PC Resolution-05-09-13-02L
PC RESOLUTION NO. 05-09-1 3-2
TREE REMOVAL PERMIT (TRP) 05-108
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
EUCALYPTUS (SILVER DOLLAR GUM) TREE LOCATED AT
301 71 SILVER SPUR ROAD (APN 650-061 -04).
Whereas, David & Gina Watson are requesting approval to remove
one (1) Eucalyptus (Silver Dollar Gum) tree, with a diameter of thirty (30) inches and
an approximate height of thirty (30) feet located on the side yard on the north end of
the subject property. The subject tree is located at 30171 Silver Spur Road, which
has a General Plan designation of Very Low Density (VLD) and a Zoning designation
of RSE-40,000 ; 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 September 13, 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.
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 surrounding concrete in
the patio area caused by the tree.
PC Resolution 05-09-1 3-2 2 September 13, 2005
W 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, September 28, 2005. This approval shall expire on March 28, 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 13'h day of September,
2005 by the following vote, to wit:
AYES: Commissioners Drey, Cohen, and Ratcliffe, Vice Chairman Cardoza, and
Chairman Neely.
ABSTAIN:
ABSENT:
Molly Bogd Planthhg Director, Secretary
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RESOLUTION #: 05-09-1 3-2
Exhibit A
CONDITIONS OF APPROVAL
Project #: TRP 05-86
APPROVAL DATE: September 13,2005
EFFECTIVE DATE: September 28,2005
EXPIRATION DATE: March 28,2006
Project Name: Watson Residence
These conditions of approval apply to Tree Removal Permit ## 05-108, a request to
remove one (1) Eucalyptus (Silver Dollar Gum) tree. The subject tree has a diameter of
thirty (30) inches and an approximate height of thirty (30) feet located on the side yard
of the north end of the subject property. The subject property is located at 30171 Silver
Spur Road on a .42 acre parcel, generally located 450 feet south of Mission Hills Drive
and 20 feet west of Silver Spur Road at 30171 Silver Spur Road (APN 650-061-04). 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:
- TRP 05-108 is granted to remove one (I) Eucalyptus (Silver Dollar Gum)
on .42 acres located at 30171 Silver Spur Road (APN 650-061-04). This
approval is granted based on the application materials submitted by Gina
Watson on July 26, 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 (15‘h) day after the date of the Planning Commission’s approval
and shall expire March 28, 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. The
Planning Director may grant an extension of time provided that the
Planning Commission Resolution 05-09- 13-2
TRP 05- 108
Final Conditions of Approval
September 13, 2005
Page 2 of 3
applicant has submitted a landscape plan showing a suitable replacement
tree as required by condition number 5 of this resolution.
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
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 a landscape plan for the lot to the Planning
Commission for review and approval, showing the location, type, and size
of one or more replacement trees on the lot. Replacement tree(s) need not
be in the same location as the subject tree identified for removal, but shall
be planted in an area suitable for the proposed type of tree.
6- - The applicant shall contact the planning department for a final inspection
after the tree has been removed and the replacement trees have been
planted.
Planning Commission Resolution 05-09- 7 3-2
TRP 05-708 September 73, 2005
Final Conditions of Approval
u Page 3 of 3
Responsible Agencies: PLN = Planning Department
Date of Approval: September 13, 2005
Resolution No.: 05-09-1 3-2
Effective Date: September 28, 2005
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