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PC Resolution-08-02-26-01PC RESOLUTION NO. 08-2-26-1 TREE REMOVAL PERMIT (TRP) 08-008 AN ACTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRAN,O APPROVING A TREE REMOVAL PERMIT FOR 7 (SEVEN) RED IRON BARK EUCALYPTUS TREES LOCATED WITHIN BONITA PARK(CITY OF SAN JUAN CAPISTRANO). Whereas, the City is proposing to remove 7 (seven) Red Iron Bark trees located within Bonita Park. The subject trees are located at the south portion of the park, specifically at the corner of Via Del Rey and Avenida Olivera and generally located 800 feet south of Camino Del Avion; 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 February 26, 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; and, NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano does hereby approve the removal of the subject trees subject, based on substantiation that is provided in the staff report dated February 26, 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)(9), there is sufficient justification for removing the trees because the trees pose possible future hazards to pedestrians, property and general public safety if preserved. 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, March 12, 2008. PASSED, APPROVED AND ADOPTED this 26th day of February, 2008, by the following vote, to wit: AYES: Chairman Cardoza, Commissioners Cohen, Ratcliffe and Kerr NOES: None ABSTAIN: None ABSENT: Commissioner Neely 4j Robertrdoza, Chairm . JGrant Taylor, A stant Planning Director P:\Planning\Projects\TREE REMOVAL PERMIT&Trp08-008 Bonita ParKTRP 08-008 PC reso 26Feb08.doc