PC Resolution-06-11-28-02PC RESOLUTION NO. 06-11-28-2
TREE REMOVAL PERMIT (TRP) 06-120
AN ACTION OF THE PLANNING COMMISSION OF THE CITY OF SAN
JUAN CAPISTRANO APPROVING A TREE REMOVAL PERMIT FOR ONE
ASH TREE LOCATED AT 25881 AVENIDA MARIPOSA (APN 668-013-19).
Whereas, Phyllis Truppa is requesting approval to remove one (1)
Ash tree, with a diameter of approximately forty eight (48) inches located in the front
yard of the existing single-family residence located at 25881 Avenida Mariposa. 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 15301 Class 1(h) of the
California Environmental Quality Act (CEQA) and has prepared a Notice of
Exemption; and
Whereas, on November 28, 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 28, 2006, and based on the following finding pursuant to the Land Use
Code (Section 9-2.349(c)):
Pursuant to Section 9-2.349 (c)(7), there is sufficient justification for
removing the tree because the tree is causing damage to a water lateral line,
and potential damage to other utilities located within the property.
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, December 13, 2006.
PC Resolution 06-11-28-2 2 November 28, 2006
PASSED, APPROVED AND ADOPTED this 28th day of November,
2006, by the following vote, to wit:
AYES: Chairman Cardoza, Vice -Chairman Cohen, Commissioners Neely,
Ratcliffe, and Drey
NOES: None
ABSTAIN: None
ABSENT: None
Obert Ca4rdoA4, Chairman
William unroffgham, Interim Planning Director,
Secret ry
P:\Planning\Archive\TREE REMOVAL PERMITS\TRP 06-120 Truppa\TRP 06-120 PC reso 28Nov06Aoc
RESOLUTION #: 06-11-28-2
Exhibit A
CONDITIONS OF APPROVAL
Project #: TRP 06-120
Project Name: Truppa Residence
APPROVAL DATE: November 28, 2006
EFFECTIVE DATE: December 13, 2006
EXPIRATION DATE: May 28, 2007
These conditions of approval apply to Tree Removal Permit # 06-120, an application to
remove one (1) Ash tree, with a diameter of approximately forty eight (48) inches
located in the front yard of the existing single-family residence located at 25881 Avenida
Mariposa. 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 06-120 is granted to remove one (1) Ash tree, with a diameter of
approximately forty eight (48) inches 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
Phyllis Truppa on October 16, 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
28, 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 06-11-28-2 Final Conditions of Approval
TRP 06-120 November 28, 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 coordinate with Planning Department staff to select a
new tree that is more suitable for the planting area and that compliments
the property and the overall 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
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