PC Resolution-04-08-24-02PC RESOLUTION NO. 04-08-24-02
TREE REMOVAL PERMIT 04-07
AN ACTION OF THE PLANNING COMMISSION OF THE CITY OF SAN
JUAN CAPISTMNO APPROVING A REQUEST TO REMOVE 102 TREES
LOCATED WITHIN THE PACIFICA SAN JUAN PLANNED COMMUNITY
(PACIFICA SAN J UAN/SU NCAL).
Whereas, SunCal Companies (applicant) has submitted a request to permit
the removal of 102 trees, including twenty-one trees of 24-inch caliper or larger, from the
northerly portion of the residential area known as Pacifica San Juan located at the terminus
of Valle Road east of Interstate 5; and,
Whereas, the proposed project has been processed pursuant to Article 3,
Development Review Procedures, of the Land Use Code; and,
Whereas, the Environmental Administrator has previously reviewed this
project in accordance with the California Environmental Quality Act as part of the Pacifica
San Juan Supplemental Environmental Impact Report and has determined that it would
result in no significant impacts to biological resources that have not been addressed in the
1991 Pacific Point EIR, the Exotic Vegetation Control Program, an Interim Habitat Loss
Mitigation Program and under the U.S. Department of Fish and Game permits issued for
the project in 1997; and,
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Whereas, the Planning Commission conducted a duly noticed public meeting
on August 24, 2004 pursuant to Section 9-2.349, Tree Removal Permit, 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 make the following findings:
1. The condition of the existing trees with respect to disease, general health and ability
to potentially preserve them justify their removal because the majority of the trees
were evaluated and were found to be in a significant state of decline and are
located within the project grading area.
2. The adverse visual impacts of the tree removal upon surrounding properties and
streets and decrease in visual buffering which would result from the proposed tree
removal will be adequately mitigated because one hundred eleven, 36-inch box
trees will be planted in the subject project area.
3. The health of the trees which are located within the grading area and proposed to
be removed and of those located within adjacent areas and proposed to be
preserved has been evaluated and recorded as part of the Eucalyptus Preservation
PC Resolution 04-08-24-02 2 August 24,2004
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Report for the project. The health condition rating assigned by the project arborist
has been used as the basis for determining the number of trees which will be
replaced.
4. The interest of the City in the protection and conservation of trees from destruction
has been adequately addressed because a comprehensive Eucalyptus Preservation
Report which evaluates the health and structural condition of the trees to be
removed or those potentially affected by the tree removal operations has been
conducted and appropriate conditions for tree preservation have been incorporated
as part of the project approval.
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 following conditions:
Conditions of ADproval
1. A protection barrier shall be installed around the protection zone of the trees
to be preserved. The barrier shall be constructed of durable fencing material,
such as chain-link fencing. The barrier shall be placed as far from the base of
the trees as possible, preferably at the drip line. The fencing shall be
maintained in good repair throughout the duration of the project, shall not be
removed, relocated or encroached upon without permission of the arborist
involved.
2. There shall be no storage of materials or supplies of any kind within the area
of the protection barriers. Concrete and cement material, block, stone, sand
and soil shall not be placed within the drip-line of the tree.
3. Fuel storage, refueling, servicing and maintenance of equipment and
machinery shall not be permitted within 150 ft. of any tree to be preserved.
4. Debris and waste from construction or other activities shall not be permitted
within protected areas. Wash down of concrete or cement handling
equipment, in particular, shall not be permitted within 150 ft. of protected trees.
5. Any grade changes should be approved by a Registered Consulting Arborist
before construction begins, to avoid potential damage to trees which will be
preserved.
6. Any damages or injuries to trees shall be reported to the project arborist as
soon as possible. Severed roots shall be pruned cleanly to healthy tissue
using proper pruning tools. Broken branches or limbs shall be pruned
according to International Society of Arboriculture Pruning Guidelines and
ANSI A-300 Pruning Standards.
- PC Resolution 04-08-24-02 3 August 24,2004
L- 7. Before construction is initiated, trees within affected grading area which will be
preserved shall be fertilized. Soil analysis testing shall be completed to assure
fertilizatiogn with the appropriate fertilizer products. Pruning of the tree
canopies and branches shall be done at the direction of the project arborist to
remove any dead or broken branches and to provide the necessary clearances
for the construction equipment.
8. A slope re-vegetationllandscape plan shall be submitted to DRC for review
and approval within 30 days from project approval. All trees removed which
have been given a health rating of 5 or greater (37 trees) shall be replaced at a
3:l ratio with a 36 inch box tree of an approved type.
9. Removal of trees during raptor nesting season (February through mid-August)
shall be prohibited.
EFFECTIVE DATE & FINAL APPROVAL: This project approval shall
become effective following expiration of the fifteen (1 5) day appeal period without filing of
an appeal application pursuant to Section 9-2.31 1 of Title 9, Land Use Code. The fifteen
(15) day appeal period shall expire at 5:OO p.m. Wednesday September 8, 2004.
PASSED, APPROVED AND ADOPTED this 24th day of August, 2004, by
the following vote, to wit:
W
AYES: Commissioners Cohen, Drey and Ratcliffe
NOES: None
ABSTAIN: Vice-chairman Cardoza
ABSENT: Chairman Neely
<Lr--
Sheldon Cohen, Acting Chairman
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