PC Resolution-17-04-25-02PC RESOLUTION NO. 17-04-25-2
AMENDEDDEVELOPMENTAGREEMENT
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO RECOMMENDING CITY COUNCIL APPROVAL OF A "SECOND
AMENDMENT TO DEVELOPMENT AGREEMENT" EXTENDING THE TERM OF THE
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND
SOUTH COAST INVESTORS II, LLC FOR A 3.18-ACRE SITE LOCATED AT 26891
ORTEGA HIGHWAY (ASSESSOR PARCEL NUMBERS 124-170-12, 14, 15, & 16)
KNOWN AS THE PLAZA BANDERAS HOTEL AND MIXED USE
PROJECT)(APPLICANT: JAKE GRIFFITH, SOUTH COAST INVESTORS II, LLC).
WHEREAS, on July 5, 2011, the City Council adopted Ordinance 988, approving the
Development Agreement with Stroscher G3, LLC for the Plaza Band eras Hotel and Mixed
Use Project; and,
WHEREAS, on May 17, 2016, the City Council approved first reading and
introduction of an Ordinance amending the Development Agreement for the Plaza
Banderas Hotel and Mixed Use Project, extending the term of the Development Agreement
from August 3, 2016 to August 3, 2017; and,
WHEREAS, on June 6, 2016, the City Council approved second reading of an
ordinance to amend the Development Agreement for the Plaza Banderas Hotel and Mixed
Use Project, extending the term of the Development Agreement from August 3, 2016 to
August3,2017; and,
WHEREAS, Rutan & Tucker, LLP, representing South Coast Investors II, LLC,
successor-in-interest to Stroscher G3, LLC, submitted a request to extend the term of the
Development Agreement by and between the City of San Juan Capistrano and South
Coast Investors II, LLC, for a second time, for an additional one (1) year period, or for the
period between August 3, 2017 and August 3, 2018; 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 Plaza Banderas Hotel Project have been fully
analyzed by the Plaza Banderas Hotel Final Environmental Impact Report ("EIR")
certified by the City Council on October 5, 201 0; 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, 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 EIR,
or an EIR Addendum, would occur as a result of the proposed amendment; and,
WHEREAS, on April25, 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.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City
of San Juan Capistrano hereby makes the following findings:
SECTION 1. Recitals. The above recitations are true and correct, and are adopted
as the findings of the Planning Commission.
SECTION 2. CEQA. 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
second amendment to the Development Agreement is consistent with the previously
certified Environmental Impact Report (EI R) that was prepared and approved for the Plaza
Banderas Hotel and Mixed Use Project and was certified by the City Council (Resolution
10-1 0-05-05) on October 5, 2010 (SCH #201 0051 075). The Development Agreement and
subsequent amendments thereto are consistent with the certified EIR because the only
proposed amendment is to extend the term of the Development Agreement with no other
project changes. Therefore, the EIR serves as the environmental documentation for this
Development Agreement Second Amendment under provisions of California Environmental
Quality Act Section 21157.1 .
SECTION 3. Findings for Second Amendment to Development Agreement
1. The proposed, second, one (1) year extension to the Development Agreement
provides for the continued development of the construction plans for the Plaza
Banderas Hotel project and additional time for the construction of the project
consistent with the Plaza Banderas Comprehensive Development Plan (COP);
and as approved by the City Council.
2. The proposed Development Agreement second amendment makes no other
changes to the 2011 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 second amendment is consistent with the Comprehensive
Development Plan (COP) 10-01, Plaza Banderas Hotel, because the extension
would not materially change or expand the scope of the development allowable
under the original project approvals and the current Development Agreement
and the project site.
2
4. Extending the Development Agreement for a second time is in the public interest
because the applicant is diligently pursuing the project, including completion of
the demolition work, completion of onsite rough grading and installation of a
sound wall, and not extending the agreement would jeopardize completion of the
project to the detriment of the City.
5. The proposed Development Agreement second amendment is authorized and
consistent with the provisions of Government Code Sections 65864 through
65869.5 and related City ordinances and policies.
NOW, THEREFORE, BE IT FURTHER 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 approve, via ordinance, the "Second Amendment to the
Development Agreement for the Plaza Band eras Hotel and Mixed Use Project," as provided
in Exhibit A, attached hereto and incorporated herein.
