Resolution Number 08-05-06-03RESOLUTION NO. 08-05-06-0 3
' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, CERTIFYING OF THE FINAL
ENVIRONMENTAL IMPACT REPORT TO INCLUDE RESPONSES TO
COMMENTS, STATEMENTS OF FINDINGS OF FACT, AND
MITIGATION MONITORING AND REPORTING PROGRAM FOR THE
VENTANAS INDUSTRIAL PARK PROJECT (CENTRA REALTY)
WHEREAS, the City received applications for development of the Ventanas
Industrial Park totaling 236,329 square feet of building area, two -stories in height, with
664 parking stalls, three vehicle access entrances on the south side of Calle Arroyo
with site improvements to include landscaping, stormwater drainage, water quality
management, trash enclosure structures, flood protection, park/open space and
installation of a steel sheet piling scour wall to protect the bank of San Juan Creek on a
parcel totaling 20.33 gross acres (13.83 net acres) on property located at the west
terminus of Calle Arroyo bordering Interstate 1-5 to the west and San Juan Creek to the
south (Assessor Parcel Numbers 666-131-09, 13, 14, 15 and 16); and,
WHEREAS, the project requires approval of ten (10) zoning entitlements
including an Architectural Control, Tentative Parcel Map, Grading Plan Modification,
Tree Removal Permit, Parking Exception, Floodplain Land use Permit, Lot Line
' Adjustment or Easement, Public Right -of -Way Vacation, License Agreement, and
Shared/Joint Use Parking Agreement; 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 prepared Responses to Comments, a Statement of
Findings of Fact, and a Mitigation Monitoring and Reporting Program for the Ventanas
Industrial Park project; and
WHEREAS, the City made the Draft EIR available for a 45 day public review and
comment period from December 24, 2008 through February 7, 2008 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
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Comments to eleven (11) letters received pursuant to Section 15088 of the Guidelines,
which are included in the Final EIR; and,
WHEREAS, on December 11, 2007 the Cultural Heritage Commission
conducted a public meeting to review cultural resources, archaeological testing and
paleontology and concurred with staff recommendation and forwarded the project to the
Planning Commission with no conditions; and
WHEREAS, on December 12, 2007, the Transportation Commission conducted
a public meeting to consider the project and the Traffic Impact 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 measures, that staff perform an
intersection analysis at Rancho Viejo Road and Calle Arroyo and that the existing bike
trail remain open as much as possible during construction; and,
WHEREAS, on December 17, 2007 March 17, 2008, and April 21, 2008 the
Parks, Recreation and Equestrian Commission conducted a public meeting to consider
the bike trail realignment, concurred with staff recommendations and revisions and
forwarded the project to the Planning Commission and City Council with conditions; and
WHEREAS, on January 18, April 5, and April 19, 2007 and January 3, 2008 the
Design Review Committee reviewed architectural design, materials, colors and
landscaping and forwarded the project to the Planning Commission; and
WHEREAS, the Planning Commission 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 22, 2008, February 26, 2008, March 11, 2008, and April
8, 2008 the Planning Commission conducted public hearings to consider the Final EIR
for conformance with the California Environmental Quality Act Guidelines and the City's
Environmental Review Guidelines; and,
WHEREAS, on April 8, 2008 the Planning Commission adopted a resolution
Certifying the Final Environmental Impact Report but denied the project and
recommended that the City Council deny the project; and
WHEREAS, on May 6, 2008 the City Council conducted the continued public
hearing and affirmed the Planning Commission certification of the Final Environmental
Impact Report. _
Page 2 of 3 05-06-2008
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NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Juan Capistrano hereby makes the following findings of fact with respect to certification
of the Final Environmental Impact Report (FEIR):
1. Exhibit A, incorporated herein by reference, Responses to Comments are
incorporated hereto, that were evaluated and addressed in the Final EIR for the
Ventanas Industrial Park project; and,
Exhibit B, incorporated herein by reference, Findings of Fact, are incorporated
hereto, with respect to the preparation and certification of the Final EIR for the
Ventanas Industrial Park project; and,
Exhibit C, incorporated herein by reference, Mitigation Monitoring and Reporting
Program are incorporated hereto, with respect to mitigation measures, methods,
implementation timing and responsible parties for the Ventanas Industrial Park
project.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Juan Capistrano hereby affirms the Planning Commission certification of the Final EIR
for the Ventanas Industrial Park project.
PASSED, APPROVED, AND ADOPT4 thisp`d"c* of May, 2008.
IOE SONO, MA
Page 3 of 3
05-06-2008
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. 08-05-06-03 was duly adopted bythe City Council of the City of San Juan
Capistrano at a Regular meeting thereof, held the 6`h day of May 2008, by the following vote:
AYE ICOVNCIL MEMBERS: Hribar and Mayor Soto
NOES y\(I NCIL MEMBER: Nielsen Nielsen and Uso
ABS NCIL MEMBER: None