PC Resolution-08-12-09-02PC RESOLUTION NO. 08-12-9-2
TREE REMOVAL PERMIT (TRP) 08-120
AN ACTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO APPROVING THE REMOVAL FOR EIGHT AMERICAN SWEET
GUM (LIQUIDAMBAR. STYRACIFLUA) TREES LOCATED WITHIN
ARGUELLO WAY, SPECIFICALLY LOCATED BETWEEN CAMINO
CAPISTRANO AND THE MULTI -MODAL PARKING LOT (CITY OF SAN JUAN
CAPISTRANO)
Whereas, the City is proposing to remove 8 (eight) American Sweet Gum
(liquidambar styraciflua) trees located within Arguello Way, specifically located
between Camino Capistrano and the multi -modal parking lot.
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 December 9, 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 condition of approval incorporated herein, based on substantiation
that is provided in the staff report dated December 9, 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 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 requiring thinning to maintain
tree health;
2. Pursuant to Section 9-2.349 (e)(2), there is sufficient justification, for
removing the trees because The trees are an unsuitable variety 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 this ordinance;
3. 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.
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 24, 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 June 19, 2009.
The project shall be subject to the following condition of approval:
1. Prior to removal of the subject trees, a re -landscape plan and a removal
phasing plan shall be reviewed and approved by the Design Review
Committee (DRC).
PASSED, APPROVED AND ADOPTED this 9th day of December 9,
2008, by the following vote, to wit:
AYES: Chairman Cohen, Vice -Chairman Ratcliffe,
Commissioners Neely, Kerr and Cardoza
NOES: None
ABSTAIN: None
ABSENT: None
C --
Sheldon Cohen, Chairman
Grant Ta lor, sistant Community
Development Director
S:\Departments\Community Development\Department\Projects\TREE REMOVAL PERMITS\TRP.08-120 Arguello
Way\TRP 08-120 PC reso 9DecO8.doc