PC Resolution-21-05-25-03PC RESOLUTION NO. 21-05-25-03
TREE REMOVAL PERMIT (TRP) 21-014
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CONFIRMING ISSUANCE OF A CATEGORICAL EXEMPTION AND
APPROVING A REQUEST FOR A TREE REMOVAL PERMIT RELATED TO A
REQUEST TO ALLOW FOR THE REMOVAL OF ELEVEN EUCALYPTUS TREES ON
PROPERTY LOCATED AT 31622 PASEO RITA (ASSESSOR PARCEL NUMBER 649-
061-12) (APPLICANT: TERRY HIRCHAG)
Whereas, Terry Hirchag has requested approval of TRP 21-014 to allow for
the removal of eleven Eucalyptus trees, located within the rear portion of property at
31622 Paseo Rita, San Juan Capistrano, CA 92675 (APN 649-061-12) (the "Residence").
The Residence, generally located on the north side of Paseo Rita and east of Aguacate
Road, has a General Plan Land Use Designation of Low Density and a Zoning
Designation of RSE-20,000 district; and,
Whereas, Paseo Rita, LLC is the owner in fee of the Residence; and,
Whereas, the proposed project at the Residence has been processed
pursuant to Section 9-2.301, Development Review of the Land Use Code; and,
Whereas, the City's Environmental Administrator has determined that the
project is categorically exempt from further review under Section 15304, Class 4, Minor
Alterations to Land. This exemption includes fuel management activities within 100 feet
of a structure if the public agency having fire protection responsibility for the area has
determined that 100 feet of fuel clearance is required due to extra hazardous fire
conditions .. A Notice of Exemption would be filed with the County Recorder's Office within
5 days should the project receive final approval; and,
Whereas, the Planning Commission has considered the Environmental
Administrator's determination pursuant to Section 1507 4 of the California Environmental
Quality Act (CEQA), has considered all project environmental documentation; and,
Whereas, the Planning Commission conducted a duly-noticed public
hearing on May 25, 2021, 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 all documents and evidence submitted, including but not limited to the
staff report and attachments, and materials submitted by the applicant.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of
the City of San Juan Capistrano does hereby find that the entire project is Categorically
Exempt from further review under the California Environmental Quality Act per Section
15304, Class 4, Minor Alterations to Land.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
PC Resolution 21-05-25-03 2 May 25. 2021
Commission of the City of San Juan Capistrano does hereby make the following findings
as established by Subsection (e) of Section 9-2.349, Tree Removal Permit, Land Use
Code of the City of San Juan Capistrano:
1. An arborist report, prepared by an International Society of Arboriculture (ISA)
Certified Arborist, recommends the removal of the trees, in part due to the planting
area not being able to accommodate the root zone of the trees which can lead to
further decline of the trees resulting in a higher risk to fire.
2. The property is within an area identified by the Orange County Fire Authority
(OCFA) as a wildfire-risk area. As a result, OCFA is requiring a fuel modification
plan for the property due to development of the property with a new single-family
home. OCFA's guidelines require that undesirable and invasive plant species,
including Eucalyptus trees, be removed from a fuel modification zone due to their
invasiveness or potential threat they pose to structures.
4. 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 three 48" box size Olea Europaea "Olive" trees
elsewhere on the property are more appropriate to the site and the planting area
as the tree species is not listed as an undesirable and invasive species by the
Orange County Fire Authority (OCFA), and, therefore, can be planted within the
fuel modification zone subject to OCFA approval.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby approves Tree Removal Permit
(TRP) 21-014, subject to those conditions of approval established by Exhibit A, attached
hereto and incorporated herein
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 ADOPTED this 25th day of May, 2021.
Sergio Klotz, AICP, Assistant Development
Services Director/Secretary
Project#:
Project Name:
EXHIBIT A
PC RESOLUTION NO. 21-05-25-03
CONDITIONS OF APPROVAL
Tree Removal Permit (TRP) 21-014
Paseo Rita Tree Removal
These conditions of approval apply to the above-referenced project application. 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. These conditions are
organized by chronological order in the development process as well as responsible
City Department. The responsible department is noted in parenthesis after each
condition.
General Conditions:
1. The above referenced entitlement approval is granted for a request to
allow for the removal of eleven Eucalyptus trees, located within the rear
portion of property at 31622 Paseo Rita (APN 649-061-12). This approval
is granted based on the application materials submitted by the Terry
Hirchag, including a planting plan. These plans are 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 Development Services Director to
be in substantial conformance with the approved project/plans and which
do not intensify or change the use or require any deviations from City
Code, may be approved by the Development Services 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 (15th) day after the date of the City Council's approval.
2. This approval shall remain valid for one year from the effective approval
date. Written notice shall be provided to the Planning Division, and
confirmation of receipt by the Planning Division of said notice, prior to
commencement of removal of the trees. The applicant shall, within 180
days or prior to issuance of a Certificate of Occupancy for the single-
family residence, complete all planting in accordance with the replanting
plan approved by the Planning Commission.
3. Approval of this application does not relieve the applicant from complying
with other applicable Federal, State, County or City regulations or
requirements, including the Federal Migratory Bird Treaty Act, which
establishes prohibitions on the disturbance and/or removal of certain
native bird nests.
Paseo Rita Tree Removal
PC Recommended Conditions of
Approval
Date: May 25, 2021
Pa e 2 of 3
4. All plans, specifications, studies, reports, calculations, maps, notes, legal
documents, and designs shall be prepared, signed, and stamped (when
required) only by those individuals legally authorized to do so.
5. 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.
6. 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.
7. In the event that exhibits, and written conditions are inconsistent, the
written conditions shall prevail. If there are any disparities between these
conditions and the plans or final revised plans that are approved for any
subsequent phase, then the conditions and/or plans as stipulated in the
later approval shall prevail.
8. The applicant shall pay all fees at the time fees are determined payable
and comply with all requirements of the applicable federal, state, and local
agencies. The duty of inquiry as to such requirements shall be upon the
applicant.
9. That prior to the commencement of excavation of 18" or greater, the
applicant shall submit to the Development Services Department
documentation that a qualified archaeologist (defined as an archaeologist
on the List of Certified Archaeologists for Orange County) has been
retained, including a Native American observed sub-consultant, to monitor
site clearing, grading, and excavation activities, stating the name,
qualifications, and contact information for the archaeologist.
Paseo Rita Tree Removal
PC Recommended Conditions of
Approval
Date: May 25, 2021
Page 3of 3
10. Pursuant to Section 8-1.03 of the Land Use Code, the project shall ensure
that all construction activities, which includes the delivery or recovery of
materials, supplies or construction equipment, shall be conducted in
accordance with the prescribed hours of operation as follows:
Monday through Friday
Saturday
7:00 a.m. to 6:00 p.m.
8:30 a.m. to 4:30 p.m.
Construction activity is prohibited on Sundays and on any federal holiday
unless waived by the Building Official for extenuating reasons.
5-l'l·Z.I
Date