Loading...
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