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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.