18-0515_VERMEULEN RANCH CENTER, LLC_D1_Agenda Report 5/15/2018
D1I
City of San Juan Capistrano
Agenda Report
TO: Honorable Mayor and Members of the City Council
FROM: �njamin Siegel, City Manager
SUBMITTED BY: Joel Rojas, Development Services Directorf
PREPARED BY: Art Bashmakian, AICP, Contract Planner(�
DATE: May 15, 2018
SUBJECT: Adoption of a Mitigated Negative Declaration and Approval of a
General Plan Amendment (GPA 16-001), Specific Plan (Processed
as Code Amendment 18-004) and Development Agreement (DA
18-001) to Allow the Development of "The Farm" Residential
Community, Located on the 35 acre "Vermeulen Ranch" Property at
32382 Del Obispo Street (Assessor Parcel Numbers 121-182-17
and 121-182-53). (Applicant: Spieker Senior Development)
RECOMMENDATION:
Open the public hearing, receive testimony, close the public hearing, and:
1) Adopt a Resolution approving a Mitigated Negative Declaration
(SCH#2018031031) pursuant to the California Environmental Quality Act (CEQA)
and the State CEQA Guidelines (Attachment 1);
2) Adopt a Resolution approving a General Plan Amendment (GPA 16-001)
changing the land use designation of an approximately 35-acre property from
Agri-Business to Specific Plan/Precise Plan (Attachment 2);
3) Approve Introduction and first reading of an Ordinance, approving The Farm
Specific Plan 18-001 (Code Amendment 18-004) to allow a residential
community of up to 180 single-family residential units (Attachment 3); and
4) Approve Introduction and first reading of an Ordinance, approving Development
Agreement 18-001 (Attachment 4).
City Council Agenda Report
May 15, 2018
Page 2of9
EXECUTIVE SUMMARY.-
Spieker
UMMARY:Spieker Senior Development ("Applicant"), on behalf of the property owner, is
requesting approval of a General Plan Amendment (GPA) to change the land use
designation of an approximately 35-acre property from Agri-Business to Specific
Plan/Precise Plan. A location map is provided as Attachment 5. A study of the
proposed GPA was initiated by the City Council on September 20, 2016, at the request
of the Applicant. In addition, the Applicant is seeking approval of "The Farm Specific
Plan" (Enclosure 1), which would allow future development of the site with a residential
community consisting of up to 180 single-family residential units, a 0.5 acre park, and a
public trail leading from Del Obispo Street to Via Positiva. The Applicant is also seeking
approval of a Development Agreement which would provide certain public benefits in
exchange for receiving vested development rights. Approval of the proposed GPA and
Specific Plan would enable the property owner to submit residential development
applications within the ten year term of the Development Agreement.
The Planning Commission conducted a public hearing to review the proposed GPA,
Specific Plan and Development Agreement on April 24, 2018. After hearing public
testimony, the Planning Commission adopted Resolution No. 04-24-18-02 (Attachment
6), recommending that the City Council approve the proposed GPA and Development
Agreement, but refer the proposed Specific Plan back to the Planning Commission for
further refinement and review. For reasons explained later in this report, staff is
recommending approval of the GPA, Specific Plan and Development Agreement by the
City Council as one complete package.
Pursuant to the California Environmental Quality Act (CEQA), an Initial Study/Mitigated
Negative Declaration (IS/MND) has been prepared for the proposed project (Enclosure
2). The IS/MND determined that with application of mitigation measures and certain
standard conditions of approval, the impact of the proposed project on the environment
is less than significant. The Planning Commission also recommended that the City
Council adopt the IS/MND.
DISCUSSION/ANALYSIS-
Prior Project Background
On October 21, 2014, the City Council approved a project on the subject site known as
The Spieker Continuing Care Retirement Community project. This project consisted of
407 independent living units with amenities for persons not requiring daily assistance
and a 101-unit health care center for residents needing daily assistance including
memory support, nursing care and assisted care. The City Council also certified the
accompanying Environmental Impact Report (EIR) prepared for that project. The
discretionary actions involved a General Plan Amendment (GPA) changing the land use
designation from Agri-Business to Specific Plan/Precise Plan, the adoption of the
Specific Plan for the Spieker Continuing Care Retirement Community and a Zone
Change from Agri-Business District to Specific Plan/Precise Plan.
City Council Agenda Report
May 15, 2018
Page 3 of 9
Thereafter, on November 20, 2014, a referendum petition challenging the GPA and
Specific Plan adoption was submitted with signatures of more City voters than the 10%
required by Elections Code § 9237. Pursuant to Elections Code § 9241, the City
Council had two choices on how to deal with the referendum petition: (1) repeal the
enactment that was the subject of the referendum, or (2) present it to the voters at the
next regular election if within 88 days or if not, hold a special election. Having just
completed the November 2014 election, the City's next regular election was not
scheduled until November 2016 and the City Clerk reported that it would cost $105,248-
$115,071 to hold a special election to present the matter to the voters.
On December 16, 2014, the City Council adopted Resolution No. 14-12-16-05,
repealing the previous approval of the GPA and the Specific Plan (but not Ordinance
No. 1018), thus avoiding the expense of a special election. The action reverted the
General Plan land use designation back to Agri-Business but the zone change did not
revert back and it remains today as Specific Plan/Precise Plan without an actual
development plan.
Thereafter, on February 2, 2015, Spieker submitted another request to the City Council
for initiation of a GPA study for a 240-unit residential project on the subject site. The
City had approved Spieker's first and second requests to study a GPA changing the
designation of the property, first from Agri-Business to Public & Institutional and then
from Agri-Business to Specific Plan/Precise Plan, and had previously approved a GPA
to Specific Plan. On April 21, 2015, the City denied this third request by Spieker for
GPA study.
The property owner and Spieker, et al., on or about July 16, 2015, filed a legal
challenge to the City's actions regarding the subject property, alleging that the City had
violated their rights in various ways, and seeking, among other things, a court order to
compel the City to initiate a GPA and undertake the related GPA study as provided in
the City's Municipal Code. The lawsuit also alleged that the City's actions or inactions
constitute violations of the United States and California Constitutions. The lawsuit is still
pending, however, for more than two years, the parties and the court have agreed to put
the litigation on hold pending conclusion of the City's processing of The Farm Specific
Plan and related entitlements.
On September 20, 2016, upon request from the property owners, the City Council
adopted Resolution No. 16-09-20-03 initiating a GPA study for a proposed
commercial/residential development on the subject site consisting of not more than
40,000 square feet of commercial uses on approximately 5 acres and not more than
180 residential dwelling units on approximately 30 acres of the site. Subsequent to the
initiation, the applicant submitted its formal application on June 14, 2017, which does
not include a commercial component.
Project Description
The Applicant is requesting approval of a General Plan Amendment (GPA) and a
Specific Plan to allow the subject 35-acre property to be developed with a residential
community consisting of up to 180 single-family residential units, a 0.5 acre park, and a
City Council Agenda Report
May 15, 2018
Page 4 of 9
public trail leading from Del Obispo Street to Via Positiva. Applications to subdivide the
property and construct homes have not been submitted. Approval of the proposed GPA
and Specific Plan would enable a future developer to submit residential development
applications.
Provided below is a summary of the requested GPA, Specific Plan and Development
Agreement.
Proposed General Plan Amendment GPA 16-001
The current General Plan land use designation of the site is Agri-Business, which is a
subcategory of the Industrial Land Use Designation. The allowable uses for the Agri-
Business designation include field and row crops, orchards and vineyards, nurseries,
greenhouses and hydroponic gardens, as well as animal breeding, boarding, raising
and training. Since the property is no longer used for agricultural production, the
Applicant proposes to change the General Plan land use designation of the project site
from Agri-Business to Specific Plan/Precise Plan.
The proposed Specific Plan/Precise Plan land use designation is one of twenty-eight
designations identified in the City's General Plan Land Use Element. This designation
allows a property to be governed by a Specific Plan or Precise Plan that is adopted
separately by the City prior to development of the site. The maximum intensity of
development is dictated by the adopted Specific Plan or Precise Plan. The density of
the proposed residential community equates to approximately 5 units per acre. This
proposed residential density would be compatible with the density of nearby residential
areas which include Medium High Density (up to 8 units per gross acre) to the
northeast, east and southeast, and Very Low, Low, Medium Low and Medium Densities
(1 to 5 units per gross acre) to the southwest, west and northwest of the project site
(Attachment 7).
The attached Resolution approving the proposed GPA (Attachment 2) contains staff's
analysis and findings as to the appropriateness of the proposed GPA. In summary, staff
believes that the proposed GPA is internally consistent with all other sections of the
Land Use Element and also with all other Elements of the General Plan. Furthermore,
staff believes the proposed GPA is consistent with the applicable Goals and Policies of
the General Plan.
Specific Plan 18-001 Code Amendment 18-044
The Applicant is seeking approval of "The Farm Specific Plan" (referred to hereafter as
the Specific Plan), which would allow future residential development of the subject 35-
acre site under subsequent subdivision and development applications. The Specific
Plan would allow a residential community consisting of up to 180 single-family
residential units with a 0.5-acre park and a public multi-use trail connecting Del Obispo
Street to Via Positiva.
The proposed Specific Plan includes development standards that would regulate future
residential development on the site. The proposed development standards are based on
City Council Agenda Report
May 15, 2018
Page 5of9
the development standards contained in the City's Land Use Code for the Single-Family
4,000 (RS-4,000) residential zoning district. These standards establish height
limitations, setback requirements, minimum lot frontage, minimum lot size, maximum lot
coverage, and maximum floor area ratio of any future residences on the property. In
addition, the Specific Plan includes Design Guidelines to establish the aesthetic
character and visual quality of the future residences on the site.
The proposed Specific Plan identifies vehicular access to the site via two entrances: a
primary entrance/exit on Del Obispo Street and a secondary entrance/exit on Via
Positiva. These two vehicular access points would be connected via an internal access
road (i.e., The Farm Road) that would traverse the central portion of the site in a
northwest-southeast fashion. A traffic signal at the intersection of Del Obispo Street/Via
Pimienta—Project Driveway is included as a project design feature in the Specific Plan.
The proposed traffic signal would be coordinated with the traffic signals at the
intersections of Del Obispo Street/Calle Aspero and Del Obispo Street/Via Vermeulen.
The developer of the project would be responsible for the cost of the signal and signal
coordination work.
The proposed Specific Plan identifies pedestrian access to the site via existing
sidewalks along Del Obispo Street and Via Positiva that would connect to a new
sidewalk and multi-use trail that would parallel the proposed internal access road
extending from Del Obispo to Via Positiva. The public trail would provide the existing
residential communities north of the subject site with access through the site to the
public and private schools, the San Juan Capistrano Community Center, Sports Park,
and the Congdon House Property, which are all located south of the project site.
The attached Ordinance approving the proposed Specific Plan (Attachment 3) contains
staff's analysis and findings as to the appropriateness of the proposed Specific Plan. In
summary, staff believes that all the necessary Code Amendment findings for approval of
the proposed Specific Plan can be made. Specifically, the proposed Specific Plan
conforms to the goals and policies of the General Plan; is necessary to implement the
General Plan and to provide for public safety, convenience and/or general welfare;
conforms to the intent of the Development Code and is consistent with other applicable
related provisions; and is reasonable and beneficial at this time.
Development Agreement (DA 18-001)
The Applicant is requesting approval of a Development Agreement with the City that
includes a commitment by a future developer to provide various public benefits in
exchange for vested development rights (Attachment 4). The Development Agreement
would provide the following public benefits:
• The construction and maintenance of a 0.5-acre community park ("Harvest
Park") located within the proposed residential community, which would be
privately owned and maintained but accessible to the general public.
• The construction and maintenance of a shared use public trail
(pedestrian/equestrian/bicycle), a minimum of 20 feet in width with specific
City Council Agenda Report
May 15, 2018
Page 6 of 9
design features, connecting the public sidewalk on the south side of Del
Obispo Street to the sidewalk on the north side of Via Positiva. The trail
would be privately owned and maintained but accessible to the general
public.
• The construction of an off-site shared use public trail
(pedestrian/equestrian/bicycle), a minimum of 20 feet in width with specific
design features to match the on-site public trail, connecting the north side
of Via Positiva to the Joel Congdon House.
■ The payment of a $2 million cash contribution to the City that would be
used toward the acquisition, construction and/or maintenance of City
Facilities, to be determined by the City Council in its sole and absolute
discretion.
In exchange for these public benefits, the property owner would obtain vested
development rights for up to ten years and the preservation of development impact fees
at the City's current rates. In addition, the Development Agreement includes an owner
commitment not to seek permits for accessory dwelling units, and a requirement that
future subdivisions be processed as standard tentative maps rather than vesting maps.
Planninq Commission Review and Recommendation
On April 24, 2018, the Planning Commission conducted a public hearing to consider the
proposed Mitigated Negative Declaration, GPA, Specific Plan and Development
Agreement. After considering public testimony, the Planning Commission voted 3-1
(Commissioner Gaffney dissenting and Commissioner Steele absent) to recommend
that the City Council adopt the Mitigated Negative Declaration and approve the
proposed GPA and Development Agreement, but refer the Specific Plan back to the
Planning Commission for further refinement and review. The Planning Commission's
findings are contained in attached PC Resolution No. 18-04-24-02 (Attachment 6).
Planning Commissioners generally expressed concern that the Specific Plan lacked
details as to what future residential development on the site would look like. Some
Commissioners indicated that more detail was needed, such as a precise site layout,
specific lot configuration, internal circulation routes, and site plans of individual lots with
the architectural plans and landscaping. Additionally some Commissioners expressed a
concern that the Specific Plan referenced standards and uses from the City's RS-4,000
zoning designation instead of identifying uses and standards specific to the 35-acre
Specific Plan area. For these reasons, the Planning Commission recommended that
the Specific Plan be further refined by the Commission before it is approved by the City
Council.
As noted previously, applications to subdivide the property and construct residences
have not been submitted. At this time, the Applicant is only seeking the approval of a
GPA and Specific Plan to allow future residential development of the property and
establish the appropriate residential density and general layout of future development.
Pending approval of the GPA and Specific Plan, when applications to subdivide the
City Council Agenda Report
May 15, 2018
Page 7 of 9
property and construct residences are ultimately submitted, said applications would
contain the details sought by the Planning Commission, and would require review and
approval by the Planning Commission.
