PC Resolution-17-04-25-03PC 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 154-ACRE MIXED USE RESIDENTIAL
AND COMMERCIAL PROJECT 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 AND SUBJECT TO COMPREHENSIVE DEVELOPMENT PLAN (COP)
09-01 (ASSESSOR'S PARCEL NUMBERS: 666-292-01, AND 02,666-311-02, THROUGH
04 AND 666-312-001) (APPLICANT: ADVANCED GROUP 99-SJ, AND ADVANCED
GROUP 03-79-2).
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 April19, 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
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 Impact Report
("EIR") 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 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; and
WHEREAS, on April25, 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-time four (4)
year extension allowed by the existing Development Agreement.
NOW, THEREFORE, BE IT 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 IT FURTHER 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. 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 (COP); 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 Regional Water Quality Control Board for the post-landfill closure 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 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, an extension to the Development Agreement
for the Distrito La Novia -San Juan Meadows project."
PASSED, APPROVED, AND ADOPTED this 251h day of April, 2017, by the following
vote, to wit:
Sergio Klotz, AICP, Assistant Director
Secretary