PC Resolution-05-10-11-03PC RESOLUTION NO. 05-1 0-1 1-3
TREE REMOVAL PERMIT (TRP) 05-78
AN ACTION OF THE PLANNING COMMISSION OF THE CITY OF SAN
JUAN CAPISTRANO DENYING A TREE REMOVAL PERMIT FOR ONE
MONTEREY PINE TREE LOCATED AT 32911 AVENIDA DESCANSO
(APN 668-061-05).
Whereas, Ellen Lewis is requesting approval to remove one (1)
Monterey Pine tree, with a diameter of approximately thirty-four (34) inches and an
approximate height of fifty (50) feet located in the front yard of the existing single-
family residence located at 3291 1 Avenida Descanso. The subject property has a
General Plan Designation of Medium Density (MD) and is zoned 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, pursuant to Section 3.06 of the City’s adopted CEQA
Guidelines, CEQA does not apply to disapproved projects; and,
Whereas, on October 11 , 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.
L
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)), based on the following factors:
1. Inspections conducted by staff on June 17 and June 21 revealed
that the tree exhibits vigorous growth and the limited die-back can
be addressed through maintenance. Therefore, the condition of the
tree with respect to disease and general health warrants preservation.
2. Inspections conducted by staff did not identify any property
damage that may have been caused by the tree.
3. Removal of this tree would diminish the scenic value that the tree
provides to the neighborhood and subject property.
PC Resolution 05-1 0-1 1-3 2 October 11, 2005
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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 500 p.m.,
Wednesday, October 26,2005.
PASSED, APPROVED AND ADOPTED this 1 Ith day of October,
2005, by the following vote, to wit:
AYES: Commissioners Cohen, Drey, and Ratcliffe, Vice Chairman Cardoza, Chairman
Neely
NOES:
ABSTAIN:
ABSENT:
P \Planning\Archtve\TREE REMOVAL PERMITS\TRP05-078Lewis\TRP 05-078-PC reso-1 1 -0ct-05.doc