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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