PC Resolution-05-10-25-03PC RESOLUTION NO. 05-1 0-25-3
TREE REMOVAL PERMIT (TRP) 05-1 31
AN ACTION OF THE PLANNING COMMISSION OF THE CITY OF SAN
JUAN CAPISTRANO DENYING A TREE REMOVAL PERMIT FOR ONE
EUCALYPTUS TREE LOCATED AT 32302 ALIPAZ STREET (APN 121-
171 -30).
Whereas, San Juan Mobile Estates is requesting approval to remove
one (1) Eucalyptus tree, with a diameter of approximately thirty-eight (38) inches and
an approximate height of fifty (50) feet located adjacent to residential coach within
the San Juan Mobile Estates. The subject tree is located at 32302 Alipaz Street. The
subject property has a General Plan Designation of Medium High Density and is
zoned Mobile Home Park (MHP); 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 October 25,2005, 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)), based on the following factors:
I. Inspections conducted by staff on September 21, 2005 revealed
that the tree exhibits vigorous growth and the limited die-back can be
addressed through proper pruning and growth management techniques
applied, and adding value to the subject property. Therefore, the
condition of the tree with respect to disease and general health
warrants preservation.
2.
damage that may have been caused by the tree.
Inspections conducted by staff did not identify any property
3. Removal of this tree would diminish the scenic value that the tree
provides to the neighborhood and subject property.
PC Resolution 05-10-25-3 2 October 25,2005
u 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 500 p.m.,
Wednesday, November 9,2005.
PASSED, APPROVED AND ADOPTED this 25th day of October,
2005, by the following vote, to wit:
AYES: Commissioners Cohen, Drey, and Ratcliffe, Vice Chairman Cardoza, Chairman
Neely
NOES:
ABSTAIN:
ABSENT:
Molly B&, Plbning Director, Secretary
P \Planning\Archive\TREE REMOVAL PERMITS\TRPOB-I 31 San Juan Mobile Estates\TRP 05-1 3 1-PC reso-25-0ct-05.doc