PC Resolution-05-12-13-01 (1)PC RESOLUTION NO. 05-1 2-1 3-1
TREE REMOVAL PERMIT (TRP) 05-158
AN ACTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO CONFIRMING ISSUANCE OF A CATEGORICAL EXEMPTION
AND APPROVING A TREE REMOVAL PERMIT FOR ONE ASH TREE
LOCATED AT 27942 PASEO NICOLE (APN 666-082-1 9).
Whereas, James and Christina Huben have requested approval to remove one (1)
Ash tree, with a measured diameter of thirty-three (33) inches and a height of approximately fifty-
five (55) feet. The subject tree is located within the rear yard of the property located at 27942
Paseo Nicole. The property is commonly referred to as Assessor Parcel Number 666-082-19,
which has a General Plan designation of Medium Density (MD), and a Zoning designation of RS-
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, the Environmental Administrator has reviewed the project pursuant to
Section 15061 of the California Environmental Quality Act (CEQA) and issued a Class l(h)
categorical exemption and caused a Notice of Exemption to be posted pursuant to Section
15062 of the CEQA Guidelines; and
W Whereas, the Planning Commission has considered the Environmental Review
Board's determination pursuant to Section 1 5074 of the California Environmental Quality Act
(CEQA); and,
Whereas, the Planning Commission conducted a duly noticed public meeting on
December 13, 2005 pursuant to Section 9-2.313 of the Municipal Code to consider public
testimony on the proposed project.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City
of San Juan Capistrano hereby finds that the request to remove one (I) Ash tree meets the
criteria contained in Section 9-2.349(c) because the tree size and extensive surface root
structure have impacted the foundation, slab, and other property improvements on the subject lot
and to the lot immediately adjacent to the rear, and could pose a potential future hazards to
traffic, pedestrians, general public, or property if the tree is preserved; and,
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission
does hereby confirm issuance of a categorical exemption and approves the removal of one (I)
Ash tree, subject to the conditions of approval set forth in Exhibit A, attached hereto and
incorporated he rein.
PC Resolution 05-12-1 3-1 2 December 13.2005
v EFFECTIVE DATE & FINAL APPROVAL: This project approval shall
become effective following expiration of the fifteen (1 5) day appeal period without filing of
an appeal application pursuant to Section 9-2.31 1 of Title 9, Land Use Code. The fifteen
(1 5) day appeal period shall expire at 500 p.m. Wednesday, December 28,2005. Failure
to comply with the conditions of this permit constitutes a violation of Section 9-2.349 of the
San Juan Capistrano Municipal Code.
PASSED, APPROVED AND ADOPTED this 13th day of December, 2005, by
the following vote, to wit:
AYES: Commissioner Ratcliffe, Vice Chairman Cardoza and Chairman Neely
NOES:
ABSTAl N :
ABSENT: Commissioners Cohen and Drey
v
RESOLUTION #: 05-1 2-1 3-1
Exhibit A
CONDITIONS OF APPROVAL
Project #: TRP 05-158
Project Name: James and Christina Huben
APPROVAL DATE: December 13,2005
EFFECTIVE DATE: December 28,2005
EXPIRATION DATE: June 28,2006
These conditions of approval apply to Tree Removal Permit # 05-158, request to
remove one (1) Ash tree, with a diameter of thirty-three (33) inches and an approximate
height of fifty-five (55) feet, located within the rear yard of the property located at 27942
Paseo Nicole and commonly referred to as Assessor Parcel Number 666-082-1 9, which
has a General Plan designation of Medium Density (MD), and a Zoning designation of
RS-4,000. For the purpose of these conditions, the term “applicant” shall also mean the
developer, the owner or any successor(s) in interest to the terms of this approval.
General Conditions:
TRP 05-158 is granted to remove one (1) Ash tree, with a diameter of
thirty-three (33) inches and an approximate height of fifty-five (55) feet,
located within the rear yard of the property located at 27942 Paseo Nicole
and commonly referred to as Assessor Parcel Number 666-082-1 9. This
approval is granted based on the application materials submitted by
James Huben on October 21, 2005. The proposed tree removal is
approved as submitted and conditioned herein, and shall not be further
altered unless reviewed and approved by the affected city departments.
Minor modifications to this approval which are determined by the Planning
Director to be in substantial conformance with the approved tree removal,
may be approved by the Planning Director upon submittal of an
application and the required fee. If not appealed, this approval shall
become effective on the first business day following the fifteenth (1 5th) day
after the date of the Planning Commission’s approval and shall expire
June 28, 2006 (6) months after the effective date of the approval unless
the tree removal has taken place and all conditions of approval have been
met, or a time extension has been granted by the City. Any application for
an extension of time shall be submitted to the Planning Department, along
with the required fee, at least ninety (90) days prior to the expiration date
of this approval, except as otherwise approved by the Planning Director.
W
2. - Approval of this application does not relieve the applicant from complying
with other applicable Federal, State, County or City regulations or
requirements.
Planning Commission Resolution 05- 12- 13- I
TRP 05-158 December 13, 2005
Final Conditions of Approval
Page 2 of 2 v
3. - The applicant shall defend, indemnify, and hold harmless the City of San
Juan Capistrano and its officers, employees, and agents from and against
any claim, action, or proceeding against the City of San Juan Capistrano,
its officers, employees, or agents to attack, set aside, void, or annul any
approval or condition of approval of the City of San Juan Capistrano
concerning this project, including but not limited to any approval or
condition of approval of the City Council, Planning Commission, or City
Planner. The City shall promptly notify the applicant of any claim, action,
or proceeding concerning the project and the City shall cooperate fully in
the defense of the matter. The City reserves the right, at its own option, to
choose its own attorney to represent the City, its officers, employees, and
agents in the defense of the matter.
4- - The applicant shall be responsible for informing all subcontractors,
consultants, engineers, or other business entities providing services
related to the project of their responsibilities to comply with these
conditions of approval and all pertinent requirements in the San Juan
Capistrano Municipal Code, including the requirement that a business
license be obtained by all entities doing business in the City.
5. - The applicant shall submit to the Planning Department a letter requesting
approval of a selected replacement tree suited to the planting area, and at
a minimum 15 gallon in size, subject to final review and approval by the
Planning Director.
6. - The applicant shall contact the Planning Department for final inspection
after the tree has been removed and the new tree has been planted, prior
to the expiration date.
s Responsible Agency: PLN = Planning Department