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PC Resolution-04-02-10-02PC RESOLUTION NO. 04-2-1 042 TREE REMOVAL PERMIT 03-162 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 A TREE LOCATED AT 32371 ALIPAZ STREET, SPACE #I02 (RANCHO ALIPAZ MOBILE HOME PARK). Whereas, Rancho Alipaz Mobile Home Park, 32371 Alipaz Street, has requested approval of Tree Removal Permit 03-162 to allow the removal of a large (25” dia.) eucalyptus tree. The subject tree is located at 32371 Alipaz, space 102, in the (MHP) Mobil Home Park Residential District and General Plan designated as (2.4 Medium High Density; 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 1 h categorical exemption and caused a Notice of Exemption to be posted pursuant to Section 15062 of the CEQA Guidelines. v 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 January 10,2004 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 make the following findings: 1. The proposed project complies with all applicable provisions of the Land Use Code subject to the mitigation measures and conditions of approval contained in this resolution; and, NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano does hereby confirm issuance of a categorical exemption and approves the project subject to the following conditions of approval: PC Resolution 04-02-1 0-02 2 February 10,2004 - Conditions of ADDrOval 1. The applicant shall replace the large eucalyptus tree, with a tree of a variety more suited to the planting area and species approval by the Planning Director. EFFECTIVE DATE 4% 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 February 25,2004. PASSED, APPROVED AND ADOPTED this 10th day of February, 2004, by the following vote, to wit: AYES: Commissioner Allevato, Cardoza, Cohen, Ratcliffe and Chairman Neely NOES: None ABSTAIN: None ABSENT: None &l/@LzwCp~ mliam Ramsey, AICP, secreta (C:\My Wmnts\WdPerfect Documents\Tree Removal Permits\TRP 03-162 Alipaz MHP\trp0316P-PCres.wpd) c PC Meeting 8 February 10,2004 Commissioner Cohen reiterated that the Commissioners do not want to see an artificial entry statement created in the City. NEW BUSINESS 1. TREE REMOVAL PERMIT (TRP) 03-162. A REQUEST FOR THE PLANNING COMMISSION APPROVAL OF ATREE REMOVAL PERMIT FORA LARGE EUCALYPTUS TREE AT THE REAR YARD AT 32371 ALIPAZ STREET, SPACE #102. ADDlicant or ProDertv Owner Rancho Alipaz Mobile Home Park, 32371 Alipaz Street, San Juan Capistrano, CA 92675 Consultina Arborist Modern Tree Service, James J. Klinger, Arborist, P.O. Box 487, San Juan Capistrano, CA 92693 Written Communications Staff report dated February 10,2004. Staff presentation & recommendation Mr. Ramsey presented the request for approval to remove a large eucalyptus tree of over 24" in diameter at the rear of Space #102. Staff recommended removal with the condition that the tree be replaced with a more suitable species for the space constraints at the general location. - Public Hearinq Robert Smith, Rancho Alipaz Mobile Home Park, said he was in agreement with staff proposal. Commissioner Cardoza suggested that the replacement tree be approved by the Director of Planning. Commissioner Allevato asked if there were sufficient trees in the area and if the requirement could be waived to replace the tree. Commissioner Cohen asked if there is a requirement to replace a tree that is removed. Mr. Ramsey said it is not a requirement but has been a matter of City policy. Motion Chairman &hen moved, seconded by Commissioner Ratcliffe, approval of Resolution No. 04-2-1 0-2 to approve a tree removal permit for a tree located at 32371 Alipaz Street, Space #lo2 (Rancho Alipaz Mobile Home park). PC Meeting 9 February 10,2004 AYES: Commissioners Allevato, Cardoza, Cohen and Ratcliffe and Chairman Neely NOES: None ABSENT: None ABSTAIN: None This motion passed unanimously by a vote of 5-0. 2. CONSIDERATION OF PROJECT NOMINATIONS FOR THE FISCAL YEAR 2005/2011 SEVEN YEAR CAPITAL IMPROVEMENT PROGRAM [CIP). Written Communications Staff report dated February 10,2004. Motion Commissioner Cohen moved, seconded by Commissioner Allevato, for continuance of this Item to the February 24, 2004 Planning Commission Meeting. This motion passed unanimously by a vote of 5-0. COMMlSSlONlSTAFF COMMENTS Commissioner Cohen indicated that he may be able to attend the League of California Cities meeting March 31 - April 3, 2004. - Chairman Neely asked the Commission to pause for a moment of silence in remembrance of City Council Member John Gelff who recently passed away. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 1051 p.m. The next regular meeting is scheduled for Tuesday, February 24, at 7:OO p.m. in the Council Chambers. Approved: William Ramsey, AICP, Principal Planner Secretary /sm Panin2004feblO.wpd