PC Resolution-05-09-13-04PC RESOLUTION NO. 05-09-1 3-4
TREE REMOVAL PERMIT (TRP) 04-70A
AN ACTION OF THE PLANNING COMMISSION OF THE CITY OF SAN
JUAN CAPISTMNO DENYING A TREE REMOVAL PERMIT FOR ONE
CANARY ISLAND PINE TREE LOCATED AT 32101 VIA DE OLIVA (APN
668-1 73-08).
Whereas, Joe Gaspard is requesting approval to remove one (1)
Canary Island Pine (Pinus Canariensis) tree, with a diameter of approximately
twenty-two (22) inches and an approximate height of sixty-three (63) feet located in
the front yard of the existing single-family residence. The subject tree is located at
321 01 Via De Oliva. The subject property has a General Plan Designation of Medium
High Density (MHD) and is zoned Residential Garden 4,000 (RG-4,000); 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.
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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,
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. I
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.
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PC Resolution 05-9-1 3-4 2 September 13, 2005
PASSED, APPROVED AND ADOPTED this 13th day of September,
2005, by the following vote, to wit:
AYES: Commissioners Drey, Cohen and Ratcliffe, Vice Chairman Cardoza
NOES: Chairman Neely
ABSTAIN:
ABSENT:
Molly BoN, SecMtaty
P \Planning\Archive\TREE REMOVAL PERMITS\TRP05-107WiIliams\TRP 05-107-PC resol3Sep05 doc