PC Resolution-10-11-23-03PC RESOLUTION NO. 10-11-23-03
TREE REMOVAL PERMIT (TRP) 10-076
LOMA VISTA OWNERS ASSOCIATION
AN ACTION OF THE PLANNING COMMISSION OF THE CITY OF SAN
JUAN CAPISTRANO APPROVING A TREE REMOVAL PERMIT FOR 121
TREES, LOCATED IN THE LOMA VISTA OWNERS ASSOCIATION
COMMON AREAS. (TRACT 12829)(LOMA VISTA OWNERS
ASSOCIATION). ,
Whereas, Nancy Cangiano representing the Loma Vista Owners
Association is requesting approval to remove 121 trees adjacent throughout the
private community. The property is generally located at Via Cerro Rebal, on the east
side of La Novia Avenue. The subject property has a General Plan Designation of
Medium Low Density (MLD) and is zoned Planned Community (PC); and,
Whereas, Loma Vista Owners Association is the owner of real property
located in Tract 12829; 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 November 23, 2010, the Planning Commission
conducted a public meeting to review the proposed project.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby approve the project
(TRP10-076), subject to the conditions of approval, specifically to refer a final
detailed replanting plan and palette to the Design Review Committee, set forth in
Exhibit A, attached hereto and incorporated herein, based on substantiation that is
provided in the staff report dated November 23, 2010, and based on the following
findings pursuant to the Land Use Code (Section 9-2.349(e)):
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 the landscape area cannot accommodate
the root growth of many of the existing trees and documentation has been
presented to the Planning Commission demonstrating these conditions; and,
PC Resolution 10-11-23-03 2 November 23, 2010
2. Many trees are an unsuitable variety for the site in that the species is not a
native variety, is not in keeping with the community character of San Juan
Capistrano, is of an invasive species, or otherwise conflicts with the intent of
the Tree Removal ordinance;
3. Replacement trees have been proposed to maintain the urban canopy and
the replacement trees are more appropriate to the site. The appropriateness
of said replants shall be confirmed by the Design Review Committee, as
identified in the conditions of approval.
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, December 8, 2010.
PASSED, APPROVED AND ADOPTED this 23rd day of November,
2010, by the following vote, to wit:
AYES: Chairman Cohen, Commissioners Williams, Kerr, Neely, Mocalis, and
Tatarian
NOES:
ABSTAIN:
ABSENT: Vice -Chair Ratcliffe
Sheldon Cohen, Chairman
I'
Principal Planner, Secretary
*:/:113iik_1W
RESOLUTION #: 10-11-23-03
CONDITIONS OF APPROVAL
Project #: Tree Removal Permit (TRP) 10-076
Project Name: Loma Vista Owners Association
APPROVAL DATE: November 23, 2010
EFFECTIVE DATE: December 8, 2010
EXPIRATION DATE: December 8, 2011
These conditions of approval apply to Tree Removal Permit (TRP) 10-076, an
application to remove 121 trees of various sizes. The subject trees are located within
the Loma Vista Owners Association. (Tract 12829). 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 10-076 is granted to remove 121 trees of various sizes. The subject
trees are located within the Loma Vista Owners Associations. 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 Development Services Director to be in substantial
conformance with the approved tree removal, 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 December 8, 2011, (12)
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. The applicant shall submit a revised planting plan to be reviewed and
approved by the Design Review Committee. The submittal for DRC review
shall include locations and species of all existing trees (including those
that are proposed to be removed and protected in place). The replanting
plan shall identify the locations, sizes, and species of all replants. The
DRC shall confirm that the replanting plan maintains an adequate urban
Planning Commission Resolution 10-11-23-03 Final Conditions of Approval
TRP 10-076 page 2 of 2
canopy for the community and that the palette is features California -
friendly, drought tolerant species which are appropriate for the Loma Vista
Community. Should the DRC find the replanting plan inadequate, the
project shall be referred back to the Planning Commission for
consideration of denial.
3. Once tree removal commences, the applicant shall, within six months,
complete all planting in accordance with the replanting plan approved by
the Design Review Committee.
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 Acceptance of Conditions of Approval:
Date: I I.13I!►
Applican Signatur
Applicants name / title (print) " jcaxj y e -w.0 e