PC Resolution-06-08-22-04RESOLUTION NO. 06-08-22-04
TENTATIVE PARCEL MAP (TPM) 06-133,
ORTEGA RANCH BUSINESS PARK
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN
JUAN CAPISTRANO RECOMMENDING APPROVAL OF A TENTATIVE
PARCEL MAP TO CREATE 12 NUMBERED LOTS AND 5 LETTERED
LOTS AND FINDING THE PROJECT EXEMPT FROM CEQA, ON 18
ACRES LOCATED ON THE WEST SIDE OF RANCHO VIEJO ROAD AT
AVENIDA LOS CERRITOS (ASSESSOR'S PARCEL NUMBERS 650-142-06
& 650-151-22; ORTEGA RANCH, LLC)
Whereas, the applicant, Ortega Ranch, LLC, requests approval of a subdivision
map to subdivide an 18 -acre parcel into twelve numbered and five lettered lots for financing
purposes. The property is currently under construction with twelve commercial office buildings,
and the proposed tentative parcel map will not result in any physical changes to footprint of the
existing commercial buildings or the site plan layout. The property has a General Plan
designation of "ORP" (Office Research Park), and has a Zoning Designation of "PC" (Planned
Community), has an adopted CDP (Comprehensive Development Plan) 04-01 (Ortega Ranch
Business Park); and,
Whereas, the proposed project has been processed pursuant to Section 9-2.345,
Development Review of the Land Use Code; and,
Whereas, the Environmental Administrator has reviewed the initial study prepared
pursuant to Section 15063 of the California Environmental Quality Act (CEQA) Guidelines, has
issued a Notice of Exemption pursuant to Section 15070 of those guidelines; has caused a
Notice of Notice of Exemption to be posted pursuant to Section 15072 of those guidelines, and
has otherwise complied with all applicable provisions of the California Environmental Quality Act
(1970); and,
Whereas, the Planning Commission conducted a duly -noticed public hearing on
August 22, 2006 pursuant to the provisions of Section 9-2.335 of the Title 9, Land Use Code,
Administrative Policy 409, and Planning Department Policy 510 to consider public testimony.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the
City of San Juan Capistrano does hereby make the following findings:
The proposed map is consistent with the applicable General Plan and Comprehensive
Development Plan because the property has a General Plan designation of Office
Research Park which allows commercial office and retail activities and is zoned Planned
Community (PC) Comprehensive Development Plan (CDP) 04-01 (Ortega Ranch
Business Park). The proposed tentative parcel map is consistent with the General Plan
because the office park is under construction and is a permitted use and the proposed
subdivision will not affect the existing uses.
2. The design or proposed improvements of the proposed subdivision are consistent with
the applicable General Plan, Comprehensive Development Plan and Architectural
PC Resolution 06-08-22-02 2 August 22, 2006
Control (AC) 04-02 because the proposed subdivision will result in the creation of twelve
numbered lots and five lettered lots for commercial buildings under construction which
have existing and approved improvements with respect to utilities and access and are
consistent with the General Plan and Comprehensive Development Plan (CDP) 04-01,
and Architectural Control (AC) 04-02.
3. The site is physically suitable for the type of proposed development because the site is
currently under development of twelve commercial buildings and the buildings will remain
in place and will not be modified by this subdivision.
4. The site is physically suitable for the proposed density of development because the site
is being developed with commercial buildings and associated improvements including
access and utilities as required by Comprehensive Development Plan (CDP) 04-01 and
Architectural Control (AC) 04-02.
5. The design of the subdivision and the improvements are not likely to cause substantial
environmental damage or substantially and avoidable injure fish orwildlife or their habitat
because the design of the proposed subdivision will result in the creation of a lettered lot
for the open space/wetlands area adjacent to Horno Creek, and the project as being
developed is consistent with approved development plans and will not be modified by
this subdivision. The site is bordered by commercial development, 1-5 Freeway and
residential development, and because the project will not result in physical changes to
the site, the project will not create the potential to adversely affect off-site fish or wildlife
habitat.
6. The design of the subdivision or the type of improvements are not likely to cause serious
public health problems because the commercial buildings under construction are similar
to and compatible with adjacent commercial development and urban uses in the vicinity,
and all required codes and conditions to protect public health have been met on the site.
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 use of, property
within the proposed subdivision because the access driveways are privately maintained
by the commercial center and all easements have been noted on the tentative parcel
map.
