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17-0516_ADVANCED GROUP 99-SJ & 03-79-2 (ARES)_D1_Agenda Report5t16t2017 D1 City of San Juan Capistrano Agenda Report Honorable Mayor and Members of the City Council .Æ"Siegel, City Manager TO: FROM SUBMITTED BY PREPARED BY: DATE: SUBJECT: Joel Rojas, Development Services Director Mathew Evans, Contract Planner May 16,2017 Consideration of an Ordinance Amending the Development Agreement (DA) 17-02 and a Finding of Consistency with Previously Certified Environmental Impact Report (ElR) for the Distrito La Novia - San Juan Meadows project; a Request for Approval of an Amended Development Agreement to Allow for a six-month extension for the Project between the City of San Juan Capistrano and Advanced Group, for a 154-acre mixed use residential and commercial project site generally located east of Interstate 5 and Valle Road, southwest of the San Juan Hills Golf Club, south of San Juan Creek Road to La Novia Avenue, and north of Vista Marina to La Novia Avenue (Assessor's Parcel Numbers: 666-292-01, and 02, 666-311-02, through 04 and 666- 312-001)(Applicant. Advanced Group) RECOMMENDATION: Open the public hearing, receive testimony, close the public hearing and by motion 1. Find that the recommendation from the Planning Commission that the First Amendment to the Development Agreement is consistent with the previously certified Environmental lmpact Report (ElR) that was prepared and approved for the Distrito La Novia - San Juan Meadows Project and was certified by the City Council (Resolution 10-1 1-02-01) on November 2, 2010 (SCH #2008061078). 2. Approve first reading and introduction of an Ordinance (Attachment 2) amending the Development Agreernent for the Distrito La Novia - San Juan Meadows Project, thereby granting the First Amendment to the Development Agreement and providing a four-year extension to the term from June 7, 2017 to June 7, 2021. City Council Agenda Repod May 16,2017 Page 2 of 4 EXECUTIVE SUMMARY: On April 12,2017, Robb Cerruti, representing Advanced Real Estate Services on behalf of Advanced Group, submitted a request (Attachment 3) to amend the existing Development Agreement between the City of San Juan Capistrano and Advanced Group for the Distrito La Novia - San Juan Meadows project to extend the agreement for an additional six. months beyond the impending expiration date of June 7,2017. The requested amendment would have extended the term of the Development Agreement from June 7, 2017 to December 7, 2017. The proposed amendment and subsequent extension would not materially change or expand the scope of the development allowable under the original project approvals and the current Development Agreement. On April 25, 2017, the Planning Commission considered the applicant's request and staff's recommendation for a six-month extension. The Planning Commission alternatively recommended that the City Council approve a four-year extension, as provided for in the original Development Agreement. DISCUSSION/ANALYSIS: The Distrito La Novia - San Juan Meadows project is an approved 1S4-acre mixed use residential and commercial development consisting of two separate sites intersected by La Novia Avenue. The Distrito La Novia site is an 18.7-acre parcel of property located between San Juan Creek Road southward to La Novia Avenue, eastward from Valle Road to the San Juan Hills Golf Club. The San Juan Meadows site is 137 acres and is located south of La Novia Avenue and north of McCracken Hill and the Pacifica San Juan project. As shown on the attached site plan (Attachment 1), the Distrito La Novia site has been approved for 130 interchangeable condominium/apartment units and 65,000 square feet of commercial space, while the San Juan Meadows site has been approved for 94 single family residences and an equestrian facility for boarding up to 500 horses (which will require a future Conditional Use Permit and California Regional Water Quality Control Board (CRWOCB) approval). Project Delays ln 2011, the City Council-approved project became subject to a referendum that forced a ballot measure asking voters to consider overturning the Council's decision to grant a General Plan Amendment for the project. ln June 2011, Ballot Measure B was passed by the voters of San Juan Capistrano, affirming the City Council's decision to approve the General Plan Amendment that allowed the project to proceed as approved in 2010. Had Measure B not passed, the property would have reverted back to a 1992-approved, Tentative Tract Map (TTM 14343) that allowed for the development of 440 dwelling units for the San Juan Meadows site, and a 1992-approved, 300 room hotel project on the Distrito La Novia site. During that same year, the owners began working in earnest to put forth a plan to the CRWQB to review and consider the Developer's waste City Council Agenda Report May 16,2017 Page 3 of 4 discharge permit request for the post-closure of the Forster Canyon landfill site. ln December, 2016, the project's water quality control plan was finally approved by the CRWQB, allowing the developers to move fonryard with the project. Development Ag reement Amendment On November 16,2010, the Development Agreement (DA) for the project