PC Resolution-16-07-26-05PC RESOLUTION NO. 16-07-26-05
TREE REMOVAL PERMIT
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA APPROVING A TREE REMOVAL PERMIT, HOTEL
CAPISTRANO BY KIMPTON FOR A NEW 102 ROOM HOTEL WITH A
RESTAURANT, BANQUET FACILITIES, SWIMMING POOL, AND FITNESS CENTER
LOCATED AT 31872 CAMINO CAPISTRANO (ASSESSOR PARCEL NUMBERS 124-
160-51, 52 & 37)(APPLICANT: DAVID WOOD, STRATUS DEVELOPMENT
PARTNERS).
Whereas, David Wood, Stratus Development Partners, on behalf of 0
Properties, Inc., 31878 Camino Capistrano, San Juan Capistrano, CA 92675 (the
"Applicant") has requested approval of a Tree Removal Permit for the purpose of
removing 71 existing trees, and boxing and preserving two trees to be retained on-site,
as governed by Municipal Code Section 9-2.349, in order to allow for the modification of
a development of a new hotel to include 1 02 rooms, a restaurant, banquet facilities,
swimming pool, and fitness center (the "Project") (the "Modified Project"); and,
Whereas, 0 Properties, Inc., 31878 Camino Capistrano, San Juan
Capistrano, CA 92675, are the owners of real property located at Assessor's Parcel
Numbers 124-160-51,52 & 37; and,
Whereas, the Tree Removal Permit, along with the Modified Project has
been processed pursuant to Section 9-2.301, Development Review of the Land Use
Code; and,
Whereas, pursuant to section 21067 of the Public Resources Code, and
section 15367 of the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.),
the City of San Juan Capistrano is the lead agency for the Project, including the Tree
Removal Permit; and,
Whereas, on November 18, 2014, the City Council approved a Mitigated
Negative Declaration for the Urban Village project (also referred to as the San Juan
Hotel & Villas Mitigated Negative Declaration), which included a hotel component; and,
Whereas, on July 26, 2016, the Planning Commission approved an
Addendum to the San Juan Hotel & Villas Mitigated Negative Declaration for the Hotel
Capistrano by Kimpton Project for the Project, which includes the Tree Removal
Permit, to fully and completely address any and all environmental impacts associated
with the Modified Project; and,
Whereas, the Design Review Committee (DRC) reviewed the plans on
April 14, 2016 and recommended that the item move forward to the Planning
Commission; and,
PC Resolution 16-07-26-05 2 July 26, 2016
Whereas, the Planning Commission conducted a duly-noticed public
hearing on July 26, 2016 pursuant to Title 9, Land Use Code, Section 9-2.302 and City
Council Policy 5 to consider public testimony on the Modified Project and has
considered all relevant public comments.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission
of the City of San Juan Capistrano does hereby find that the Addendum to the San Juan
Hotel & Villas Mitigated Negative Declaration for the Hotel Capistrano by Kimpton
Project fully and completely addresses any and all environmental impacts associated
with the Modified Project, including the Tree Removal Permit, and that no further
environmental review is required before the Planning Commission approves the Tree
Removal Permit; and,
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby make the following
findings as established by Section 9-2.349(e) of Title 9, Land Use Code of the City of
San Juan Capistrano in support of the Tree Removal Permit:
1. The existing trees are not proposed for removal because they are unsuitable to the
planting area in that the area is too small to accommodate the height, diameter of
trunk or canopy, or root zone of the tree, and excessive trees do not exist on the site
that require thinning to maintain tree health because the project proposes an entirely
new development concept for the site. As such, criteria #1 is not applicable here, as
this is a new project.
2. The existing trees are an unsuitable variety for the site in that they are not a native
variety, are not in keeping with the community character of San Juan Capistrano, are
of an invasive species, or otherwise conflict with the intent of the ordinance because
the proposed project would remove 71 existing trees including non-native, invasive
species such as ficus and pine. While many of the existing trees on the site include
California sycamore, European Olive, and Australian willow, which are classified as
California native or friendly, the proposed landscape plan includes several
appropriate species, and a final landscape plan will go back before the DRC as a
condition of approval. The applicant is proposing to box and move two rare dragon
trees, and is proposing 71 new trees. Thus, the number of trees on site will not
diminish as a result of the tree removal plan.
3. The removal of trees will not have an adverse impact on adjacent properties or the
general welfare in that their removal will not adversely impact views, public
streetscapes, or other aesthetic considerations because the proposed project would
remove 71 existing trees from the project site and proposes a replacement ratio of
1:1, thus, there will not be a net loss of trees due to the project. Furthermore, the
applicant is proposing to protect-in-place five large trees located either near or on
the property lines shared with adjoining neighbors.
4. Replacement trees have been proposed to maintain the urban forest canopy and the
replacement trees are appropriate to the site and to the planting area because the
PC Resolution 16~07 ~26~05 3 Ju ly 26. 2016
trees proposed to be removed are not identified as Heritage Trees per Section 9-
2.349(f) of the SJCMC. Furthermore, the existing trees are not typically known as
"California friendly," as indicated previously above. The proposed new trees are
required to be "California friendly" and a final landscape design is required to go
back before the DRC for final approval for the exact size and tree type.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby approves The Tree Removal
Permit, subject to those applicable conditions of approval for the project. However, The
Tree Removal Permit shall not be effective unless and until Conditional Use Permit
(CUP) 15-012, Architectural Control (AC) 15-026, and Grading Plan Modification (GPM)
16-008 are approved.
CUSTODIAN OF RECORDS: The documents and materials associated
with this Resolution that constitute the record of proceedings on which these findings
are based are located at San Juan Capistrano City Hall, 32400 Paseo Adelanto, San
Juan Capistrano, California 92675. The Development Services Director is the custodian
of the record of proceedings.
PROTEST OF FEES, DEDICATIONS, RESERVATIONS OR OTHER
EXACTIONS: Pursuant to Government Code Section 66020, the applicant may protest
the imposition of fees, dedications, reservations or other exactions imposed on this
development project by taking the necessary steps and following the procedures
established by Sections 66020 through 66022 of the California Government Code.
PASSED, APPROVED AND DOPTED this 26th day of July, 2016.
Mark peros, Ch ·rman
Serg~. Assistant Development Services
Director/Secretary