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 -