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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 P:\PIanning\Archive\TREE REMOVAL PERMITS\TRP 06-120 Truppa\TRP 06-120 PC coa 28% 06.doc