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PC Resolution-08-04-02-01RESOLUTION NO. 08-04-08-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CERTIFYING 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. WHEREAS, the City has received applications for development of an 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 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 a Statement of Findings of Fact and 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 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 PC Resolution 08-4-08-01 2 April 8, 2008 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 and March 17, 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 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 referred the project to the Planning Commission; 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 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, NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission 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): The attached Findings of Fact, are incorporated hereto, with respect to the preparation and certification of the Final EIR for the Ventanas Industrial Park project; and, 2. The attached Responses to Comments are incorporated hereto, that were evaluated and addressed in the Final EIR for the Ventanas Industrial Park project; and, 3. The attached 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. PC Resolution 08-4-08-01 3 April 8, 2008 NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of San Juan Capistrano hereby certifies the Final EIR for the Ventanas Industrial Park project. PASSED, APPROVED, AND ADOPTED this 8th day of April, 2008. AYES: Commissioners Kerr, Cardoza, and Ratcliffe NOES: Chairman Cohen ABSTAIN: None ABSENT: Neely Sheldon Cohen, Planning Commission Chair Steven Apple, Pfghning Director, Secretary