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PC Resolution-05-09-13-03PC RESOLUTION NO. 05-09-1 3-3 TREE REMOVAL PERMIT (TRP) 05-107 AN ACTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO DENYING A TREE REMOVAL PERMIT FOR ONE ALEPPO PINE TREE LOCATED AT 33751 CALLE CONEJO (APN 675- 043-06). Whereas, Mike & Stephanie Williams is requesting approval to remove one (1) Aleppo Pine tree, with a diameter of approximately 31” and an approximate height of forty-three (43) feet located on the side yard on the south end of the subject property. The subject tree is located at 33751 Calle Conejo. The subject property has a General Plan Designation of Medium Low Density (MLD) and is zoned Residential 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, staff is recommending denial of the project and pursuant to Section 3.06 of the City’s adopted CEQA Guidelines, CEQA does not apply to disapproved projects. Therefore, staff is not recommending that the Planning Commission take any action on the project’s environmental determination; 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 FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano does hereby find that the proposed project does not comply with all applicable provisions of the Land Use Code (Section 9-2.349(c)), because the arborist report identifies the tree as being in fair health, structurally stable, viable if treated properly, and adding value to the subject property. The tree should be preserved and the arborist’s recommendations should be implemented in order to preserve the health and aesthetic appearance of the tree. EFFECTIVE DATE & EXPIRATION DATE: This project action shall become final and effective following expiration of the fifteen (1 5) day appeal period without filing of an appeal, and the appeal period shall expire at 5:OO p.m., Wednesday, September 28,2005. PC Resolution 05-9-1 3-3 2 September 13, 2005 PASSED, APPROVED AND ADOPTED this 13th day of September, 2005, by the following vote, to wit: AYES: Commissioners Cohen, Drey and Ratcliffe, Vice Chairman Cardoza, and Chairman Neely NOES: ABSTAIN: ABSENT: Tim Nketf, Chgirw Molly Bogh$$lanni& Director, Secretary P.\Planning\Archive\TREE REMOVAL PERMITS\TRP05-107Williams\TRP 05-1 07-PC resol 3Sep05.doc -