was officially recorded. A copy of the Development Agreement is available for review in the City Clerks office. The DA includes a description of all of the Council approved entitlements, a legal description for both project sites, and a list of all of the benefits and obligations offered to the City by the developer. The DA was to run for a term of no more than 6 consecutive years, resulting in an expiration date of November 16,2016. Prior to the expiration of the DA, the owners informed staff of their intent to move forward with the approved project and their desire to extend the DA. The owners asserted that the "Force Majeure" clause in Section 12.3 of the DA was triggered in 2011 by the citizen referendum, and the DA was therefore extended by some period of time. The Force Majeure provision, which is standard in a DA, provides for an extension of time to perform for "delays and defaults due to... voter initiative or referenda" among other factors. The City Attorney reviewed the facts presented by the applicant and concurred that the delay from the referendum resulted in an automatic extension of the DA to June 7,2017. The applicant is now seeking an extension of the DA to continue processing the project. Staff and the applicant have agreed that certain aspects of the DA, such as the references to the now dissolved Redevelopment Agency and certain exaction language, could use updating and clarification. However, given the June 7 expiration date, more time was needed to address these issues. As a result, the applicant initially requested a temporary extension. In considering the DA extension request, the Planning Commission concluded that the City Council should grant a four-year extension as contemplated in the original DA, rather than granting a temporary six-month extension, as initially recommended by staff. On a 4-0 vote, the Planning Commission adopted the attached Resolution (Attachment 4), recommending that the City Council grant the applicant a four-year extension to the existing DA. After consulting with the City Attorney and the applicant, staff is confident that any clarification of existing DA provisions can be addressed by with operating memorandum. FISCAL IMPACT The costs associated with this project are being funded by the applicant through a developer deposit accou nt. City Council Agenda Report May 16,2017 Paqe 4 of 4 ENVIRONMENTAL ¡MPACT A previously certified Environmental lmpact Report (ElR) was prepared and approved for the Distrito La Novia - San Juan Meadows project and was certified by the City Council (Resolution 10-11-02-01) on November 2, 2010 (SCH #2008061078). The Development Agreement and subsequent amendments thereto are consistent with the certified EIR; therefore, the EIR serves as the environmental documentation for this Development Agreement Amendment under provisions of California Environmental Quality Act Section 21157.1. PRIOR CITY COUNCIL REVIEW: On November 2, 2010, the City Council adopted four ordinances and several Resolutions approving the project, including the original DA. On February 15,2011, the City Council called a Special Municipal Election to be held June 7, 2011, for the purpose of submitting to the voters "Measure B" which asked the voters to consider the City Council's November 2,2010 approval of the Distrito Project. On June 7,2011, the voters passed Measure B, upholding the City Council's decision to approve the project. CO M M I SS I O N/CO M M ITTEE/BOARD REVI EW AND RECOMMENDATIONS On April 25,2017, the Planning Commission adopted a resolution recommending City Council approval of a four-year extension pursuant to the terms of the original DA. Commissioner Williams was selected as the affirmative representative and Commissioner Speros as the alternate affirmative representative to attend the City Council meeting. NOTIFICATION: Pursuant to Title 9, Land Use Code, Section 9-2.302(f), Notification Procedures, a public hearing notice has been mailed to all property owners within 1,000 feet as listed on the Orange County Real Property Tax Assessment rolls and has been published in the Orange County Register at least 10 days prior to the hearing. Robb Cerruti Michael Recupero ATTACHMENTS: Attachment 1 - Location Map and Site Plan (Distrito/San Juan Meadows) Attachment2 - Draft Ordinance lncluding the Amendment to Development Agreement Attachment 3 - Applicant Request for Development Agreement Extension Attachment 4 - Planning Commission Resolution Attachment 5 - ***November 16, 2010 Recorded Development Agreement ***Available for review in the City Clerk's Office ATTACHMENT 1 DTSfiZTTO LA ¡VOYÍÁ .