8. The design of the subdivision or improvements will not interfere with the maintenance or
preservation of an historical site because the proposed project has been designed to
acknowledge and provide amenities that enhance the adjacent Mission Cemetery. The
office park buildings are under construction and will remain in place and will not be
modified by this subdivision.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby recommends approval of the project
subject to the conditions of approval established by Exhibit A, attached hereto and incorporated
herein.
EFFECTIVE DATE & FINAL APPROVAL: This. project approval shall become
effective following the approval by the City Council. This project approval shall be valid for a
period of 24 months from the date of approval of the project, unless a time extension request or
PC Resolution 06-08-22-02 3 August 22, 2006
building and/or grading permit application related to this discretionary approval is submitted to
the City prior to that date.
PASSED, APPROVED AND ADOPTED this 22nd day of August, 2006, by the
following vote, to wit:
AYES: Commissioners Cohen, Drey, Ratcliffe and Chairman Cardoza
NOES: None
ABSTAIN: None
ABSENT: Commissioner Neely
Robert carodza, Chairman
Molly Bo Plan ng Director, Secretary
EXHIBIT A: CONDITIONS OF APPROVAL
PLANNING COMMISSION RESOLUTION 06-08-22-02
Project #: TPM 06-133 Project Name: Ortega Ranch Business Park
These conditions of approval apply to Tentative Parcel Map # 06-133, to subdivide an
18 -acre parcel to create 12 numbered lots and 5 lettered lots. The commercial office
buildings currently under construction will remain in place and will not be modified by
this subdivision. The project is generally located on the west side of Rancho Viejo Road
at Avenida Los Cerritos. Any proposed change to this approval shall be submitted to
the City Planning Department along with the required application and fee, for review.
For the purpose of these conditions, the term "applicant" shall also mean the developer,
the owner or any successor(s) in interest to the terms of this approval.
General Conditions:
1. Tentative Parcel Map # 06-133 is granted to subdivide an 18 -acre parcel
to create 12 numbered lots and 5 lettered lots. All -commercial office
buildings and ancillary improvements will remain in place and will not be
modified by this subdivision. This approval is granted based on the
application materials submitted by Ortega Ranch, LLA on April 13, 2006,
including the tentative parcel map prepared by Stantec Consulting, Inc.
dated June 15, 2006. These plans are approved as submitted and
conditioned herein, and shall not be further altered unless reviewed and
approved by the affected city departments. Minor modifications to this
approval which are determined by the Planning Director to be in
substantial conformance with the approved site plan, and which do not
intensify or change the use or require any deviations from adopted
standards, may be approved by the Planning Director upon submittal of an
application and the required fee. Any application for an extension of time
shall be submitted to the Planning Department, along with the required
fee, at least ninety (90) days prior to the expiration date of this approval.
2. Approval of this application does not relieve the applicant from complying
with other applicable Federal, State, County or City regulations or
requirements.
3. All plans, specifications, studies, reports, calculations, maps, notes, legal
documents, and designs. shall be prepared, signed, and stamped (when
required) only by those individuals legally authorized to do so.
4. The applicant shall defend, indemnify, and hold harmless the City of San
Juan Capistrano and its officers, employees, and agents from and against
any claim, action, or proceeding against the City of San Juan Capistrano,
its officers, employees, or agents to attack, set aside, void, or annul any
approval or condition of approval of the City of San Juan Capistrano
concerning this project, including but not limited to any approval or
Resolution 06-08-22-02 Final Conditions of Approval
TPM 06-133, Ortega Ranch Business Park Date: August 22, 2006
Page 2 of 4
Condition of approval of the City Council, Planning Commission, or City
Planner. The City shall promptly notify the applicant of any claim, action,
or proceeding concerning the project and the City shall cooperate fully in
the defense of the matter. The City reserves the right, at its own option, to
choose its own attorney to represent the City, its officers, employees, and
agents in the defense of the matter.
5. The applicant shall be responsible for informing all subcontractors,
consultants, engineers, or other business entities providing services
related to the project of their responsibilities to comply with these
conditions of approval and all pertinent requirements in the San Juan
Capistrano Municipal Code, including the requirement that a business
license be obtained by all entities doing business in the City.
