PC Resolution-05-10-25-02PC RESOLUTION NO. 05-10-25-2
TREE REMOVAL PERMIT (TRP) 05-128
AN ACTION OF THE PLANNING COMMISSION OF THE CITY OF SAN
JUAN CAPISTRANO APPROVING A TREE REMOVAL PERMIT FOR ONE
FICUS TREE LOCATED AT 26000 AVENIDA AEROPUERTO (APN 121-
240-35).
Whereas, Capistrano Valley Mobile Estates (CVME) is requesting
approval to remove one (1) Ficus tree, with a diameter of approximately forty-two
(42) inches and an approximate height of twenty (20) feet located adjacent to
residential coach within the CVME. The subject tree is located at 26000 Avenida
Aeropuerto. The subject property has a General Plan Designation of Industrial Park
and is zoned Mobile Home Park (MHP); and,
Whereas, the proposed project has been processed pursuant to
Section 9-2.301, Development Review of the Land Use Code; and,
Whereas, staff is recommending denial of the project and pursuant to
Section 3.06 of the City’s adopted CEQA Guidelines, CEQA does not apply to
disapproved projects. Therefore, staff is not recommending that the Planning
Commission take any action on the project’s environmental determination; and,
Whereas, on October 25,2005, 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 FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby approves the project
subject to the conditions of approval set forth in Exhibit A, attached hereto and
incorporated herein, based on the following finding pursuant to all applicable
provisions of the Land Use Code (Section 9-2.349(c)), based on the following
factors:
I. The tree posses a possible future hazard to traffic, pedestrians,
general public safety, or property if the tree is preserved; and,
2. The tree is likely to cause foundation, slab, wall or other property
damage or excessive nuisance problems caused by an existing
tree;
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 500 p.m.,
Wednesday, November 9,2005.
PC Resolution 05-1 0-25-2 2 October 25,2005
'-
PASSED, APPROVED AND ADOPTED this 25th day of October,
2005, by the following vote, to wit:
AYES: Commissioners Drey, and Ratcliffe, Vice Chairman Cardoza, Chairman Neely
NOES: Commissioner Cohen
ABSTAl N :
ABSENT:
Tim Neely, Chairm n ;t)
Molly BogulanMing Director, Secretary
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RESOLUTION #: 05-1 0-25-2
Exhibit A
CONDITIONS OF APPROVAL
Project #: TRP 05-128
Project Name: Capistrano Valley Mobile Estates
APPROVAL DATE: October 25,2005
EFFECTIVE DATE: October 25,2005
EXPIRATION DATE: April 26, 2006
These conditions of approval apply to Tree Removal Permit ## 05-128, a request to
remove one (1) Ficus tree, with a diameter of forty-two (42) inches located adjacent to a
residential coach within the Capistrano Valley Mobile Estates, generally located 700 feet
west of Camino Capistrano (APN 121-240-35). Any proposed change to the permit or
modifications to the permit 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 05-128 is granted to remove one (1) Ficus tree, with a diameter of
forty-two (42) inches located adjacent to a residential coach within the
Capistrano Valley Mobile Estates, generally located 700 feet west of
Camino Capistrano (APN 121-240-35). This approval is granted based on
the application materials submitted by Capistrano Valley Mobile Estates
on September 1, 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 !jth) day
after the date of the Planning Commission’s approval and shall expire
April 25, 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- 10-25-2 Final Conditions of Approval
Page 2 of 2
._/' TRP 05-128 October 25, 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.
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 contact the Planning Department for a field inspection
prior to the removal of the tree to determine if a replacement tree will be
required.
APPROVAL DATE: October 25,2005
EFFECTIVE DATE: October 25,2005
EXPIRATION DATE: April 25, 2006
P.\PlanningVl\rchive\TREE REMOVAL PERMITS\TRP05-128CVME\TRP 05-1 28 PC Coa 250ct05.Doc