Resolution Number 86-9-16-5RESOLUTION NO. 86-9-16-5
APPEAL OF TREE INSPECTOR'S DECISION - CAPISTRANO VILLAS #3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, DENYING THE APPEAL OF THE
TREE INSPECTOR'S DECISION, A REQUEST TO REMOVE 81 TREES
LOCATED IN THE COMMON ALLEYS OF THE CAPISTRANO
VILLAS #3 DEVELOPMENT
WHEREAS, the applicant, Capistrano Villas Homeowners' Association #3, P.O.
Box 3936, Laguna Hills, CA, has submitted an appeal to the decision of the tree
inspector, requesting the removal of 81 trees in the common alleys of Capistrano Villas
#3 development in the Planned Residential Development District; and,
WHEREAS, a tree removal permit application was submitted requesting the
removal of 84 trees; and
WHEREAS, an individual inspection of 81 trees was conducted, on May 20,
1986, at which time it was determined that in three cases significant asphalt damage
could warrant removal and replacement, fifty-nine trees had caused minimal damage to
the asphalt which could be repaired without the removal of trees, and nineteen trees had
caused no significant damage; and,
WHEREAS, the applicant, Capistrano Villas Homeowner's Association #3, has
formally appealed to the City Council, the actions by the tree inspector; and,
WHEREAS, City staff has investigated the project Tract 7160 files for
Capistrano Villas #3 Homeowners' Association and made the following findings:
(A) A landscape plan was submitted as a part of the original development
approval.
(B) This landscape plan incorporated a buffering concept which required that
a tree be located at the end of each walkway and the planting of two
additional trees per building to be installed in the spaces between the
garage doors.
(C) Trees would also be planted between the buildings in the cases where
trees are not in existence.
(D) That A, B and C, above, were collectively intended as measures to
mitigate the visual impact of the building elevations and to provide relief
to the long stretches of pavement in the alleys.
WHEREAS, the request does not meet the criteria for tree removal per Section
9-2.308 of the Municipal Code; and,
WHEREAS, the removal of the subject trees would be in direct conflict with
the goals and objectives of the General Plan to maintain a rural village -like community.
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392- NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
San Juan Capistrano, does hereby deny the appeal to the actions of the tree inspector.
PASSED, APPROVED, AND ADOPTED this 16th day
Of September , 1986.
G` r
KENNETH E. FRIESSj MAYOR
7
ATTEST:
CITY CLER
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano,
California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of
Resolution No. 86-9-16-5 adopted by the City Council of the City of San Juan
Capistrano, California, at a regular meeting thereof held on the 16th day
of September , 1986, by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
and Hausdorfer
NOES: None
ABSENT: Mayor Friess
(SEAL)
NfARY ANN H R, CITY CLERK
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