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PC Resolution-11-11-08-02PC RESOLUTION NO. 11-11-08-02 TREE REMOVAL PERMIT (TRP) 11-071 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO DENYING A TREE REMOVAL PERMIT FOR ONE BLUE GUM EUCALYPTUS TREE AND REQUIRING THE REPLANTING OF THE MISSION BASILICA PARKING LOT LOCATED AT 31522 CAMINO CAPISTRANO (APN 124-180-06). Whereas, Craig Springer of Mission Basilica San Juan Capistrano is requesting approval to remove eight (8) California Pepper (schinus molle) trees in the Mission Basilica Parking lot, generally located at the southwest corner of EI Camino Real and Acjachema Street, and two (2) Blue Gum Eucalyptus (eucalyptus globulus), generally located near the southwest end of the Pastoral Center in the maintenance shop yard, approximately 600 feet north of Ortega Highway. The Mission Basilica Property is located at 31522 Camino Capistrano (APN 124-180-06). The subject property has a General Plan Designation of Public and Institutional (P&I) and is zoned Public and Institutional (P&I); 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 15061 Class 1(h) of the California Environmental Quality Act (CEQA) and has prepared a Notice of Exemption; and, Whereas, the Development Services Director determined that one (1) Blue Gum Eucalyptus and eight (8) California Pepper Trees were exempt from permit on October 28, 2011 and November 1, 2011, respectively, pursuant to Section 9-2.349(b)(3) Exemptions of .the Municipal Code; and, Whereas, on November 8, 2011, the Planning Commission conducted a duly noticed public meeting pursuant to Section 9-2.302 of the Municipal Code to consider public testimony on the proposed project. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano does hereby deny the request to remove (1) Blue Gum Eucalyptus (Tree #3) and requiring the replanting of the Mission Basilica parking lot 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 November 8, 2011, and based on the following finding pursuant to the Land Use Code (Section 9-2.349(e)): PC Resolution 11-11-08-02 2 November 8, 2011 1. Pursuant to Section 9-2.349 (e)(4), Where appropriate, replacement trees have been proposed to maintain the urban forest canopy and the replacement trees are more appropriate to the site and to the planting area. EFFECTIVE DATE & EXPIRATION DATE: This project action shall become final and effective following expiration of the fifteen (15) day appeal period without filing of an appeal, and the appeal period shall expire at 5:00 p.m., Wednesday, November 23, 2011. PASSED, APPROVED AND ADOPTED this 8th day of November, 2011, by the following vote, to wit: AYES: Chairman Cohen, Vice -Chair Ratcliffe, Commissioners Williams, Kerr, and Parkhurst NOES: None Sheldon Cohen, Chairman iam A. Ramsey, Al , Princip lanner Secretary RESOLUTION #: 11-11-08-02 Exhibit A CONDITIONS OF APPROVAL Project #: TRP 11-071 Project Name: Mission Basilica San Juan Capistrano APPROVAL DATE: EFFECTIVE DATE: EXPIRATION DATE: November 08, 2011 November 23, 2011, May 23, 2012 These conditions of approval apply to Tree Removal Permit # 11-071, an application to remove eight (8) California Pepper (schinus molle) in the Mission Basilica parking lot, generally located at the southwest corner of EI Camino Real and Acjachema Street, and two (2) Blue Gum Eucalyptus (eucalyptus globulus) generally located near the southwest end of the Pastoral Center in the maintenance shop yard, approximately 600 feet north of Ortega Highway. The Mission Basilica Property is located at 31522 Camino Capistrano (APN 124-180-06) The subject property has a General Plan Designation of Public and Institutional (P&I) and is zoned Public and Institutional (P&I). 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 11-071 approval is granted to replant the Mission Basilica Parking lot and deny the request to remove Eucalyptus tree #3 based on the application materials submitted by Mission Basilica San Juan Capistrano on October 3, 2011. Minor modifications to this approval which are determined by the Development Services Director to be in substantial conformance with the approved project, may be approved by the Development Services Director upon submittal of an application and the required fee. If not appealed, this approval shall become effective on the first business day following the fifteenth (15th) day after the date of the Planning Commission's approval and shall expire May 8, 2012 (6) months after the effective 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 Development Services 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 Development Services Director. 2. Approval of this application does not relieve the applicant from complying with other applicable Federal, State, County or City regulations or requirements. Planning Commission Resolution 11-11-08-02 Final Conditions of Approval TRP 11-071 November 8, 2011 Page 2 of 2 3. 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. 4. 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. 5. The applicant shall submit to the Development Services Department a landscape plan that contains all replacement tree(s), shrubs and groundcover subject to review and approval by the Planning Commission within sixty (60) days of the approval date. 6. The applicant shall contact the Development Services Department for final inspection after the new approved replacement plan has been planted, prior to the expiration date of this approval. 7. Prior to the commencement of any work, the applicant shall contact the Engineering Department to secure any required encroachment permits. End of Conditions