PC Resolution-08-07-08-01PC RESOLUTION NO. 08-07-08-01
TREE REMOVAL PERMIT (TRP) 08-036
AN ACTION OF THE PLANNING COMMISSION OF THE CITY OF SAN
JUAN CAPISTRANO APPROVING A TREE REMOVAL PERMIT FOR ONE
SILVER. DOLLAR GUM EUCALYPTUS TREE WITH A DIAMETER OF
THIRTY-EIGHT (38) INCHES, AT 32302 ALIPAZ STREET, SPACE 182
(APN 121-171-29)(SAN JUAN MOBILE ESTATES).
Whereas, Ted Roberts of San Juan Mobile Estates is requesting
approval to remove one (1) Silver Dollar Gum Eucalyptus trees with a diameter of
thirty-eight (38) inches. 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 (id HD) and is zoned Mobile Home Park (MHP); 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 July 8, 2008, 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.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby approve the project
(TRP08-036), 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 July 8, 2008, and based on the following finding pursuant to the Land
Use Code (Section 9-2.349(c)):
1. Pursuant to Section 9-2.349 (c)(6), there is sufficient justification for
removing the tree because it is causing visible property damage to the
existing driveway of space #182.
2. Pursuant to Section 9-23.49 (c)(9), the tree poses possible future hazards to
pedestrians and the general public.
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, July 23, 2008.
PC Resolution 08-07-08-01 2 July 8, 2008
PASSED, APPROVED AND ADOPTED this 8th day of July, 2007, by
the following vote, to wit:
AYES: . Chairman Cohen, Commissioners Cardoza, Kerr, and Ratcliffe
NOES:
ABSTAIN:
ABSENT:
�5� '("' .
Sheldon Cohen, Chairman
Grant Taylor
Assistant Community Development Director
P:\Community Development\Projects\TREE REMOVAL PERMITS\TRP08-036 San Juan Mobile Estates\TRP 08-036 draft PC reso.doc
RESOLUTION #: 08-07-08-01
Exhibit A
CONDITIONS OF APPROVAL
Project #: Tree Removal Permit (TRP) 08-036
Project Name: San Juan Mobile Estates
APPROVAL DATE: July 8, 2008
EFFECTIVE DATE: July 23, 2008
EXPIRATION DATE: January 23, 2009
These conditions of approval apply to Tree Removal Permit # 08-036, an application to
remove one (1) Silver Dollar Gum Eucalyptus; with a diameter of approximately thirty-
eight (38) inches and located at Space 182. 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).
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. 6-�TR P 08-036 is granted to remove one (1) Silver Dollar Gum Eucalyptus
with a thirty-eight (38) inch diameter. This approval is granted based on
the application materials submitted by Ted Roberts, representative for San
Juan Mobile Estates. 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 Planning
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 appealed, this approval shall
become effective on the first business day foliowing the fifteenth (15"') day
after the date of the Planning Commission's. approval and shall expire
January 23, 2009 (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 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.
Planning Commission Resolution 08-07-08-09 Final Conditions of Approval
TRP 08-036 July 8, 2008
Page 2 of 2
2. 6��Prior to - removal, the applicant shall submit a replanting plan to the
Community Development Department. The replanting plan is subject to
the approval of the Planning Director or his designee. Once the tree is.
removed, the applicant shall have sixty (60) days to replant according the
replanting plan approved by Community Development Director.
3. Approval of this application does not relieve the applicant from complying
with other applicable Federal, State, County or City regulations or
requirements.
4. 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.
5. 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 Date
End of Conditions
E