As noted at the Planning Commission hearing, staff believes that the concerns
expressed by the Planning Commission with regard to the RS-4,000 standards can be
addressed by editing the Specific Plan to remove the general uses and standards from
the RS-4000 zoning district that are not applicable to this project, and listing only the
development regulations that would be applicable to future residential development,
such as height, setbacks, lot coverage and building ratio. To that end, a revised version
of the Specific Plan incorporating these changes is being presented for City Council
consideration.
Furthermore, separating out the Specific Plan for further review is not recommended, as
all of these applications and actions are interconnected and must be acted on as a
complete package. From a practical perspective, the Development Agreement will vest
the right to develop the property consistent with the Specific Plan, and thus, the
Development Agreement should not be approved before the parties know the final
contents of the Specific Plan. It should also be noted that the City has previously
adopted Comprehensive Development Plans, such as the Ortega Planned Community,
that lack development plans and simply reference the development standards in the
Municipal Code.
For these reasons, staff recommends that the City Council approve the proposed
Specific Plan at this time, along with the proposed GPA, Development Agreement, and
adoption of the Mitigated Negative Declaration.
FISCAL IMPACT:
The staff time necessary to process the project applications, along with the necessary
California Environmental Quality Act (CEQA) work performed under separate
agreements, was funded entirely by the project Applicant.
ENVIRONMENTAL IMPACT:
Per the requirements of State California Environmental Quality Act (CEQA) Guidelines,
an Initial Study/Mitigated Negative Declaration (MND) was prepared and was circulated
for public review from March 6, 2018, through April 5, 2018. The IS/MND was made
available for public review at the Development Services Department counter, the San
Juan Capistrano Library, and on the City's website. The IS/MND includes proposed
mitigation measures, incorporated into the Mitigation Monitoring & Reporting Program,
to ensure that the project will not result in any significant adverse effects on the
environment.
A total of 14 comments (5 from public agencies and 9 from interested parties) were
received during the public review period. In addition, a late comment was submitted by
the State Department of Toxic Substances Control (DTSC) on April 25, 2018. Although
not required by CEQA, responses to each comment have been prepared, including the
City Council Agenda Report
May 15, 2018
Page 8 of 9
late DTSC letter. The responses are included in the Final MND (Enclosure 2) and
included as part of the public record for consideration of the determination to adopt the
MND. Although DTSC's letter does not change the conclusion in the Final MND that
there is no potentially significant impact related to contaminated soils, conditions of
approval have been added to the Specific Plan to require 1) Testing of on-site soils as
part of any future subdivision process to verify the prior conclusions regarding site
conditions; and, 2) Prior to import of any soil to the project site, a certification from the
developer submitted to the City's Development Services Department certifying that the
dirt imported to the site is clean. Further, the City's environmental experts have
concluded that these conditions will not create any additional environmental impacts.
The Mitigation and Monitoring Reporting Program, which specifies each mitigation
measure, the responsible party, and the time frame for implementation, would be
incorporated into the approval of the project and adoption of the Final MND.
PRIOR CITY COUNCIL REVIEW:
On September 20, 2016, upon request by the Applicant, the City Council adopted
Resolution No. 16-09-20-03 initiating a GPA study for a proposed
commercial/residential development on the subject site consisting of not more than
40,000 square feet of commercial uses on approximately 5 acres and not more than
180 residential dwelling units on approximately 30 acres of the site. Subsequent to the
initiation, the applicant submitted its formal application on June 14, 2017, which does
not include a commercial component.
COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS:
On April 24, 2018, the Planning Commission conducted a public hearing to consider the
proposed Mitigated Negative Declaration, GPA, Specific Plan and Development
Agreement. After considering public testimony, the Planning Commission voted 3-1
(Commissioner Gaffney dissenting and Commissioner Steele absent) to recommend
that the City Council adopt the Mitigated Negative Declaration and approve the
proposed GPA and Development Agreement, but refer the Specific Plan back to the
Planning Commission for further refinement and review.
NOTIFICATION
Pursuant to Title 9, Land Use Code, Section 9-2.302(f), a public hearing notice has
been published in the Capistrano Valley News at least ten (10) days prior to the hearing
and posted at three public locations. In addition, pursuant to City Council Resolution No.
10-08-17-03, Public Hearing notices have been mailed to every property owner in the
city and posted on-site.
Notification of this agenda item has been provided to the following individuals who have
requested said notification.
Troy Bourne
Phillip Schwartze
City Council Agenda Report
May 15, 2018
Page 9 of 9
Joseph Ontiveros
Steve Barker
Terri Morris
Jim Vance
Anthony Morales
William McCulloch
Public comments received in response to the public notification are attached
(Attachment 8).
ATTACHMENTS:
Attachment 1 — Draft Resolution Adopting the Mitigated Negative Declaration (MND)
Attachment 2 — Draft Resolution Approving the General Plan Amendment (GPA)
Attachment 3 — Draft Ordinance Approving the Specific Plan (Code Amendment)
Attachment 4 — Draft Ordinance Approving the Development Agreement
Attachment 5 —Vicinity Map
Attachment 6 —Adopted PC Resolution No. 18-04-24-02
Attachment 7 — Surrounding Residential Densities Map and Chart
Attachment 8 — Public Comments
ENCLOSURES:
Enclosure 1 —The Farm Specific Plan
Enclosure 2 — Final Mitigated Negative Declaration (MND)
RESOLUTION NO. 18-05-15-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE
DECLARATION AND MITIGATION MONITORING AND REPORTING
PROGRAM FOR GENERAL PLAN AMENDMENT 16-001, SPECIFIC PLAN
18-001 (CODE AMENDMENT 18-004),AND DEVELOPMENT AGREEMENT
18-001 FOR A PROPOSED RESIDENTIAL PROJECT WITH PARK AND
TRAIL AMENITIES LOCATED AT 32382 DEL OBISPO STREET
(ASSESSOR PARCEL NUMBERS 121-182-17 and 121-182-53) (SPIEKER
SENIOR DEVELOPMENT)
WHEREAS, Spieker Senior Development, P.O. Box 160, San Juan
Capistrano, CA 92693 (the "Applicant"), has requested approval of The Farm Specific Plan
Residential Community consisting of up to 180 single-family residential units on a 35 acre
site located at 32382 Del Obispo Street, also known as Assessor's Parcel Numbers 121-
182-17 and 121-182-53 (hereafter the "Property");
WHEREAS, Virginia Germann, Successor Trustee of the C. and I. Vermeulen
Revocable Trust Dated May 14, 1990, 772 Town and Country Road, Orange, CA 92868
and Vermeulen Ranch Center LLC, P.O. Box 160, San Juan Capistrano, CA 92693, are
the owners of the Property;
WHEREAS, the Applicant seeks to develop a residential project of up to 180
single-family residential units with park and trail amenities on the Property, which requires
the approval of General Plan Amendment 16-001, the adoption of Specific Plan 18-001
(Code Amendment 18-004). The Property Owners also propose Development Agreement
18-001 (hereafter, the General Plan Amendment, the Specific Plan and the Development
Agreement are collectively referred to as the "Project");
WHEREAS, pursuant to the California Environmental Quality Act(CEQA)the
City prepared an Initial Study and Mitigated Negative Declaration (IS/MND) to analyze the
Project's potential environmental impacts;
WHEREAS, the IS/MND were available for public reviewfrom March 6, 2018
to April 5, 2018 in City Hall, which is located at 32400 Paseo Adelanto, San Juan
Capistrano, California and the custodian of record of proceedings is the Development
Services Department Administrative Specialist;
WHEREAS, the City received comments on the IS/MND from public agencies
and interested parties during the public review period;
WHEREAS, the City prepared responses to the comments received, and
made minor revisions to the IS/MND documentation, which are embodied in the Final Initial
Study/ Mitigated Negative Declaration;
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ATTACHMENT 1
WHEREAS, the Planning Commission considered the Project, including the
Final Initial Study/ Mitigated Negative Declaration, at a duly noticed Planning Commission
hearing on April 24, 2018, pursuant to Title 9, Land Use Code, Section 9-2.302;
WHEREAS, after considering all evidence in the record including public
comments, the Planning Commission adopted Resolution No. 18-04-24-02, recommending
that the City Council adopt the Mitigated Negative Declaration and Mitigation Monitoring
and Reporting Program, approve the General Plan Amendment (GPA 16-001), consider
The Farm Specific Plan (Specific Plan 18-001; Code Amendment 18-004) and refer the
Specific Plan to the Planning Commission for further refinement and review, and approve
the related Development Agreement 18-001;
WHEREAS, the City received late comments on the IS/MND from the
Department of Toxic Substances Control (hereafter "DTSC") on April 25, 2018, after the
Planning Commission hearing;
WHEREAS, the City prepared responses to the late DTSC comments
received, which have been incorporated into an updated Final Initial Study/ Mitigated
Negative Declaration (the "Final IS/MND"), and which incorporates by this reference the
response to the DTSC letter;
WHEREAS, the DTSC letter does not provide evidence of a potential
significant impact from the Project, however, staff recommends that the following
conditions be incorporated into the Specific Plan to be responsive to the comments: 1)
On-site soils shall be tested as part of any future subdivision process to verify the prior
conclusions regarding site conditions, and 2) Prior to import of any soil to the project site, a
certification from the developer shall be submitted to the City's Development Services
Department certifying that the dirt imported to the site is clean. These conditions are not
necessary to mitigate any potentially significant impact, and will not create any additional
environmental impacts; and,
WHEREAS, the City Council considered the Project, including the Final
IS/MND, at a duly noticed public hearing on May 15, 2018, at which time it considered all
evidence in the record, including public testimony.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
San Juan Capistrano that:
1. The above recitals are true and correct and are adopted as findings of the
City Council.
2. The City Council has reviewed and considered the Final IS/MND and the
public testimony regarding the environmental review of the Project.
3. The City Council finds, in its independent judgment and analysis and on the
basis of the evidence presented and the whole record before it, including the
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Final IS/MND, that there is no substantial evidence that the proposed
Project, as mitigated, will have a significant effect on the environment.
4. The City Council hereby adopts the Final Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program, which is attached hereto as
Exhibit A and incorporated herein by reference.
5. The City Council hereby directs staff to prepare a Notice of Determination
and file that Notice with the County Clerk in accordance with the CEQA
Guidelines.
6. This Resolution shall be effective upon adoption.
PASSED, APPROVED AND ADOPTED this 15th day of May 2018.
SERGIO FARIAS, MAYOR
ATTEST:
MARIA MORRIS, CITY CLERK
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10306-000512183670v3.doc
EXHIBIT A
MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND
REPORTING PROGRAM
Please refer to Enclosure 2 of the staff report
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10306-0005\2183670v3.doc
RESOLUTION NO. 18-05-15-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA APPROVING A GENERAL PLAN
AMENDMENT (GPA 16-001)TO CHANGE THE LAND USE DESIGNATION
FOR A 35-ACRE SITE LOCATED AT 32382 DEL OBISPO STREET
(ASSESSOR PARCEL NUMBERS 121-182-17 AND 121-182-53) FROM
AGRI-BUSINESS TO SPECIFIC PLAN/PRECISE PLAN (SPIEKER SENIOR
DEVELOPMENT)
WHEREAS, Spieker Senior Development, P.O. Box 160, San Juan
Capistrano, CA 92693 (the "Applicant"), has requested approval of The Farm Specific Plan
Residential Community consisting of up to 180 single-family residential units on a 35 acre
site located at 32382 Del Obispo Street, also known as Assessor's Parcel Numbers 121-
182-17 and 121-182-53 (hereafter, the "Property");
WHEREAS, Virginia Germann, Successor Trustee of the C. and I. Vermeulen
Revocable Trust Dated May 14, 1990, 772 Town and Country Road, Orange, CA 92868
and Vermeulen Ranch Center LLC, P.O. Box 160, San Juan Capistrano, CA 92693,
(collectively the "Property Owners") are the owners of the Property;
WHEREAS, the Applicant seeks to develop a residential project of up to 180
single-family residential units with park and trail amenities on the Property, which requires
this General Plan Amendment 16-001 and the adoption of Specific Plan 18-001 (Code
Amendment 18-004). The Property Owners also propose Development Agreement 18-001
(hereafter the General Plan Amendment, Specific Plan, and Development Agreement are
collectively referred to as the "Project");
WHEREAS, the Property is currently designated for "Agri-Business" in the
Land Use Map of the City's General Plan and would need to be changed to "Specific Plan/
Precise Plan" to accommodate the Project;
WHEREAS, California Government Code Section 65358 authorizes the City
Council to amend the City's General Plan;
WHEREAS, the Planning Commission considered the Project at a duly
noticed public hearing on April 24, 2018, pursuant to Title 9, Land Use Code, Section 9-
2.302, and thereafter recommended that the City Council, among other things, approve the
requested General Plan Amendment 16-001;
WHEREAS, an Initial Study and Mitigated Negative Declaration were
prepared to analyze the environmental impacts of the Project (State Clearinghouse No.
2018031031);
WHEREAS, the City Council considered the Initial Study and Mitigated
Negative Declaration, and adopted Resolution No. 18-05-15-XX, adopting a Mitigated
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ATTACHMENT 2
Negative Declaration for the Project, and adopting a Mitigation Monitoring and Reporting
Program;
WHEREAS, the City Council considered the Project, including the Final
IS/MND, at a duly noticed public hearing on May 15, 2018, at which time it considered all
evidence in the record, including public testimony.
NOW, THEREFORE, BE 1T RESOLVED, by the City Council of the City of
San Juan Capistrano that:
1. The proposed General Plan Amendment is internally consistent with all other
sections of the Land Use Element and also with all other Elements of the General Plan.
This amendment would designate the subject site"Specific Plan/Precise Plan"which is one
of the 28 Land Use Designations of the Land Use Element designed to provide for areas
governed by a specific plan or precise plan. This amendment would allow for the adoption
of the accompanying "The Farm Specific Plan"for a residential community consisting of up
to 180 single-family residential units, with a park and multi-use trail.
2. The proposed General Plan Amendment is consistent with the overall goals
and policies of the General Plan because it establishes a land use designation governed by
a specific plan, and the proposed land uses, development standards and design elements
of that Specific Plan (SP 18-001) are consistent with the following goals and policies of the
General Plan including:
Land Use Element
Land Use Goal 1: Develop a balanced land use pattern to ensure that revenue
generation matches the City's responsibility for provision and maintenance of public
services and facilities.
