PC Resolution-05-08-23-01'v
PC RESOLUTION NO. 05-08-23-1
TREE REMOVAL PERMIT (TRP) 05-081
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 THREE EUCALYPTUS
TREES, AND DENYING A REMOVAL PERMIT FOR ONE CALIFORNIA PEPPER
TREE, LOCATED AT 28322 PASEO ESTABLO (APN 666-1 71-35).
Whereas, Victor Forward is requesting approval to remove three Eucalyptus trees
with diameters of 14, 15, and 25 inches respectively, and one California Pepper tree with a trunk
diameter of 37 inches. The subject trees are located at 28322 Paseo Establo. The property is
generally located generally located 200 feet east of Camino La Ronda. The property is zoned
RSE-20,000; 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 reviewed the project pursuant to
Section 15061 of the California Environmental Quality Act (CEQA) and issued a Class l(h)
categorical exemption and caused a Notice of Exemption to be posted pursuant to Section
15062 of the CEQA Guidelines; and
L, Whereas, the Planning Commission has considered the Environmental Review
Board's determination pursuant to Section 15074 of the California Environmental Quality Act
(CEQA); and,
Whereas, the Planning Commission conducted a duly noticed public meeting on
August 23,2005 pursuant to Section 9-2.31 3 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 make the following findings:
I. With respect to the Tree Removal Permit request to remove one (1) California Pepper
tree, the Planning Commission finds that this request does not meet any of the criteria
contained in Section 9-2.349(c)in that the tree is healthy, does not interfere with utilities or
structures, and its removal would result in loss of a substantial resource on the property;
therefore the Planning Commission denies said request to remove one California Pepper
Tree.
2. With respect to the Tree Removal Permit request to remove three (3) Eucalyptus trees,
the Planning Commission finds that this request meets the following criteria contained in
Section 9-2.349(c) because the trees interfere with a storm drain easement and fence
line, and as non-native trees are not considered to be a significant resource on the
property; therefore the Planning Commission approves said request to remove three (3)
Eucalyptus trees, subject to the condition and requirements set forth in this resolution.
b
PC Resolution 05-08-23-1 2 August 23,2005
u NOW, THEREFORE, BE IT FURTHER 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 three (3) Eucalyptus trees only, subject
to the following conditions of approval:
Conditions of Approval
1. The applicant shall replace the Eucalyptus trees with three (3) trees not
smaller than 24" box and 4" diameter at breast height (DBH) of a California
Native variety or of a variety more suited to the planting area, as approved by
the Planning Commission.
2. The applicant shall contact the Planning Department for a final inspection
after the trees have been removed and the replacement trees have been
planted.
EFFECTIVE DATE & FINAL APPROVAL: This project approval shall
become effective following expiration of the fifteen (I 5) day appeal period without filing of
an appeal application pursuant to Section 9-2.31 1 of Title 9, Land Use Code. The fifteen
(15) day appeal period shall expire at 500 p.m. Wednesday, September 7, 2005. This
approval shall expire on March 7, 2006, if the tree has not been removed and the
replacement tree has not been planted by that date. Failure to comply with the conditions
of this permit constitutes a violation of Section 9-2.349 of the San Juan Capistrano
Municipal Code. \,
PASSED, APPROVED AND ADOPTED this 23rd day of August, 2005, by the
following vote, to wit:
AYES: Commissioners Drey and Ratcliffe, Vice Chairman Cardoza, and
Chairman Neely
NOES: Commissioner Cohen
ABSTAIN:
ABSENT:
Tim Neely, Chai a v
Molly B&j, Se&tary