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Resolution Number 08-03-04-05' RESOLUTION NO. 08-03-04-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONFIRMING THE CERTIFIED FINAL ENVIRONMENTAL IMPACT REPORT FOR REZONE (RZ) 06-06 AND TENTATIVE PARCEL MAP (TPM) 2007-226, CENTRA POINTE OFFICE PARK. WHEREAS, the Orange County Fire Authority notified the City that City -owned property located on the northwest corner of Rancho Viejo Road and Golf Club Drive is no longer required for use as a fire station site, and the City having determined that the property is surplus, the City having processed proposals for purchase and development of the property, and having determined to sell the property to Centra Realty Corporation for development of a commercial office complex; and, WHEREAS, on August 1, 2006, the City approved a Purchase and Sale Agreement with Centra Realty Corporation to sell the property for the purposes of development as a commercial office use; and, WHEREAS, it was determined that the proposed office use would require the amendment of Comprehensive Development Plan (CDP) 86-04, specifically to change the designation in the CDP text, land use table, and land use maps from Public and Institutional (P&I) to Commercial Office (CO) and Open Space (OS), and further determined that a new parcel map was required in order to divide the property into parcels that would allow the purchase of approximately 3.5 acres for office use and approximately one acre to be retained by the City for open space use; and, WHEREAS, on November 6, 2006 the City of San Juan Capistrano and Centra Realty Corporation applied for a Rezone (RZ 06-06), Tentative Parcel Map (TPM 2007-226), Architectural Control (AC 06-17), Grading Plan Modification (GPM 07-09) and Tree Removal Permit (TRP 07-04) to permit the construction of a 35,874 square -foot office park, said application having been duly processed in accordance with Municipal Code requirements, and AC 06-17, GPM 07-09 and TRP 07-04 having been approved by the Planning Commission on February 26, 2008, and, further, the Planning Commission having taken action on February 26, 2008 to recommend to the City Council the approval of RZ 06-06 and TPM 2007-226; and, WHEREAS, the Environmental Administrator has required preparation of an environmental impact report pursuant to Section 15081 of the California Environmental Quality Act (CEQA) Guidelines; has issued the Notice of Preparation pursuant to Section 15082 of those guidelines; has overseen the preparation of the Draft Environmental Impact Report (DEIR) prepared pursuant to Section 15084 of those Guidelines; has issued a Notice of Completion pursuant to Section 15085 of those Guidelines; has provided for public review of the Draft Environmental Impact Report (DEIR) pursuant to Section 15087 of those guidelines; has reviewed all comments and prepared responses to comments pursuant to Section 15088 of those guidelines; and has otherwise complied with all applicable provisions of the California Environmental Quality Act (1970); and, ' WHEREAS, the City has provided all required public notices under CEQA, including, but not limited to, the issuance of a Notice of Preparation of a Draft EIR pursuant to Section 15082 of the Guidelines, a Notice of Completion of a Draft EIR pursuant to Section 15085 of the Guidelines; and, Page 2 of 2 03/04/08 WHEREAS, the City made the Draft EIR available for a 45 day public review and comment period pursuant to Section 15087 of the Guidelines, has reviewed all of the significant environmental issues raised during the public review and comment period and prepared responses to comments pursuant to Section 15088 of the Guidelines, which are included in the Final EIR; and, WHEREAS, on November 14, 2007, the Transportation Commission conducted a public meeting to consider the project and the Traffic Analysis prepared for the project, found the traffic mitigation measures as recommended by the Report to adequately mitigate the project's traffic -related impacts, and took action to forward the project to the Planning Commission with a recommendation that the project be approved subject to a finding that the mitigation measure as it relates to full secondary improvements to Rancho Viejo Road are excessive for the scope and scale of this development and will be included as future CUP improvements to that roadway; and, WHEREAS, the Planning Commission has considered the Environmental Administrator's determination pursuant to Section 15074 of the California Environmental Quality Act (CEQA), has considered all project environmental documentation and technical studies; and, WHEREAS, on January 8, 2008, February 12, 2008 and February 26, 2008 the Planning Commission conducted public meetings to consider the Final EIR for conformance with the California Environmental Quality Act Guidelines and the City's Environmental Review — Guidelines, and on February 26, 2008 took action to certify the Final Environmental Impact Report (FEIR); and, WHEREAS, the City Council has determined that the Certified FEIR addresses the proposed Rezone and Tentative Parcel Map as well as all aspects of the proposed project, and, therefore, no further action is required with respect to the Certified FEIR. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano hereby confirm the Planning Commission certification of the Environmental Impact Report for Centra Point Office Park and determines that the Certified FEIR stands as the CEQA documentation for RZ 06-06 and TPM 2007-226, said Certified FEIR being attached as referenced as Exhibit "A" to this Resolution. PASSED, APPROVED AND A139PiEP day of March, 2008. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARGARET R. MONAHAN, appointed City Clerk of the Cityof San Juan Capistrano, do hereby certify that the foregoing Resolution No. 08-03-04-05 was duly adopted by the City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 4 h day of March 2008, by the following vote: AYES: COUNCIL MEMBERS: NOES OUNCIL MEMBER: ABS T:COUNCIL MEMBER: City Allevato, Nielsen, Hribar, Uso and Mayor Soto None None RESOLUTION NO. 08-2-26-2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE CENTRA POINTE OFFICE PARK (CITY OF SAN JUAN CAPISTRANOXENTRA REALTY) WHEREAS, the City has processed an application for development of a 35,874 square -foot office complex consisting of three buildings located on surplus City -owned property on the northwest comer of Rancho Viejo Road and Golf Club Drive, and has prepared a Focused Environmental Impact Report (EIR) in compliance with the California Environmental Quality Act (Public Resources Code §21000 et, seq.) (CEQA); and, WHEREAS, the project requires approval of a Architectural Control (AC), Rezone (RZ), Grading Plan Modification (GPM), Tree Removal Permit (TRP) and Tentative Parcel Map (TPM); and, WHEREAS, the Environmental Administrator has required preparation of an environmental impact report pursuant to Section 15081 of the California Environmental Quality Act (CEQA) Guidelines; has issued the Notice of Preparation pursuant to Section 15082 of those guidelines; has overseen the preparation of the Draft Environmental Impact Report (DEIR) prepared pursuant to Section 15084 of those Guidelines; has issued a Notice of Completion pursuant to Section 15085 of those Guidelines; has provided for public review of the Draft Environmental Impact Report (DEIR) pursuant to Section 15087 of those guidelines; has reviewed all comments and prepared responses to comments pursuant to Section 15088 of those guidelines; and has otherwise complied with all applicable provisions of the California Environmental Quality Act (1970); and, WHEREAS, the City has provided all required public notices under CEQA, including, but not limited to, the issuance of a Notice of Preparation of a Draft EIR pursuant to Section 15082 of the Guidelines, a Notice of Completion of a Draft EIR pursuant to Section 15085 of the Guidelines; and, WHEREAS, the City made the Draft EIR available for a 45 day public review and comment period pursuant to Section 15087 of the Guidelines, has reviewed all of the significant environmental issues raised during the public review and comment period and prepared responses to comments pursuant to Section 15088 of the Guidelines, which are included in the Final EIR; and, WHEREAS, on November 14, 2007, the Transportation Commission conducted a public meeting to consider the project and the Traffic Analysis prepared for the project, found the traffic mitigation measures as recommended by the Report to adequately mitigate the project's traffic -related impacts, and took action to forward the project to the Planning Commission with a recommendation that the project be approved subject to a finding that the mitigation measure as it relates to full secondary improvements to Rancho Viejo Road are excessive for the scope and scale of this development and will be included as future Capistrano Circulation Fee Program (CCFP) improvements to that roadway; and, WHEREAS, the Planning Commission has considered the Environmental Administrator's determination pursuant to Section 15074 of the California Environmental Quality EXHIBIT A ' PC Resolution 08-2-26-2 2 February 26, 2008 Act (CEQA), has considered all project environmental documentation and technical studies; and, WHEREAS, on January 8, 2008, February 12, 2008 and February 26, 2006 the Planning Commission conducted public meetings to consider the Final EIR for conformance with the California Environmental Quality Ad Guidelines and the City's Environmental Review Guidelines: and, NOW, ?HEREFORE, BE IT RESOLVED, that the Planning Commission of the City of San Juan Capistrano hereby makes the following findings with reaped to certification of the Final Environmental Impact Report (FEIR): 1. The Findings of Fact, attached hereto as Exhibit A and incorporated herein, with respect to the preparation and certification of the Final EIR for the Centra Pante Office Park; and, with respect to the Project Altematives that were evaluated in the Final EIR for the Centra Pointe Office Park; and, 2. The Statement of Overriding Considerations (SOC), attached hereto as Exhibit B and incorporated herein, with respect to potentially significant and unavoidable environmental impacts of the Centra Pointe Office Park that cannot be mitigated to a less than significant level; and, 3. The Mitigation Monitoring and Reporting Program (MMRP), attached hereto as Exhibit C and Incorporated herein, with respect to monitoring the implementation of mitigation measures. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission hereby certifies the Final EIR for the Centra Pointe Office Park. PASSED, APPROVED, AND ADOPTED this 26^ day of February 2008. AYES: Chairman Cardoza, Vice Chairman Cohen, Commissioners Ratcliffe and Kerr NOES: None ABSTAIN; None ABSENT. Neely