Changing the designation of the site to Specific Plan to accommodate residential
development that can accommodate up to 180 units would allow residents of a
future development to contribute to an increase in retail sales revenue and related
City sales tax receipts at local dining, shopping and tourist-oriented venues. This
increase in sales tax revenue would allow for the City to maintain and improve
public services and facilities within the City. Furthermore, the General Plan
recognizes that the City has an oversupply of commercial uses serving the local
community. The General Plan states that some of the centers are underutilized due
to "the small local population", and that many are not well maintained, which has a
negative visual impact on the community. Future residents of the new development
would help to facilitate Land Use Goal 1.
Policy 1.1: Encourage a land use composition in San Juan Capistrano that provides
a balance or surplus between the generation of public revenues and the cost of
providing public facilities and services.
2
The proposed project would contribute to the project's fair share of public facility
and utility costs through payment of Development Impact Fees. Additionally,
property taxes generated as a result of project implementation would go to the City's
General Fund, from which the City utilizes revenue to fund public services and
utilities. Furthermore, the accompanying Development Agreement assures that the
maintenance of the proposed 0.5 acre public park and trail will be maintained by the
future Home Owners Association (HOA). This will benefit the public as the
maintenance costs of the public amenities will be covered by the developer and/or
HOA.
GOAL 2: Control and direct future growth within the City to preserve the rural
village-like character of the community.
The proposed project would develop the site with single-family residential uses that
would be developed at a maximum of 180 dwelling units with a minimum lot size of
4,000 square feet and would be a maximum of two stories in height. Residences
proposed as part of the project would be consistent with the density and nature of
residential uses adjacent to and nearby the site. The project would also include a
multi-use trail (i.e., pedestrian, bicycling, and equestrian uses) that would connect
Del Obispo Street to Via Positiva. The provision of the multi-use trail would
encourage bicycle, equestrian, and pedestrian uses, avoiding transportation by
automobile, and serve to preserve a more rural character on the site.
Policy 2.1: Continue controlling growth through the implementation of the City's
residential growth management program.
The project-related increase in population would represent less than 2 percent of
the City's existing and projected population through the year 2040. New
development facilitated as a result of project approval would be required to comply
with the City's Residential Growth Management Program (1976). Specifically, new
building permits issued following the approval of Subdivision and Development
applications would be reviewed by City staff for consistency with the growth
program, which currently limits new residential building permits to 400 per year.
Therefore, the proposal would be consistent with said policy.
Policy 2.2: Assure that new development is consistent and compatible with the
existing character of the City.
The project would allow for the development of a residential community that would
be consistent in use and character with surrounding development, including
surrounding residential uses. The proposed Specific Plan would also include design
guidelines that would ensure consistency in visual character between the proposed
project and surrounding development. For example, the proposed residences would
3
be developed in the Classic California Spanish architectural style to ensure
consistency with the City's landmark architectural heritage.
GOAL 3: Distribute additional population within the City based on risk factors.
The project site is located within a valley area and is not located within a high-risk
fire, geologic, or flooding area. The General Plan recognizes that future densities of
population could be allocated to the valley areas of the City outside of the
floodplain.
Policy 3.1: Confine higher density land uses to the valley areas outside of the
floodplain.
The proposed project would allow for the development of single-family residential
uses with a medium density. The project site is located within FEMA Flood Zone X,
which is an area determined to be outside of the 0.2 percent annual chance (500-
year) floodplain. As such, the project would not develop the site with high-density
land uses in areas prone to flooding.
GOAL 4: Preserve major areas of open space and natural features.
The project site has previously been considered for purchase and permanent
retention as open space or agriculture and was twice eliminated from further
consideration during the City's evaluation process associated with the passage of
general obligation bonds for the purchase of open space. The permanent retention
of the site for open space was in conflict with the surrounding development and with
the City's goals for orderly and balanced land use development as buildout occurs,
including the City's General Plan Land Use Element Policy 7.2, which encourages
new development to be compatible with the physical characteristics of its site,
surrounding land uses, and available public infrastructure. Furthermore, the project
site is not designated or considered open space. Therefore, the proposed project
would be consistent with Goal 4 of the Land Use Element.
Policy 7.2: Ensure that new development is compatible with the physical
characteristics of its site, surrounding land uses, and available public infrastructure.
The proposed Specific Plan includes development standards and design guidelines,
which would ensure that new development on the site would be cohesive with
existing surrounding development. Additionally, the development of single-family
residential uses on the site would be consistent with existing residential uses
adjacent to and nearby the site.
Circulation Element
GOAL 1: Provide a system of roadways that meets the needs of the community.
4
The proposed Specific Plan includes an internal roadway that would connect
driveways off Del Obispo Street and Via Positiva to ensure adequate connectivity
between other internal project roadways and the surrounding arterial system. New
internal roadways included as part of the Specific Plan would be laid out at the time
Subdivision and Development applications are proposed. Furthermore, a traffic
impact analysis, which is part of the Mitigated Negative Declaration finds that the
project would result in less than significant impacts on the local roadway system,
and no mitigation would be required. Therefore, the proposed project would be
consistent with Goal 1 of the Circulation Element.
GOAL 3: Provide an extensive public bicycle, pedestrian, and equestrian trails
network.
Implementation of the proposed project would allow for a network of lighted
pedestrian walkways and a multi-use trail that would support pedestrian, equestrian,
and bicycle users. The proposed project multi-use trail would connect the proposed
residential community with local public recreation amenities, including the existing
Ecology Center off Alipaz Street.
Housing Element
Policy 2.1: Consistent with the Land Use Element, encourage the construction of a
variety of housing types and sizes of housing throughout the community.
The proposed project would allow for the development of a medium-density
residential community on the project site, which would serve to add to the variety of
housing types available throughout the City.
Conservation and Open Space Element
GOAL 5: Shape and guide development in order to achieve efficient growth and
maintain community scale and identity.
The proposed project would allow for the development of up to 180 single-family
residential units on the project site that would accommodate population growth in
the City. All residences developed on the site would be developed in a manner that
would be consistent with the character and scale of existing development
surrounding the site, be constructed in the Classic California Spanish architectural
style, and be consistent with the development standards and design guidelines in
the proposed Specific Plan. Furthermore, future development applications will be
subject to the City's Architectural Control (AC) procedures involving extensive
review of proposals by the City's Design Review Committee followed by the
Planning Commission to ensure future development proposals meet Goal 5.
5
Public Services and Utilities Element
GOAL 6: Provide sufficient levels of water and sewer service.
The City's Urban Water Management Plan (UWMP) indicates that there are
sufficient water resources to meet full service demands through the year 2040.
Specifically, the project-related demand for water would represent an incremental
increase in water demand through the year 2040 (1.2 percent of current and
projected water supplies through the year 2040. Additionally, wastewater generated
as a result of project implementation would represent 0.7 percent of the remaining
treatment capacity of the J.B. Latham Wastewater Treatment Plant. Therefore, the
proposed project would be consistent-with Goal 6 of the Public Services and Utilities
Element
GOAL 7: Work effectively with providers of natural gas, electricity, telephone, cable
television and solid waste disposal to provide sufficient levels of these services.
The proposed project would be served by existing natural gas, electricity,telephone,
cable, and solid waste facilities. Therefore, the proposed project would be
consistent with Goal 7 of the Public Services and Utilities Element.
3. The San Juan Capistrano General Plan is hereby amended by redesignating
that certain real property located at 32382 Del Obispo Street, also known as Assessor's
Parcel Numbers 121-182-17 and 121-182-53, from Agri-Business to Specific Plan/Precise
Plan, as shown on the map attached hereto as Exhibit A.
4. The proposed Project has been environmentally reviewed pursuant to the
provisions of the California Environmental Quality Act (Public Resources Code Section
21000 et seq.) and the State CEQA Guidelines (California Code of Regulations, Title 14,
Sections 15000 et seq.) (collectively, "CEQA"). An Initial Study and Mitigated Negative
Declaration were prepared and adopted, along with a Mitigation Monitoring and Reporting
Program, for the Project, as fully set forth in Resolution No. 18-05-15-XX, adopted by the
City Council on May 15, 2018. That Resolution is incorporated herein by reference, and
made a part hereof as if fully set forth herein.
5. The City Clerk shall certify to the adoption of this Resolution and shall cause
this Resolution and the Clerk's certification to be entered into the Book of Resolutions for
the City Council.
PASSED, APPROVED AND ADOPTED this 15th day of May 2018.
SERGIO FARIAS, MAYOR
6
ATTEST.
MARIA MORRIS, CITY CLERK
10306-0005\2183668v3,doc
7
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- 1 5 REGIONAL PARI{ �$0. PUBLIC 1NSTITULIONAL
1 G NAT URAL OPEN SPACIE 5 L EMSTINGPUBLLGSCHQGL.S
0 1 7 RECREATION COMMERICAL �S 3 A,.SSISTED DARE FAL'R.ITIC S
2.0. ',,ERY LMI DENSITY SPECIAL STUDY
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-2 2 MEDIUM LOO, DENSITY - SPEO"LC PLANMRI$E PLAN
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=30 NEIGHBERHOCO COMMERCIAL
=31 GENERAL GCAINIERGIAL
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA APPROVING SPECIFIC PLAN 18-001 (CODE
AMENDMENT 18-004) FOR A RESIDENTIAL PROJECT WITH PARK
AND TRAIL AMENITIES ON A 35-ACRE SITE LOCATED AT 32382 DEL
OBISPO STREET (ASSESSOR PARCEL NUMBERS 121-182-17 AND
121-182-53) (SPIEKER SENIOR DEVELOPMENT)
WHEREAS, Spieker Senior Development, P.O. Box 160, San Juan Capistrano,
CA 92693 (the "Applicant"), has requested approval of The Farm Specific Plan
Residential Community, which involves General Plan Amendment 16-001, the adoption
of Specific Plan 18-001 (Code Amendment 18-004), and a related Development
Agreement 18-001, consisting of up to 180 single-family residential units with park and
trail amenities, on a 35 acre site located at 32382 Del Obispo Street, also known as
Assessor's Parcel Numbers 121-182-17 and 121-182-53 (hereafter, the "Property")
(collectively, the various applications a referred to as the "Project");
WHEREAS, Virginia Germann, Successor Trustee of the C. and I. Vermeulen
Revocable Trust Dated May 14, 1990, 772 Town and Country Road, Orange, CA 92868
and Vermeulen Ranch Center LLC, P.O. Box 160, San Juan Capistrano, CA 92693
(collectively, the "Property Owners"), are the owners of the Property;
WHEREAS, Government Code Section 65450 et seq, authorizes the City to
prepare a specific plan for the systematic implementation of the City's General Plan;
WHEREAS, on May 15, 2018, the City Council conducted a duly noticed public
hearing to consider the Specific Plan and the Project as a whole.
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 findings of the
City Council.
SECTION 2. CEQA.
The City Council on May 15, 2018, adopted the Final IS/MND, along with a
Mitigation Monitoring and Reporting Program, for the Project, as fully set forth in
Resolution No. 18-05-15-XX. That Resolution is incorporated herein by reference, and
made a part hereof as if fully set forth herein. Further, the requirements of the
Mitigation Monitoring and Reporting Program are hereby imposed as conditions of
approval on the Specific Plan. The documents and other materials that constitute the
record are located in City Hall at 32400 Paseo Adelanto, San Juan Capistrano,
California and the custodian of record of proceedings is the Development Services
Department Administrative Specialist.
10306-0005\2183667v3Am ATTACHMENT 3
SECTION 3. Findings.
The City Council of the City of San Juan Capistrano makes the following findings:
1. The proposed Specific Plan is authorized and consistent with the
provisions of Government Code Sections 65450 et seq. and related City
ordinances and policies.
2. The proposed Specific Plan is consistent with the City of San Juan
Capistrano General Plan and complies with its objectives and policies.
Specifically, the Specific Plan is consistent with and implements the
following objectives and policies of the General Plan:
Land Use Element
Land Use Goal 1: Develop a balanced land use pattern to ensure
that revenue generation matches the City's responsibility for
provision and maintenance of public services and facilities.
Changing the designation of the site to Specific Plan to
accommodate residential development that can accommodate up
to 180 units would allow residents of a future development to
contribute to an increase in retail sales revenue and related City
sales tax receipts at local dining, shopping and tourist-oriented
venues. This increase in sales tax revenue would allow for the City
to maintain and improve public services and facilities within the
City. Furthermore, the General Plan recognizes that the City has
an oversupply of commercial uses serving the local community.
The General Plan states that some of the centers are underutilized
due to "the small local population", and that many are not well
maintained, which has a negative visual impact on the community.
Future residents of the new development would help to facilitate
Land Use Goal 1.
Policy 1.1: Encourage a land use composition in San Juan
Capistrano that provides a balance or surplus between the
generation of public revenues and the cost of providing public
facilities and services.
The proposed project would contribute to the project's fair share of
public facility and utility costs through payment of Development
Impact Fees. Additionally, property taxes generated as a result of
project implementation would go to the City's General Fund, from
which the City utilizes revenue to fund public services and utilities.
Furthermore, the accompanying Development Agreement assures
-2-
10306-0005\2183667v3.doc
that the maintenance of the proposed 0.5 acre public park and trail
will be maintained by the future Home Owners Association (HOA).
This will benefit the public as the maintenance costs of the public
amenities will be covered by the developer and/or HOA.
GOAL 2: Control and direct future growth within the City to preserve
the rural village-like character of the community.
The proposed project would develop the site with single-family
residential uses that would be developed at a maximum of 180
dwelling units with a minimum lot size of 4,000 square feet and
would be a maximum of two stories in height. Residences proposed
as part of the project would be consistent with the density and
nature of residential uses adjacent to and nearby the site. The
project would also include a multi-use trail (i.e., pedestrian,
bicycling, and equestrian uses) that would connect Del Obispo
Street to Via Positiva. The provision of the multi-use trail would
encourage bicycle, equestrian, and pedestrian uses, avoiding
transportation by automobile, and serve to preserve a more rural
character on the site.
Policy 2.1: Continue controlling growth through the implementation
of the City's residential growth management program.
The project-related increase in population would represent less
than 2 percent of the City's existing and projected population
through the year 2040. New development facilitated as a result of
project approval would be required to comply with the City's
Residential Growth Management Program (1976). Specifically, new
building permits issued following the approval of Subdivision and
Development applications would be reviewed by City staff for
consistency with the growth program, which currently limits new
residential building permits to 400 per year. Therefore, the
proposal would be consistent with said policy.
Policy 2.2: Assure that new development is consistent and
compatible with the existing character of the City.