^. sAN JruAN I'4EADO-WS Distrito La Novia ConceptualSite Plan J Ef - - ÉtYt\l San Juan Meadows Conceptual Site Plan ORDINANCE NO AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO APPROVING AND ADOPTING THE FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR THE DISTRITO LA NOVIA - SAN JUAN MEADOWS 154.ACRE MIXED USE RESIDENTIAL AND COMMERCIAL PROJECT, BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND ADVANCED GROUP 99-SJ, AND ADVANCED GROUP 03.79.2 EXTENDING THE TERM OF THE DEVELOPMENT AGREEMENT FOR FOUR (4) YEARS FROM JUNE 7, 2017 TO JUNE 7, 2021, FOR A PROJECT LOCATED GENERALLY EAST OF INTERSTATE 5 AND VALLEY ROAD, SOUTHWARD FROM SAN JUAN CREEK ROAD TO LA NOVIA AVENUE, AND FROM VISTA MARINA NORTHWARD TO LA NOVIA AVENUE WEST OF THE SAN JUAN HTLLS GOLF CLUB (ASSESSOR PARCEL NUMBERS 666-292-01, AND 02,666-31t-02, THROUGH 04 AND 666-312-00lXTHE "DlSTRlrO LA NOVIA - SAN JUAN MEADOWS PROJECT'') WHEREAS, Advanced Group 99-SJ, and Advanced Group 03-79-2 has requested approval for an amendment to the project Development Agreement pursuant to section 5 of the Development Agreement which allows either party to request an amendment; and WHEREAS, on November 2, 2010, the City Council adopted Ordinance 976 approving the Development Agreement for a term not to exceed six (6) years and allowing an extension of four (4) additional years, under certain circumstances; and WHEREAS, in 2011, the project was subject to a ballot measure referendum challenging the City Council's 2010 approval of the owners request to amend the General Plan to allow the project; and WHEREAS, in June o12011, the voters of San Juan Capistrano voted in favor of Measure B affirming the City Council's decision to approve the General Plan Amendment for the project; and WHEREAS, on March 14,2017, the owners of the project asserted that the 2011 referendum caused a delay under the "Force Majeure" clause within the Development Agreement, thus automatically extending the expiration of the agreement to June 7, 2017; and WHEREAS, on April 19,2017, the CityAttorney agreed with the owners on the "Force Majeure" delay, arguably, extended the term to June 7,2017; and ATTACHMENT 2 WHEREAS, the California Regional Water Quality Control Board began its initial review of the proposed waste discharge permit request for the post-closure of the Forster Canyon landfill site for the development; and WHEREAS, in December of 2016, the California Regional Water Quality Control Board, after reviewing the permit request since early 2011, granted final approval of the landfill closure plan; and WHEREAS, the potential environmental impacts of the proposed amendment to the Development Agreement have been previously addressed in full compliance with the provisions of the California Environmental Quality Act (CEQA) and its Guidelines, and no further environmental analysis is required prior to the approval of the proposed amendment because: a) The environmental impacts of the Distrito La Novia - San Juan Meadows Project have been fully analyzed by a previously adopted Environmental lmpact Report ('ElR') certified by the City Council on November 2,2016, through the adoption of Resolution 10-11-02-01; and, b) The proposed amendment does not propose any change in the previously approved project or any change which could potentially result in either a direct or indirect physical change in the environment, the proposed amendment will not result in new, potentially significant environmental effects; the only change proposed through this amendment is an extension of time for the Development Agreement, and, c) None of the conditions described in CEQA Guidelines Sections 15162, 15163, or 15164 which would call for the preparation of a Subsequent or Supplemental ElR, or an EIR Addendum, would occur as a result of the proposed amendment; WHEREAS, on April 25, 2017, the Planning Commission conducted a duly noticed public hearing pursuant to the provisions of Section 9-2.335 of Title 9, Land Use Code, Administrative Policy 409, and Planning Department Policy 510 to consider public testimony on the proposed project and adopted a resolution recommending that the City Council grant a four-year extension pursuant to the terms of the Development Agreement; and WHEREAS, the City Council conducted a duly-noticed public hearing on May, 16,2017 pursuant to Government Code Section 65867 and Title 9, Land Use Code, Section 9-2302 to consider the proposed DA Amendment, and the City Council has considered all relevant public testimony; and, WHEREAS, the record of proceedings on which the City Council's decision is based is located at City Hall for the City of San Juan Capistrano, located at 32400 Paseo Adelanto, San Juan Capistrano, California and the custodian of record of proceedings is the City Clerk. 2 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1 Recitals. The above recitations are true and correct and are adopted as the findings of the City Council. SECTION 2. CEQA. The City Council of the City of San Juan Capistrano hereby finds that the Development Agreement is covered under the previously adopted EIR and that except for a term extension; no changes have been made to the project SECTION 3. Findings The City Council of the City of San Juan Capistrano makes the following additional findings: 1. The proposed four-year extension to the Development Agreement makes no other changes to the November 16,2010 recorded Development Agreement and remain consistent with the General Plan Public Services Element because the project includes provisions for addressing project-related capital facility impacts to the city's infrastructure. 2. The proposed amendment and subsequent extension would not materially change or expand the scope of the development allowable under the original project approvals and the current Development Agreement for the Distrito La Novia - San Juan Meadows mixed-use development project. 