Resolution Number 06-09-19-07RESOLUTION NO. 06-09-19-0 7
' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP TO
CREATE 12 NUMBERED LOTS AND 5 LETTERED LOTS ON 18 ACRES
LOCATED ON THE WEST SIDE OF RANCHO VIEJO ROAD AT AVENIDA
LOS CERRTIOS (ASSESSOR'S PARCEL NUMBERS 650-142-06 AND 650-
151-22) (TPM 06-133)(ORTEGA RANCH, LLC)
WHEREAS, the applicant, Ortega Ranch, LLC, requests approval of a
tentative parcel map to subdivide eighteen acres into twelve numbered and five lettered
lots within an approved commercial office park. The property is currently construction with
twelve commercial office and support retail buildings and the proposed tentative parcel
map will not result in any physical changes to footprint of the existing commercial buildings.
The property has a General Plan designation of "Office Research Park (OPR)", and has a
Zoning Designation of "PC" (Planned Community), has an adopted CDP (Comprehensive
Development Plan) C5 01 (Ortega Ranch Business Park); and,
Whereas, the proposed project has been processed pursuant to Section 9-
2.345, Development Review of the Land Use Code; and,
Whereas, the Environmental Administrator has reviewed the project under
' the California Environmental Quality Act and determined the project to be categorically
exempt pursuant to Section 15315 of the CEQA Guidelines, has issued a Notice of
Exemption pursuant to Section 15070 of those guidelines, and has otherwise complied with
all applicable provisions of the California Environmental Quality Act (1970); and,
Whereas, the Planning Commission conducted a duly -noticed public hearing
on August 22, 2006 pursuant to the provisions of Section 9-2.335 of the Title 9, Land Use
Code, Administrative Policy 409, and Planning Department Policy 510 to consider public
testimony and adopted Resolution 06-08-22-1 recommending approval of the project as
conditioned.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
San Juan Capistrano does hereby make the following findings:
The proposed tentative parcel map is consistent with the applicable General Plan
and Specific Plans because the property has a General Plan designation of Office
Research Park (OPR) which allows commercial office and support retail activities
and is zoned Planned Community (PC) Comprehensive Development Plan (CDP)
0 5 _ o, (Ortega Ranch Business Park). The proposed tentative parcel map is
consistent with the General Plan because the commercial office park is currently
under construction and is a permitted use and the proposed subdivision will not
affect the existing uses.
I2. The design or proposed improvements of the proposed project are consistent with
the applicable General Plan and Specific Plans because the proposed subdivision
Page 1 of 3 9/1912006
will result in the creation of seventeen legal lots for financing purposes for
commercial office buildings which have existing and approved improvements with
respect to utilities and access.
3. The site is physically suitable for the type of development because the site is
currently developed with twelve commercial office buildings and the buildings will
remain in place and will not be modified by this subdivision.
4. The site is physically suitable for the proposed density of development because the
site is developed with commercial office buildings and associated improvements
including access and utilities as required by Comprehensive Development Plan
(CDP) 05-01.
The design of the subdivision and the improvements are not likely to cause
substantial environmental damage or substantially and avoidable injure fish or
wildlife or their habitat because the design of the proposed subdivision will result in
the creation of a lot subdivision which has twelve existing commercial office
buildings that will remain in place and will not be modified by this subdivision, and
the subdivision will create a lettered lot for the open space/wetlands area adjacent
to Horno Creek in accordance with the approved site plan and CDP 05-01. The site
is bordered by commercial development, 1-5 Freeway and residential development,
and because the project will not result in physical changes to the site, the project will
not create the potential to adversely affect off-site fish or wildlife habitat.
6. The design of the subdivision or the type of improvements are not likely to cause
serious public health problems because the twelve existing commercial buildings
are similar to and compatible with adjacent commercial development to the north
and south of the project site, and all required codes and conditions to protect public
health have been met on the site.
7. The design of the subdivision or the type of improvements will not conflict with
easements acquired by the public at large for access through, or the use of,
property within the proposed subdivision because the access driveway is privately
maintained by the commercial center and all easements have been noted on the
tentative parcel map.