The project would allow for the development of a residential
community that would be consistent in use and character with
surrounding development, including surrounding residential uses.
The proposed Specific Plan would also include design guidelines
that would ensure consistency in visual character between the
proposed project and surrounding development. For example, the
proposed residences would be developed in the Classic California
-3-
10306-0005\2183667v3.doc
Spanish architectural style to ensure consistency with the City's
landmark architectural heritage.
GOAL 3: Distribute additional population within the City based on
risk factors.
The project site is located within a valley area and is not located
within a high-risk fire, geologic, or flooding area. The General Plan
recognizes that future densities of population could be allocated to
the valley areas of the City outside of the floodplain.
Policy 3.1: Confine higher density land uses to the valley areas
outside of the floodplain.
The proposed project would allow for the development of single-
family residential uses with a medium density. The project site is
located within FEMA Flood Zone X, which is an area determined to
be outside of the 0.2 percent annual chance (500-year) floodplain.
As such, the project would not develop the site with high-density
land uses in areas prone to flooding.
GOAL 4: Preserve major areas of open space and natural features.
The project site has previously been considered for purchase and
permanent retention as open space or agriculture and was twice
eliminated from further consideration during the City's evaluation
process associated with the passage of general obligation bonds
for the purchase of open space. The permanent retention of the site
for open space was in conflict with the surrounding development
and with the City's goals for orderly and balanced land use
development as buildout occurs, including the City's General Plan
Land Use Element Policy 7.2, which encourages new development
to be compatible with the physical characteristics of its site,
surrounding land uses, and available public infrastructure.
Furthermore, the project site is not designated or considered open
space. Therefore, the proposed project would be consistent with
Goal 4 of the Land Use Element.
Policy 7.2: Ensure that new development is compatible with the
physical characteristics of its site, surrounding land uses, and
available public infrastructure.
The proposed Specific Plan includes development standards and
design guidelines, which would ensure that new development on
the site would be cohesive with existing surrounding development.
Additionally, the development of single-family residential uses on
-4-
10306-0005\2183667v3.doc
the site would be consistent with existing residential uses adjacent
to and nearby the site.
Circulation Element
GOAL 1: Provide a system of roadways that meets the needs of the
community.
The proposed Specific Plan includes an internal roadway that
would connect driveways off Del Obispo Street and Via Positiva to
ensure adequate connectivity between other internal project
roadways and the surrounding arterial system. New internal
roadways included as part of the Specific Plan would be laid out at
the time Subdivision and Development applications are proposed.
Furthermore, a traffic impact analysis, which is part of the Mitigated
Negative Declaration finds that the project would result in less than
significant impacts on the local roadway system, and no mitigation
would be required. Therefore, the proposed project would be
consistent with Goal 1 of the Circulation Element.
GOAL 3: Provide an extensive public bicycle, pedestrian, and
equestrian trails network.
Implementation of the proposed project would allow for a network of
lighted pedestrian walkways and a multi-use trail that would support
pedestrian, equestrian, and bicycle users. The proposed project
multi-use trail would connect the proposed residential community
with local public recreation amenities, including the existing Ecology
Center off Alipaz Street.
Housinq Element
Policy 2.1: Consistent with the Land Use Element, encourage the
construction of a variety of housing types and sizes of housing
throughout the community.
The proposed project would allow for the development of a
medium-density residential community on the project site, which
would serve to add to the variety of housing types available
throughout the City.
Conservation and Open Space Element
GOAL 5: Shape and guide development in order to achieve efficient
growth and maintain community scale and identity.
-5-
1 0306-0005\2183 667v3.doc
The proposed project would allow for the development of up to 180
single-family residential units on the project site that would
accommodate population growth in the City. All residences
developed on the site would be developed in a manner that would
be consistent with the character and scale of existing development
surrounding the site, be constructed in the Classic California
Spanish architectural style, and be consistent with the development
standards and design guidelines in the proposed Specific Plan.
Furthermore, future development applications will be subject to the
City's Architectural Control (AC) procedures involving extensive
review of proposals by the City's Design Review Committee
followed by the Planning Commission to ensure future development
proposals meet Goal 5.
Public Services and Utilities Element
GOAL 6: Provide sufficient levels of water and sewer service.
The City's Urban Water Management Plan (UWMP) indicates that
there are sufficient water resources to meet full service demands
through the year 2040. Specifically, the project-related demand for
water would represent an incremental increase in water demand
through the year 2040 (1.2 percent of current and projected water
supplies through the year 2040. Additionally, wastewater
generated as a result of project implementation would represent 0.7
percent of the remaining treatment capacity of the J.B. Latham
Wastewater Treatment Plant. Therefore, the proposed project
would be consistent with Goal 6 of the Public Services and Utilities
Element
GOAL 7: Work effectively with providers of natural gas, electricity,
telephone, cable television and solid waste disposal to provide
sufficient levels of these services.
The proposed project would be served by existing natural gas,
electricity, telephone, cable, and solid waste facilities. Therefore,
the proposed project would be consistent with Goal 7 of the Public
Services and Utilities Element.
3. The Specific Plan (and related Code Amendment 18-004) is necessary to
implement the General Plan and to provide for public safety, convenience, and/or
general welfare for the reasons described in the findings in paragraph 2 above.
4. The Specific Plan (and related Code Amendment 18-004) conforms with
the intent of the Development Code and is consistent with other applicable
related provisions thereof in that the Specific Plan will implement single family
-6-
10306-0005\21836670.d oc
residential standards that are similar to those applicable to the RS-4000 single
family zoning district and provide for the establishment and regulation of the
Specific Plan Area's future residential, park, and on-site trail development.
5. The Specific Plan (and related Code Amendment 18-005) is reasonable
and beneficial at this time in that the subject site is vacant and the Specific Plan
would facilitate a residential development that will be compatible in density with
other residential uses and established zoning districts in the vicinity. The subject
site is well suited for residential development due to adjacent and nearby
residential development and commercial development that will benefit from
additional residential population.
SECTION 4. Approval and Adoption.
Pursuant to Government Code Section 65450 et seq., the City Council hereby
adopts the Specific Plan, which is attached hereto as Exhibit A and incorporated herein
by reference, for the real property described in Exhibit B attached hereto.
SECTION 5. Notice of Determination.
City staff is hereby directed to file a Notice of Determination with the Office of the
County Clerk in accordance with CEQA and the CEQA Guidelines.
SECTION 6. Severability.
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 7. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after its passage
if and only if Resolution No. 18-05-15-XX adopting General Plan Amendment No. 16-
001 and Ordinance No. approving Development Agreement 18-001 are both in
effect.
SECTION 8. City 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
-7-
10306-000512183667v3.doc
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 5t" day June, 2018.
SERGIO FARIAS, MAYOR
ATTEST.-
MARIA
TTEST:MARIA MORRIS, CITY CLERK
-8-
10306-0005\2183667x3.doc
EXHIBIT A
SPECIFIC PLAN
Please refer to Enclosure 1 of the staff report
Exhibit A
Page 1
10306-0005\2183667v3.doc
EXHIBIT B
LEGAL DESCRIPTION
Exhibit B
Page 1
10306-0005\2183667v2.doc
EXHIBIT B
Order No.. 12400360-K26
LEGAL DESCRIPTION
PARCEL 1: (A PORTION OF APN: 121-182-53)
THAT PORTION OF LOT 64 OF TRACT NO. 103, IN THE COUNTY OF ORANGE, STATE OF
CALIFORNIA,AS PER MAP RECORDED INBOOK 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 MOST NORTHERLY CORNER OF SAID LOT 64;
THENCE SOUTH 54 DEGREES 48 MINUTES 30 SECONDS EAST, 745.39 FEET ALONG THE
NORTHEASTERLY LINE OF SAID LOT;
THENCE SOUTH 36 DEGREES 07 MINUTES 30 SECONDS WEST,474.77 FEET;
THENCE NORTH 53 DEGREES 52 MINUTES 30 SECONDS WEST, 906.58 FEET" TO THE
NORTHWESTERLY LINE OF SAID LOT;
THENCE NORTHEASTERLY ALONG THE NORTHWESTERLY LINES OF SAID LOT TO THE
POINT OF BEGINNING.
PARCEL 2: (A PORTION OF APN: 121-182-53)
LOTS 63 AND 64 OF TRACT NO, 103, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA,
AS PER MAP RECORDED IN BOOK 11, PAGES 29 THROUGH 33, INCLUSIVE, OF
MISCELLANEOUS MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT THAT PORTION THEREOF LYING NORTHEASTERLY AND EASTERLY OF THE
FOLLOWING DESCRIBED LINE:
BEGINNING AT THE MOST WESTERLY CORNER OF THE LAND DESCRIBED IN DEED TO
CALVIN C. FLINT AND WIFE, RECORDED DECEMBER 30, 1948 IN BOOK 1781, PAGE 69,
OFFICIAL RECORDS;
THENCE SOUTH 53 DEGREES 52 MINUTES 30 SECONDS EAST 806.58 FEET TO THE
SOUTHERLY CORNER OF SAID FLINT LAND;
THENCE CONTINUING SOUTH 53 DEGREES 52 MINUTES 30 SECONDS EAST,426.76 FEET;
THENCE SOUTH 9 DEGREES 02 MINUTES 20 SECONDS EAST, 260.20 FEET TO A POINT ON
THE SOUTH LINE OF SAID LOT 63 WHICH IS SOUTH 89 DEGREES 51 MINUTES 00 SECONDS
WEST,415.87 FEET FROM THE SOUTHEASTERLY CORNER OF SAID LOT 63,
TOGETHER WITH THAT PORTION OF DEL OBISPO STREET VACATED BY RESOLUTION NO.
81-9-5 OF THE CITY COUNCII, OF THE CITY OF SAN JUAN CAPISTRANO, RECORDED
SEPTEMBER 18, 1981 INBOOK 14225 PAGE,683,OF OFFICIAL RECORDS.
CLTA Preliminary Report Form-Modified(11-17-06)
Order No.: 12400360-K26
LEGAL DESCRIPTION
(continued)
PARCEL 3: (AIIN: 121-182-17)
THAT PORTION OF LOTS 63 AND 64 OF TRACT NO. 103, IN THE CITY OF SAN JUAN
CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED 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 A POINT IN THE NORTHEASTERLY LINE OF SAID LOT 64., DISTANT SOUTH
54 DEGREES 48 MINUTES 30 SECONDS EAST, 745.39 FEET FROM THE MOST NORTHERLY
CORNER OF SAID LOT 64;
THENCE SOUTH 36 DEGREES 07 MINUTES 30 SECONDS WEST, 474.77 FEET;
THENCE SOUTH 53 DEGREES 52 MINUTES 30 SECONDS EAST, 426.76 FEET;
THENCE SOUTH 9 DEGREES 02 MINUTES 20 SECONDS EAST, 260.20 FEET TO A POINT IN
THE SOUTH LINE OF SAID LOT 63;
DISTANT SOUTH 89 DEGREES 51 MINUTES WEST, 415.87 FEET FROM THE
SOUTHEASTERLY CORNER OF SAID LOT 63;
THENCE NORTH 89 DEGREES 51 MINUTES EAST, 415.87 FEET TO SAID SOUTHEASTERLY
CORNER OF LOT 63;
THENCE NORTH 36 DEGREES 56 MINUTES 30 SECONDS EAST, 427.75 FEET ALONG THE
SOUTHEASTERLY LINE OF SAID LOT 63 TO THE MOST EASTERLY CORNER THEREOF;
THENCE NORTH 54 DEGREES 48 MINUTES 30 SECONDS WEST, 952.79 FEET ALONG THE
NORTHEASTERLY LINE OF SAID LOTS 63 AND 64 TO THE POINT OF BEGINNING.
SAID LAND 1S SHOWN ON A LICENSED SURVEYOR'S MAP FILED IN BOOK 2, PAGE 37, OF
RECORDS OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE
COUNTY,CALIFORNIA.
END OF LEGAL DESCRIPTION
CLTA Preliminary Report Form-Modified(11-17-06)
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA APPROVING A DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF SAN JUAN CAPISTRANO AND VIRGINIA GERMANN,
SUCCESSOR TRUSTEE OF THE C. AND I. VERMEULEN REVOCABLE
TRUST DATED MAY 14, 1990 AND VERMEULEN RANCH CENTER,
LLC RELATED TO THE DEVELOPMENT OF A RESIDENTIAL PROJECT
WITH PARK AND TRAIL AMENITIES ON A 35-ACRE SITE LOCATED
AT 32382 DEL OBISPO STREET (ASSESSOR PARCEL NUMBERS 121-
182-17 AND 121-182-53) (SPIEKER SENIOR DEVELOPMENT)
WHEREAS, Spieker Senior Development, P.O, Box 160, San Juan Capistrano,
CA 92693 (the "Applicant"), has requested approval of The Farm Specific Plan
Residential Community, which involves General Plan Amendment 16-001 , the adoption
of Specific Plan 18-001 (Code Amendment 18-004), and the adoption of this
development agreement 18-001, consisting of up to 180 single-family residential units
with park and trail amenities on a 35 acre site located at 32382 Del Obispo Street, also
known as Assessor's Parcel Numbers 121-182-17 and 121-182-53 (hereafter, the
"Property") (collectively, the various applications a referred to as the "Project");
WHEREAS, Virginia Germann, Successor Trustee of the C. and I. Vermeulen
Revocable Trust Dated May 14, 1990, 772 Town and Country Road, Orange, CA 92868
and Vermeulen Ranch Center, LLC, P.O. Box 160, San Juan Capistrano, CA 92693
(collectively the "Property Owners"), are the owners of the Property;
WHEREAS, the Property Owners, propose to enter into a development
agreement with the City of San Juan Capistrano (herein, the "Development
Agreement"), which is attached to this Ordinance as Exhibit A, in connection with the
Project described above, to be located at 32382 Del Obispo Street, in the City of San
Juan Capistrano, described in the legal description attached hereto as Exhibit B, and
incorporated herein by this reference;
WHEREAS, on April 24, 2018, the Planning Commission held a duly noticed
public hearing and, after considering all evidence in the record including public
comments, adopted Resolution No. 18-04-24-02, recommending that the City Council
adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program, approve the General Plan Amendment (GPA 16-001), consider The Farm
Specific Plan (Specific Plan 18-001; Code Amendment 18-004) and refer the Specific
Plan to the Planning Commission for further refinement and review, and approve the
related Development Agreement 18-001;
WHEREAS, on May 15, 2018, the City Council conducted a duly'noticed public
hearing pursuant to Government Code Section 65867 and the City's Municipal Code to
consider the Development Agreement and the Project.
