PC Resolution-08-02-12-04PC RESOLUTION NO. 08-02-12-04
REZONE 06-06 AND TENTATIVE PARCEL MAP 2007-226
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO RECOMMENDING TO THE CITY COUNCIL THE APPROVAL OF
REZONE 06-06 AND TENTATIVE PARCEL MAP 2007-226 FOR CENTRA POINTE
OFFICE PARK (CITY OF SAN JUAN CAPISTRANOXENTRA REALTY CORPORATION)
Whereas, the City, of San Juan Capistrano has determined that the City -
owned property located at the northwest corner of Rancho Viejo Road and Golf Club Drive,
also known as a portion of Lot 217 of Tract 12954, is no longer required for public use and
has undertaken the necessary steps to declare the property surplus and to dispose of the
property; and,
Whereas, in the process of declaring the property surplus, the City requested
proposals from potential purchasers to develop the property, and after consultation with
surrounding property owners and consideration of each submitted proposal, determined
that the highest and best use of the property as well as the optimal benefit to the
neighboringproperty owners and public at large, would be development of the site by
Centra Realty Corporation for an office park; and
Whereas, on August 1, 2006 the City Council took action to approve a
Purchase and Sale Agreement for the sale of a 3.45 acre portion of Lot 217 of Tract 12945
to Centra Realty Corporation for the development of an office complex, and
Whereas, project site is zoned Planned Community (PC) and is regulated
under Comprehensive Development Plan (CDP) 86-04 that designates the site for Public
Institutional (P&I) use, and the proposed project will require amendment of the CDP to
designate the site for Commercial Office (CO) use; and
Whereas, the northerly .95 acre portion of Lot 217 will be retained by the
City, is designated P & I, and it is the intent of the City to designate that portion of the lot
for open space uses which requires an amendment of CDP 86-04 to designate that portion
of the lot Open Space (OS); and
Whereas, on November 6, 2006, the property owner (City of San Juan
Capistrano) and the applicant (Centra Rea lty.Corporation) filed applications with the City to
process a Rezone (RZ) application to amend CDP 86-04 to change the designation of the
southerly portion of Lot 217 to CO and to change the designation of the northerly portion of
the lot to OS, and further, filed an application for a Tentative Parcel Map (TPM) tore -
subdivide the property into four numbered lots and three lettered lots in order to split the
northerly portion of the property that is intended to remain City -owned, and to permit future
sales of individual office suites as condominiums on the southerly portion of the parcel; and
Whereas, the proposed project has been processed pursuant to Section 9-
2.301, Development Review of the Land Use Code and with Section 9-2.315 with respect
to zone change applications; and,
PC Resolution 08-02-26-04 2 February 26, 2008
Whereas, the Planning Commission has determined that the tentative parcel
map complies with Land Use Code Section 9-2.345 to wit:
1. The proposed tentative parcel map is consistent with the General Plan in
that the map proposes to establish four numbered lots and three lettered
lots for the purpose of establishing an office complex which is compatible
with the General Plan Land Use Element designation of P&I that permits
commercial office uses; and
2. The design or improvement of the proposed subdivision is consistent with
the applicable General and Specific Plans in that the proposed use is
consistent with the uses allowed by the general plan; and the land uses,
minimum lot size requirements as established by the Marbella Golf &
Country Club Comprehensive Development Plan (CDP 86-04); and
3. The site is physically suitable for the type of development in that the
proposed project meets the site development standards as established
by Title 9 of the Land Use Code and by CDP 86-04; and
4. The site is physically suitable for the proposed density of development in
that the project does not exceed the floor area ratios established both by
Title 9 of the Land Use Code and CDP 86-04; and
5. The design of the subdivision or proposed improvements are not likely to
cause substantial environmental damage or substantially and
unavoidably injure fish or wildlife or their habitat in that the project site is
not within a fish or wildlife habitat area and an environmental impact
report has been prepared and certified and no adverse environmental
impacts have been identified; and
6. The design of the subdivision or the type of improvements is not likely to
cause serious public health problems in that the environmental impact
report specifically analyzed the potential impact on public health and no
adverse impacts with respect to pubic health were identified that cannot
be mitigated to an acceptable level; and
7. The design of the subdivision or the type of improvements will not conflict
with easements acquired by the public at large for access through, or the
of, property within the proposed subdivision in that the public riding trail
along the edge of the parcel and water pumping station and related
facilities on site will be maintained.
Whereas, the Environmental Administrator has evaluated the project and
determined that an Environmental Impact Report (EIR) was required, said EIR having been
prepared and processed pursuant to the provisions of the California Environmental Quality
Act and the City's EIR Guidelines; and,
Whereas, the proposed project is consistent with the General Plan in that
the property is designated 5.0 - Public & Institutional (P&I) by the Land Use Element and
commercial office uses are permitted within the P&I use designation ; and,
Whereas, the Planning Commission conducted duly -noticed public hearings
on January 8, 2008, and February 12, 2008 and February 26, 2008 pursuant to the
PC Resolution 08-02-26-04 3 February 26, 2008
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
testimony on the proposed project and has considered all relevant public comment.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission finds
the proposed amendment to CDP 86-04 and TPM 2007-226 are consistent with the intent
of the General Plan and will result in a land use that is compatible with surrounding land
uses, and recommends to the City Council the approval of RZ 06-06 and TPM 2007-226.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby further recommends to the City
Council that associated approvals by the Planning Commission of Architectural Control
(AC) 06-17, Grading Plan Modification (GPM) 07-09 and Tree Removal Permit (TRP) 07-
04 shall only become effective with the approval of RZ 06-06 and TPM 2007-226.
PASSED, APPROVED AND ADOPTED this 26th day of February, 2008, by
the following vote, to wit:
AYES: Chairman Cardoza, Commissioners Kerr and Ratcliff
NOES: Commissioner Cohen
ABSTAIN: None
ABSENT: Commissioner Neely
Robert Cardoza, Chairm
Steven App e, Planning Director, Secretary