PASSED, APPROVED, AND ADOPTED this 251h day of April, 2017, by the following
vote, to wit:
Mar Speros, Ch irman
Serg~ Assistant Director
Secretary
3
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 §§27383, 6103
City of San Juan Capistrano This Space for Recorder's Use Only
Second Amendment to Development Agreement for the
Plaza Banderas Hotel and Mixed Use Project, Between the
City of San Juan Capistrano and
South Coast Investors II, LLC
EXHIBIT A
SECOND AMENDMENT TO DEVELOPMENT AGREEMENT FOR THE
PLAZA BANDERAS HOTEL AND MIXED USE PROJECT, BETWEEN
THE CITY OF SAN JUAN CAPISTRANO
AND SOUTH COAST INVESTORS, II, LLC
This Second Amendment to the Development Agreement for the Plaza
Banderas Hotel and Mixed Use Project (the ''Second Amendment"), is entered
into between the City of San Juan Capistrano, a municipal corporation ("City"),
and South Coast Investors II, LLC ("Owner"). City and Owner are referred to
collectively within this Amendment as the "Parties."
RECITALS
A. Owner owns the real property within the City (the "Property") which is
described and shown on Exhibit "A" to this Amendment. The Property
represents the 3.18-acre development project located at 26891 Ortega
Highway (Assessor Parcel Numbers 124-170-12, 14, 15, & 16) known as the
"Plaza Banderas Hotel and Mixed Use Project "(the "Project").
B. In 2011, City and Owner's predecessor-in-interest, Stroscher G3, LLC, entered
into a Development Agreement fo r the Project.
C. In 2015, Stroscher G3, LLC, duly assigned its interest in and to the Property to
South Coast Investors II, LLC.
D. In 2016, the City Council approved the first amendment to the Development
Agreement, extending the term of the Development Agreement from August
3, 2016 to August 3, 2017.
E. The Parties have now agreed to a second extension of the Term of the
Development Agreement, pursuant to Section 2.3 thereof.
F. This second extension was approved by the City Council by ordinance on
------' 2017.
AGREEMENT
The Parties agree as follows:
1. Pursuant to Section 2.3 of the Development Ag reement, the term of the
Development is extended for one year, to and including August 3, 2018.
Except as so modified, all provisions of the Development Agreement shall
remain in full force and effect.
This Second Amendment has been signed as of ____ , 2017, the effective date of the
ordinance approving this Second Amendment. ·
[Signatures on following page]
SIGNATURE PAGE TO SECOND AMENDMENT TO DEVELOPMENT
AGREEMENT FOR THE PLAZA BANDERAS HOTEL AND MIXED USE
PROJECT, BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND SOUTH
COAST INVESTORS II, LLC
"City"
City of San Juan Capistrano,
a municipal corporation
By ______ ~~--------
Mayor
Attest:
Maria Morris, City Clerk
Approve as to Form
City Attorney
"Owner"
South Coast Investors II, LLC
By ________________ __
Name --------------------Title ____________________ _
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 of that 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 be the person(s) whose name is subscribed to
the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity, and that by his/her/their signature on the
instrument the person, or the entity upon behalf of which the person acted, executed
the instrument.
I certify UNDER PENALTY OF PERJURY under the laws of the State of Califomia
that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ______________ _
(seal)
EXHIBIT A
Legal Description of the Proper
CURRENT RECORD OWNER
EXHIBIT'A'
LOT LINE ADJUSTMENT
LL 2015-L.LA. l'i ... 004-
(LEGAL DESCRIPTION)
EXISTING PARCELS
A.P. NUMBERS
SOUTif COAST INVESTORS ll LLC POR. LOT 12 OF 1RACT NO. 103 A.P. 124-170-12
SOUTH COAST INVESTORS ll LLC POR. LOT 12 OF TRACT NO. 103 A.P. 124-170-12
SOUTH COAST INVESTORS ll, LLC POR. LOT 12 OF TRACT NO. 103 A.P. 124-170-12
Parcel1:
PROPOSED PARCELS
REFERENCE NUMBij:RS
PARCELl
PARCELl
PARCELl
Page 1 of 2
In the City of San Juan Capistrano, County of Orange, State of California, being a portion of Lot 12 of Tract
No.1 03 filed in Book 11, Pages 29 through 33, inclusive, of Miscellaneous Maps, in the Office of the County
