PC Resolution-19-12-10-01PC RESOLUTION NO. 19-12-10-01
TREE REMOVAL PERMIT 19-040
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA APPROVING TREE REMOVAL PERMIT 19-040; THE
GROVES SENIOR APARTMENTS, PROPOSED REMOVAL OF EIGHT TREES FOR
THE FUTURE DEVELOPMENT OF A 75"'.UNIT RESIDENTIAL, AT 30333 CAMINO
CAPISTRANO (APN 121-050-21} (APPLICANT: C & C DEVELOPMENT, INC.}
Whereas, C & C Development, Inc., 14211 Yorba Street, #200, Irvine, CA
92780 (the "Applicant"), has requested approval of Architectural Control (AC) 19-009,
Grading Plan Modification (GPM) 19-013, Zone Variance (ZV) 19-007, and Sign Permit
(SP) 19-019 to develop a 87,279 square foot structure with 75 affordable age restricted
residential units, with landscaping, grading, and signage, at 30333 Camino Capistrano
(the "Property"), which is General Plan-designated Very High Density Residential and
Very High Density on the Official Zoning Map (the "Project"); and,
Whereas, the City of San Juan Capistrano, 32400 Paseo Adelanto, San
Juan Capistrano, CA 92675 is the owner of the Property; 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 reviewed the project and found
it to be statutorily exempt from CEQA pursuant to Government Code Section 65583.2; and,
Whereas, the Design Review Committee (DRC) reviewed the
development's conceptual landscape plans on August 22, 2019 and recommended that
the item move forward to the Planning Commission; and,
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Whereas, the Planning Commission reviewed the development's
conceptual landscape plans on September 24, 2019 and approved the final conceptual
plans; and
Whereas, the Planning Commission conducted a duly-noticed public
meeting on December 10, 2019 pursuant to Title 9, Land Use Code, Section 9-2.302, to
consider public testimony on the proposed Project and has considered all relevant public
comments; and
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of
the City of San Juan Capistrano does hereby make the following findings with respect to
the California Environmental Quality Act (CEQA) and the statutory exemption:
1. According to Government Code section 65583.2(h), when sites are re-zoned to
accommodate the Regional Housing Needs Allocation ("RHNA") for low and very low
income housing, future approval of multifamily rental projects on those sites are
considered a "use by right." Government Code section 65583.2(i) defines "use by right"
to mean that the review shall not include any discretionary local government action or
PC Resolution 19-12-10-01 2 December 10 2019
approval that would constitute a "project" for purposes of CEQA, and therefore, no CEQA
compliance would be required; and
2. The proposed project qualifies for this CEQA exemption because on January 21, 2014,
the City Council approved a General Plan Amendment that identified the site as available
for affordable housing in the City Housing Element and on February 4, 2014, and the
City Council approved a rezoning of the proposed project site from Office Commercial to
Very High Density. This rezone implemented the General Plan Amendment that was
approved on January 21, 2014. The re-zoning ensured that the City's inventory of
housing sites in its Housing Element could accommodate all of the low and very low
income RHNA allocation that the City was assigned at the time; and
3. Whereas, the record of proceedings on which the Planning Commission's decision is
based is located at City Hall for the City of San Juan Capistrano, located at 32400
Paseo Adelanto, San Juan Capistrano, California and the custodian of record of
proceedings is the Development Services Department Administrative Specialist.
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 Tree Removal Permits, of Title 9, Land Use Code of
the City of San Juan Capistrano:
1. Removal of the trees will not have an adverse impact on adjacent properties or the
general welfare in that the removal will not adversely impact views, public
streetscapes, or. other aesthetic considerations as the applicant is proposing to install
67 new trees, sixteen of which will be installed along Camino Capistrano. The removal
of eight mature trees will temporarily impact views, the public streetscape and
aesthetics; those impacts, however, will be mitigated by the installation of the
replacement trees. The applicant, per the DRC's recommendation, will install
California Sycamores along Camino Capistrano. The proposed landscaping
improvements will be consistent with the landscaping already existing on neighboring
properties and throughout San Juan Capistrano.
2. Where appropriate, replacement trees have been proposed to maintain the urban
forest canopy and the replacement trees are more appropriate to the site and the
planting area. The installation of the proposed tree species, Carob Tree, Valencia
Orange, So Cal Black Walnut, Cherokee Crake Myrtle, Mayten Tree, California
Sycamore, Cork Oak, and African Sumac are appropriate to the site, as it will create
cohesion and consistency within the new development as well as surrounding
properties and streetscape, and is consistent with the conceptual landscape plan
approved by the Planning Commission.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby approves project Tree Removal
Permit 19-040, subject to those conditions of approval listed below.
1. Approval of this application does not relieve the applicant from complying with
other applicable Federal, State, County or City regulations or requirements,
PC Resolution 19-12-10-01 3 December 10 2019
including the San Juan Capistrano's Municipal Code Section 5-5.01 through 5-5.05
Bird Sanctuary or the Federal Migratory Bird Treaty Act, which establishes
prohibitions on the disturbance and/or removal of certain native bird nests.
2. The 67 replacement trees identified in the landscape concept plan, prepared by
IDE Arc. and approved by the Planning Commission on September 24, 2019, shall
be installed prior to issuance of a Certificate of Occupancy.
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.
EFFECTIVE DATE & FINAL APPROVAL: This project approval shall
become effective following expiration of the fifteen (15) day appeal period without filing of
an appeal application. The appeal period shall expire at 5:30 pm, Thursday, January 2,
2020. This project approval shall be valid for a period of 12 months from the date of this
resolution, and shall expire on December 10, 2020 unless a time extension request or
building permit application related to this discretionary approval is submitted to the City
prior to that date.
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 ADOP
Howard Ha rt, Chairman
Sergi:l;::ry
of December, 2019.
Assistant Development Services Director