PC Resolution-07-10-09-02PC RESOLUTION NO. 07-10-9-2
TREE REMOVAL PERMIT (TRP) 07-109
AN ACTION OF THE PLANNING COMMISSION OF THE CITY OF SAN
JUAN CAPISTRANO APPROVING A TREE REMOVAL PERMIT FOR 9
(NINE) SUGAR GUM EUCALYPTUS TREES AND 1 (ONE) SILVER
DOLLAR GUM EUCALYPTUS TREE LOCATED WITHIN A LANDSCAPE
EASEMENT ON THE WEST SIDE OF AVENIDA SIEGA (CITY OF SAN
JUAN CAPISTRANO FOR MISSION SPRINGS 'LANDSCAPE
MAINTENANCE DISTRICT).
Whereas, the Mission Springs Residential Community is requesting
that the City remove 9 (nine) sugar gum eucalyptus trees and 1 (one) silver dollar
gum eucalyptus tree located within a landscape easement on the west side of
Avenida Siega. The area is generally located generally located 700 feet south of
Ortega Highway; 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)):
Pursuant to Section 9-2.349 (c)(6), there is sufficient justification for
removing the trees because the trees have caused an excessive nuisance
problem by dropping branches and limbs into private property and have
caused property damage to the perimeter community wall.
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, property and general public safety if preserved.
PC Resolution 07-10-9-2 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
v
Robert Card a, Chairman
Grant Taylor, ssistant Planning Director
P:\Planning\Projects\TREE REMOVAL PERMITS\Trp07-109-Mission Springs\TRP 07-109 PC reso 90ctO7 rvsd.doc