PC Resolution-05-08-09-03PC RESOLUTION NO. 05-08-09-3
TREE REMOVAL PERMIT (TRP) 05-86
AN ACTION OF THE PLANNING COMMISSION OF THE CITY OF SAN
JUAN CAPISTRANO CONFIRMING ISSUANCE OF A CATEGORICAL
EXEMPTION AND APPROVING A TREE REMOVAL PERMIT FOR ONE
LEMON-SCENTED EUCALYPTUS TREE LOCATED AT 33281 VIA
MAYOR (APN 668-21 2-1 1).
Whereas, Gerald Romero is requesting approval to remove one (1)
Lemon-Scented Eucalyptus tree, with a diameter of 30” and an approximate height
of 60-0” located adjacent to the sidewalk along Calle Jardin. The subject tree is
located at 33281 Via Mayor, which has a General Plan designation of Medium
Density (MD) and a Zoning designation of RS-7,000 ; 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 reviewed the project
pursuant to Section 15061 of the California Environmental Quality Act (CEQA) and
issued a Class 1 (h) categorical exemption and caused a Notice of Exemption to be
posted pursuant to 15062 of the CEQA Guidelines; and,
Whereas, on August 9, 2005, 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.
L
NOW, THEREFORE, BE IT RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby find that the proposed
project complies with all applicable provisions of the Land Use Code subject to the
conditions approval set forth in Exhibit A, attached hereto and incorporated herein.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby confirm issuance of a
categorical exemption and approves the project subject to conditions of approval set
forth in Exhibit A, attached hereto and incorporated herein, based on the following
findings pursuant to Section 9-2.349 of the Municipal Code,
I. There will be possible future hazards to traffic, pedestrians,
general public, or property if the tree is preserved.
2. There has been property damage to the existing sidewalk caused
by the tree.
PC Resolution 05-08-09-3 2 August 9,2005
L, EFFECTIVE DATE & EXPIRATION DATE: This project action shall
become final and effective following expiration of the fifteen (1 5) day appeal period
without filing of an appeal, and the appeal period shall expire at 500 p.m.,
Wednesday, August 24,2005. This approval shall expire on February 24,2006, if the
tree has not been removed by that date. Failure to comply with the conditions of this
permit constitutes a violation of Section 9-2.349 of the San Juan Capistrano
Municipal Code.
PASSED, APPROVED AND ADOPTED this gth day of August, 2005 by
the following vote, to wit:
AYES: Commissioners Cohen, Drey, Ratcliffe, Vice-chairman Cardoza, and Chairman
Neely.
NOES:
ABSTAIN:
ABSENT:
Q
g Director, Secretary
P \PlanningWrchive\TREE REMOVAL PERMITS\TRP05-086Romero\trp05-93 PC reso-9Aug2005 doc
'u
‘W
L
RESOLUTION #: 05-08-09-3
Exhibit A
CONDITIONS OF APPROVAL
Project #: TRP 05-86
APPROVAL DATE: August 9,2005
EFFECTIVE DATE: August 24,2005
EXPIRATION DATE: February 24,2006
Project Name: Romero Residence
These conditions of approval apply to Tree Removal Permit # 05-86, a request to
remove a lemon-scented Eucalyptus tree. The subject tree has a diameter of 30” and an
approximate height of 60’-0” located at the side yard section of the property, directly
adjacent to Calle Jardin. The subject property is located at 33281 Via Mayor on a .I6
acre parcel, generally located 20’-0” feet west of Via Mayor and 20’-0” north of Calle
Jardin (APN 668-212-11). Any proposed change of use or expansion of the area or
modifications to the site plan or structures shall be submitted to the City Planning
Department along with the required application and fee, for review. 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:
1. - TRP 05-86 is granted to remove one (1) lemon-scented Eucalyptus on .I6
acres located at 33281 Via Mayor (APN 668-212-11). This approval is
granted based on the application materials submitted by Gerald Romero
on July 7, 2005. The proposed use of the site 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 site plan, and which do not
intensify or change the use or require any deviations from adopted
standards, 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 (1 5‘h) day
after the date of the Planning Commission’s approval and shall expire
February 24, 2006 (6) months after the effective date of the approval
unless the use or occupancy which is the subject of this action 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 05-08-09-3
TRP 0586 August 9, 2005
Final Conditions of Approval
-.- 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 landscape the area where the tree will be removed
with plant material that matches the existing landscaping
6- - The applicant shall contact the planning department for final inspection
after the tree has been removed and replacement material has been
planted .
Responsible Agencies: PLN = Planning Department
Date of Approval: August 9, 2005
Resolution No.: 05-08-09-3
Effective Date: August 24, 2005
P \PlanningWrchive\TREE REMOVAL PERMITS\TRP05-086Rornero\SJC City-Standard Conditions of Approval-2005-6 doc