3. Extending the Development Agreement is in the public interest because it will allow the applicant to diligently pursue the project following the recent approvals by the California RegionalWater Quality Control Board for the post- landfill closure plan. 4. The proposed Development Agreement amendments are authorized and consistent with the provisions of Government Code Sections 65864 through 65869.5 and related City ordinances and policies. SECTION 4. Amendment. Pursuant to Government Code Section 65868, the City Council does hereby approve and adopt the "Amendment to the Development Agreement for the "Distrito La Novia - San Juan Meadows project" by and between the City of San Juan Capistrano -t and Advanced Group 99-SJ, and Advanced Group 03-79-2, which is attached as Exhibit A, and incorporated herein by reference. The Mayor is hereby authorized to execute said agreement on behalf of the City of San Juan Capistrano. SECTION 4 Severabilitv If any section, subsection, subdivision, paragraph, sentence, clause or phrase, or portion of this Ordinance is, for any reason, held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council herby declares that it would have adopted this Ordinance and each section, subsection, subdivision, paragraph sentence, clause or phrase of this Ordinance irrespective of the fact that one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective. To this end the provisions of this Ordinance are declared to be severable. SECTION 5 Effective Date This Ordinance shalltake effect and be in force thirty (30) days after its passage SECTION 6. Citv Clerk's Certification The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted at the duly designated posting places within the City and published once within fifteen (15) days after passage and adoption as required by law; or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five (5) days prior to the date of adoption of this Ordinance; and, within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk. PASSED, APPROVED AND ADOPTED THIS 16th DAY OF MAY 2017 KERRY FERGUSON, MAYOR ATTEST MARIA MORRIS, CITY CLERK 4 RECORDING REQUESTED BY: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 WHEN RECORDED, MAIL TO: Maria Morris, City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Exempt from Recording Fees: Government Code SS27383, 61 03 City of San Juan Capistrano EXHIBIT A This Space for Recorder's Use Only First Amendment to the Development Agreement for the Distrito La Novia - San Juan Meadows project, Between the City of San Juan Capistrano and Advanced Group 99-SJ, and Advanced Group 03-79-2 FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR THE DISTRITO LA NOVIA - SAN JUAN MEADOWS PROJECT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND ADVANCED GROUP 99.SJ, AND ADVANCED GROUP 03.79.2 This First Amendment to the Development Agreement for the Distrito La Novia - San Juan Meadows project is entered into between the City of San Juan Capistrano, a municipal corporation ("City"), and Advanced Group 99-SJ, and Advanced Group 03-79-2 ("Owner"). City and Owner are referred to collectively within this Amendment as the "Parties." RECITALS A. The owners of the project are also the owners of real property located within the City (the "Property") which is described and shown on Exhibits "A-1" and "A-2" to this Amendment. The Property represents the approximately 1S4-acre mixed use residential and commercial project located on two separate sites intersected by La Novia Avenue, which is collectively known as "Distrito La Novia - San Juan Meadows" and is generally located east of lnterstate 5 and Valle Road, southwest of the San Juan Hills Golf Club, south of San Juan Creek Road to La Novia Avenue, and north of Vista Marina to La Novia Avenue "(the "Project"). B. On November 2, 2010, the City Council adopted Ordinance 975 and several subsequent Resolutions approving the project. C. Also on November 2, 2010, the City Council adopted Ordinance 976 approving the Development Agreement for the project. D. ln 2011, the project was subject to a referendum by the citizens of San Juan Capistrano that forced a ballot measure asking the voters to consider overturning the City Councils decision to grant a General Plan Amendment for the project. E. ln June,2011, Ballot Measure B was passed by the voters of San Juan Capistrano affirming the City Council's Decision to approve the General Plan Amendment that allowed the project to proceed as approved in 2010. F. ln 2011 the owners began working in earnest to put forth a plan to the California Regional Water Quality Control Board (CRWOB) to review and consider the Developer's waste discharge permit request or the post-closure of the Forster Canyon landfill site. G. ln December,2016, the water quality control plan for the proposed project was finally granted approval by the CRWQB. H. On March 14,2017, the owner informed the City due to the provisions of the Force Majeure clause set forth in Section 12.3 of the original Development Agreement specifically lists referenda among the matters which constitute a Force Majeure delay, and thus the original