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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 on May 15, 2018, adopted the Final IS/MND, along with a
Mitigation Monitoring and Reporting Program, for the Project, as fully set forth in
Resolution No. 18-05-15-XX. That Resolution is incorporated herein by reference, and
made a part hereof as if fully set forth herein. Further, the requirements of the
Mitigation Monitoring and Reporting Program are hereby imposed as conditions of
approval on the Development Agreement. The documents and other materials that
constitute the record are located in City Hall at 32400 Paseo Adelanto, San Juan
Capistrano, California and the custodian of record of proceedings is the Development
Services Department Administrative Specialist.
SECTION 3, Findings.
The City Council of the City of San Juan Capistrano makes the following findings:
1. The proposed Development Agreement is authorized and consistent with
the provisions of Government Code Sections 65864 et seq. and related
City ordinances and policies.
2. The proposed Development Agreement is consistent with the City of San
Juan Capistrano General Plan and complies with its objectives and
policies. Specifically, the Development Agreement and the development
contemplated therein are consistent with and implement the following
objectives and policies of the General Plan:
The proposed General Plan Amendment is consistent with the
overall goals and policies of the General Plan because it
establishes a land use designation governed by a specific plan, and
the proposed land uses, development standards and design
elements of that Specific Plan (SP 18-001) are consistent with the
following goals and policies of the General Plan including:
Land Use Element
Land Use Goal 1: Develop a balanced land use pattern to ensure
that revenue generation matches the City's responsibility for
provision and maintenance of public services and facilities.
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Changing the designation of the site to Specific Plan to
accommodate residential development that can accommodate up
to 180 units would allow residents of a future development to
contribute to an increase in retail sales revenue and related City
sales tax receipts at local dining, shopping and tourist-oriented
venues. This increase in sales tax revenue would allow for the City
to maintain and improve public services and facilities within the
City. Furthermore, the General Plan recognizes that the City has
an oversupply of commercial uses serving the local community.
The General Plan states that some of the centers are underutilized
due to "the small local population", and that many are not well
maintained, which has a negative visual impact on the community.
Future residents of the new development would help to facilitate
Land Use Goal 1.
Policy 1.1: Encourage a land use composition in San Juan
Capistrano that provides a balance or surplus between the
generation of public revenues and the cost of providing public
facilities and services.
The proposed project would contribute to the project's fair share of
public facility and utility costs through payment of Development
Impact Fees. Additionally, property taxes generated as a result of
project implementation would go to the City's General Fund, from
which the City utilizes revenue to fund public services and utilities.
Furthermore, the accompanying Development Agreement assures
that the maintenance of the proposed 0.5 acre public park and trail
will be maintained by the future Home Owners Association (HOA).
This will benefit the public as the maintenance costs of the public
amenities will be covered by the developer and/or HOA.
GOAL 2: Control and direct future growth within the City to preserve
the rural village-like character of the community.
The proposed project would develop the site with single-family
residential uses that would be developed at a maximum of 180
dwelling units with a minimum lot size of 4,000 square feet and
would be a maximum of two stories in height. Residences proposed
as part of the project would be consistent with the density and
nature of residential uses adjacent to and nearby the site. The
project would also include a multi-use trail (i.e., pedestrian,
bicycling, and equestrian uses) that would connect Del Obispo
Street to Via Positiva. The provision of the multi-use trail would
encourage bicycle, equestrian, and pedestrian uses, avoiding
transportation by automobile, and serve to preserve a more rural
character on the site.
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Policy 2. 1: Continue controlling growth through the implementation
of the City's residential growth management program.
The project-related increase in population would represent less
than 2 percent of the City's existing and projected population
through the year 2040. New development facilitated as a result of
project approval would be required to comply with the City's
Residential Growth Management Program (1976). Specifically, new
building permits issued following the approval of Subdivision and
Development applications would be reviewed by City staff for
consistency with the growth program, which currently limits new
residential building permits to 400 per year. Therefore, the
proposal would be consistent with said policy.
Policy 2.2: Assure that new development is consistent and
compatible with the existing character of the City.
The project would allow for the development of a residential
community that would be consistent in use and character with
surrounding development, including surrounding residential uses.
The proposed Specific Plan would also include design guidelines
that would ensure consistency in visual character between the
proposed project and surrounding development. For example, the
proposed residences would be developed in the Classic California
Spanish architectural style to ensure consistency with the City's
landmark architectural heritage.
GOAL 3: Distribute additional population within the City based on
risk factors.
The project site is located within a valley area and is not located
within a high-risk fire, geologic, or flooding area. The General Plan
recognizes that future densities of population could be allocated to
the valley areas of the City outside of the floodplain.
Policy 3.1: Confine higher density land uses to the valley areas
outside of the floodplain.
The proposed project would allow for the development of single-
family residential uses with a medium density. The project site is
located within FEMA Flood Zone X, which is an area determined to
be outside of the 0.2 percent annual chance (500-year) floodplain.
As such, the project would not develop the site with high-density
land uses in areas prone to flooding.
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GOAL 4: Preserve major areas of open space and natural features.
The project site has previously been considered for purchase and
permanent retention as open space or agriculture and was twice
eliminated from further consideration during the City's evaluation
process associated with the passage of general obligation bonds
for the purchase of open space. The permanent retention of the site
for open space was in conflict with the surrounding development
and with the City's goals for orderly and balanced land use
development as buildout occurs, including the City's General Plan
Land Use Element Policy 7.2, which encourages new development
to be compatible with the physical characteristics of its site,
surrounding land uses, and available public infrastructure.
Furthermore, the project site is not designated or considered open
space. Therefore, the proposed project would be consistent with
Goal 4 of the Land Use Element.
Policy 7.2: Ensure that new development is compatible with the
physical characteristics of its site, surrounding land uses, and
available public infrastructure.
The proposed Specific Plan includes development standards and
design guidelines, which would ensure that new development on
the site would be cohesive with existing surrounding development.
Additionally, the development of single-family residential uses on
the site would be consistent with existing residential uses adjacent
to and nearby the site.
Circulation Element
GOAL 1: Provide a system of roadways that meets the needs of the
community.
The proposed Specific Plan includes an internal roadway that
would connect driveways off Del Obispo Street and Via Positiva to
ensure adequate connectivity between other internal project
roadways and the surrounding arterial system. New internal
roadways included as part of the Specific Plan would be laid out at
the time Subdivision and Development applications are proposed.
Furthermore, a traffic impact analysis, which is part of the Mitigated
Negative Declaration finds that the project would result in less than
significant impacts on the local roadway system, and no mitigation
would be required. Therefore, the proposed project would be
consistent with Goal 1 of the Circulation Element.
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GOAL 3: Provide an extensive public bicycle, pedestrian, and
equestrian trails network.
Implementation of the proposed project would allow for a network of
lighted pedestrian walkways and a multi-use trail that would support
pedestrian, equestrian, and bicycle users. The proposed project
multi-use trail would connect the proposed residential community
with local public recreation amenities, including the existing Ecology
Center off Alipaz Street.
Housing Element
Policy 2.1: Consistent with the Land Use Element, encourage the
construction of a variety of housing types and sizes of housing
throughout the community.
The proposed project would allow for the development of a
medium-density residential community on the project site, which
would serve to add to the variety of housing types available
throughout the City.
Conservation and Open Space Element
GOAL 5: Shape and guide development in order to achieve efficient
growth and maintain community scale and identity.
The proposed project would allow for the development of up to 180
single-family residential units on the project site that would
accommodate population growth in the City. All residences
developed on the site would be developed in a manner that would
be consistent with the character and scale of existing development
surrounding the site, be constructed in the Classic California
Spanish architectural style, and be consistent with the development
standards and design guidelines in the proposed Specific Plan.
Furthermore, future development applications will be subject to the
City's Architectural Control (AC) procedures involving extensive
review of proposals by the City's Design Review Committee
followed by the Planning Commission to ensure future development
proposals meet Goal 5.
Public Services and Utilities Element
GOAL 6: Provide sufficient levels of water and sewer service.
The City's Urban Water Management Plan (UWMP) indicates that
there are sufficient water resources to meet full service demands
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through the year 2040. Specifically, the project-related demand for
water would represent an incremental increase in water demand
through the year 2040 (1.2 percent of current and projected water
supplies through the year 2040. Additionally, wastewater
generated as a result of project implementation would represent 0.7
percent of the remaining treatment capacity of the J.B. Latham
Wastewater Treatment Plant. Therefore, the proposed project
would be consistent with Goal 6 of the Public Services and Utilities
Element
GOAL 7: Work effectively with providers of natural gas, electricity,
telephone, cable television and solid waste disposal to provide
sufficient levels of these services.
The proposed project would be served by existing natural gas,
electricity, telephone, cable, and solid waste facilities. Therefore,
the proposed project would be consistent with Goal 7 of the Public
Services and Utilities Element.
SECTION 4. Approval and Adoption.
Pursuant to Government Code Section 65865 et seq., the City Council does
hereby approve and adopt the Development Agreement by and between the City of San
Juan Capistrano and Virginia Germann, Successor Trustee of the C. and I. Vermeulen
Revocable Trust Dated May 14, 1990 and Vermeulen Ranch Center, LLC, which is
attached hereto as Exhibit A.
SECTION 5. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after its passage
if and only if Resolution No. 18-05-15-XX adopting General Plan Amendment No. 16-
001 and Ordinance No. approving Specific Plan 18-001 are both in effect.
SECTION 6. Execution bVthe Mayor.
The Mayor is hereby directed to execute the Development Agreement on behalf
of the City after this Ordinance takes effect.
SECTION 7, Recordation.
No later than 10 days after the effective date of this Ordinance, the City Clerk
shall record with the County Recorder a copy of the Development Agreement and the
notice shall describe the land to which such contract applies.
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10306-000512183669v3 doc
SECTION 8. Notice of Determination.
City staff is hereby directed to file a Notice of Determination with the Office of the
County Clerk in accordance with CEQA and the CEQA Guidelines
SECTION 9. Severability.
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 10. City 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 5th day of June, 2018.
SERGIO FARIAS, MAYOR
ATTEST:
MARIA MORRIS, CITY CLERK
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10306-0005\2183669v3.doc
EXHIBIT A
DEVELOPMENT AGREEMENT
Exhibit A
Page 1
10306-0005\2183669v3.doe
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Recorded at request of:
City Clerk
City of San Juan Capistrano
When recorded return to:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attention: City Clerk
Exempt from filing fees pursuant to Government Code§6103
DEVELOPMENT AGREEMENT NO. 18-001
A DEVELOPMENT AGREEMENT BETWEEN
CITY OF SAN JUAN CAPISTRANO
and
VERMEULEN RANCH CENTER,LLC
10306-0005\2182642v4.doc
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DEVELOPMENT AGREEMENT NO. 18-001
This Development Agreement(hereinafter"Agreement")is entered into as of this_day of
, 2018 by and between the City of San Juan Capistrano, California (hereinafter
"CITY"), and VIRGINIA GERMANN, SUCCESSOR TRUSTEE OF THE C. AND I.
VERMEULEN REVOCABLE TRUST DATED MAY 14, 1990 ("Vermeulen Trust"), and
VERMEULEN RANCH CENTER, LLC, a California limited liability company (hereinafter
"OWNER"):
RECITALS
WHEREAS,CITY is authorized to enter into binding development agreements with persons
having legal or equitable interests in real property for the development of such property,pursuant to
Section 65864, et seq. of the Government Code; and
WHEREAS, this Agreement constitutes a current exercise of CITY's police powers to
provide predictability to OWNER in the development approval process by vesting the permitted
uses, density, intensity of use, and timing and phasing of development consistent with the
Development Plan in exchange for OWNER's commitment to provide significant public benefits to
CITY as set forth in Section 4 below; and
WHEREAS, OWNER has requested CITY to enter into a development agreement and
proceedings have been taken in accordance with the rules and regulations of CITY; and
WHEREAS, the best interests of the citizens of the City of San Juan Capistrano and the
public health, safety and welfare will be served by entering into this Agreement; and
WHEREAS,the City Council hereby finds and determines that this development agreement
is of major significance because it will enable the CITY to fund much needed capital improvements
and provide much needed public services and will therefore also have a major,beneficial economic
impact on the CITY; and
WHEREAS, the provision by OWNER of the public benefits allows the CITY to realize
significant economic,recreational,park,open space,educational,social and public facilities benefits.
The public benefits will advance the interests and meet the needs of San Juan Capistrano residents
and visitors to a significantly greater extent than would development of the Property without this
Agreement.
WHEREAS, the physical effects, if any, of the Project and this Agreement have been
analyzed pursuant to CEQA and a Mitigated Negative Declaration was prepared and circulated for
public review and was adopted by the City Council; and
WHEREAS,on April 24,2018,the Planning Commission held a duly noticed public hearing
on the Project and on this Agreement,and following receipt of all oral and written testimony,closed
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the public hearing and adopted Resolution No. ,recommending,among other things,
that the City Council approve this Agreement; and
WHEREAS, on 2018, the City Council held a duly noticed public hearing on the
project, the other project approvals and on this Agreement, and following receipt of all oral and
written testimony, closed the public hearing, and introduced Ordinance No. , approving this
Agreement; and
WHEREAS, this Agreement and the Project are consistent with the San Juan Capistrano
General Plan and proposed The Farm Specific Plan ; and
WHEREAS, all actions taken and approvals given by CITY have been duly taken or
approved in accordance with all applicable legal requirements for notice,public hearings,findings,
votes, and other procedural matters; and
WHEREAS, development of the Property in accordance with this Agreement will provide
substantial benefits to CITY and will further important policies and goals of CITY; and
WHEREAS, this Agreement will eliminate uncertainty in planning and provide for the
orderly development of the Property, ensure progressive installation of necessary improvements,
provide for public services appropriate to the development of the Project, and generally serve the
purposes for which development agreements under Section 65 864,et sec. of the Government Code
are intended;
COVENANTS
NOW, THEREFORE,, in consideration of the above recitals and of the mutual covenants
hereinafter contained and for other good and valuable consideration, the receipt and adequacy of
which are hereby acknowledged, the parties agree as follows:
1. DEFINITIONS AND EXHIBITS.
1.1 Definitions. The following terms when used in this Agreement shall be defined as
follows:
1.1'.1 "Agreement" means this Development Agreement.
