PC Resolution-06-06-27-01PC RESOLUTION NO. 06-06-27-1
TREE REMOVAL PERMIT (TRP) 06-019
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN JUAN CAPISTRANO APPROVING A TREE REMOVAL PERMIT FOR
THREE EASTERN RED CEDAR (JUNIPERUS VIRGINIANA) TREES,
LOCATED AT 30115 HILLSIDE TERRACE (APN 650-251-01).
Whereas, Martin and Janice Pickett are requesting approval to
remove three (3) Eastern Red Cedar (juniperus virginiana) trees, each with a
diameter over thirty (30) inches and an approximate height of thirty (30) feet. The
subject trees are located in the side yard of the existing single-family residence at
30115 Hillside Terrace. The subject property has a General Plan Designation of
Medium Low Density (MLD) and is zoned RSE-20,000; 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 June 27, 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, and the
Homeowners Association approving the applicant's request, and based on the
following findings pursuant to the Land Use Code (Section 9-2.349(c)):
1. Pursuant to Section 9-2.349 (c)(1), there is sufficient justification for
removing the trees because they exhibit poor health, significant dead wood
in the canopy area, and cannot be preserved because they are planted in an
area too small to accommodate their size at maturity.
2. Pursuant to Section 9-2.349 (c)(5), there will be no adverse visual impacts
from the tree removals on surrounding properties, because the Homeowner's
Association has approved the removals, and the applicant proposed to
replant the area with Toyon, a native shrub more suitable to the size of the
planting area.
PC Resolution 06-06-27-1 2 June 27, 2006
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, July 12, 2006.
PASSED, APPROVED AND ADOPTED this 27th day of June, 2006, by
the following vote, to wit:
AYES: Commissioners Neely, Ratcliffe, Cohen, and Drey
NOES: Chairman Cardoza
ABSTAIN: None
ABSENT: None
Robert Cardoza, Cha
Molly Bog Plan ng Director, Secretary
P:\Planning\Archive\TREE REMOVAL PERMITS\TRP 06-019 Pickett\TRP 06-019 PC reso 27June06.doc
RESOLUTION #: 06-06-27-1
Exhibit A
CONDITIONS OF APPROVAL
Project #: TRP 06-019
Project Name: Martin and Janice Pickett
APPROVAL DATE:
EFFECTIVE DATE:
EXPIRATION DATE:
June 27, 2006
June 27, 2006
December 27, 2006
These conditions of approval apply to Tree Removal Permit # 06-019, an application to
remove three (3) Eastern Red Cedar (juniperus virginiana) trees, each with a diameter
over thirty (30) inches and an approximate height of thirty (30) feet. The subject trees
are located in the side yard of the existing single-family residence at 30115 Hillside
Terrace. The subject property has a General Plan Designation of Medium Low Density
(MLD) and is zoned RSE-20,000. 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:
1. TRP 06-019 is granted to remove three (3) Eastern Red Cedar (juniperus
virginiana) trees, each with a diameter over thirty (30) inches and an
approximate height of thirty (30) feet and replacement with four (4),
minimum (15) gallon size California native shrubs. This approval is
granted based on the application materials submitted by Martin and
Janice Pickett on February 15, 2006. 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 (15t") day
after the date of the Planning Commission's approval and shall expire
December 27, 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 06-06-27-1 Final Conditions of Approval
TRP 06-019 June 27, 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 replace the removed trees with four (4) 15 gallon
California native shrubs no later than December 27, 2006.
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\TRP 06-019 Pickett\TRP 05-185 PC coa 27June06.doc