Development Agreement is automatically extended to June 7,2017. l. On April 19, 2017, the C caused a Force Majeure June 7, 2017. J. On April 15, 2017, the owners officially requested an amendment to the original Development Ag reement. K. The Parties have now agreed to an extension of the Term of the Development Agreement, pursuant to Section 5 of the recorded Development Agreement. ity Attorney concurred with the owners that the citizen referendum delay for the project, thus extending to Development Agreement to L. This extension was approved by the City Council by ordinance on ,2017 AGREEMENT The Parties agree as follows: 1. Pursuant to Section 5 of the Development Agreement, the term of the Development is extended for a term not to exceed four (4) years from June 7,2017 to June 7,2021. Except as so modified, all provisions of the original Development Agreement shall remain in full force and effect. This Amendment has been sig ned as of 2017, the effective date of the ordinance approving this Amendment "City""Owners" City of San Juan Capistrano, a municipal corporation Advanced Group 99-SJ/03-79-2 By By Mayor Name Title Attest Maria Morris, City Clerk Approve as to Form City Attorney A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity ofthat document. STATE OF CALIFORNIA COUNTY OF On _,20-, before me,Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to betheperdtothewithininstrumentandacknowledgedtomethat he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature on the instrumentthe person, orthe entity upon behalf of which the person acted, executed the instrument. I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ) ) EXHIBIT IIA-1II LEGAL DESCRIPTION OF THE DISTRITO PROPERTY That certain real property located in the City of San Juan Capistrano, County of Orange, State of California, described as follows: PARCEL 1: That portion of Parcel 34, in the City of San Juan Capistrano, County of Orange, State of California, as per map filed in Book 2, Pages 31 to 38 inclusive of Record of Surveys, in the Office of the County Recorder of said County, described as follows: Beginning at the southeast corner of the land described in the deed to John O. Forster, recorded November 11,1913 in Book 235, Page 116 of Deeds, in the office of the County Recorder of Orange County; thence North 55o 00' 00" East 450 feet to an angle point on the easterly boundary of the land described in said deed; thence North 10 34'23" East 685.15 feet along said easterly boundary; thence North 69o 49' 13" West 114.80 feet; thence South 40o 20' 37" West 197 .31 feet; thence South 35o 30' 09" West 310.32 feet; thence South 31o 51' 20" West 540.09 feet; thence South 32o 55' 00" West 113.84 feet to a point on the south line of the land described in said deed, distant South 87o 31'28" East 330.54 feet from the southwest corner thereof; thence South 87o 31' 28" East to the Point of Beginning. Except that portion thereof described as Parcel 1 in the deed to the State of California, recorded October 16, 1967 in Book 8404, Page 963 of Official Records of said county. PARGEL 2: That portion of Parcel 34, in the City of San Juan Capistrano, County of Orange, State of California, as per map filed in Book 2, Pages 31 to 38 inclusive of Record of Survey, in the Office of the County Recorder of said County and those portions of Parcels 2and 5 in said City as per map filed in Book 4, Pages 15 of said Record of Surveys, described as a whole as follows: Beginning at a point South 35o 30' 09" West 162.01 feet from the northeasterly terminus of that certain course described as South 35o 30' 09" West 310.32 feet in the Final Order of Condemnation recorded April 15, 1958 in Book 4268, Page 420 ol Official Records; thence North 30o 03' 15" East 370.07 feet to a point on a non-tangent curve, concave northerly having a radius of 430.00 feet, a radialto said point bears South 12o 20' 10" West; thence easterly 172.97 feet along said curve through a central angle of 23o 02' 53" to the beginning of a reverse curve, concave southerly, having a radius of 35.00 feet; thence easterly and southerly 43.06 feet along said curve through a central angle of 70o 29' 22"; thence South 30o 13'21" East 243.76 feetto a point on a non-tangent curve, concave northerly having a radius of 150.00 feet, a radial to said point bears South 58o 02' 06" East; thence westerly 223.05 feet along said curve through a central angle of 85o 11" 59"; thence North 10 34'23" East 209.85 feet to the most easterly corner of the land described in said Final Order of Condemnation; thence North 690 49' 13" West 114.80 feet; thence South 40o 20' 37" West 197 .31 feet; thence South 35o 30' 09" West 162.01feet to the Point of Beginning. PARCEL 3: That portion of Parcel 34, in the City of San Juan Capistrano, County of Orange, State of California, as per map filed in Book 2, Pages 31 to 38 inclusive of Record of Survey, in the Office of the County Recorderof said Countyand those portions of Parcels 2and 5 in said Cityas permapfiled in Book 4, Pages 15 of said Record of Surveys, being that portion of Parcel 2 of the relinquishment of highway right of way as shown in Book 9252, Page 371 of Official Records in the Office of said County Recorder, described