PC Resolution-05-12-13-02PC RESOLUTION NO. 05-1 2-1 3-2
TREE REMOVAL PERMIT (TRP) 05-168
AN ACTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO DENYING A TREE REMOVAL PERMIT FOR ONE ASH TREE
LOCATED AT 32141 VIA ALICIA (APN 673-122-22).
Whereas, Richard Gartner has requested approval to remove one (1)Ash tree,
with a measured diameter of twenty-seven (27) inches and a height of approximatelyfifty (50)
feet and replace it with an Avocado tree consistent with the existing tree palette. The subject
tree is located within the rear yard of the property located at 32141 Via Alicia. The property is
commonly referred to as Assessor Parcel Number 673-122-22, which has a General Plan
designation of Medium Low Density (MLD), and a Zoning designation of RS-10,000; 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, 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 does hereby find that the request to remove one (I) Ash tree
does not meet the criteria contained in Section 9-2.349(c), and the Planning Commission
does hereby deny the request to remove one (1) Ash tree based on the finding that removal
of the tree would have adverse visual impacts on adjoining properties and streets, including
the decrease in visual buffering and in the overall urban forest canopy of the surrounding
area.
EFFECTIVE DATE & FINAL APPROVAL: This project denial shall become
effective following expiration of the fifteen (15) day appeal period without filing of an appeal
application pursuant to Section 9-2.311 of Title 9, Land Use Code. The fifteen (15) day
appeal period shall expire at 5:OO p.m. Wednesday, December 28, 2005.
PASSED, APPROVED AND ADOPTED this 13th day of December, 2005, by
the following vote, to wit:
v
AYES: Commissioner Ratcliffe, Vice Chairman Cardoza and Chairman Neely
NOES:
ABSTAIN:
ABSENT: Commissioners Cohen and Drey
Molly Bow, Sddretary