PC Resolution-08-10-14-01PC RESOLUTION NO. 08-10-14-1
ARCHITECTURAL CONTROL (AC) 08-31.
TREE REMOVAL PERMIT (TRP) 08-104
AN ACTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO APPROVING THE REMOVAL FOR NINETEEN EUCALYPTUS
TREES LOCATED ALONG THE PROPERTY LINE BETWEEN THE
SYCAMORE BUSINESS PARK AND CITY HALL. THE PROJECT SITE IS
LOCATED AT 32236 & 32244 PASEO ADELANTO (APN 668-101-
13)(SPAULDING PROPERTIES)
Whereas, Sycamore Business Park is requesting approval to, remove
nineteen (19) Eucalyptus trees that are located along the property line between
the Sycamore Business Park and City Hall, generally located 1,680 feet south of
Del Obispo Street. The subject property has a General Plan Designation of
Quasi Industrial (QI) and is zoned Commercial Manufacturing (CM); 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 October 14, 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
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 October 14, 2008, and based on the following finding pursuant,to the Land
Use Code (Section 9-2.349(e)):
1. Pursuant to Section 9-2.349 (e)(1), there is sufficient justification for
removing the trees because the trees are unsuitable to the planter. area in that
the area is too small to accommodate the canopy and root zone of such trees
that typically require broader growing areas;
2. Pursuant to Section 9-2.349 (e)(3), there is sufficient justification for
removing the trees because removal of the trees will not have an adverse impact
on adjacent properties or the general welfare in that its removal will not adversely
impact views, public streetscapes, or other aesthetic considerations. The trees
will be replaced with trees that are native species and that are suitable to the
planting area that exists between both properties;
3. Pursuant to Section 9-2.349 (e)(4), there is sufficient justification for
removing the trees because removal of the trees will allow for replacement trees
that are more appropriate to the site and to the planting area and will maintain
the urban forest canopy;
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, October 29, 2008. This project approval shall be valid for a period
of 6 months from the date ,of approval of this resolution, and shall expire on April
14, 2009.
PASSED, APPROVED AND ADOPTED this 14th day of October, 2008,
by the following vote, to wit:
AYES: Chair Sheldon Cohen, Vice Chair Gene Ratcliffe, and
Commissioner Ginny Kerr.
NOES: None
ABSTAIN: None
ABSENT: Commissioner Robert Cardoza and Commissioner Tim
Neely.
— <L- (-,
Sheldon Cohen, Ch irman
I
Grant Taylor, As6Ktant Community
Development Director
PACommunity Development\Projects\AC PROJECTS 2000-Wc0831-Spaulding Properties Trees\Ac0831 PC reso
140ct08.doc
RESOLUTION #: 08-10-14-1
Exhibit A
CONDITIONS OF APPROVAL
Project #: AC 08-31 & TRP 08-104
Project Name: Spaulding Properties (Sycamore Business Park)
APPROVAL DATE: October 14, 2008
EFFECTIVE DATE: October 29, 2008
EXPIRATION DATE: April 14, 2009
These conditions of approval apply to AC 08-31 & TRP 08-104, an application to
remove nineteen (19) Eucalyptus trees that are located along the property line between
the Sycamore Business Park and City Hall, generally located 1,680 feet south of Del
Obispo Street. The subject property has a General Plan Designation of Quasi Industrial
(QI) and is zoned Commercial Manufacturing (CM). 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. AC 08-31 & TRP 08-104is granted to remove nineteen (19) Eucalyptus
trees that are located along the property line between the Sycamore
Business Park and City Hall, generally located 1,680 feet south of Del
Obispo Street. 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 Planning 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 April 14, 2009 (6)
months after the effective date.
f 2: - Approval of this application doesnotrelieve the applicant from complying
with other applicable Federal, State, County or City regulations or
4 requirements.
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
Planning Commission Resolution 08-10-14-1 Final Conditions of Approval
AC 08-31 & TRP 08-104 October 14, 2008
Page 2 of 2
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 a replacement landscape plan to the
Community Development Director for review and approval by the Planning
Commission. Said plan shall include native tree species and foundation
plant material and shall be submitted and approved prior to the removal of
any trees.
End of Conditions
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140ct08.doc