The design of the subdivision or improvements will not interfere with the
maintenance or preservation of an historical site because the proposed project has
been designed to acknowledge and provide amenities that enhance the adjacent
Mission Cemetery. The office park buildings are under construction and will remain
in place and will not be modified by this subdivision.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of
the City of San Juan Capistrano hereby approves the project subject to the conditions of
approval established by Exhibit A, attached hereto and incorporated herein.
Page 2 of 3 9/19/2006
PASSED, APPROVED AND ADOPTED this 19th day of September, 2006.
I�"ac�
D SWER LI , MAYOR
ATTEST:
R ARET R. MONAHAN, CITY CLERK
Page 3 of 3 9/19/2006
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. 06-09-19-07 was duly adopted by the City Council of the City of San Juan
Capistrano at a Regular meeting thereof, held the 19'" day of September 2006, by the following vote:
AYES: COUNCIL MEMBERS: Bathgate, Soto, Mayor Swerdlin
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Hart, Allevato
EXHIBIT A: CONDITIONS OF APPROVAL
' Project #: TPM 06-133 Project Name: Ortega Ranch Business Park
These conditions of approval apply to Tentative Parcel Map # 06-133, to subdivide an
18 -acre property to create 12 numbered lots and 5 lettered lots. The commercial office
buildings currently under construction will remain in place and will not be modified by
this subdivision. The project is generally located on the west side of Rancho Viejo Road
at Avenida Los Cerritos. Any proposed change to this approval shall be submitted to
the City Planning Department along with the required application and fee, for review.
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.
General Conditions:
1. _ Tentative Parcel Map # 06-133 is granted to subdivide an 18 -acre parcel
to create 12 numbered lots and 5 lettered lots. All commercial office
buildings and ancillary improvements will remain in place and will not be
modified by this subdivision. This approval is granted based on the
application materials submitted by Ortega Ranch, LLA on April 13, 2006,
including the tentative parcel map prepared by Stantec Consulting, Inc.
dated June 15, 2006. 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 Planning Director to be in
substantial conformance with the approved site plan, and which do not
intensify or change the use or require any deviations from adopted
standards, may be approved by the Planning Director upon submittal of an
application and the required fee. Any application for an extension of time
shall be submitted to the Planning Department, along with the required
fee, at least ninety (90) days prior to the expiration date of this approval.
2. _ Approval of this application does not relieve the applicant from complying
with other applicable Federal, State, County or City regulations or
requirements.
3. _ 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.
4. _ 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
r=`
Page 1 of 4 9/19/2006
Ortega Ranch Business Park/TPM 06-133
Conditions of Approval
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.
5. _ 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.
6. _ 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, the conditions and/or plans as stipulated in the later
approval shall prevail.
7. _ 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.
The following conditions shall be completed prior to Final Map Approval:
8. _ Compliance. Prior to Final Map Approval, the Tract/Parcel Map shall be
developed in full compliance with the State of California Subdivision Map
Act and the City of San Juan Capistrano Municipal Code, except as
authorized by the City Council and/or Planning Commission. The
attention of the Developer and his Engineer is directed to Section 9-2.3
and 9-4 of the Municipal Code. (ENG)
9. _ Pay Fees and Post Sureties. Prior to Final Map Approval, the applicant
shall fulfill all applicable engineering fee requirements in accordance with
the City Municipal Code, Section 9-2.316, the Capistrano Valley Water
District Schedules of Rates and Charges, as last revised, and post
securities to insure satisfaction performance of proposed on-site and off-
site grading, drainage, landscape and irrigation, erosion and sediment
control, sewer, water, street and all appurtenant improvements. (ENG)
10. _ Tentative Map Compliance and Closure Calculations. Prior to Final Map
Approval, the applicant shall submit to the City Engineer for review and
obtain approval for a Final Map in substantial compliance with the
approved Tentative Map, which shall include the adjusted lot lines as set
forth on Lot Line Adjustment application No. 05 — south of lot 216/Tract
12954-04. Said Map shall be accompanied with traverse closure
Page 2 of 4 9/19/2006
Ortega Ranch Business Park/TPM 06-133
Conditions of Approval
' calculations, a plotted American Land Title Association (ALTA) survey,
and an updated Title Search Report, except as otherwise approved by the
City Engineer. (ENG)
11. _ Street Access Release. Prior to Final Map Approval, the applicant shall
indicate and show on the Final Map the following release: "Subdivider
hereby releases and relinquishes to the City of San Juan Capistrano, all
vehicular access rights to Rancho Viejo Road and Avenida Los Cerritos
except at street intersections and City approved driveway locations".
