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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.