Loading...
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 ? mn�� Tim e , Cha man 1--1K4 V�rk Molly 13qAh, PI ning Director, Secretary 1-4 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 P:\PIanning\Archive\TREE REMOVAL PERMITS\TRP05-178Agostini\TRP 05-178-PCcoa24Jan06.doc