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2023-15 (EG)RESOLUTION NO. PC-2023-15 A RESOLUTION OF THE CITY OF ENCINITAS PLANNING COMMISSION APPROVING A REQUEST FOR A CANARY DATE PALM (PHOENIX CANARIENSIS) TO BE GRANTED HERITAGE TREE STATUS ON MOONLIGHT STATE BEACH (APN 258-042-30) CASE NO. HTREE-003531-2019 (MOONLIGHT STATE BEACH) WHEREAS, Tanner McConlogue submitted an application for the nomination of a Canary Date Palm tree as a Heritage Tree, located on Moonlight State Beach; WHEREAS, the process for considering nominations for Heritage Tree status is identified within Section 9.00 of the City of Encinitas Urban Forest Management Program – Administrative Manual; and WHEREAS, a tree nominated for Heritage Tree status shall meet at least one of the criteria identified within Section 9.10(C) of the City of Encinitas Urban Forest Management Program – Administrative Manual; WHEREAS, the UFAC considered the request, determined that the nominated tree did meet one of the required criteria, and recommended Heritage Tree status at their meeting of January 23, 2020; and WHEREAS, the California State Department of Parks and Recreation’s Environmental Review Memorandum, date stamped September 28, 2022, approved the project to proceed with conditions; WHEREAS, the Planning Commission considered the UFAC recommendation for approval at their meeting of August 3, 2023. NOW, THEREFORE, BE IT RESOLVED that the Encinitas Planning Commission hereby APPROVES Case No. HTREE-003531-2019 based on the following Environmental Determination and Findings: Section 1. California Environmental Quality Act Determination The request is exempt from environmental review pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) when it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment and the activity is not subject to CEQA. None of the exceptions in Section 15300.2 exists. Section 2. Discretionary Action(s) Findings Based on the findings for a Heritage Tree nomination, as per Section 9.00 of the Urban Forest Management Program – Administrative Manual Procedures and the aforementioned analysis, the Planning Commission has made the following findings to support the approval: Heritage Tree Findings Explanation of Finding 1. It is one of the oldest and largest of its species located in Encinitas; The Canary Date Palm is one of the oldest and largest of its species located in Encinitas. The tree is DocuSign Envelope ID: 58FB4722-35C6-4850-B187-0BE8EE90D40C estimated to be more than 50 years old, 60-feet tall, and in good health. 2. It is a tree of unique form or species; The tree species is common but the location of it is unique. It is located in the middle of Moonlight State Beach. 3. It has historic significance due to an association with a historic building, site, street, person or event; or The Canary Date Palm has historical significance because of its unique location in the middle of Moonlight Beach. This tree has become a well-known symbol for the area and can be seen in many business logos, artwork and is a visual icon for the area. 4. It is a defining landmark or significant outstanding feature of a neighborhood. The Canary Date Palm is a defining feature of Moonlight beach. It is the only tree located on the beach, and its prominent location creates a significant iconic and recognizable visual landmark within the community. PASSED AND ADOPTED this 3rd day of August 2023, by the following vote, to wit: AYES: Dalton, Prendergast, Ryan, Sherod NOES: None ABSTAIN: None ABSENT: Doyle _________________________ Steve Dalton, Vice-Chair ATTEST: _________________________ Anna Colamussi Secretary NOTE: This action is subject to Chapter 1.04 of the Municipal Code, which specifies time limits for legal challenges. DocuSign Envelope ID: 58FB4722-35C6-4850-B187-0BE8EE90D40C