1.1.2 "CITY" means the City of San Juan Capistrano, a California municipal
corporation.
1.1.3 "City Council" means the duly elected city council of the City of San Juan
Capistrano.
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1.1.4 "Commencement Date" means the date the Term of this Agreement
commences.
1.1.5 "Development" means the improvement of the Property for the purposes of
completing the structures, improvements and facilities comprising the Project including, but not
limited to: grading; the construction of infrastructure and public facilities related to the Project
whether located within or outside the Property;the construction of buildings and structures;and the
installation of landscaping. "Development"does not include the maintenance,repair,reconstruction
or redevelopment of any building, structure, improvement or facility after the construction and
completion thereof.
1.1.6 "Development Approvals"means all permits and other entitlements for use
subject to approval or issuance by CITY in connection with development of the Property including,
but not limited to:
(a) General Plan Land Use Element map and text amendments(GPA 16-
001);
(b) The Farm Specific Plan (Code Amendment 18-004);
(b) Tentative and final subdivision and parcel maps;
(c) Conditional use permits, public use permits and plot plans;
(d) Zoning;
(e) Grading and building permits.
1.1.7 "Development Exaction"means any requirement of CITY in connection with
or pursuant to any Land Use Regulation or Development Approval for the dedication of land, the
construction of improvements or public facilities, or the payment of fees in order to lessen, offset,
mitigate or compensate for the impacts of development on the environment or other public interests.
1.1.8 "Development Impact Fee" a monetary exaction other than a tax or special
assessment,whether established for a broad class of projects by legislation of general applicability or
imposed on a specific project on an ad hoc basis,that is charged by a local agency to the applicant in
connection with approval of a development project for the purpose of defraying all or a portion of the
cost of public facilities related to the development project, but does not include park"in lieu" fees
specified in Government Code Section 66477, fees for processing applications for governmental
regulatory actions or approvals,or fees collected under development agreements adopted pursuant to
Article 2.5 of Chapter 4 of the Government Code (commencing with Section 65864).
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1.1.9 "Development Plan"means The Farm Specific Plan for development of the
Property as set forth in Exhibit "C", which allows for no more than 180 single family residential
units.
1.1.10 "Effective Date"means the latter of the three following dates: (i) the date
the ordinance approving and authorizing this Agreement becomes effective; (ii) the date that the
ordinance adopting The Farm Specific Plan takes effect, and (iii)the date that the resolution
approving General Plan Amendment 16-001 takes effect. If one of more of the Ordinance
approving this Agreement, the Ordinance approving the Specific Plan, or the Resolution
approving General Plan Amendment 16-001 do not take effect, then this Agreement will not take
effect.
1.1.11 "Land Use Regulations" means all ordinances, resolutions, codes, rules,
regulations and official policies of CITY governing the development and use of land, including,
without limitation, the permitted use of land, the density or intensity of use, subdivision
requirements,the maximum height and size of proposed buildings,the provisions for reservation or
dedication of land for public purposes,and the design,improvement and construction standards and
specifications applicable to the development of the Property. "Land Use Regulations" does not
include any CITY ordinance, resolution, code,rule,regulation or official policy, governing:
(a) the conduct of businesses, professions, and occupations;
(b) taxes (special or general) and assessments;
(c) the control and abatement of nuisances;
(d) the granting of encroachment permits and the conveyance of rights and
interests that provide for the use of or the entry upon public property;
(e) the exercise of the power of eminent domain.
1.1.12 "OWNER"means the persons and entities listed as OWNER on page I of this
Agreement and their successors in interest to all or any part of the Property.
1.1.13 "Mortgagee"means a mortgagee of a mortgage,a beneficiary under a deed of
trust or any other security-device lender, and their successors and assigns.
1.1.14 "Project" means the development of the Property contemplated by the
Development Plan as such Plan may be further defined, enhanced or modified pursuant to the
provisions of this Agreement.
1.1.15 "Property" means the real property described on Exhibit"A" and shown on
Exhibit"B"to this Agreement.
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1.1.16 "Public Benefit" refers to those benefits provided to the CITY and the
community by OWNER pursuant to Section 4 below.
1.1.17 "Reservation of Rights" means the rights and authority excepted from the
assurances and rights provided to OWNER under this Agreement and reserved to CITY under
Section 3.3 of this Agreement.
1.2 Exhibits. The following documents are attached to,and by this reference made a part
of, this Agreement:
Exhibit"A"—Legal Description of the Property.
Exhibit`B"—Map showing Property and its location.
Exhibit"C"—Development Plan(The Farm Specific Plan).
Exhibit"D"—Recreation Easement Areas
Exhibit"E"—Form of Open Space Easement Agreement for Recreation Easement Areas
Exhibit"F"—Schedule of Development Fees
2. GENERAL PROVISIONS.
2.1 Binding` Effect of Agreement. The Property is hereby made subject to this
Agreement. The right to the Development of the Property as provided in this Agreement is hereby
vested,as described in Section 3 of this Agreement, and shall be carried out in accordance with the
terms of the Development Plan, Development Approvals, Land Use Regulations, and this
Agreement.
2.2 Ownership of Property. OWNER represents and covenants that it is the owner of the
fee simple title to, or has an equitable interest in, the Property.
2.3 City Council Findings. The City Council finds that:
2.3.1 This Agreement is consistent with the City's General Plan and the Farm
Specific Plan.
2.3.2 This Agreement ensures a desirable and functional community
environment, provides effective and efficient development of public facilities, infrastructure, and
services appropriate for the development of the Project, enhances effective utilization of
resources within the CITY.
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2.3.3 This Agreement provides public benefits beyond those which are
necessary to mitigate the development of the Project.
2.3.4 This Agreement strengthens the public planning process, encourages
private participation in comprehensive planning and reduces costs of development and
government.
2.3.5 The best interests of the citizens of the CITY and the public health, safety,
and welfare will be served by entering into this Agreement.
2.4 Term. The term of this Agreement shall commence on Effective Date , and shall
continue for a period of ten(10) years thereafter,subj ect to extension upon mutual agreement of the
parties. Thereafter, the OWNER shall have no vested right under this Agreement, regardless of
whether or not OWNER has paid any Development Impact Fee.
2.5 Assignment.
2.5.1 Right to Assign. OWNER shall have the right to sell,transfer or assign the
Property in whole or in part(provided that no such partial transfer shall violate the Subdivision Map
Act, Government Code Section 66410, et se .) to any person, partnership,joint venture, firm or
corporation at any time during the term of this Agreement; provided, however,that any such sale,
transfer or assignment shall include the assignment and assumption of the rights, duties and
obligations arising under or from this Agreement and be made in strict compliance with the
following conditions precedent:
(a) No sale, transfer or assignment of any right or interest under this
Agreement shall be made unless made together with the sale,transfer or assignment of all or apart of
the Property.
(b) Concurrent with any such sale,transfer or assignment,OWNER shall
notify CITY, in writing, of such sale, transfer or assignment and shall provide CITY with an
executed agreement("Assignment and Assumption Agreement"),in a form reasonably acceptable to
CITY,by the purchaser,transferee or assignee and providing therein that the purchaser,transferee or
assignee expressly and unconditionally assumes all the duties, obligations, agreements,covenants,
waivers of OWNER under this Agreement, including,without limitation,the covenants not to sue
and waivers contained in Sections 7.2 and 8.4 hereof.
Any sale,transfer or assignment not made in strict compliance with the foregoing conditions
shall constitute a default by OWNER under this Agreement. Notwithstanding the failure of any
purchaser, transferee or assignee to execute the agreement required by Paragraph (b) of this
Subsection 2.5.1,the burdens of this Agreement shall be binding upon such purchaser,transferee or
assignee,but the benefits of this Agreement shall not inure to such purchaser,transferee or assignee
until and unless such agreement is executed.
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2.5.2 Release of 'Transferring Owner. Notwithstanding any sale, transfer or
assignment,a transferring OWNER shall continue to be obligated under this Agreement with respect
to the transferred Property or any transferred portion thereof, unless such transferring OWNER is
given a release in writing by CITY, which release shall be provided by CITY upon the full
satisfaction by such transferring OWNER of the following conditions:
(a) OWNER no longer has a legal or equitable interest in all or any part of
the Property subject to the transfer.
(b) OWNER is not then in default under this Agreement.
(c) OWNER has provided CITY with the notice and executed agreement
required under Paragraph(b) of Subsection 2.5.1 above.
(d) The purchaser, transferee or assignee provides CITY with security
equivalent to any security previously provided by OWNER to secure performance of its obligations
hereunder.
2.5.3 Subsequent Assignment. Any subsequent sale,transfer or assignment after an
initial sale,transfer or assignment shall be made only in accordance with and subject to the terms and
conditions of this Section.
2.5.4 Utilities. At OWNER's full expense, the Project shall be connected to all
utilities necessary to provide adequate water, sewer, gas, electric, and other utility service to the
Project,prior to the issuance of a certificate of occupancy for any portion of the Project.
2.5.5 Sale to Public and Completion of Construction.The provisions of Subsection
2.5.1 shall not apply to the sale or lease(for a period longer than one year) of any lot that has been
finally subdivided and is individually(and not in"bulk")sold or leased to a member of the public or
other ultimate user. This Agreement shall terminate with respect to any lot and such lot shall be
released and no longer be subject to this Agreement without the execution or recordation of any
further document upon satisfaction of both of the following conditions:
(a) The lot has been finally subdivided and individually (and not in
"bulk")sold or leased(for a period longer than one year)to a member of the public or other ultimate
user; and
(b) A certificate of occupancy has been issued for a building on the lot,
and the fees for such lot set forth in this Agreement have been paid.
2.6 Amendment or Cancellation of Agreement. This Agreement may be amended or
canceled in whole or in part only by written consent of all parties in the manner provided for in
Government Code Section 65868. This provision shall not limit any remedy of CITY or OWNER as
provided by this Agreement.
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2.7 Termination. This Agreement shall be deemed terminated and of no further effect
upon the occurrence of any of the following events:
(a) Expiration of the stated term of this Agreement as set forth in Section 2.4.
(b) Entry of a final judgment setting aside, voiding or annulling the adoption of
the ordinance approving this Agreement.
(c) The adoption of a referendum measure overriding or repealing the ordinance
approving this Agreement.
(d) Completion of the Project in accordance with the terms of this Agreement
including issuance of all required occupancy permits and acceptance by CITY or applicable public
agency of all required dedications.
Termination of this Agreement shall not constitute termination of any other land use
entitlements approved for the Property. Upon the termination of this Agreement,no party shall have
any further right or obligation hereunder except with respect to any obligation to have been
performed prior to such termination or with respect to any default in the performance of the
provisions of this Agreement that has occurred prior to such termination or with respect to any
obligations that are specifically set forth as surviving this Agreement. Upon such termination,any
Development Impact Fees paid by OWNER to CITY for residential units on which construction has
not yet begun shall be refunded to OWNER by CITY.
2.8 Notices.
(a) As used in this Agreement, "notice" includes, but is not limited to, the
communication of notice,request,demand,approval,statement,report,acceptance,consent,waiver,
appointment or other communication required or permitted hereunder.
(b) All notices shall be in writing and shall be considered given either: (i)when
delivered in person to the recipient named below;or(ii)on the date of delivery shown on the return
receipt, after deposit in the United States mail in a sealed envelope as either registered or certified
mail with return receipt requested, and postage and postal charges prepaid, and addressed to the
recipient named below;or(iii)on the date of delivery shown in the records of the telegraph company
after transmission by telegraph to the recipient named below. All notices shall be addressed as
follows:
If to CITY:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
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Attention: City Manager
Copy to:
Richards, Watson&Gershon
355 S. Grand Ave, 40th Floor
Los Angeles, California 90071-3101
Attention: Kevin Ennis
If to OWNER:
Virginia Germann, Successor Trustee
C. and I. Vermeulen Revocable Trust
772 Town and Country Road
Orange, CA 92868
Attn: Virginia Germann
Vermeulen Ranch Center, LLC
P.O. Box 160
San Juan Capistrano, CA 92693
Attn: Troy Bourne
Telephone: (949) 533-4312
Email: TBourne@Continuinglife.com
Copy to:
Manatt, Phelps and Phillips
695 Town Center, 14th Floor
Costa Mesa, CA 92626
Attention: Roger A. Grable
(c) Either party may,by notice given at any time,require subsequent notices to be
given to another person or entity, whether a party or an officer or representative of a party, or to a
different address, or both. Notices given before actual receipt of notice of change shall not be
invalidated by the change.
3. DEVELOPMENT" OF THE PROPERTY.
3.1 Rights to Develop. Subject to the terms of this Agreement including the Reservation
of Rights,OWNER shall have a vested right to develop the Property in accordance with, and to the
extent of,this Agreement. Except as expressly provided otherwise herein,the Project shall remain
subject to all Land Use Regulations and Development Approvals,whether in effect on the Effective
Date or subsequently adopted or amended,that are required to complete the Project as contemplated
by the Development Plan. Except as otherwise provided in this Agreement,and notwithstanding the
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authority of the CITY to further revise the Land Use Regulations pursuant to Government Code
section 65866, the permitted uses of the Property, the density and intensity of use, the maximum
height and size of proposed buildings, and provisions for reservation and dedication of land for
public purposes shall be those set forth in the Land Use Regulations and Development Approvals,
whether in effect on the Effective Date or subsequently adopted or amended but in no event shall the
OWNER or future developer be entitled to build more than 180 dwelling units on the site. OWNER
shall comply with all mitigation measures required to be undertaken pursuant to any document
prepared in compliance with the California Environmental Quality Act with respect to the Project.
3.2 Effect of Agreement on Land Use Regulations. Except as otherwise provided under
the terms of this Agreement including the Reservation of Rights,the rules, regulations and official
policies governing permitted uses of the Property,the density and intensity of use of the Property,the
maximum height and size of proposed buildings, and the design, improvement and construction
standards and specifications applicable to development of the Property shall be the Land Use
Regulations and Development Approvals, whether in effect on the Effective Date or subsequently
adopted. In connection with any subsequently imposed Development Approvals and except as
specifically provided otherwise herein,CITY may exercise its discretion in accordance with the Land
Use Regulations then in effect, as provided by this Agreement, including, but not limited to, the
Reservation of Rights. CITY shall accept for processing, review, and action, all applications for
subsequent development approvals,and such applications shall be processed in the same manner and
the CITY shall exercise its discretion, when required or authorized to do so, to the same extent it
would otherwise be entitled in the absence of this Agreement.
