Resolution Number 09-05-05-04RESOLUTION NO. 09-05-05-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA APPROVING A TREE REMOVAL PERMIT
FOR NINETEEN FICUS TREES, AT 32302 ALIPAZ STREET, ADJACENT
TO ALIPAZ STREET (APN 121-171-29 AND 121-171-30)
(SAN JUAN MOBILE ESTATES).
WHEREAS, Ted Roberts of San Juan Mobile Estates is requesting approval to
remove nineteen (19) Ficus trees adjacent to Alipaz Street. The property is generally
located 1,000 feet south of Del Obispo at 32302 Alipaz Street. The subject property
has a General Plan Designation of Medium High Density (MHD) and is zoned Mobile
Home Park (MHP); and,
WHEREAS, Millennium Housing Corporation is the owner of real property
located at 32302 Alipaz St. APN 121-171-29 and 121-171-30; 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 determined the project to be
exempt from environmental review pursuant to Section 15301 Class 1(h) of the
California Environmental Quality Act (CEQA) and has prepared a Notice of
Exemption; and
WHEREAS, on April 14, 2009, the Planning Commission conducted a duly
noticed public meeting pursuant to Section 9-2.339 of the Municipal Code to
consider public testimony on the proposed project and could not reach a decision by
majority vote; and,
WHEREAS, on May 5, 2009, City Council conducted a duly noticed public
meeting pursuant to Section 9-2.339 of the Municipal Code to consider public
testimony on the proposed project.
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of San
Juan Capistrano does hereby approve the project (TRP09-021), subject to the
conditions of approval .set forth in Exhibit A, attached hereto and incorporated herein,
based on substantiation that is provided in the staff report dated May 5, 2009, and
based on the'following findings pursuant to the Land Use Code (Section 9-2.349(e)):
1. Pursuant to Section 9-2,349 (e)(1), the trees proposed for removal are
unsuitable to the planting area in that the area is too small to accommodate
the height, diameter of trunk or canopy, or root zone of the tree, or excessive
trees exist on the site and require thinning to maintain tree health because
1 05-05-2009
the landscape area cannot accommodate the shallow root growth of the
existing Ficus trees and staff has observed damage to the existing block wall,
forcing demolition of the wall; and,
2.. Pursuant to Section 9-2.349 (e)(4), replacement trees have been proposed
maintain _ the urban. -canopy __and . the. -replacement __trees.. are- more
appropriate to the site. The removal of the trees is subject to approval of the
replanting plan by the Design Review Committee.
PASSED, APPROVED AND ADOPTED this 5t' day of May, 2009.
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MA K N ELSEIb, MAYO
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do
hereby certify that the foregoing Resolution No. 09-05-05-04 was duly adopted by the City
Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 5'" day of
May 2009, by the following vote:
AYE OUNCIL MEMBERS: Allevato, Freese, Hribar, Uso and Mayor Nielsen
NO OUNCIL MEMBER: None
AB E� OUNPIL MEMBER: None
T MMU
2 5-5-2009
Project #:
Project Name:
APPROVAL DATE:
EFFECTIVE DATE:
EXPIRATION DATE:
RESOLUTION #: 09-05-05-04
Exhibit A
CONDITIONS OF APPROVAL
Tree Removal Permit (TRP) 09-021
San Juan Mobile Estates
May 5, 2009
May 5, 2009
May 5, 2010
These conditions of approval apply to Tree Removal Permit (TRP) 09-021, an
application to remove nineteen (19) Ficus trees of various sizes. The subject trees are
located in San Juan Mobile Estates Mobile Home Park, 32302 Alipaz St., adjacent to
Alipaz St. APN (121-171-29 and 121-171-30). For the purpose of these conditions, the
term "applicant" shall also mean the developer, the owner or any successor(s) in
interest to the terms of this approval.
General Conditions:
1. TRP 09-021 is granted to remove nineteen (19) Ficus trees of various
sizes. The subject trees are located in San Juan Mobile Estates Mobile
Home Park, 32302 Alipaz St., adjacent to Alipaz St. APN 121-171-29 and
121-171-30).. The proposed tree removal is approved as submitted and
conditioned herein, and shall not be further altered unless reviewed and
approved by the affected city departments. Minor modifications to this
approval which are determined by the Community Development Director
to be in substantial conformance with the approved tree removal, may be
approved by the Community Development Director upon submittal of an
application and the required fee. If not acted upon, the TRP approval shall
expire May 5, 2010 (12) months after the date of the approval unless the
tree removal has taken place and all conditions of approval have been
met, or a time extension has been granted by the City. Any application for
an extension of time shall be submitted to the Community Development
Department, along with the required fee, at least ninety (90) days prior to
the expiration date of this approval, except as otherwise approved by the
Community Development Director.
2. The applicant shall submit a replanting plan for review by the Design
Review Committee. Upon approval by the DRC of a replanting plan, the
applicant may begin removal of the trees.
Resolution. '09-05-05-04 Final Conditions of Approval
TRP 09-021 May 5, 2009
Page 2 of 2
3. Once tree removal commences, the applicant shall have (6®) days to
replant in accordance with the approved replanting plan approved by DRC
per the May 5, 2009 City Council direction.
4. Approval of this application does not relieve the applicant from complying
with other applicable Federal, State, County or City regulations or
requirements.
5. The applicant shall defend, indemnify, and hold harmless the City of San
Juan Capistrano and its officers, employees, and agents from and against
any claim, action, or proceeding against the City of San Juan Capistrano,
its officers, employees, or agents to attack, set aside, void, or annul any
approval or condition of approval of the City of San Juan Capistrano
concerning this project, including but not limited to any approval or
condition of approval of the City Council, Planning Commission, or City
Planner. The City shall promptly notify the applicant of any claim, action,
or proceeding concerning the project and the City shall cooperate fully in
the defense of the matter. The City reserves the right, at its own option, to
choose its own attorney to represent the City, its officers, employees, and
agents in the defense of the matter.
6. The applicant shall be responsible for informing all subcontractors,
consultants, engineers, or other business entities providing services
related to the project of their responsibilities to comply with these
conditions of approval and all pertinent requirements in the San Juan
Capistrano Municipal Code, including the requirement that a business
license be obtained by all entities doing business in the City.
Applicant
End of Conditions
Date