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PC Resolution-05-10-11-02PC RESOLUTION NO. 05-1 0-1 1-2 TREE REMOVAL PERMIT (TRP) 05-1 29 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 TWO WESTERN SYCAMORE TREES LOCATED AT THE SOUTH PORTION OF THE RIO VISTA HOMES COMMUNITY PARK (APN 649-193-01). Whereas, Rio Vista Homes Community Association is requesting approval to remove two (2) Western Sycamore trees, with diameters of thirty five (35) inches and thirty three (33) inches located at the south portion of the Rio Vista Homes Community Park property which has a General Plan Designation of Medium Density (MD) a Zoning designation of RG-7,000 000 (Residential Garden-7,000 s.f. lot minimum); 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 October 11,2005, 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: 1. The trees pose possible future hazards to traffic, pedestrians, general public, or property if they are preserved. 2. Property damage to foundation, slab, wall, etc. or excessive nuisance problems may be caused by the trees. PC Resolution 05-1 0-1 1-2 2 October 11,2005 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 5:OO p.m., Wednesday, October 26, 2005. This approval shall expire on April 26, 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 1 lth day of October, 2005 by the following vote, to wit: AYES: Commissioners Cohen, Drey, and Ratcliffe, Vice Chairman Cardoza, Chairman Neely NOES: ABSTAl N : ABSENT: w Tim Neely, Chair Molly Bqh, Planing Director, Secretary P:\Planning\Archive\TREE REMOVAL PERMITSTRP 05-1 29 RioVistaHornesCommunity\TRP 05-1 29 PC reso 11 Octo5 doc RESOLUTION #: 05-1 0-1 1-2 Exhibit A CONDITIONS OF APPROVAL Project #: TRP 05-129 Project Name: Rio Vista Homes Community Association Park APPROVAL DATE: October 11,2005 EFFECTIVE DATE: October 26,2005 EXPIRATION DATE: April 26, 2006 These conditions of approval apply to Tree Removal Permit ## 05-129, a request to remove two (2) Western Sycamore trees, with diameters of thirty five (35) inches and thirty three (33) inches located at the south portion of the Rio Vista Homes Community Park, generally located 32 feet east of Alipaz Street and 76 feet south of Calle Rio Vista (APN 649-193-01). 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 05-129 is granted to remove two (2) Western Sycamore trees, with diameters of thirty five (35) inches and thirty three (33) inches respectively, located at the south portion of the Rio Vista Homes Community Park (APN 649-193-01). This approval is granted based on the application materials submitted by Rio Vista Homes Community Association on September 2, 2005. 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 (1 5‘h) day after the date of the Planning Commission’s approval and shall expire April 26, 2006 (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 05- IO- I 1-2 Final Conditions of Approval Page 2 of 2 Ld TRP 05-129 October I I, 2005 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. C’ 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 for review by the Design Review Committee (DRC) of the Rio Vista Community Park that includes two replacement trees of a California Native variety or a variety more suited to the planting area, as approved by the Planning Commission. 6. - The applicant shall contact the Planning Department for final inspection after the tree has been removed and the new tree3 have been planted. Responsible Agency: PLN = Planning Department APPROVAL DATE: October 11,2005 EFFECTIVE DATE: October 26,2005 EXPIRATION DATE: April 26, 2006 Resolution No.: 05-1 0-1 1-2 P \Planning\Archive\TREE REMOVAL PERMITSTRP 05-129 RioVistaHomesCommunrty\TRP 05-129 PC coa 11 Octo5 doc