Resolution Number 06-05-16-06RESOLUTION NO. 06-05-16-06
' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, MODIFYING AN ACTION OF THE
CULTURAL HERITAGE COMMISSION AND APPROVING AN
AMENDMENT TO THE HISTORIC DEPICTION PROGRAM FOR
ARCHITECTURAL CONTROL (AC) 04-02 (ORTEGA RANCH) (CENTRA
REALTY CORPORATION)
WHEREAS, on November 9, 2004, the City approved an application for a business
park consisting of approximately 159,000 square feet within 12 buildings located on the
west side of Rancho Viejo Road, north of Ortega Highway at Avenida Los Cerritos and
further described as Assessor's Parcel No. 650-151-22; and
WHEREAS, City Council Policy No. 606 requires new development projects to
prepare and have approved a Historic Depiction Program (HDP) in order to protect and
preserve the City's unique cultural, historical, political, architectural and economic heritage;
and
WHEREAS, on July 27, 2004, the Cultural Heritage Commission approved a Historic
Depiction Program for the Ortega Ranch project, with conditions to include an additional
plaque to be located at the main entry to the Mission Cemetery; and
WHEREAS, on November 9, 2004, the Planning Commission approved AC 04-02
with Condition 50 of PC Resolution No. 04-11-09-1 that required the applicant to submit the
Mission Cemetery plaque to the CHC for review and approval; and
WHEREAS, the applicant, Centra Realty Corporation, 3 Park Plaza, Suite 1490,
Irvine, CA 92614, prepared and submitted an Amendment to the approved HDP on
February 8, 2006; and,
WHEREAS, on February 28, 2006, the Cultural Heritage Commission approved said
Amendment to the Ortega Ranch HDP; and
WHEREAS, on March 15, 2006, an appeal of the Cultural Heritage Commission's
action to approve the HDP Amendment was filed by David Belardes, 31742 Via Belardes,
San Juan Capistrano, CA 92675, in accordance with Section 9-2.311 of the Land Use
Code; and
WHEREAS, on May 16, 2006, the City Council considered the appeal of the Cultural
Heritage Commission's action on the Amendment to the Ortega Ranch HDP in accordance
with Section 9-2.311 of the Land Use Code.
I NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Juan Capistrano does hereby modify the action of the CHC to approve an Amendment to
Page i of 1 05-16-2006
the Ortega Ranch HDP subject to the conditions in Exhibit A attached hereto and
incorporated herein.
PASSED, APPROVED, AND ADOPTED this 16"' day of May, 2006.
r G
DAVID M. SWEPLIK, MAYOR
ATTGQT-
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do hereby
certify that the foregoing Resolution No. 06-05-16-06 was duly adopted by the City Council of the
City of San Juan Capistrano at a Regular meeting thereof, held the 16th day of May 2006, by the
following vote:
AYES: COUNCIL MEMBERS: Hart, Bathgate, Soto, Allevato, and Mayor Swerdlin
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: None
2
AR ARET R. MONAHAN, City Clerk
Page 2 of 2 05-16-2006
RESOLUTION NO. 06-05-16-06
' EXHIBIT A
CONDITIONS OF APPROVAL
Project #: AC 04-02
Project Name: Amendment to Ortega Ranch HDP
APPROVAL DATE:
May 16, 2006
EFFECTIVE DATE:
May 17, 2006
EXPIRATION DATE:
N/A
These conditions of approval apply to the Amendment to the Historic Depiction Program
(HDP) for Ortega Ranch (AC 04-02). Any proposed modifications to the HDP as
amended shall be submitted to the City Planning Department for review. For the
purpose of these conditions, the term "applicant" shall also mean the developer, the
owner or any successors) in interest to the terms of this approval.
The plaque text shall read in its entirety as follows:
"OLD MISSION CEMETERY
Situated on this hill, located between the two rivers of the
' Capistrano Valley, is this sacred and consecrated ground. From this
hilltop, the ocean, Mission, and town can be seen. It is a perfect resting
place for San Juan Capistrano's historic families. This cemetery dates
back to the 1860's and was sold to the Catholic Church by James
Sheehan, soon after his wife Ann's death in 1878. Native Acjachemen/
Juaneno, families from the early Rancho period, and later settlers to this
Valley are buried here. On the headstones can be seen the names of
those historic families who have been, and who still are,
a part of San Juan Capistrano's rich history.
This cemetery is owned by the Diocese of Orange
and is operated by Mission San Juan Capistrano."
2. _ The applicant shall coordinate with the Mission and the City's Historic
Preservation Manager to reduce the size of the Mission Cemetery wall
plaque to a mutually agreeable size that still meets the intent of City
Council Policy 606 and the adopted HDP review criteria.
3. _ The applicant shall comply with the requirements of Condition Nos. 50 and
52 of Planning Commission Resolution No. 04-11-9-1 to install the HDP
and amended HDP per this approval prior to the issuance of a Certificate
of Occupancy for structures immediately adjacent to the Mission Cemetery
wall.
' 4. _ The applicant or designee/successors shall be responsible for perpetual
maintenance of the HDP as amended in a pristine condition.