as follows: Beginning at the easterly terminus of that certain curve in the boundary of said Parcel 2 shown as having a radius of 430.00 feet, a delta of 17o 39" 00" feet and an arc length of 132/6 feet, a radial line to said terminus bears South 10o 42" 43" East; thence easterly 110.15 feet along said the easterly continuation of said curve through a central angle of 14'40'39" to a point in the boundary of said Parcel 2; thence along said boundary the following courses: non-tangent from said curve South 28"24'38" East 130.73 feet to a curve concave westerly having a radius of 1 50.00 feet, southerly 158.06 feet along said curve through a central angle of 60'22'32", non-tangent from said curve North 30"13'21" West 248.76 feet to a curve concave southwesterly having a radius of 35.00 feet and northwesterly 43.06 feet along said curve through a central angle of 70"29'22" to the Point of Beginning. PARCEL 4: That portion of Lot 5, in the City of San Juan Capistrano, County of Orange, State of California, as shown on a map filed in Book4, Page 15 of Record of Surveys, in the Office of the County Recorder of said County, described as follows: Beginning at the most southerly corner of said Lot 5; thence North 640 03' 45" West 495.51 feet along the Southwesterly line of said Lot 5, to the most easterly corner of land described as Parcel 3 in a deed to Edward J. Guirado and wife, recorded April 17, 1950, in Book 1999, Page 443, of Official Records of said county; thence North 22o 03' 10" West 1386.08 feet along the northeasterly line of said land of Edward J. Guirado, to an angle point designated Station "8" in the southeasterly line of land described as Parcel 1 in a deed to Rosenbaum Ranch Co., a partnership, recorded December 30, 1947 , in Book 161 3, Page 219, of said Official Records; thence along the southeasterly and easterly line of said land of the Rosenbaum Ranch Co., thefollowing bearings and distances: North 45o 18' 00" East 576.30 feet, North 40 07' 00" East 267 .60 feet, North 24o 05' 00" East 357 .47 feet, North 80o 26' 10" East 233.10 feet, North 10o 53' 00" West 438.90 feet to the northwesterly line of said Lot 5; thence North 54o 50' 00" East 450 feet along said northwesterly line to an angle point therein; thence North 0o 50' 00" East 500.73 feet to an angle point in the southwesterly line of land described as Parcel 3 in a deed to Howard L. Krum and wife, recorded November 26, 1941, in Book 1120, Page 253, of Official Records, said point being South 0o 50' 00" West 22feel from the southwest corner of Lot 2 of said Record of Survey above described; thence along the southwesterly line of said land of Howard L. Krum, the following bearings and distances: South 42o 33'30" East 1408.90 feet South 660 25' 00" East 991.16 feet to the easterly line of said Lot 5; thence along the easterly and southeasterly line of said Lot5, thefollowing bearings and distances: South 10o05'00"West 536.74 feet, South 23o 33' 00" East 1 047 .15 feet, South 78o 55' 00" West 1565.79 feet, South 89o 43' 00" West 486 feet and South 31o 35' 00" West 621 .05 feet to the Point of Beginning. Except therefrom the following Beginning at a point of intersection of that certain course in the westerly line and that certain course in the northeasterly line described as having bearings of North 0o 50' East and South 42o 33' 30" East, respectively, in Parcel 1 of deed recorded in Book 1603, Page 296, of Official Records, in the Office of the County Recorder of said County; thence along said northeasterly line, South 41o 49' 07" East 51.18 feet to the point of intersection with a curve concave northerly having a radius of 150 feet, at which point a tangent bears North 77o 02' 03" West; thence northwesterly along said curve, through an angle of 14o 11' 56', an arc distance of 37.17 feet to said westerly line; thence, along said westerly line, North 10 34'23" East 25.43 feet to the Point of Beginning. Also excepting therefrom that portion lying southerly of the northerly line of that certain property condemned by the City of San Juan Capistrano, in Case No. 61-10-28, a Final Order of Condemnation recorded October 28, 1991, as lnstrument No. 91-585872, of said Official Records. EXHIBIT "A.2" LEGAL DESCRIPTION OF THE SAN JUAN MEADOWS PROPERTY That certain real property located in the City of San Juan Capistrano, County of Orange, State of California, described as follows: That portion of Lot 5, in the City of San Juan Capistrano, County of Orange, State of California, as shown on a map filed in Book 4, Page 15 of Record of Surveys, in the Office of the County Recorder of said County, described as follows: Beginning at the most southerly corner of said Lot 5; thence North 640 03' 45" West 495.51 feet along the Southwesterly line of said Lot 5, to the most easterly corner of land described as Parcel 3 in a deed to Edward J. Guirado and wife, recorded April 17, 1950, in Book 1999, Page 443, of Official Records of said county; thence North 22o 03' 10" West 1386.08 feet along the northeasterly line of said land of Edward J. Guirado, to an angle point designated Station "8" ir'ì the southeasterly line of Iand described as Parcel 1 in a deed to Rosenbaum Ranch Co., a partnership, recorded