3.3 Reservation of Rights.
3.3.1 Limitations, Reservations and Exceptions. Notwithstanding any other
provision of this Agreement, the following regulations shall apply to the development of the
Property:
(a) Processing fees and charges of every kind and nature imposed by
CITY to cover the estimated actual costs to CITY of processing applications for Development
Approvals or for monitoring compliance with any Development Approvals granted or issued.
(b) Procedural regulations relating to hearing bodies, petitions,
applications, notices, findings,records, hearings,reports,recommendations, appeals and any other
matter of procedure.
(c) Regulations,policies and rules governing engineering and construction
standards and specifications applicable to public and private improvements, including, without
limitation,all uniform codes adopted by the CITY and any local amendments to those codes adopted
by the CITY,including,without limitation,the CITY's Building Code,Plumbing Code,Mechanical
Code, Electrical Code, and Grading Ordinance.
(d) Regulations imposing Development Exactions; provided, however,
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that no such subsequently adopted Development Exaction shall be applicable to development of the
Property unless such Development Exaction is applied uniformly to development,either throughout
the CITY or within a defined area of benefit which includes the Property. No such subsequently
adopted Development Exaction shall apply if its application to the Property would physically prevent
development of the Property for the uses and to the density or intensity of development set forth in
the Development Plan.
(e) Regulations that may be in material conflict with this Agreement but
that are reasonably necessary to protect the residents of the project or the immediate community from
a condition perilous to their health or safety. To the extent possible, any such regulations shall be
applied and construed so as to provide OWNER with the rights and assurances provided under this
Agreement.
(f) Regulations that are not in material conflict with this Agreement or the
Development Plan. Any regulation,whether adopted by initiative or otherwise, limiting the rate or
timing of development of the Property shall be deemed to materially conflict with the Development
Plan and shall therefore not be applicable to the development of the Property.
(g) Regulations that are in material conflict with the Development Plan;
provided OWNER has given written consent to the application of such regulations to development of
that Property in which the OWNER has a legal or equitable interest.
(h) Regulations that impose, levy, alter or amend fees, charges, or Land
Use Regulations relating to consumers or end users, including, without limitation, trash can
placement, service charges and limitations on vehicle parking.
(i) Regulations of other public agencies,including Development Impact
Fees adopted or imposed by such other public agencies, although collected by CITY.
3.3.2 Subsequent Development Approvals. This Agreement shall not prevent
CITY,in acting on subsequent development approvals and to the same extent it would otherwise be
authorized to do so absent this Agreement, from applying subsequently adopted or amended Land
Use Regulations that do not materially conflict with this Agreement.
3.3.3 Modification or Suspension by State or Federal Law. In the event that State,
County or Federal laws or regulations,enacted after the Effective Date of this Agreement,prevent or
preclude compliance with one or more of the provisions of this Agreement, such provisions of this
Agreement shall be modified or suspended as may be necessary to comply with such State or Federal
laws or regulations; provided,however,that this Agreement shall remain in full force and effect to
the extent it is not inconsistent with such laws or regulations and to the extent such laws or
regulations do not render such remaining provisions impractical to enforce.
3.3.4 Intent. The parties acknowledge and agree that CITY is restricted in its
authority to limit certain aspects of its police power by contract and that the foregoing limitations,
reservations and exceptions are intended to reserve to CITY all of its police power that cannot be or
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are not expressly so limited. This Agreement shall be construed, contrary to its stated terms if
necessary, to reserve to CITY all such power and authority that cannot be or is not by this
Agreement's express terms so restricted.
3.4 Regulation by Other Public Agencies. It is acknowledged by the parties that other
public agencies not within the control of CITY may possess authority to regulate aspects of the
development of the Property separately from or jointly with CITY and this Agreement does not limit
the authority of such other public agencies.
3.5 Timing of Development. Because the California Supreme Court held in Pardee
Construction Co. v. City of Camarillo, 37 Cal. 3d 465 (1984), that the failure of the parties in
that case to provide for the timing of development resulted in a later-adopted initiative restricting
the timing of development to prevail over the parties' agreement, it is the specific intent of the
Parties to provide for the timing of the Project in this Agreement. To do so,the Parties
acknowledge and provide that OWNER shall have the right, but not the obligation, to complete
the Project in such order, at such rate, at such times, and in as many development phases and sub-
phases as OWNER deems appropriate in its sole subjective business judgment.
3.6 Conditions, Covenants and Restrictions. OWNER shall have the ability to reserve
and record such covenants, conditions, and restrictions (CC&Rs) against the Property as
OWNER deems appropriate, in its sole and absolute discretion. Such CC&Rs may not conflict
with this Agreement, the General Plan, or The Farm Specific Plan. Before recording any
CC&Rs, OWNER shall provide a copy of the CC&Rs to the CITY for review and approval by
the City Attorney. The City Attorney's review shall be limited to determining if the CC&Rs
substantially comply with this Agreement. Within thirty (30) days after receiving a copy of the
proposed CC&Rs from OWNER, the City Attorney shall provide OWNER with either(i) a
statement that the CC&Rs comply with this Agreement("CC&R Approval") or (ii)written
comments identifying each aspect of the CC&Rs which the City Attorney believes not to be ill
compliance with this Agreement (a"Statement of Non-Compliance"). If the City Attorney fails
to provide OWNER with either CC&R Approval or a Statement of Non-Compliance within
thirty (30) days following a written request by OWNER, CITY shall be deemed to have approved
the CC&Rs and OWNER may record the CC&Rs against the Property. If the City Attorney
provides a Statement of Non-Compliance, OWNER shall have thirty (30) days in which to
respond to the Statement of Non-Compliance. Upon submittal of OWNER's response,the
procedure described above for the initial submittal and City Attorney review of proposed CC&Rs
shall again be followed. This procedure shall be followed until OWNER either (1) receives
CC&R Approval, (2) submits the compliance issues to binding arbitration pursuant to the rules of
the American Arbitration Association, (3) files an action for declaratory relief in Orange County
Superior Court seeking a judicial determination of the compliance of the proposed CC&Rs, or
(4) agreement is otherwise reached between the Parties allowing for the recording of the CC&Rs.
The CC&Rs may run with the land and bind OWNER's successors and assigns. Except as
provided above, any dispute between the Parties regarding the CITY's approval or rejection of
the CC&Rs shall be subject to immediate and binding arbitration pursuant to the rules of the
American Arbitration Association.
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4. PUBLIC BENEFITS.
4.1 Intent. The parties acknowledge and agree that development of the Property will
result in substantial public needs that will not be fully met by the Development Plan and further
acknowledge and agree that this Agreement confers substantial private benefits on OWNER that
should be balanced by commensurate public benefits. Accordingly, the parties intend to provide
consideration to the public to balance the private benefits conferred on OWNER by providing more
fully for the satisfaction of the public needs resulting from the Project.
4.2 Public Benefits. In addition to complying with the Project conditions of approval
which are designed, among other things, to mitigate the significant environmental impacts of the
Project, OWNER has committed by this Agreement to contribute to the acquisition, construction
and maintenance of certain "Public Benefits." The Public Benefits consist of:
4.2.1 The construction and maintenance of a 0.5-acre community park("Harvest
Park") located within the proposed residential community subject to design and amenity approval
by the CITY, that will be privately owned and maintained but accessible to the general public
and including the following minimum improvements:
(i) Tot lot with wood chips
(ii) Drinking fountain with bottle filler and also suitable for dogs
(iii) Doggy bag dispenser
(iv) At least one, but preferably 2, picnic tables with shade structure
and concrete slab
(v) BBQ grill
(vi) Substantial number of shade trees
(vii) Turf
(viii) Trash and recycling bins.
4.2.2 The construction and maintenance of a shared use trail
(pedestrian/equestrian/bicycle), a minimum of 20 feet in width, connecting the public sidewalk
on the south side of Del Obispo Street to the sidewalk on the north side of Via Positiva. The
shared use trail will be privately owned and maintained but accessible to the general public and
will include the following minimum improvements:
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(i) A cross section consisting of a minimum eight foot (8') wide
landscaped parkway adjacent to the road curb, a three foot(3') to four foot(4') high split rail
fence, a 20' wide decomposed granite (DG) surface multi-use trail, and another matching three
foot(3')to four foot (4') high split rail fence.
4.2.3 In addition, if the CITY plans and, after completing any required CEQA
review, approves a shared use trail (pedestrian/equestrian/bicycle, or any combination thereof)
consistent with the CITY's trail standards connecting the public sidewalk on the north side of
Via Positiva to the CITY owned Joel Congdon House on or before the later of the date on which
the first building permit for residential construction is issued, but not including any permit issued
for a model home, or July 1, 2020, OWNER within six (6) months of the date on which the first
building permit for residential construction is issued, but not including any permit issued for a
model home, shall construct at OWNER's sole cost and expense that off-site trail in accordance
with the plans approved by the CITY, and which plans may include the following improvements:
(i) A three foot (3') to four foot (4')high split rail fence, a 20' wide
decomposed granite (DG) surface multi use trail, and another matching three foot (3')to four foot
(4') high split rail fence.
4.2.4 Public Open Space Easement. Prior to issuance of a Building Permit for
the Project, Developer shall execute one or more open space easements in favor of the CITY for
the 0.5-acre community .park("Harvest Park") and the on-site shared used trail
(pedestrian/equestrian/bicycle) (collectively,the"On-site Recreation Improvements") as shown
in Exhibit D attached hereto and incorporated herein by reference. The open space easement or
easements shall ensure that the On-site Recreation Improvements are maintained as public open
space for the life of the Project(which maintenance, once the Project's property owners
association (the "Association")becomes operational, shall be the responsibility of the
Association). The open space easement(s) shall be in form and substance satisfactory to the
CITY's legal counsel and substantially in the form set forth in Exhibit E.
4.2.5 City Facilities. Prior to the earlier of(i)the issuance of the first building
permit for development within the project, or(ii) December 31, 2019, OWNER shall make a
Two Million Dollar($2,000,000.00) cash contribution to the CITY that will be used toward the
acquisition, construction, and/or maintenance of City Facilities, as determined by the City
Council in its sole and absolute discretion.
4.3 Development Impact Fees; Increases. The Parties hereby agree that OWNER
shall be subject to the imposition of Development Impact Fees in effect on the date on which the
City Council adopted the ordinance approving this Agreement, and which are set forth in Exhibit
F attached hereto and incorporated by reference.
4.4 Dedication of On-Site Easements and Rights of Way. OWNER shall dedicate to
CITY all on-site rights of way and easements deemed necessary for public improvements,in CITY's
sole discretion, within 15 days of receipt of written demand from CITY.
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4.5 Timing of Construction of Off-Site Infrastructure. Approval of any building permits
on the Property shall be conditioned upon CITY's determination,in its sole discretion,that sufficient
progress is being made on construction of off-site infrastructure serving development of OWNER's
Property.
4.6 Accessory Dwelling Units. Developer agrees not to construct or seek permits to
construct an accessory dwelling unit on any residential lot within the Project area.
4.7 Subdivision Map Processing. Pursuant to the provisions of Government Code
Section 66452.6(a)(1)the term of any subdivision maps approved for the Project shall be extended to
a time coincident with the Term of this Agreement. Therefore,in light of the vested rights provided
in this Agreement,OWNER agrees to process all future subdivisions necessary or desired to develop
the Project as tract or parcel maps, and not as vesting subdivision maps.
5. FINANCING OF PUBLIC IMPROVEMENTS. OWNER may propose,and if requested by
CITY shall cooperate in, the formation of any special assessment district, community facilities
district or alternate financing mechanism to pay for the construction and/or maintenance and
operation of public infrastructure facilities required as part of the Development Plan. To the extent
any such district or other financing entity is formed and sells bonds in order to finance such
reimbursements,OWNER may be reimbursed to the extent that OWNER spends funds or dedicates
land for the establishment of public facilities.Notwithstanding the foregoing,it is acknowledged and
agreed by the parties that nothing contained in this Agreement shall be construed as requiring CITY
or the City Council to form any such district or to issue and sell bonds.
6. REVIEW FOR COMPLIANCE.
6.1 Periodic Review. The CITY shall review this Agreement annually,on or before the
anniversary of the Effective Date,in order to ascertain the compliance by OWNER with the terms of
the Agreement. OWNER shall submit an Annual Monitoring Report, in a form acceptable to the
City Manager, within thirty (30) days after written notice from the City Manager. The Annual
Monitoring Report shall be accompanied by an annual review and administration fee sufficient to
defray the estimated costs of review and administration of the Agreement during the succeeding year.
The amount of the annual review and administration fee shall be set annually by resolution of the
City Council.
6.2 Special Review. The City Council may order a special review of compliance with
this Agreement at any time. The City Manager, or his or her designee, shall conduct such special
reviews.
6.3 Procedure.
(a) During either a periodic review or a special review,OWNER shall be required
to demonstrate good faith compliance with the terms of the Agreement. The burden of proof on this
issue shall be on OWNER.
(b) Upon completion of a periodic review or a special review,the City Manager,
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or his or her designee, shall prepare a report setting forth the evidence concerning good faith
compliance by OWNER with the terms of this Agreement and his or her recommended finding on
that issue.
(d) If the City Manager finds and determines on the basis of substantial evidence
that OWNER has not complied in good faith with the terms and conditions of this Agreement,the
City Manager may recommend to the City Council modification or termination of this Agreement.
Notice of default as provided under Section 7.3 of this Agreement shall be given to OWNER prior to
or concurrent with proceedings under Section 6.4 and Section 6.5.
6.4 Proceedings Upon Modification or Termination.If,upon a finding under Section 6.3,
CITY determines to proceed with modification or termination of this Agreement, CITY shall give
written notice to OWNER of its intention so to do. The notice shall be given at least ten (14)
calendar days prior to the scheduled hearing and shall contain:
(a) The time and place of the hearing;
(b) A statement as to whether or not CITY proposes to terminate or to modify the
Agreement; and,
(c) Such other information that the CITY considers necessary to inform OWNER
of the nature of the proceeding.
6.5 Hearing on Modification or Termination.At the time and place set for the hearing on
modification or termination, OWNER shall be given an opportunity to be heard. OWNER shall be
required to demonstrate good faith compliance with the terms and conditions of this Agreement. The
burden of proof on this issue shall be on OWNER. If the City Council finds,based upon substantial
evidence, that OWNER has not complied in good faith with the terms or conditions of the
Agreement, the City Council may terminate this Agreement or modify this Agreement, if such
modifications are approved by OWNER,and impose such conditions as are reasonably necessary to
protect the interests of the CITY. The decision of the City Council shall be final.
