Resolution Number 08-05-06-05--
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. i RESOLUTION NO. 08-05;..06-05
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'·' 'I ;: .J A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN ·JUAN
CAPISTRANO, CALIFORNIA, APPROVIN{; THE VENTANAS INDUSTIRAL PARK
PROJECT INCLUDING ZONING ENTITLEMENT .APPLICATIONS FOR
-TENTATIVE PARCEL MAP {TPM) 07-002, FLOODPLAIN LAND USE PERMIT,
LOT LINE ADJUSTMENT/EASEMENT, Pl)BLIC RIGHT-OF-WAY VACATION,
LICENSE AGREEMENT, AND SHARED/JOINT USE PARKING AGREEMENT ON
PROPERTY LOCATED AT ASSESSOR PARCI;L NUMBERS 666'-131-09, 013,
014, 015 & 016 AT THE WEST TERMINUS OF CALLE ARROYO BORDERING
INTERESTATE 1-5 TO THE WEST AND SAN JUAN CREEK TO THE SOUTH IN
THE PC (PLANNED COMMUNITY) ZONE SUBJECT TO COMPREHENSIVE
DEVELOMENT POLAN 78-01, ORTEGA PLANNED COMMUNITY WITHIN
PLANNING SECTORS "B" AND "C" (CENTRA REALTY) .
WHEREAS, Centra Realty . has submitted applications to develop the
· · Ventanas industrial park project. consisting of eleven (11) buildings, two-stories in height,
. totaling approximately 225,000 square feet of gross building area with 689·parki~g stalls
. and three .Vehicle drive entrances on the south side of Calle Arroyo; and ·
WHEREAS, six (6) zoning entitlements require City Council approvaJ to
include the-tentative parcel map, floodp1ain land use permit, lot line adjustment/easement,
public right-of.:way vacation, license agreement, and shared/joint use parking agreement;
and
WHEREAS-, the project site General Plan Land Use Map designation is
Industrial Park that is consistent with the PC {Planned Community) zoning designation
subject to Comprehensive Development Plan (COP) 7.8-01, Ortega Planned Community
that sets forth land uses and developmentstandards consistent with the Industrial Park
zone·; and ·
WHEREAS, the City Council has reviewed the Tentative. Parc~l Map and
determined that such map complies with the State Subdivision Map Act and Title 9, Land
Use Code Section 9-2.345; and: · · · ' ·
WHEREAS, the City Council has reviewed the floodplain land use permit and
determined that the portion of the property near San· Juan Creek is located in the 100-year
flood zone AEpursuant to FEMA Map dat~d November 3, 1993 ·and the Conditional Letter.
. . . . . . . . . . . (
· of Map Revision (CLOMR) letter authorizes work within the flood ione area; and · ·
WHEREAS, the City Council has reviewed the easement agreementbetween
Centra Realty and St. Margaret's Episcopal School for reciprocal-access on the Paseo
Tirador right-of-way that would be vacated and determined ·an easement is preferable to a
lot l,ine adjustment; and · · . . .
WHEREAS, the City Council has reviewed the request to vacate the Paseo
Tira_.d_Qf right::-of:-way and determined that the Git~(-has .a street easement; the applicant .....
owns the fee under the. roadway, the cul-de'-Sac only·. serves property owned by tile
applicant or the City water services site, and by vacatiMg this street the Cityelirninates the
!iability and maintenance costs associated with it yet still will retain access to the well site
. · via a license agreement; and · · ·
WHEREAS; the City Council has reviewed the proposal for the applicant to
grant the City a license agreement for ingress, egress, landscaping and parki.hg over a
parcel comprising approximately 0.92 acres of City-owned land used for public water
-services and .determined such license agreement will not interfere with such City water ·
· services; and
WHEREAS, the City Council has reviewed the proposal for a $h~red/joint use
parking agreement to al.low public aGcess and public parking on that portion of. the
· .. proposed parking lot improvements .situated within Planning SeCtor "C" of the project site
· within Comprehensive Development Plan (COP) 78-01, Ortega Planned Community and
determined the agreement is consistent with the COP and would provide public access to
the stables and trail; and
WHEREAS, the Environmental Administrator has evaluated the project and
· · ·determined that an ~nvironmental Impact Report (EIR) was required, said EIR: was
: ,., prepared and processed pursuant to the provisions of the California Environmental Quality
·. Act and the City's EIR Guidelines; and, · · ·
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WHEREAS, the· Pl:anning · Commission has·. conducted dulyo;.noticed public
hearings on January 22, 2008, February 26; 2008, .March 11, 2008, and April 8, 2008
providing City-:-wide notice and exce.eding the provisions of Title 9, Land Use Code, Section
9-2.339, Public Meeting Procedures, Administrative Policy 409, and Planning Department
Policy 510 to consider public testhnony on the proposed project and has considered all
relevant public comment. .
WHEREAS, on Aprif 22, 2008 ·:the Planning Commission adopted a resalutioh
with findings of fact denying the entitlements for the Ventanas Industrial Park project over.
which it has jurisdiction and recommending denial of the entitlements over which the City
Council has jurisdiction; and · ·
WHEREAS, on May 6, 2008 the City CounciLcondt.icted a duly noticed public
hearing and approved the Ventanas Industrial Park Project.
NOW, THEREFORE,_ BE IT RESOLVED, thatthe City Council finds that the
Ventanas Industrial Park project zonirig entitlements are consistent with the General Plan,
Title 9 Land Use Code, the City's adopted Architectural Design Guidelines, the
Comprehensive Development Plan (COP) 78-01, and the California Environmental Quality
Act(CEQA) Guidelines and hereby approves Tentative Parcel Map 07~02, Floodplain Land
. Use Permit, Lot Line Adjustment/Easement, Public Right-of-Way Vacation, License
Agreement, and Shared/Joint Use Parking Agreement subject to the conditions of approval
in Exhibit A. ·
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J k::.:..' NOW, THEREFORE, BE .IT FURTHER RESOLVED, that the City Council of
~-~_:Jh.~Qity ofSanJuanCaplstrano.hereby overturns the.decisionofthePiannin9-GommissioA---~ --~-~ ----
to deny the project and the City CounciL hereby grants associated approvals of
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. Architectural Control 07-01, Grading Plan Modification 07,.08, and Tree Removal Permit
subject to the Conditions of Approval as se( forth in Exhibit A.
. PASSED, APPROVED AND·ADOPTED this 6th day of May;2008 ...
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CllY OF SAN JUAN CAPISTRANO )
I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano-, do
hereby certify thatthe foregoing Resolution No. 08-05-06-05 was duly adopted by the City
Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 6th day of
May 2008, by the following vote: -
OUNCIL MEMBERS: Allevato, Hribar and Mayor Soto
OUNCIL MEMBERS: Nielsen; Uso
OUNCILMEMBER: Norie