Resolution Number 04-12-07-04RESOLUTION NO. 04-12-07-04
' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING THE MITIGATED NEGATIVE
DECLARATION FOR ORTEGA RANCH BUSINESS PARK, A PROPOSED
OFFICE COMPLEX ON APPROXIMATELY 18 ACRES OF LAND LOCATED
ON THE WEST SIDE OF RANCHO VIEJO ROAD NORTH OF ORTEGA
HIGHWAY (APN 650-142-04, 650-151-11 & 22)
WHEREAS, on January 19, 2004 Ortega Ranch, LLC submitted an
application for an Architectural Control (AC), a Conditional Use Permit (CUP) and a
Rezone (RZ)/Comprehensive Development Plan (CDP) to permit development of a
159,138 square -foot office complex consisting of twelve buildings on approximately 18
acres of land located on the west side of Rancho Viejo Road and north of Ortega Highway;
and,
WHEREAS, on September 24, 2004 the Environmental Administrator
determined that the project will not have a potentially significant adverse effect on the
environment and issued a Mitigated Negative Declaration (MND) based on the Initial Study
prepared pursuant to Section 15063 of the California Environmental Quality Act (CEQA)
Guidelines, and the project has otherwise complied with all applicable provisions of CEQA,
and mitigation measures have been included in this approving resolution as conditions of
approval; and,
WHEREAS, the Planning Commission conducted duly -noticed public
meetings on September 14, 2004, October 2, 2004, and November 9, 2004 on the
proposed project and has considered all relevant public testimony, writterI comments, the
Initial Study/MND, and written and oral staff reports. At the meeting of November 9, 2004
the Planning Commission took action to approve the MND, the Architectural Control and
the Conditional Use Permit, and took action to recommend to the City Council the approval
of the Rezone/Comprehensive Development Plan; and
WHEREAS, the City Council conducted a duly -noticed meeting on December
7, 2004 on the Rezone/Comprehensive Development Plan for the proposed project and
has considered all relevant public testimony written comments, the MND, and written and
oral staff reports.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City
of San Juan Capistrano does hereby make the following findings:
1. Pursuant to Sections 21080(c) and 15063 of the California Environmental Quality
Act, the City has complied with all applicable provisions related to the public notice,
preparation, and public review of the Initial Study and Mitigated Negative
Declaration and has complied with all applicable provisions of the City's
' Environmental Review Guidelines.
12-07-2004
�P
The Initial Study and Mitigated Negative Declaration for Ortega Ranch Business —
Park fully analyze environmental impacts associated with Rezone (RA) 04-06 and
the associated Comprehensive Development Plan (CDP) OS -01, and were
presented, reviewed and considered by the City Council and reflect the City
Council's independent judgment and analysis.
The Mitigated Negative Declaration contains mitigation measures to eliminate
and/or substantially lessen all significant effects on the environment to the extent
feasible, which have been incorporated into the project approvals as conditions of
approval.
4. Exhibit 1 of this resolution is expressly incorporated by reference as if set out in full
consists of the Initial Study and Mitigated Negative Declaration.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of
the City of San Juan Capistrano hereby approves the Mitigated Negative Declaration for
RZ 04-06 and CDP 05-01, a rezone from Office Commercial (OC) to Planned Community
(PC) on approximately 18 acres of land located on the west side of Rancho Viejo Road and
north of Ortega Highway, based on the facts and findings set forth in this resolution.
PASSED, APPROVED, AND ADOPTED this 7th day of December 2004.
Z
MAYOR
ATTEST: g
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. 04-12-07- 04was duly adopted by the City Council of the City of San
Juan Capistrano at a regular meeting thereof, held the 7 h day of December 2004, by the following vote:
AYES: COUNCIL MEMBERS: Allevato, Bathgate, Soto, Swerdlin & Mayor Hart
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNC L 7ER;: None
_-
M �A ET R. MONAHAN, City Clerk
A;