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