Resolution Number 00-11-21-2163
RESOLUTION NO. 00-11-21-2
CONFIRMING APPROVAL OF A MITIGATED NEGATIVE DECLARATION -
SERRA VISTA OFFICE BUILDING
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, CONFIRMING THE APPROVAL OF A
MITIGATED NEGATIVE DECLARATION ASSOCIATED WITH THE
CONSTRUCTION OF A COMMERCIAL OFFICE BUILDING ON A.9 -
ACRE PARCEL LOCATED A 30300 CAMINO CAPISTRANO, AND
MORE PRECISELY REFERRED TO AS ASSESSOR'S PARCEL
NUMBER 649-361-07 (SERRA VISTA OFFICE BUILDING)
WHEREAS, Richard A. Brady is the owner of real property described as
Assessor's Parcel Number 649-361-07, located at 30300 Camino Capistrano; and,
WHEREAS, Terence M. O'Shea, 31658 Rancho Viejo Road, Suite B, San
Juan Capistrano, California 92675, has submitted a request for. approval to rezone an
approximately .9 -acre parcel from Growth Management (GM) to Commercial Office
(CO); approval of an Architectural Control application to allow the development of a
10,328 -square -foot commercial office building; approval of a Zone Variance to encroach
20 feet into the 25 -foot rear yard setback; and, a parking exception to permit parking at
a rate of 4 spaces per 1,000 square feet instead of the Code requirement of 5 spaces
per 1,000 square feet, for property located at 30300 Camino Capistrano, which is
General Plan -designated "Office Research Park" (ORP) and classified as "Growth
Management" (GM) on the Official Zoning Map; and,
WHEREAS, the proposed project has been processed pursuant to Section
9-2.301, Development Review of the Land Use Code; and,
WHEREAS, the Environmental Administrator has reviewed the project and
an initial study has been prepared pursuant to Section 15063 of the California
Environmental Quality Act (CEQA) Guidelines and, pursuant to Section 15070 of the
California Environmental Quality Act Guidelines, has issued a mitigated negative
declaration and caused a Notice of Negative Declaration to be posted pursuant to
Section 15072 of the California Environmental Quality Act Guidelines, and all mitigation
measures have been included herein as conditions of approval, and has otherwise
complied with all applicable provisions of the California Environmental Quality Act
Guidelines; and,
WHEREAS, the Planning Commission has considered the Environmental
Administrator's determination pursuantto Section 15074 of the California Environmental
Quality Act; and,
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WHEREAS, the Planning Commission conducted a duly -noticed public
hearing on October 24, 2000, pursuant to Section 9-2.313 of the Municipal Code to
consider testimony on the proposed project; and,
WHEREAS, the City Council conducted a duly -noticed public hearing on
November 21, 2000 pursuant to Section 9-2.313 of the Municipal Code to consider
testimony on the proposed project.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City
of San Juan Capistrano does hereby make the following findings -
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indings:
1. The proposed project complies with all applicable provisions of the
Land Use Code subject to mitigation measures and conditions cited by this resolution;
and,
2. The mitigation measures contained in the mitigated negative
declaration, as issued by the City's Environmental Administrator, will reduce potentially
significant environmental impacts to a level below significance.
BE IT FURTHER RESOLVED, that the City Council of the City of San
Juan Capistrano does hereby confirm a mitigated negative declaration for Rezone 00-
03, Architectural Control 00-06, and Zone Variance 00-05 for a 10,328 -square -foot
Commercial Office Building, with a 634 -square -foot accessory/garage structure, subject
to the following mitigation measures:
Mitigation Measures
Mitigation Measure #1 - Priorto issuance of a grading permit, the applicant
shall retain the services of a Society of Professional Archeologists -certified
archeologist who shall monitor all grading and excavation for potential impacts
on cultural resources including archeological, paleontological, and historical
resources. The applicant shall provide an executed contract for services with a
Society of Professional Archeologists -certified archeologist including a scope of
work which provides for comprehensive monitoring; a contingency for
assessment, recovery, and/or evaluation; and, the preparation of a technical
memoranda or report. In the event cultural resources are encountered during
grading, the monitor may cease grading operations, consistent with City Council
policy, to allow for the assessment, recovery, and/or evaluation of any cultural
resources.
Mitigation Measure #2 - Priorto issuance of a building permit the applicant
shall prepare an acoustical analysis of the site. This analysis shall include a
detailed analysis of noise reduction requirements, and noise insulation
requirements which shall be included in the final building design. The adequacy
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- of the analysis and the site building design shall be subject to the approval of the
Planning Director and Building Official.
PASSED, APPROVED, AND ADOPTED this 21st day of
November , 2000.
ATTEST:
CITY CLE
STATE OF CALIFORNIA ]
COUNTY OF ORANGE } ss
--` CITY OF SAN JUAN CAPISTRANO ]
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano,
California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of
Resolution No. 00-11-21-2 adopted by the City Council of the City of San
Juan Capistrano, California, at a regular meeting thereof held on the 21st day
of November , 2000, by the following vote:
AYES: Council Member Bathgate, Greiner, Hart, Swerdlin
and Mayor Campbell
NOES: None
ABSENT: None
(SEAL)
CHERYL JOO*SCA, CITY CLERK
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