PC Resolution-06-01-24-04PC RESOLUTION NO. 06-01-24-4
TREE REMOVAL PERMIT (TRP) 05-178
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 ONE
EUCALYPTUS TREE AND DENYING THE REMOVAL OF ONE
CALIFORNIA PEPPER TREE LOCATED AT 31501 PASEO CHRISTINA
(APN 124-671-15).
Whereas, Jennifer Agostini requests approval to legalize the removal
of one (1) Eucalyptus tree, with a diameter of approximately thirty-three (33) inches
and to remove one (1) California Pepper tree with a diameter of 28 inches located in
the front yard of the subject property. The subject trees are located at 31501 Paseo
Christina, which has a General Plan Designation of Very Low Density (VLD) and a
Zoning designation of RSE-40,000 (Single Family -40,000); 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 RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby approve the removal of
the Eucalyptus tree subject to the conditions of approval set forth in Exhibit A,
attached hereto and incorporated herein, based on the following finding:
There may be possible future hazards to traffic, pedestrians, general
public safety, or property if the tree(s) is preserved because the tree is
severely trimmed and because the tree will not recover from the severe
trimming and future watersprout growth will result in poor branch
structure, based on staff evaluation during a site visit on January 18,
2005.
PC Resolution 06-01-24-4 2 January 24, 2006
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby deny the removal of the
California Pepper tree, based on the following finding:
There may be adverse visual impacts of tree removals upon surrounding
properties and streets which would result from a proposed tree removal
because the tree is part of the overall streetscape effect and will continue
to add value to this property and to the surrounding properties and
because testimony given at the meeting by adjacent property owners
indicated that the removal would be a detriment to the character of the
streetscape.
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
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Tim e , Cha man
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Molly 13qAh, PI ning Director, Secretary
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P:\Planning\Archive\TREE REMOVAL PERMITS\TRP05-178Agostini\TRP 05-178-PCreso24Jan06.doc
RESOLUTION #: 06-01-24-4
Exhibit A
CONDITIONS OF APPROVAL
Project #: TRP 05-178
Project Name: Jennifer Agostini
APPROVAL DATE: January 24, 2006
EFFECTIVE DATE: January 24, 2006
EXPIRATION DATE: June 24, 2006
These conditions of approval apply to Tree Removal Permit # 05-178, an application to
legalize the removal of one (1) Eucalyptus tree, with a diameter of approximately thirty-
three (33) inches and to denying the removal of one (1) California Pepper tree with a
diameter of 28 inches located in the front yard of the subject property. The subject trees
are located at 31501 Paseo Christina. The property is commonly referred to as
Assessor Parcel Number 124-671-15, which has a General Plan Designation of Very
Low Density (VLD) and a Zoning designation of RSE-40,000 (Single Family -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 05-178 is granted to remove one (1) Eucalyptus tree, with a diameter
of approximately thirty-three (33) inches and denying the removal of one
(1) California Pepper tree with a diameter of 28 inches. This approval.is
granted based on the application materials submitted by Jennifer Agostini
on December 5, 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 06-01-24-4 Final Conditions of Approval
TRP 05-178. 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 landscape plan
for review and approval, that shows a suitable replacement tree prior to.
the removal of the Eucalyptus tree.
6. The applicant shall contact the Planning Department for final inspection
after the eucalyptus 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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