PC Resolution-05-09-13-01PC RESOLUTION NO. 05-09-1 3-1
TREE REMOVAL PERMIT (TRP) 05-96
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 ONE
MONTEREY PINE TREE LOCATED AT 30991 PASEO VALENCIA (APN
664-034-1 0).
Whereas, Larry Sternaman is requesting approval to remove one (I)
Monterey Pine tree, with a diameter of thirty-five (35) inches and an approximate
height of fifty (50) feet located in the rear yard of the subject property. The subject
tree is located at 30991 Paseo Valencia, which has a General Plan designation of
Medium Low Density(MLD) and a Zoning designation of 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 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 15062 of the CEQA Guidelines; and,
Whereas, on September 13, 2005, 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 RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby find that the proposed
project complies with all applicable provisions of the Land Use Code subject to the
conditions approval set forth in Exhibit A, attached hereto and incorporated herein.
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 project subject to conditions of approval set
forth in Exhibit A, attached hereto and incorporated herein, based on the following
findings pursuant to Section 9-2.349 of the Municipal Code,
1. Based on the condition of the existing tree with respect to disease,
general health, and the ability to be preserved, the tree does not
appear to be healthy, is crowding other trees, and should be
removed.
2. Removal of the tree will not have adverse impacts on the
surrounding area because of the presence of numerous other
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PC Resolution 05-09-13-1 2 September 13, 2005
trees on the same lot and the tree's location in a rear yard area
with limited public visibility.
EFFECTIVE DATE & EXPIRATION DATE: This project action shall
become final and effective following expiration of the fifteen (I 5) day appeal period
without filing of an appeal, and the appeal period shall expire at 5:OO p.m.,
Wednesday, September 28, 2005. This approval shall expire on March 28, 2006, if
the tree has not been removed 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 13'h day of September,
2005 by the following vote, to wit:
AYES: Commissioners Drey and Cohen, Vice Chairman Cardoza, and Chairman Neely
NOES: Commissioner Ratcliffe
ABSTAIN:
ABSENT:
Molly Bogh,wlanni@ Director, Secretary
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RESOLUTION #: 05-09-1 3-1
Exhibit A
CONDITIONS OF APPROVAL
Project #: TRP 05-96
APPROVAL DATE: September 13,2005
EFFECTIVE DATE: September 28,2005
EXPIRATION DATE: March 28,2006
Project Name: Sternaman Residence
These conditions of approval apply to Tree Removal Permit # 05-96, a request to
remove one (1) Monterey Pine tree. The subject tree has a diameter of thirty-five (35)
inches and an approximate height of fifty (50) feet located in the rear yard of the subject
property. The subject property is located at 30991 Paseo Valencia on a .24 acre parcel,
generally located 20 feet northwest of Paseo Valencia at 30991 Paseo Valencia (APN
664-034-10). Any proposed change of use or expansion of the area or modifications to
the site plan or structures shall be submitted to the City Planning Department along with
the required application and fee, for review. 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.
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General Conditions:
1. - TRP 05-96 is granted to remove one (1) Monterey Pine tree on .24 acres
located at 30991 Paseo Valencia (APN 664-034-10). This approval is
granted based on the application materials submitted by Larry Sternaman
on July 8, 2005. The proposed use of the site 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 site plan, and which do not
intensify or change the use or require any deviations from adopted
standards, 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 (1 !jth) day
after the date of the Planning Commission's approval and shall expire
March 28, 2006 (6) months after the effective date of the approval unless
the use or occupancy which is the subject of this action 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
othewise approved by the Planning Director.
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,
Planning Commission Resolution 05-09- 13- I
TRP 05-96
Final Conditions of Approval
September 13, 2005
Page 2 of 2
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.
Date of Approval: September 13,2005
V Resolution No.: 05-09-1 3-1
Effective Date: September 28, 2005
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