PC Resolution-05-09-27-06PC RESOLUTION NO. 05-09-27-6
TREE REMOVAL PERMIT (TRP) 05-109
AN ACTION OF THE PLANNING COMMISSION OF THE CITY OF SAN
JUAN CAPISTRANO CONFIRMING ISSUANCE OF A CATEGORICAL
EXEMPTION AND LEGALIZING A TREE REMOVAL PERMIT FOR TWO
EUCALYPTUS TREES LOCATED AT 31761 AGUACATE ROAD (APN 649-
091-31).
Whereas, Richard & Lucy Parks are requesting approval to legalize
the removal of (2) Eucalyptus trees, with diameters of approximately eighty (80)
inches located in the rear yard of the subject property. The subject trees are located
at 31761 Aguacate 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 27, 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 staff's`
inspection of the remaining stumps and cut up trunks and branches.
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, October 12, 2005. This approval shall expire on April 12, 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.
PC Resolution 05-09-27-6 2 September 27, 2005
PASSED, APPROVED AND ADOPTED this 27th day of September,
2005 by the following vote, to wit:
AYES: Commissioners Cohen, Drey and Ratcliffe, Vice Chairman Cardoza, and Chairman
Neely.
NOES:
ABSTAIN:
ABSENT:
Tim Neely, Chairman
Molly Bo ta, Pla ing Director, Secretary
P:\Planning\Archive\TREE REMOVAL PERM ITS\TRP05-109Parks\trp05-109-PC reso-27Sep2005.doc
RESOLUTION #: 05-09-27-6
Exhibit A
CONDITIONS OF APPROVAL
Project #: TRP 05-86 Project Name: Parks Residence
APPROVAL DATE: September 27, 2005
EFFECTIVE DATE: October 12, 2005
EXPIRATION DATE: April 12, 2006
These conditions of approval apply to Tree Removal Permit # 05-109, a request to
legalize the removal of two (2) Eucalyptus trees. The subject trees have a diameter of
eighty (80) inches each and are located in the rear yard of the subject property. The
subject property is located at 31761 Aguacate Road on a .73 acre parcel, generally
located 170 feet west of Via Pastoral at 331761 Aguacate Road (APN: 649-091-31).
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 05-109 is granted to legalize the removal of two (2) Eucalyptus trees
on .73 acres located at 31761 Aguacate Road (APN 649-091-31). This
approval is granted based on the application materials submitted by
Richard & Lucy Parks on July 29, 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 (15th) day after the date of the Planning Commission's approval
and shall expire April 12, 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 05-09-27-6
TRP 05-109
Final Conditions of Approval
September 27, 2005
Page 2 of 3
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
replacement plan that indicates the location and species of the
replacement trees. The replacement trees shall be of a California native
variety or a variety more suited to the planning area on site. The
landscape replacement plan shall be reviewed and approved by the
Design Review Committee (DRC).
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 05-09-27-6
TRP 05-109
Date of Approval: September 27, 2005
Resolution No.: 05-09-27-06
Effective Date: October 12, 2005
Applicant Acceptance of Conditions of Approval:
By:
Richard & Lucy Parks
Final Conditions of Approval
September 27, 2005
Page 3 of 3
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Date
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