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