
EXEMPTION AND LEGALIZING A TREE REMOVAL PERMIT FOR
TWELVE EUCALYPTUS TREES LOCATED AT 31493 PASEO CHRISTINA
(APN 124-671-18).
Whereas, Jeanne and Tim Caldwell are requesting approval to
legalize the unpermitted removal of twelve (12) Eucalyptus trees located in the front
yard of the subject property. The subject trees were located at 31493 Paseo
Christina, which has a. General Plan designation of Very Low Density (VLD) and a
Zoning designation of RSE-40,000 ; and,
Whereas, the proposed project has been processed pursuant to
Section 9-2.301, Development Review of the Land Use Code, as a condition of
resolving a code enforcement action addressing the unpermitted tree removal; 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 RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby find that the prior
removal of the subject trees would cause an adverse visual impact on surrounding
properties if not adequately addressed through implementation of an approved
landscape and tree replanting plan, and the Planning Commission therefore
approves the application subject to the attached conditions of approval set forth in
.Exhibit A, attached hereto and incorporated herein and pursuant to Section 9-2.349
(c) (5) of the Land Use Code.
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.
PC Resolution 06-01-24-3 2 January 24, 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
(P�A-u
Tim ly, C airma
Mollyo h; Fbnning Director, Secretary
P:\Planning\Archive\TREE REMOVAL PERMITS\TRP05-185Caldwell\TRP 05-185-PCreso-20an06.doc
RESOLUTION #: 06-01-24-3
Exhibit A
CONDITIONS OF APPROVAL
Project #: TRP 05-185
Project Name: Jeanne and Tim Caldwell
APPROVAL DATE: January 24, 2006
EFFECTIVE DATE: January 24, 2006
EXPIRATION DATE: June 24, 2006
These conditions of approval apply to Tree Removal Permit # 05-185, an application to
legalize the removal of approximately twelve (12) mature Eucalyptus trees. The subject
trees were located in the front yard of the subject property, generally located 780 feet
south of San Juan Creek Road at 31493 Paseo Christina. The property is commonly
referred to as Assessor Parcel Number 124-671-18, which has a General Plan
Designation of Very Low Density (VSD) and a Zoning designation of RSE-40,000. 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 05-185 is granted to legalize the removal of approximately twelve
(12) mature Eucalyptus trees and replacement with twelve (12), minimum
(24) inch box size tree. This approval is granted based on the application
materials submitted by Jeanne and Tim Caldwell on December 29, 2005.
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 06-01-24-3 Final Conditions of Approval
TRP 05-185 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 a landscape plan to the Planning Department
for DRC review no later than thirty (30) days from the date° of the TRP
approval by the Planning Commission. The landscape plan shall show at
least 12 to 16 replacement trees, of a minimum 24 -inch box size and
California native variety. Trees to be planted along the side property line
shall be planted within thirty (30) days of DRC approval of the landscape
plan. The time period for installation of remaining landscaping shall be
established by the DRC.
6. The applicant shall contact the Planning Department for final inspection
after the new approved replacement trees have been planted, prior to the
expiration date of this approval.
End of Conditions
P:\PIanning\Archive\TREE REMOVAL PERMITS\TRP05-185CaldweII\TRP 05-185-PCcoa24Jan06.doc