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
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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.
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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 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
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