December 30,1947, in Book 1613, Page 219, of said Official Records; thence along the southeasterly and easterly line of said land of the Rosenbaum Ranch Co., the following bearings and distances: North 45o 18' 00" East 576.30 feet, North 40 07' 00" East 267 .60 feet, North 24o 05' 00" East 357 .47 Íeet, North 80o 26' 10" East 233.10 feet, North 10o 53' 00" West 438.90 feet to the northwesterly line of said Lot 5; thence North 54o 50' 00" East 450 feet along said northwesterly line to an angle point therein; thence North 0o 50' 00" East 500.73 feet to an angle point in the southwesterly line of land described as Parcel 3 in a deed to Howard L. Krum and wife, recorded November 26, 1941, in Book 1120, Page 253, of Official Records, said point being South 0o 50' 00" West 22feet from the southwest corner of Lot 2 of said Record of Survey above described; thence along the southwesterly line of said land of Howard L. Krum, the following bearings and distances: South 42o 33'30" East 1408.90 feet South 660 25' 00' East 991.16 feet to the easterly line of said Lot 5; thence along the easterly and southeasterly lineofsaidLot5,thefollowingbearingsanddistances: South10o05'00"West536.74feet,South23o 33' 00" East 1 047 .15 feet, South 78o 55' 00" West 1565.79 feet, South 89o 43' 00" West 486 feet and South 31o 35' 00" West 621.05 feet to the Point of Beginning. Except therefrom the following Beginning at a point of intersection of that certain course in the westerly line and that certain course in the northeasterly line described as having bearings of North 0o 50' East and South 42o 33' 30" East, respectively, in Parcel 1 of deed recorded in Book 1603, Page 296, of Official Records, in the Office of the County Recorder of said County; thence along said northeasterly line, South 41o 49' 07" East 51.18 feet to the point of intersection with a curve concave northerly having a radius of 150 feet, at which point a tangent bears North 77o 02' 03" West; thence northwesterly along said curve, through an angle of 140 11' 56', an arc distance of 37.17 feet to said westerly line; thence, along said westerly line, North 10 34'23" East 25.43 feet to the Point of Beginning. Also excepting therefrom that portion lying northerly of the southerly line of that certain property condemned by the City of San Juan Capistrano, in Case No. 61 -10-28, a Final Order of Condemnation recorded October 28,1991, as lnstrument No. 91-585872, of said Official Records. RES ADVANC E D R FALE STATE S T RVI C* i: S? ApäI12,2017 l\{r. Ben Siegel City Manager City of SanJuan Capistrano 32400 Paseo Adel¿nto San Juan Capisüano, CA 9267 5 BY HAND DELIVERYAND ELECTRONIC MÄtL TO BSTEGEL@SATNJUANCAPTSTRANO.ORG AND JROJAS@SANJUAhTCAPISTRANO. ORG RE: Extension of Development Agreement betrveen the City of San Juan Capistrano and Advanced Group 99-SJ and Advanced Group 03-79-2, The SanJuan Meadows and Distrito La Novia Projects Dear Mt. Siegel, In October 201.6, and again in M¿rch 2017,we provided notice exetcising our opdon to extend the term of the Development Agteement between the City of SanJuan Capistrano and Advanced Group 99-SJ and Advanced Group 03-79-2 fot the SanJuan Meadou¡s and Distrito La Novia Projects (',tgreement"). \X/ithout waiving said option and tecognizing the A.greement could be argued to expire on June 7,2077,we would request a six-month extension of the Agteement be ptocessed through the City at this time, per the terms of the Àgteement and the Ciry Municipal Code. Sincerely, Âdvanced Group 99-SJ &,\dvanced Group 03-79-2, R. Robb Cem¡ti ATTACHMENT 3 ARES .l5320 Bononco Pkwy. Suile ,ì00 lrvine, CA 92ó'l I Phone {949) 595-5900 Fox (949) 595-5901 www.odvoncedonline.com PC RESOLUTION NO. 17-04-25-03 AMENDED DEVELOPMENT AGREEMENT A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A ONE.TIME FOUR (4) YEAR EXTENSION TO THE DEVELOPMENT AGREEMENT FOR THE DISTRITO LA NOVIA - SAN JUAN MEADOWS 1s4.ACRE MIXED USE RESIDENTIAL AND COMMERCIAL PROJECT GENERALLY LOCATED EAST OF INTERSTATE 5 AND VALLE ROAD, SOUTHWEST OF THE SAN JUAN H¡LLS GOLF CLUB, SOUTH OF SAN JUAN CREEK ROAD TO LA NOVIA AVENUE, AND NORTH OF VISTA MARINA TO LA NOVIA AVENUE AND SUBJECT TO COMPREHENSIVE DEVELOPMENT PLAN (CDP) 09-01 (ASSESSOR'S PARCEL NUMBERS: 666-292-01, AND 02, 666-311-02, THROUGH 04 AND 666-312-00f ) (APPLICANT: ADVANCED GROUP 99-SJ, AND ADVANCED GROUP 03-79-21. WHEREAS, Advanced Group 99-SJ, and Advanced Group 03-79-2 have requested approval for an amendment to the project Development Agreement pursuant to Section 5 of the agreement, which allows either party to request an amendment to the Development Agreement; and WHEREAS, on November 2, 2010, the City Council adopted Ordinance 976 approving the Development Agreement for a term not to exceed six (6) years and allowing an extension of four (4) additional years; and WHEREAS, in 2011, the project was subject to a ballot measure referendum challenging the City Council's 2010 approval of the owners request to amend the General Plan to allow the project; and WHEREAS, in June of 2011, the voters of San Juan Capistrano voted in favor of Measure B affirming the City Council's decision to approve the General Plan Amendment for the project; and WHEREAS, on March 