PC Resolution-07-10-09-01PC RESOLUTION NO. 07-10-9-1
TREE REMOVAL PERMIT (TRP) 07-108
AN ACTION OF THE PLANNING COMMISSION OF THE CITY OF SAN
JUAN CAPISTRANO APPROVING A TREE REMOVAL PERMIT FOR
THREE EUCALYPTUS (BLUE GUM) TREES LOCATED AT THE TOP OF A
SLOPE WITHIN AN EQUESTRIAN EASEMENT ALONG THE BELFORD
TERRACE TRAIL (APN 650-019-223)(CITY OF SAN JUAN CAPISTRANO).
Whereas, the City's, Recreation and Equestrian Commission (PR&E)
is requesting that the City refurbish the Belford Terrace Trail by removing three (3)
Eucalyptus (Blue Gum) trees with a diameter of 24 to 36 inches that are located at
the top of the slope. The subject trees are located within an equestrian easement on
the north side of the Belford Terrace equestrian trail which links the Rancho Madrina 1f
trail system to the San Juan Creek trail system. The area is generally located 200
feet north of Ortega Highway along the trail easement and is located within the RS -
10,000 zone district; 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 9, 2007, 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 October 9, 2007, 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 trees because the trees have caused excessive nuisance
problems by impeding the path of travel for equestrian and trail users; and,
2. 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 and general public safety if preserved.
PC Resolution 07-10-9-1 2 October 9, 2007
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 24, 2007.
PASSED, APPROVED AND ADOPTED this 9th day of October, 2007,
by the following vote, to wit:
AYES: Chairman Cardoza, Vice Chairman Cohen, Commissioners
Ratcliffe, Neely and Kerr.
NOES: None
ABSTAIN: None
ABSENT: None
Robert Cardoza, Chairman
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Grant Taylor, As istant Planning Director
P:\Planning\Projects\TREE REMOVAL PERMITS\Trp07-108-Belford Terrace Trail\TRP 07-108 PC reso 90ct07.doc