PC Resolution-06-11-14-04PC RESOLUTION NO. 06-11-14-4
TREE REMOVAL PERMIT (TRP) 06-077
AN ACTION OF THE PLANNING COMMISSION OF THE CITY OF SAN
JUAN CAPISTRANO APPROVING A TREE REMOVAL PERMIT FOR ONE
MONTEREY PINE TREE LOCATED AT 32911 AVENIDA DESCANSO
(APN 668-061-05).
Whereas, Ellen Lewis is requesting approval to remove one (1)
Monterey Pine tree, with a diameter of approximately thirty-four (34) inches and an
approximate height of fifty (50) feet located in the front yard of the existing single-
family residence located at 32911 Avenida Descanso. The subject property has a
General Plan Designation of Medium Density (MD) and is zoned Single -Family -7,000
(RS -7,000); 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 November 14, 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 substantiation that is provided in the staff report dated
November 14, 2006, and based on the following finding 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 tree because there is substantiated evidence in the record that
states that the tree exhibits poor health due to infestation of the Ips Beetle
and based on staff's inspection.
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, October 26, 2005.
PC Resolution 06-11-14-4 2 November 14, 2006
PASSED, APPROVED AND ADOPTED this 14th day of November,
2006, by the following vote, to wit:
AYES: Commissioners Neely, Ratcliffe, Drey and Cohen, Chairman Cardoza
NOES: None
ABSTAIN: None
ABSENT: None
-146
Robert Cardo- , Chairman
William Cunningham, In rim Planning Director,
Secretary
P:\Planning\Archive\TREE REMOVAL PERMITS\TRP 06-077 Lewis\TRP 06-077 PC reso 14W 06.doc
RESOLUTION #: 06-11-14-4
Exhibit A
CONDITIONS OF APPROVAL
Project #: TRP 06-077
Project Name: Lewis Residence
APPROVAL DATE: November 14, 2006
EFFECTIVE DATE: November 29, 2006
EXPIRATION DATE: May 14, 2007
These conditions of approval apply to Tree Removal Permit # 06-077, an application to
remove one (1) Monterey Pine tree, with a diameter of approximately thirty-four (34)
inches and an approximate height of fifty (50) feet located in the front yard of the
existing single-family residence located at 32911 Avenida Descanso. The subject
property has a General Plan Designation of Medium Density (MD) and is zoned Single -
Family -7,000 (RS -7,000). 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 06-077 is granted to remove one (1) Monterey Pine tree, with a
diameter of approximately thirty-four (34) inches and an approximate
height of fifty (50) and replacement with a tree that is more suitable for the
planting area and that compliments the streetscape. This approval is
granted based on the application materials submitted by Ellen Lewis on
June 29, 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 (15th) day after the date of the
Planning Commission's approval and shall expire May 14, 2007 (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 06-11-14-4 Final Conditions of Approval
TRP 06-077 November 14, 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 install a new tree that is suitable for the planting area
and that compliments the streetscape.
6. The applicant shall contact the Planning Department for final inspection
after the replacement tree has been planted, prior to the expiration date of
this approval.
End of Conditions
P:\PIanning\Archive\TREE REMOVAL PERMITS\TRP 06-077 Lewis\TRP 06-077 PC coa 14Nov06.doc