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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