(ENG)
12. Submission of Digital Map per County Requirement. Prior to recordation
of the Final Map, the applicant shall submit for review and obtain approval
of the Orange County surveyor for, a digital Tract/Parcel Map pursuant to
Orange County Ordinance 3809 of January 28, 1991. The applicant shall
pay for all cost of said digital submittal including supplying digital copies,
to the City, of the final County Surveyor approved digital map in a .PXF
format. In addition, the applicant shall provide the City with digital copies
of all improvement plans and as-builts in the digital format. (ENG)
13. _ Reciprocal Agreements and Maintenance Association. Prior to Final Map
Approval, the applicant shall prepare and submit to the City Engineer for
' review and shall obtain approval for the proper easement and agreement
documents associated with cross parcel drainage and utility lines for
maintenance, reciprocal parking and access purposes. The applicant shall
also implement a Maintenance Association for the purposes of maintaining
landscaped areas, parking lot, drive aisles and other site amenities in
perpetuity. (PLN & ENG)
14. _ Existing Easements. Prior to Final Map Approval, the applicant shall
incorporate into the project design all existing easements (parking, utilities,
access) within the project boundaries, or obtain abandonment of said
easements from the affected easement holder(s). If this requirement
cannot be accomplished, the project shall be redesigned accordingly as
approved by the City. (ENG) (PW)
15. _ Dedication of Water Rights. Prior to Final Map approval, the applicant
shall dedicate, at no cost to the City, all water rights. (PW)
16. _ Prior Conditions. All conditions of approval for Architectural Control (AC)
04-02, as well as the Mitigation Measures prepared and approved for AC
04-02 Mitigated Negative Declaration, shall be met at all times.
Page 3 of 4 9/19/2006
Ortega Ranch Business Park/TPM 06-133
Conditions of Approval
Responsible Agencies: B&S Building and Safety
ENG = Engineering Department
PLN = Planning Department
PW = Public Works Department
OCFA = Orange County Fire Authority
Applicant Acceptance of Conditions of Approval:
M
Its:
Ortega Ranch, LLA
Title
Date
Page 4 of 4 9/19/2006
RESOLUTION NO. 06-09-19-08
' RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA APPROVING THE ISSUANCE OF
COLORADO EDUCATIONAL AND CULTURAL FACILITIES AUTHORITY
ADJUSTABLE RATE REVENUE BONDS (PUEBLO SERRA WORSHIP
HOLDINGS PROJECT), SERIES 2006 (JSERRA HIGH SCHOOL)
WHEREAS, the City of San Juan Capistrano (the "City') is a municipal
corporation, organized and existing under the laws of the State of California; and
WHEREAS, the City has been asked to provide the approval of a local
"host" government agency for the issuance of tax-exempt bonds for the benefit of
Junipero Serra High School in order to satisfy the public approval requirement of
Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"); and
WHEREAS, such approval by the City is required in order to qualify the
interest on the Colorado Educational and Cultural Facilities Authority ("CECFA")
Adjustable Rate Revenue Bonds (Pueblo Serra Worship Holdings Project) Series 2006
(the 'Bonds") for exclusion from the gross income of the owners thereof for federal
income tax purposes pursuant to the applicable provisions of the Code; and
WHEREAS, the City is advised that the proceeds of the Bonds will be
loaned to New Ventures in Higher Education, Inc., which will reloan such proceeds to
Pueblo Serra Worship Holdings, to finance and refinance the acquisition, construction,
and equipping of classroom, administration, parking, and athletic facilities and related
infrastructure improvements located at 26351 Junipero Serra Road, San Juan
Capistrano, California, 92675-1635 which are leased to Junipero Serra High School (the
"Project") as more fully described in the Notice of Public Hearing attached hereto as
Exhibit A; and
WHEREAS, the City has previously adopted a resolution stating a policy
of neutrality towards requests for approvals under Section 147(f); and
WHEREAS, the City is informed and believes the proceeds of the Bonds
