PC Resolution-24-04-24-02PC RESOLUTION NO. 24-04-24-02
TREE REMOVAL PERMIT (TRP) 24-004
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO APPROVING A REQUEST FOR A TREE REMOVAL PERMIT
RELATED TO A REQUEST TO REMOVE 22 MELALEUCA TREES, AND ONE
CANARY ISLAND PINE TREE FROM THE MISSION HILLS RANCH COMMUNITY
(TRACT 6427) DUE TO CONFLICTS WITH THE CITY OF SAN JUAN CAPISTRANO
PAVEMENT PROJECT AND FINDING THAT SAID ACTION IS CATEGORICALLY
EXEMPT FROM CEQA PURSUANT TO STATE CEQA GUIDELINES SECTION 15301
(CO-APPLICANTS: CITY OF SAN JUAN CAPISTRANO & MISSION HILLS RANCH
HOMEOWNERS ASSOCIATION, C/O ERIN BEYER)
Whereas, the City of San Juan Capistrano ("City) has requested approval
of TRP 24-004 to allow for the removal of 22 Melaleuca trees and one Canary Island Pine
tree located within the Mission Hills Ranch Community (Tract 6427) due to conflicts with
the City pavement project. The area for TRP 24-004, generally along Mission Hills Drive
between Lariat Circle to Outpost Road has a General Plan Land Use Designation of Very
Low Density and a Zoning Designation of RSE-20,000 district; and,
Whereas, Mission Hills Ranch Association ("Association") owns and
maintains the trees which are the subject of TRP 24-004; and,
Whereas, the proposed project has been processed pursuant to Section 9-
2.340, Development Review Procedures for a Tree Removal Permit of the Land Use
Code; and,
Whereas, pursuant to Section 21067 of the Public Resources Code, and,
Section 15367 of the California Environmental Quality Act ("CEQA") Guidelines (Cal.
Code Regs., tit. 14, § 15000 et seq.), the City of San Juan Capistrano is the lead agency
for the proposed Project; and,
Whereas, the City's Environmental Administrator has determined that the
project is categorically exempt from further review under Section 15301, Class 1, Existing
Facilities. A Notice of Exemption would be filed with the County Recorder's Office should
the project receive final approval; and,
Whereas, the Planning Commission has considered the Environmental
Administrator's determination pursuant to Section 15061 of the California Environmental
Quality Act (CEQA) and has considered all project environmental documentation; and,
Whereas, the Planning Commission conducted a duly-noticed public
meeting on April 24, 2024, pursuant to Title 9, Land Use Code, Section 9-2.349 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 co-applicants.
PC Resolution 24-04-24-02 2 April 24. 2024
Whereas, all other legal prerequisites to the adoption of this Resolution
have occurred.
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
15301, Class 1, Existing Facilities.
The Project is exempt from CEQA pursuant to State CEQA Guidelines
section 15301, which consists of which consists of the operation, repair, maintenance or
minor alteration of existing public structures or topographical features, involving negligible
or no expansion of use. Here, the project will remove 23 street trees and does not include
any Heritage trees as defined in section 9-2.349 of the City's Municipal Code. These trees
are causing damage to public structures, including existing street and curbs, and require
removal. The project would not create additional automobile lanes and would prevent a
possible hazard to vehicular traffic.
Further, none of the exceptions to the use of a categorical exemption as set
forth in Section 15300.2 of the State CEQA Guidelines apply because:
a. The project will not result in any significant impacts on the
environment because it is not located in a particularly sensitive environment. The location
of the trees has been previously developed with residences and landscape and has not
been designated as an "environmental resource of hazardous or critical concern" by any
federal, state, or local agency.
b. There is no possibility of a cumulative impact. Staff does not
anticipate that other projects of the same type will take place at the project site or the
surrounding area, or that the cumulative impact of any such projects would have a
cumulatively significant impact;
c. There is no reasonable possibility that the proposed project will have
a significant effect on the environment due to unusual circumstances. The proposed
project simply seeks to remove non-heritage trees from a landscaped residential area to
maintain and repair existing street and curbs and prevent a possible hazard to vehicular
traffic;
d. The project would not damage scenic resources within a highway
officially designated as a state scenic highway because there are no state scenic
highways within the project's immediate vicinity;
e. The project is not located on a site which is included on any list
compiled pursuant to Section 65962.5 of the Government Code;
f. The project would not cause a substantial adverse change in the
significance of a historical resource. There are no historical resources near the proposed
project such that project impacts would not have any substantial adverse changes in the
significance of a historical resource.
The Planning Commission hereby directs staff to prepare, execute and file
with the Orange County Clerk a Notice of Exemption within five (5) working days of
Project's approval and adoption of this Resolution .
PC Resolution 24-04-24-02 3 April 24, 2024
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 Subsection (e) of Section 9-2.349, Tree Removal Permit, Land Use
Code of the City of San Juan Capistrano:
1. The narrow planting area is not able to accommodate the 23 trees planned for
removal as evidenced by the existing damage to the adjacent concrete curbs,
gutters and the street pavement. Further, given the trees' proximity to the street,
future curb repairs which are necessary on a periodic basis, could damage the
trees' root structure which could lead to decline of the trees' stability and pose a
possible hazard to vehicular traffic on Mission Hills Drive.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby approves TRP 24-004, subject to
those conditions of approval established by Exhibit A, attached hereto and incorporated
herein.
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
records for the record of proceedings.
SEVERABILITY: If any section, subsection, sentence, clause, phrase, or
portion of this Resolution is for any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall not affect the validity
of the remaining portions of this Resolution. The Planning Commission of the City of San
Juan Capistrano hereby declares that it would have adopted this Resolution and each
section, subsection, sentence, clause, phrase, or portion thereof irrespective of the fact
that any one or more sections, subsections, sentences, clauses, phrases, or portions be
declared invalid or unconstitutional.
PROTEST OF FEES, DEDICATIONS, RESERVATIONS OR OTHER
EXACTIONS: Pursuant to Government Code Section 66020, the co-applicants 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.
Darre
024
Services Director /
retary
Project#:
Project Name:
EXHIBIT A
PC RESOLUTION NO. 24-04-24-02
CONDITIONS OF APPROVAL
Tree Removal Permit (TRP) 24-004
Mission Hills Drive Pavement Project -Tree Removals
These conditions of approval apply to the above-referenced project application.
General Conditions:
1. The above referenced entitlement approval is granted for a request to
allow for the removal of 22 Melaleuca trees and 1 Canary Island Pine tree
located within the Mission Hills Ranch Community (Tract 6427) due to
conflicts with the City pavement project. This approval is granted based on
the application materials submitted by the co-applicants, the City of San
Juan Capistrano. 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.
3. Plans associated with the relandscaping of the area where the trees are
proposed to be removed, shall be submitted by the Mission Hills Ranch
Association to the Planning Division for review and approval by the
Development Services Director at least 45-days prior to the expiration of
TRP 24-004.
4. The area where the trees are proposed to be removed shall be
relandscaped in accordance with the Development Services Director
approved relandscape plans prior to the expiration of TRP 24-004.
5. Approval of this application does not relieve the Mission Hills Ranch
Association, owner of the trees, 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.
TRP24-004
Mission Hills Drive Tree Removal
Conditions of Approval
Date: April 24, 2024
Page 2 of 2
6. The Mission Hills Ranch Association shall be responsible for informing all
subcontractors, consultants, engineers, or other business entities
providing services related to the tree removal 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. Pursuant to Section 8-1.03 of the Land Use Code, the project shall ensure
that all tree removal 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.