PC Resolution-06-01-10-01PC RESOLUTION NO. 06-1-10-1
TREE REMOVALPERMIT (TRP) 05-171
AN ACTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO CONFIRMING ISSUANCE OF A CATEGORICAL EXEMPTION
AND APPROVING A TREE REMOVAL PERMIT FOR ONE PINE TREE
LOCATED AT 32131 VIA ALICIA (APN 672-122-21).
Whereas, Mark Czerwin is requesting approval to remove one (1) Pine tree, with a
measured diameter of twenty-seven (27) inches and a height of approximately fifty (50) feet and
to replace said tree with five (5) cypress trees consistent with the existing tree palette on the
property. The subject tree is located within the rear yard of the property located at 32131 Via
Alicia. The property is commonly referred to as Assessor Parcel Number 672-122-21, which has
a General Plan designation of Medium Low Density (MLD), and a Zoning designation of RS -
10,000; and,
Whereas, the proposed project has been processed pursuant to Section 9-2.349 of
the Land Use Code; and,
Whereas, the Environmental Administrator has reviewed the project pursuant to
Section 15061 of the California Environmental Quality Act (CEQA) and issued a Class 1(h)
categorical exemption and caused a Notice of Exemption to be posted pursuant to Section
15062 of the CEQA Guidelines; and
Whereas, the Planning Commission conducted a duly noticed public meeting on
December 13, 2005 and January 10, 2006 pursuant to Section 9-2.313 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 request to remove one (1) pine tree meets the
criteria contained in Section 9=2.349(c)(2) based on the fact that the project site plan has been
designed to preserve the maximum number of existing trees on the site; that a replacement tree
consistent with the overall landscape palette of the site will be implemented upon the pine tree
removal; and that no visual impacts to the tree canopy of the surrounding community will result
by said approval.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City
of San Juan Capistrano does hereby confirm issuance of a categorical exemption and approves
the removal of one (1) Pine tree, subject to the attached conditions of approval set forth and
attached hereto as "Exhibit A".
RESOLUTION #: 06-1-10-1
EXhibit A
CONDITIONS OF APPROVAL
Project #: TRP 05-171
Project Name: Mark Czerwin
APPROVAL DATE: January 10, 2006
EFFECTIVE DATE: January 25, 2006
EXPIRATION DATE: July 25, 2006
These conditions of approval apply to Tree Removal Permit # 05-171, an application to
remove one (1) Pine tree, with a measured diameter of twenty-seven (27) inches and a
height of approximately fifty (50) feet at 32131 Via Alicia, commonly referred to as
Assessor Parcel Number 672-122-21, which has a General Plan designation of Medium
Low Density (MLD), and a Zoning designation of RS -10,000. 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 05-171 is granted to remove one (1) Pine tree, with a measured
diameter of twenty-seven (27) inches and a height of approximately fifty
(50) feet and replacement with (1), minimum (15) gallon size tree
consistent with the existing tree palette located at 32131 Via Alicia, and
commonly referred to as Assessor Parcel Number 672-122-21 This
approval is granted based on the application materials submitted by Mark
Czerwin on November 16, 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 July
25, 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 06-1-10-1 Final Conditions of Approval
TRP 05-171 January 10, 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.