are restricted such that they may not be used to fund the religious activities or to further
the religious mission of Junipero Serra High School, and that such proceeds may not be
used for the construction or rehabilitation of any facilities where religious doctrines are
taught or where worship occurs; and
WHEREAS, a public hearing with respect to the Bonds was held by this
Council on September 19, 2006, at 7:00 p.m. (the "Public Hearing") after a Notice of
Public Hearing was published for the hearing on August 31, 2006 in the Capistrano
Valley News, as evidenced by the copy of the affidavit of publication attached hereto as
Exhibit B; and
Page 1 of 3 9/19/2006
WHEREAS, after reasonable public notice was given, the Public Hearing
was held and no objections were raised at the Public Hearing with respect to the
proposed issuance of the Bonds or the financing and refinancing of the Project; and
WHEREAS, the City has considered the Project and the financing
proposed to be provided by the Bonds.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
San Juan Capistrano as follows:
1. For the sole purpose of qualifying the interest on the Bonds for
exclusion from the gross income of the owners thereof for federal income tax purposes
pursuant to the applicable provisions of the Code, the issuance of the Bonds in an
aggregate principal amount of not to exceed $50,000,000 and the financing and
refinancing of the Project are hereby approved, provided that in no event shall the City
be liable for the Bonds nor shall the Bonds constitute a debt of the City.
2. The City makes no representation regarding its authority to provide
this approval under federal, State, or local law.
3. This Resolution is being adopted solely for the purpose of meeting
the requirements of Section 147(f) of the Code, and in no way represents any type of
grant or aid by, or support from, the City with respect to the Project or the Bonds. The
City shall have no responsibility for or involvement in the issuance of the Bonds
whatsoever.
4. The City hereby adopts this Resolution in reliance on the following
understandings and agreements:
a. The understanding that Hogan & Hartson ("bond counsel"),
Junipero Serra High School, Pueblo Serra Worship Holdings, and CECFA have each
acknowledged (or will acknowledge prior to the issuance of the Bonds) that the City
makes no representation regarding the effectiveness of this Resolution for its intended
purpose under the Code, or the City's authority to provide this approval under federal,
State, or local law;
b. The letter provided to the City by bond counsel stating that
bond counsel will provide a reliance letter to the City regarding its final approving
opinion for the bond issue;
C. The indemnification agreement pursuant to which Junipero
Serra High School and Pueblo Serra Worship Holdings agreed to indemnify and hold
the City harmless, and pursuant to which Junipero Serra High School and Pueblo Serra
Worship Holdings acknowledges that the City is under no obligation to defend the
approval provided by this Resolution, and pursuant to which Junipero Serra High School
and Pueblo Serra Worship Holdings agree to undertake such defense and to indemnify
the City against any claims against it relating to this approval; and
Page 2 of 3 9/19/2006
d. The understanding that the proceeds of the Bonds are
' restricted such that they may not be used to fund the religious activities or to further the
religious mission of Junipero Serra High School, and that such proceeds may not be
allocated to any facilities where religious doctrines are taught or for worship activities at
such facilities.
i
ATTEST:
That this Resolution shall take effect upon adoption.
PASSED, APPROVED AND ADOPTED this 1 gth day of Se tuber, 2006.
DAVID M. S E b! -IN, MAYOR
R. MONAHAN, CITY CLERK
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. 06-09-19-08 was duly adopted bythe City Council of the City of San Juan
Capistrano at a Regular meeting thereof, held the 19`h day of September 2006, by the following vote:
AYES: COUNCIL MEMBERS: Bathgate, Soto, Mayor Swerdlin
NOES: COUNCIL MEMBER: None
�ABSfENNfT:COUNC L MEMBER: Hart, Allevato
R. MONAHAN, City Clerk
Page 3 of 3 9/19/2006