Recorder of said County described as follows:
Beginning at the southwest corner of said Lot 12, thence along the southerly line of said Lot, Hauth
81 o 19' 4 7" East 67.38 feet to the northerly line of that certain 80.00 feet strip of land conveyed to the State of
California by Deed recorded June 28, 1940 in Book 1049, Page 349 of Official Records in said County, said
line being parallel with and distant northerly 40.00 feet from the centerline of Ortega Highway as shown on
Record of Survey 2009-1078 filed in Book 246, Pages 32 through 43, inclusive of Records of Surveys in the
Office on the County Surveyor of said· County; thence along said northerly and parallel line the following two
courses:
1) South 84°43'58" East 4.32 feet, to the being to the beginning of a curve concave northerly having a radius
of 960.00 feet,
2) easterly along said curve 69.31 feet through a central angle of 4°08'12" to the northwesterly line of the land
described as Parcel 1 in the Deed to the State of California recorded November 21, 1957 in Book 4110, Page
520 of Official Records; thence along said northwesterly fine the following three (3) courses:
1) North 73°02'22" East 119.14 feet to the beginning of a non-tangent curve concave northerly having a
radius of 729.69 feet, a radial bearing to said point bears South 08°55'33" East,
2) _easterly_ along said Cljrve 1_44:~0 feet tl1rough a central angle of 11 °18'25",
3) and North 69°46'02" East 282.05 feet to the southwesterly line of the land described as Parcel 2 of said
Deed recorded in Book 4110 Page 520 of Official Records; thence along said southwesterly line North
58°27'15" West 17 4.45 feet to the northerly line of said Lot 12; thence along said northerly line; North
84°27'02" West 435.39 feet to a point that is distant South 84°27'02" East 120.00 f~fi/arfd~~$b"Pthwest
corner of said Lot; thence perpendicular South 05°32'58" West 60.00 feet; ' -.. ' . ' .~,
CURRENT RECORD OWNER
EXHIBIT 'A'
LOT LINE ADJUSTMENT
LL 2015-'-'-A 1'5-oo+
PROPOSED PARCELS
REFERENCE NUMBERS
PARCELl
PARCELl
PARCELl
Page 2 of 2
thence perpendicular North 64°27'02w West 105.22 feet to the west line of said Lot; thence along said west
Une South so 17'56~ East 240.41 feet to the Point of Beginning.
The bearings and distances herein are per Record of Survey 2009-1078 filed in Book 246, Pages 32 through 43,
inclusive of Records of Surver.; in the Office on the County Surveyor of said County, the distances were
converted from grid lo ground for the purpose of this description.
Containing an area of 3.098 acres, more or less
Note: Tlat•re nwy br easemrnt.s of reconl ddint'alfd and rrferenad on til(' und~ri}inR maps or llrere ma)' hf' otlru recordc>d
c'a.H~mml within tile' an:a bt.'ing adjust~d thai are not shown on rhi.r documerrllhal could encwnba said ptlrr:dJ h~rei11.
Ao; shown on Exhibit "B" attached hereto and hy this reference made a part thereof.
This description was prepared hy me or umJcr my dire<.1ion.
~~
Rohcrt L Wheeler IV, L.S. 863~
My Lkcn~c ;xpir : 12/31/201~
Date: _____ II ~Jj~r-:
November 18, 201~
WO. 4(l'J6 -1 T
H&A l.L\ # UX4
Hy C. Tripi
C'hcckcll Hy. R. Wheeler
Current Record Owner(S)
SOUTH COAST INVESTORS II, LLC
SOUTH COAST INVESTORS II, LLC
SOUTH COAST INVESTORS II, LLC
LEGEND
REVISED LOT LINE
LOT LINE TO BE REVISED
LOT LINE TO REMAIN
NOTE
VACANT NO
STRUCTURES ON SITE
LINE TABLE
LINE BEARING
L1 N81°19'4-7"W
L2 N84°43'58"W
L3 N73°02'22"E
CURVE TABLE
LENGTH
67.38'
4.32'
119.14'
CURVE I DELTA I RADIUS I LENGTH
C1 I 4 •oa'12" I 96o.oo'l
THIS MAP HAS BEEN PREPARED BY ME OR
UNDER MY 01 CTION
H&A LLA NO. 1384
OWG BY: R. JESUS
CHECKED BY: R. WHEELER
69.31'
I:\ Mission Inn SJC\LLA\ 1384\EXH.B-SHT01 .dwg
Exhibit "B"
Lot Line Adjustment
' I \ I
LLA 2015· .L L...A \IS -CX>4--
(Map)
Existing Parcel
AP Number
124-170-12
124-170-14
124-170-15, 16
Proposed Parcels
Reference Number
Parcel1
STATE ROUTE 5 FREEWAY SHEET 1 OF 1
SCALE: 1·=100'
11110/2015
20' 20
APN 124-170-15,16
'"-6"'# 302.20' NOB017;.;
• -;;-36B.21'
NOB"17 56 w 0 REAL EL cAM\N ---
I
I I I
P.CiJ3 SW COR
LOT 12