14,2017, the owners of the project asserted that the 2011 referendum caused a delay under the "Force Majeure" clause within the Development Agreement, thus automatically extending the expiration of the agreement to June 7, 2017; and WHEREAS, on April 19,2017, the City Attorney accepted the position of the owners on the "Force Majeure" delay issue and agreed the term of the agreement was, arguably, extending to June 7,2017 and WHEREAS, the California Regional Water Quality Control Board began its initial review of the proposed waste discharge permit request for the post-closure of the Forster Canyon landfill site for the development; and ATTACHMENT 4 WHEREAS, in December of 2016, the California Regional Water Quality Control Board, after reviewing the permit request since early 2011, granted final approval of the landfill closure plan; and WHEREAS, the potentialenvironmental impacts of the proposed amendmentto the Development Agreement have been previously addressed in full compliance with the provisions of the California Environmental Quality Act (CEQA) and its Guidelines, and no further environmental analysis is required prior to the approval of the proposed amendment because: a) The environmental impacts of the Distrito La Novia - San Juan Meadows Project have been fully analyzed by a previously adopted Environmental lmpact Report ('ElR") certified by the City Council on November 2,2016, through the adoption of Resolution 10-1 1 -02-01; and, b) The proposed amendment does not propose any change in the previously approved project or any change which could potentially result in either a direct or indirect physicalchange in the environment, the proposed amendmentwill not result in new, potentially significant environmental effects; the only change proposed through this amendment is an extension of time for the Development Agreement; and, c) None of the conditions described in CEQA Guidelines Sections 15162, 15163, or 15164 which would call for the preparation of a Subsequent or Supplemental ElR, or an EIR Addendum, would occur as a result of the proposed amendment; and, WHEREAS, on April 25,2017, the Planning Commission conducted a duly noticed public hearing pursuant to the provisions of Section 9-2.335 of Title 9, Land Use Code, Administrative Policy 409, and Planning Department Policy 510 to consider public testimony on the proposed project; and WHEREAS, on April 25,2017, the Planning Commission recommended to the City Council that they not grant the proposed amendment to the Development Agreement to allow for the six-month extension, rather that the City Council approve the one{ime four (4) year extension allowed by the existing Development Agreement. NOW, THEREFORE, BE lT RESOLVED that the Planning Commission of the City of San Juan Capistrano hereby recommends that the City Council of the City of San Juan Capistrano find that the proposed Development Agreement Amendment is covered under the previously adopted EIR and that except for a term extension; no changes have been made to the project. NOW, THEREFORE, BE lT FURTHER RESOLVED, thatthe Planning Commission of the City of San Juan Capistrano hereby makes the following findings: SECTION l. Recitals. The above recitations are true and correct, and are adopted as the findings of the Planning Commission. SECTION 2. Findings for Amendment to Development Agreement 1 . The proposed one-time four (4) year extension to the Development Agreement is allowed by the existing Development Agreement under certain circumstances and is consistent with the approved project and the Distrito La Novia - San Juan Meadows Comprehensive Development Plan (CDP); and as approved by the City Council. 2. The extension to the Development Agreement makes no other changes to the November 16,2010 recorded Development Agreement and remains consistent with the General Plan Public Services Element because the project includes provisions for addressing project-related capital facility impacts to the city's infrastructure. 3. The proposed extension would not materially change or expand the scope of the development allowable under the original project approvals and the current Development Agreement for the Distrito La Novia - San Juan Meadows mixed- use development. 4. The Development Agreement extension is in the public interest because the applicant is diligently pursuing the project including the recent approvals by the California RegionalWater Quality Control Board forthe post-landfillclosure plan. 5. The Development Agreement extension is authorized and consistent with the provisions of Government Code Sections 65864 through 65869.5 and related City ordinances and policies. NOW, THEREFORE, BE lT FURTHER RESOLVED, thatthe Planning Commission of the City of San Juan Capistrano hereby recommends that the City Council of the City of San Juan Capistrano approve, via ordinance, an extension to the Development Agreement for the Distrito La Novia - San Juan Meadows project," PASSED, APPROVED, AND ADOPTED this 25th day of April,2017, by the following vote, to wit: Mark Speros, Chairman Sergio Klotz, AICP, Assistant Director Secretary Attachment 5 November 16, 2010 Recorded Development Agreement Available for review in the City Clerks office