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PC Resolution-07-12-11-02PC RESOLUTION NO. 07-12-11-2 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 5 EUCALYPTUS (BLUE GUM) TREES LOCATED AT THE BASE 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 seven (7) Eucalyptus (Blue Gum) trees with a diameter of 16 to 29 inches that are located at the base 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 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 December 11, 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 December 11, 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 07-12-11-2 December 11, 2007 3. The request is consistent with Goal #2 of the City's Equestrian and Hiking Trail Design Manual which states that "The equestrian/hiking trail system should be designed and implemented in such a manner as to protect the environment, the public safety and welfare of the commurrty". NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano only approves the removal of trees numbers 3, 5, 6, 7, and 8 and other trees that pose a possible safety or liability issue, All other trees shall be reviewed by staff and forwarded to the Planning Commission for consideration at a future date. 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 26, 2007. PASSED, APPROVED AND ADOPTED this 11th day of December, 2007, by the following vote, to wit: AYES: Chairman Cardoza, Vice Chairman Cohen, Commissioners Nelly, Kerr NOES: None ABSTAIN: None ABSENT: Commissioner Ratcliffe Robert Gama, Chairman Grant Taylor, ist t Planning Director, Secretary P:1P1anning\Projects\TREE REMOVAL PERMFaTrp07-108-Belford Terrace TraikTRP 07-108 PC reso 07-12-11-2 11 DecN.doc