PC Resolution-06-11-14-03PC RESOLUTION NO. 06-11-14-3
TREE REMOVAL PERMIT (TRP) 06-112
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN JUAN CAPISTRANO APPROVING A TREE REMOVAL PERMIT FOR
ONE CALIFORNIA PEPPER (SCHINUS MOLLE) TREE, LOCATED AT
26801 ORTEGA HIGHWAY (APN 124-180-06).
Whereas, Mission San Juan Capistrano is requesting approval to
remove one (1) California Pepper (schinus molle) tree, with a diameter of
approximately sixty (60) inches. The subject tree is located at the south east corner
of the Mission property, at the intersection of Ortega Highway and EI Camino Real at
26801 Ortega Highway (APN 124-180-06). The subject property has a General Plan
Designation of Public and Institutional (P&I) and is zoned Public and Institutional
(P&I); 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 15061 Class 1(h) of the
California Environmental Quality Act (CEQA) and has prepared a Notice of
Exemption; and
Whereas, on November 14, 2006, 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.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby approve the project
subject to the conditions of approval set forth in Exhibit A, attached hereto and
incorporated herein, based on substantiation that is provided in the staff report dated
November 12, 2006, 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)(1), there is sufficient justification for
removing the tree because it exhibits poor health, significant die back in the
upper canopy area, and cannot be preserved because of age related factors.
2. Pursuant to Section 9-2.349 (c)(8), there is sufficient justification for
removing the tree because there is substantiated evidence in the record that
states that the tree is in a state of decline and unlikely that the health of the
tree will improve.
PC Resolution 06-11-14-3 2 November 14, 2006
Pursuant to Section 9-2.349 (c)(9), there is sufficient justification for
removing the tree because there is substantiated evidence in the record that
states that the decline of health is posing a hazard to traffic, pedestrians, and
general public.
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, November 29, 2006.
PASSED, APPROVED AND ADOPTED this 14th day of November,
2006, by the following vote, to wit:
AYES: Commissioners Neely, Ratcliffe, Drey and Cohen, Chairman Cardoza
NOES: None
ABSTAIN: None
ABSENT: None
Robert Car za, Chairman
William Cunningham, lrfferim Planning Director,
Secretary
P:\Planning\Archive\TREE REMOVAL PERMITS\TRP 06-112 SJC Mission\TRP 06-112 PC reso 14No06.doc
RESOLUTION #: 06-11-14-3
Exhibit A
CONDITIONS OF APPROVAL
Project #: TRP 06-112
Project Name: Mission San Juan Capistrano
APPROVAL DATE: November 14, 2006
EFFECTIVE DATE: November 29, 2006
EXPIRATION DATE: May 14, 2007
These conditions of approval apply to Tree Removal Permit # 06-112, an application to
remove one (1) California Pepper (schinus molle) tree, with a diameter of approximately
sixty (60) inches. The subject tree is located at the south east corner of the Mission
property, at the intersection of Ortega Highway and EI Camino Real at 26801 Ortega
Highway (APN 124-180-06). The subject property has a General Plan Designation of
Public and Institutional (P&I) and is zoned Public and Institutional (P&I). For the
purpose of these conditions, the term "applicant" shall also mean the developer, the
owner or any successor(s) in interest to the terms of this approval.
General Conditions:
TRP 06-112 is granted to remove one (1) California Pepper (schinus
molle) tree, with a diameter of approximately sixty (60) inches and
replacement with California Native/ Friendly shrubs and groundcover.
This approval is granted based on the application materials submitted by
Mission San Juan Capistrano on September 25, 2006. The proposed tree
removal is approved as submitted and conditioned herein, and shall not
be further altered unless reviewed and approved by the affected city
departments. Minor modifications to this approval which are determined
by the Planning Director to be in substantial conformance with the
approved tree removal, may be approved by the Planning Director upon
submittal of an application and the required fee. If not appealed, this
approval shall become effective on the first business day following the
fifteenth (15th) day after the date of the Planning Commission's approval
and shall expire May 14, 2007 (6) months after the effective date of the
approval unless the tree removal has taken place and all conditions of
approval have been met, or a time extension has been granted by the
City. Any application for an extension of time shall be submitted to the
Planning Department, along with the required fee, at least ninety (90) days
prior to the expiration date of this approval, except as otherwise approved
by the Planning Director.
Planning Commission Resolution 06-11-14-3 Final Conditions of Approval
TRP 06-112 November 14, 2006
Page 2 of 2
2. _ Approval of this application does not relieve the applicant from complying
with other applicable Federal, State, County or City regulations or
requirements.
3. _ The applicant shall defend, indemnify, and hold harmless the City of San
Juan Capistrano and its officers, employees, and agents from and against
any claim, action, or proceeding against the City of San Juan Capistrano,
its officers, employees, or agents to attack, set aside, void, or annul any
approval or condition of approval of the City of San Juan Capistrano
concerning this project, including but not limited to any approval or
condition of approval of the City Council, Planning Commission, or City
Planner. The City shall promptly notify the applicant of any claim, action,
or proceeding concerning the project and the City shall cooperate fully in
the defense of the matter. The City reserves the right, at its own option, to
choose its own attorney to represent the City, its officers, employees, and
agents in the defense of the matter.
4. _ The applicant shall be responsible for informing all subcontractors,
consultants, engineers, or other business entities providing services
related to the project of their responsibilities to comply with these
conditions of approval and all pertinent requirements in the San Juan
Capistrano Municipal Code, including the requirement that a business
license be obtained by all entities doing business in the City.
5. _ The applicant shall submit to the Planning Department a landscape plan
that contains all replacement tree(s), shrubs and groundcover for review
and approval by the City's Design Review Committee (DRC).
6. _ The applicant shall contact the Planning Department for final inspection
after the new approved replacement plan has been planted, prior to the
expiration date of this approval.
7. Prior to the commencement of any work, the applicant shall contact the
Engineering Department to secure all required encroachment permits.
End of Conditions
P:\PIanning\Archive\TREE REMOVAL PERMITS\TRP 06-112 SJC Mission\TRP 06-112 PC coa 14Nov06.doc