PC Resolution-05-08-09-04PC RESOLUTION NO. 05-08-09-4
W TREE REMOVAL PERMIT (TRP) 05-93
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
FICUS MACROPHYLLA (MORETON BAY FIG) AT 28372 VIA ORDAZ
(APN 664-064-04).
Whereas, Mary Walker is requesting approval to remove one (1)
Ficus Macrophylla (Moreton Bay Fig) tree, with a diameter of 32” and an approximate
height of 25’-0” located in the front yard of an existing single-family residence. The
subject tree is located at 28372 Via Ordaz, which has a General Plan designation of
Medium Low Density (MLD) and a Zoning designation of RS-10,000 ; 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 l(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.
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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,
1. There may be possible future hazards to pedestrians, the general
public, or property if the tree is preserved, due to root damage
along walkways; and
2. The tree has caused property damage to walkways, yard area and
may cause excessive nuisance problems due to root expansion.
PC Resolution 05-08-09-4 2 August 9,2005
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 5:OO 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.
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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:
Timqeely, Chaiw
Molly Bow, Pl&ning Director, Secretary
P.\Planning\Archive\TREE REMOVAL PERMITS\TRP05-093WalkeATRP 05-093 PC reso-9Aug2005 doc
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RESOLUTION #: 05-08-09-4
Exhibit A
CONDITIONS OF APPROVAL
Project #: TRP 05-086
APPROVAL DATE: August 9,2005
EFFECTIVE DATE: August 24,2005
EXPIRATION DATE: February 24,2006
Project Name: Walker Residence
These conditions of approval apply to Tree Removal Permit ## 05-93, a request to
remove one (1) Ficus Macrophylla (Moreton Bay fig) tree. The subject tree has a
diameter of 32” and an approximate height of 25-0” located in the front yard of the
existing single-family residence. The subject property is located at 28372 Via Ordaz on
a .24 acre parcel, generally located 245’-0” east of Via Estenaga and 20’-0 south of Via
Ordaz (APN 664-064-04). 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 05-93 is granted to remove one (1) Ficus Macrophylla (Moreton Bay
fig) on .24 acres located at 28372 Via Ordaz (APN 664-064-04). This
approval is granted based on the application materials submitted by Mary
Walker on July 8, 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 (15ith) 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 05-08-09-4
TRP 05-93 August 9, 2005
Final Conditions of Approval
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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.
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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 letter specifying
the species and size of the replacement tree. The replacement tree
information is to be placed on the Planning Commission Consent
Calendar for review, prior to removal of the existing tree.
6. - The applicant shall contact the planning department for final inspection
after the tree has been removed and the new tree has been planted.
Responsible Agency: PLN = Planning Department
Date of Approval: August 9, 2005
Resolution No.: 05-08-09-4
Effective Date: August 24, 2005
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