6. In the event that exhibits and written conditions are inconsistent, the
written conditions shall prevail. If there are any disparities between these
conditions and the plans or final revised plans that are approved for any
subsequent phase, the conditions and/or plans as stipulated in the later
approval shall prevail.
7. The applicant shall pay all fees at the time fees are determined payable
and comply with all requirements of the applicable federal, state, and local
agencies. The duty of inquiry as to such requirements shall be upon the
applicant.
The following conditions shall be completed prior to Final Map Approval:
8. Compliance. Prior to Final Map Approval, the Tract/Parcel Map shall be
developed in full compliance with the State of California Subdivision Map
Act and the City of San Juan Capistrano Municipal Code; except as
authorized by the City Council and/or Planning Commission. The
attention of the Developer and his Engineer is directed to Section 9-2.3
and 9-4 of the Municipal Code. (ENG)
9. Pay Fees and Post Sureties. Prior to Final Map Approval, the applicant
shall fulfill all applicable engineering fee requirements in accordance with
the City Municipal Code, Section 9-2.316, the Capistrano Valley Water
District Schedules of Rates and Charges, as last revised, and post
securities to insure satisfaction performance of proposed on-site and off-
site grading, drainage, landscape and irrigation, erosion and sediment
control, sewer, water, street and all appurtenant improvements. (ENG)
10. Tentative Map Compliance and Closure Calculations. Prior to Final Map
Approval, the applicant shall submit to the City Engineer for review and
Resolution 06-08-22-02 Final Conditions of Approval
TPM 06-133, Ortega Ranch Business Park Date: August 22, 2006
Page 3 of 4
obtain approval for a Final Map in substantial compliance with the
approved Tentative Map, which shall include the adjusted lot lines as set
forth on Lot Line Adjustment application No. 05 — south of lot 216/Tract
12954-04., Said Map shall be accompanied with traverse closure
calculations, a plotted American Land Title Association (ALTA) survey,
and an updated Title Search Report, except as otherwise approved by the
City Engineer. (ENG)
11. Street Access Release. Prior to Final Map Approval, the applicant shall
indicate and show on the Final Map the following release: "Subdivider
hereby releases and relinquishes to the City of San Juan Capistrano, all
vehicular access rights to Rancho Viejo Road and Avenida Los Cerritos
except at street intersections and City approved driveway locations".
(ENG)
12. Submission of Digital Map per County Requirement. Prior to recordation
of the Final Map, the applicant shall submit for review and obtain approval
of the Orange County surveyor for, a digital Tract/Parcel Map pursuant to
Orange County Ordinance 3809 of January 28, 1991. The applicant shall
pay for all cost of said digital submittal including supplying digital copies,
to the City, of the final County Surveyor approved digital map in a .PXF
format. In addition, the applicant shall provide the City with digital copies
of all improvement plans and as-builts in the digital format. (ENG)
13. Reciprocal Agreements and Maintenance Association. Prior to Final Map
Approval, the applicant shall prepare and submit to the City Engineer for
review and shall obtain approval for the proper easement and agreement
documents associated with cross parcel drainage and utility lines for
maintenance, reciprocal parking and access purposes. The applicant shall
also implement a Maintenance Association for the purposes of maintaining
landscaped areas, parking lot, drive aisles and other site amenities in
perpetuity. (PLN & ENG)
14. Existing Easements. Prior to Final Map Approval, the applicant shall
incorporate into the project design all existing easements (parking, utilities,
access) within the project boundaries, or obtain abandonment of said
easements from the affected easement holder(s). If this requirement
cannot be accomplished, the project shall be redesigned accordingly as
approved by the City. (ENG) (PW)
15. Dedication of Water Rights. Prior to Final Map approval, the applicant
shall dedicate, at no cost to the City, all water rights. (PW)
Resolution 06-08-22-02 Final Conditions of Approval
TPM 06-133, Ortega Ranch Business Park Date: August 22, 2006
Page 4 of 4
16. Prior Conditions. All conditions of approval for Architectural Control (AC)
04-02, as well as the Mitigation Measures prepared and approved for AC
04-02 Mitigated Negative Declaration, shall be met at all times.
Responsible Agencies: B&S
ENG =
PLN =
PW =
OCFA =
Building and Safety
Engineering Department
Planning Department
Public Works Department
Orange County Fire Authority
Applicant Acceptance of Conditions of Approval:
By:
Its:
Ortega Ranch, LLA
Title
Date