6.6 Certificate of Agreement Compliance. If, at the conclusion of a Periodic or Special
Review, OWNER is found to be in compliance with this Agreement, CITY shall, upon request by
OWNER,issue a Certificate of Agreement Compliance("Certificate")to OWNER stating that after
the most recent Periodic or Special Review and based upon the information known or made known
to the City Manager, City Council, or both that: (1) this Agreement remains in effect; and (2)
OWNER is not in default. The Certificate shall be in recordable form, shall contain information
necessary to communicate constructive record notice of the finding of compliance, shall state
whether the Certificate is issued after a Periodic or Special Review and shall state the anticipated
date of commencement of the next Periodic Review. OWNER may record the Certificate with the
County Recorder.
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Whether or not the Certificate is relied upon by assignees or other transferees or OWNER,
CITY shall not be bound by a Certificate if a default existed at the time of the Periodic or Special
Review, but was concealed from or otherwise not known to the City Manager or City Council.
7. DEFAULT AND REMEDIES.
7.1 Remedies in General. It is acknowledged by the parties that CITY would not have
entered into this Agreement if it were to be liable in damages under this Agreement,or with respect
to this Agreement or the application thereof. In general,each of the parties hereto may pursue any
remedy at law or equity available for the breach of any provision of this Agreement, except that
CITY shall not be liable in damages to OWNER, or to any successor in interest of OWNER, or to
any other person with respect to this Agreement,and OWNER covenants not to sue for damages or
claim any damages:
(a) For any breach of this Agreement or for any cause of action that arises out of
this Agreement; or
(b) For the taking, impairment or restriction of any right or interest conveyed or
provided under or pursuant to this Agreement; or
(c) Arising out of or connected with any dispute, controversy or issue regarding
the application or interpretation or effect of the provisions of this Agreement.
7.2 Release. Except for non-monetary remedies, OWNER,for itself,its successors and
assignees, hereby releases CITY, its officers, agents and employees from any and all claims,
demands, actions, or suits of any kind or nature arising out of any liability, known or unknown,
present or future, including, but not limited to, any claim or liability,based or asserted,pursuant to
Article 1, Section 19 of the California Constitution, the Fifth and Fourteenth Amendments to the
United States Constitution,or any other law or ordinance which seeks to impose any other liability or
damage, whatsoever, upon CITY because it entered into this Agreement or because of the terms of
this Agreement. OWNER hereby acknowledges that it has read and is familiar with the provisions of
California Civil Code Section 1542, which is set forth below:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO
EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING
THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST
HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT
WITH THE DEBTOR."
By initialing below, OWNER hereby waives the provisions of Section 1542 in
connection with the matters that are the subject of the foregoing waivers and releases.
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OWNER's Initials
7.3 Termination or Modification of Agreement for Default of OWNER. CITY may
terminate or, with OWNER's approval, modify this Agreement for any failure of OWNER to
perform any material duty or obligation of OWNER under this Agreement, or to comply in good
faith with the terms of this Agreement (hereinafter referred to as "default"); provided, however,
CITY may terminate or modify this Agreement pursuant to this Section only after providing written
notice to OWNER of default setting forth the nature of the default and the actions,if any,required by
OWNER to cure such default and,where the default can be cured, OWNER has failed to take such
actions and cure such default within sixty(60) days after the effective date of such notice or, in the
event that such default cannot be cured within such sixty(60)day period but can be cured within a
longer time,has failed to commence the actions necessary to cure such default within such sixty(60)
day period and to diligently proceed to complete such actions and cure such default.
7.4 Termination of Agreement for Default of CITY. OWNER may terminate this
Agreement only in the event of a default by CITY in the performance of a material term of this
Agreement and only after providing written notice to CITY of default setting forth the nature of the
default and the actions, if any,required by CITY to cure such default and,where the default can be
cured, CITY has failed to take such actions and cure such default within sixty (60) days after the
effective date of such notice or,in the event that such default cannot be cured within such sixty(60)
day period but can be cured within a longer time, has failed to commence the actions necessary to
cure such default within such sixty(60)day period and to diligently proceed to complete such actions
and cure such default.
8. LITIGATION.
8.1 Third Party Litigation Concerning Agreement. OWNER shall defend,at its expense,
including attorneys' fees, indemnify, and hold harmless CITY, its agents, officers and employees
from any claim, action or proceeding against CITY, its agents, officers, or employees to attack, set
aside,void,or annul the approval of this Agreement,or the approval of any permit granted pursuant
to this Agreement. CITY shall promptly notify OWNER of any claim, action, proceeding or
determination included within this Section 8.1, and CITY shall cooperate in the defense. If CITY
fails to promptly notify OWNER of any such claim,action,proceeding or determination,or if CITY
fails to cooperate in the defense,OWNER shall not thereafter be responsible to defend,indemnify,or
hold harmless CITY. CITY may in its discretion participate in the defense of any such claim,action,
proceeding or determination.
8.2 Environmental Assurances. OWNER shall indemnify and hold CITY, its officers,
agents, and employees free and harmless from any liability, based or asserted, upon any act or
omission of OWNER, its officers, agents, employees, subcontractors, predecessors in interest,
successors, assigns and independent contractors for any violation of any federal, state or local law,
ordinance or regulation relating to industrial hygiene or to environmental conditions on, under or
about the Property,including,but not limited to,soil and groundwater conditions,and OWNER shall
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defend, at its expense, including attorneys' fees, CITY, its officers, agents and employees in any
action based or asserted upon any such alleged act or omission. CITY may in its discretion
participate in the defense of any such action.
8.3 Reservation of Rights. With respect to Section 8.1 and Section 8.2 herein, CITY
reserves,the right to either (1) approve the attorney(s)that the indemnifying party selects, hires or
otherwise engages to defend the indemnified party hereunder, which approval shall not be
unreasonably withheld, or (2) conduct its own defense; provided, however, that the indemnifying
party shall reimburse the indemnified party forthwith for any and all reasonable expenses incurred
for such defense, including attorneys' fees, upon billing and accounting therefor.
8.4 Challenge to Existing Land Use Approvals. By accepting the benefits of this
Agreement, OWNER, on behalf of itself and its successors in interest,hereby expressly agrees and
covenants not to sue or otherwise challenge any land use approval affecting the Property and in effect
as of the Effective Date. Such agreement and covenant includes, without limitation, the covenant
against any direct suit by OWNER or its successor in interest,or any participation,encouragement or
involvement whatsoever that is adverse to CITY by OWNER or its successor in interest,other than
as part of required response to lawful orders of a court or other body of competent jurisdiction.
OWNER hereby expressly waives, on behalf of itself and its successors in interest, any claim or
challenge to any land use approval affecting the Property and in effect as of the Effective Date. In
the event of any breach of the covenant or waiver contained herein, CITY shall, in addition to any
other remedies provided for at law or in equity, be entitled to:
(a) impose and recover (at any time, including after sale to a member of the public or
other ultimate user) from the party breaching such covenant or waiver, the full
amount of Development Impact Fees that the breaching party would have been
required to pay in the absence of this Development Agreement; and
(b) impose any subsequently adopted land use regulation on those land use approvals for
which the breaching party had not,as of the time of such breach,obtained a building
permit.
OWNER hereby acknowledges that it has read and is familiar with the provisions of
California Civil Code Section 1542, which is set forth below:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO
EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING
THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST
HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT
WITH THE DEBTOR."
By initialing below, OWNER hereby waives the provisions of Section 1542 in
connection with the matters that are the subject of the foregoing waivers and releases.
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OWNER's Initials
8.5 Survival. The provisions of Sections 8.1 through 8.4, inclusive, shall survive the
termination of this Agreement.
9. MORTGAGEE PROTECTION.
The parties hereto agree that this Agreement shall not prevent or limit OWNER, in any
manner, at OWNER's sole discretion,from encumbering the Property or any portion thereof or any
improvement thereon by any mortgage,deed of trust or other security device securing financing with
respect to the Property. CITY acknowledges that the lenders providing such financing may require
certain Agreement interpretations and modifications and agrees upon request,from time to time,to
meet with OWNER and representatives of such lenders to negotiate in good faith any such request
for interpretation or modification. CITY will not unreasonably withhold its consent to any such
requested interpretation or modification provided such interpretation or modification is consistent
with the intent and purposes of this Agreement. Any Mortgagee of the Property shall be entitled to
the following rights and privileges:
(a) Neither entering into this Agreement nor a breach of this Agreement shall
defeat, render invalid, diminish or impair the lien of any mortgage on the Property made in good
faith and for value, unless otherwise required by law.
(b) The Mortgagee of any mortgage or deed of trust encumbering the Property,or
any part thereof, which Mortgagee, has submitted a request in writing to the CITY in the manner
specified herein for giving notices, shall be entitled to receive written notification from CITY of any
default by OWNER in the performance of OWNER's obligations under this Agreement.
(c) If CITY timely receives a request from a mortgagee requesting a copy of any
notice of default given to OWNER under the terms of this Agreement,CITY shall provide a copy of
that notice to the Mortgagee within ten(10)days of sending the notice of default to OWNER. The
Mortgagee shall have the right,but not the obligation,to cure the default during the remaining cure
period allowed such party under this Agreement.
(d) Any Mortgagee who comes into possession of the Property, or any part
thereof,pursuant to foreclosure of the mortgage or deed of trust,or deed in lieu of such foreclosure,
shall take the Property,or part thereof,subject to the terms of this Agreement. Notwithstanding any
other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty
under this Agreement to perform any of OWNER's obligations or other affirmative covenants of
OWNER hereunder,or to guarantee such performance;provided,however,that to the extent that any
covenant to be performed by OWNER is a condition precedent to the performance of covenant by
CITY, the performance thereof shall continue to be a condition precedent to CITY's performance
hereunder,and further provided that any sale,transfer or assignment by any Mortgagee in possession
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shall be subject to the provisions of Section 2.5 of this Agreement.
10. MISCELLANEOUS PROVISIONS.
10.1 Recordation of Agreement. This Agreement and any amendment or cancellation
thereof shall be recorded with the Orange County Recorder by the Clerk of the City Council within
ten(10)days after the Effective Date,in accordance with Section 65868.5 of the Government Code.
If the parties to this Agreement or their successors in interest amend or cancel this Agreement,or if
the CITY terminates or modifies this Agreement as provided herein for failure of the OWNER to
comply in good faith with the terms and conditions of this Agreement, the City Clerk shall have
notice of such action recorded with the Orange County Recorder.
10.2 Entire Agreement. This Agreement sets forth and contains the entire understanding
and agreement of the parties, and there are no oral or written representations, understandings or
ancillary covenants, undertakings or agreements that are not contained or expressly referred to
herein. No testimony or evidence of any such representations,understandings or covenants shall be
admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions
of this Agreement.
10.3 Severability.If any term,provision,covenant or condition of this Agreement shall be
determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected
thereby to the extent such remaining provisions are not rendered impractical to perform taking into
consideration the purposes of this Agreement. Notwithstanding the foregoing,the provision of the
Public Benefits set forth in Section 4 of this Agreement,including the payment of the Development
Impact Fees set forth therein, are essential elements of this Agreement and CITY would not have
entered into this Agreement but for such provisions, and therefore in the event such provisions are
determined to be invalid,void or unenforceable,this entire Agreement shall be null and void and of
no force and effect whatsoever.
10.4 Interpretation and Governing L.aw. This Agreement and any dispute arising hereunder
shall be governed and interpreted in accordance with the laws of the State of California. This
Agreement shall be construed as a whole according to its fair language and common meaning to
achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect
that ambiguities are to be resolved against the drafting party shall not be employed in interpreting
this Agreement, all parties having been represented by counsel in the negotiation and preparation
hereof.
10.5 Section Headings. All section headings and subheadings are inserted for convenience
only and shall not affect any construction or interpretation of this Agreement.
10.6 Singular and Plural. As used herein, the singular of any word includes the plural.
10.7 Joint and Several Obligations. If at any time during the Term of this Agreement the
Property is owned,in whole or in part,by more than one OWNER,all obligations of such OWNERS
under this Agreement shall be joint and several, and the default of any such OWNER shall be the
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default of all such OWNERS. Notwithstanding the foregoing, no OWNER of a single lot that has
been finally subdivided and sold to such OWNER as a member of the general public or otherwise as
an ultimate user shall have any obligation under this Agreement except as expressly provided for
herein.
10.8 Time of Essence. Time is of the essence in the performance of the provisions of this
Agreement as to which time is an element.
10.9 Waiver. Failure by a party to insist upon the strict performance of any of the
provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon
the default of the other party, shall not constitute a waiver of such party's right to insist and demand
strict compliance by the other party with the terms of this Agreement thereafter.
10.10 No Third Party Beneficiaries. This Agreement is made and entered into for the sole
protection and benefit of the parties and their successors and assigns. No other person shall have any
right of action based upon any provision of this Agreement.
10.11 Force Majcure. Neither party shall be deemed to be in default where failure or delay
in performance of any of its obligations under this Agreement is caused by floods,earthquakes,other
Acts of God, fires, wars, riots or similar hostilities, strikes and other labor difficulties beyond the
party's control,(including the party's employment force),government regulations,court actions(such
as restraining orders or injunctions), or other causes beyond the party's control. If any such events
shall occur, the Term of this Agreement and the time for performance by either party of any of its
obligations hereunder may be extended by the written agreement of the parties for the period of time
that such events prevented such performance,provided that the Term of this Agreement shall not be
extended under any circumstances for more than five (5) years.
10.12 Mutual Covenants. The covenants contained herein are mutual covenants and also
constitute conditions to the concurrent or subsequent performance by the party benefited thereby of
the covenants to be performed hereunder by such benefited party.
10.13 Successors in Interest. The burdens of this Agreement shall be binding upon,and the
benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement.
All provisions of this Agreement shall be enforceable as equitable servitudes and constitute
covenants running with the land. Each covenant to do or reffain from doing some act hereunder with
regard to development of the Property: (a)is for the benefit of and is a burden upon every portion of
the Property; (b)runs with the Property and each portion thereof;and(c)is binding upon each parry
and each successor in interest during ownership of the Property or any portion thereof.
10.14 Counterparts. This Agreement may be executed by the parties in counterparts,which
counterparts shall be construed together and have the same effect as if all of the parties had executed
the same instrument.
10.15 Jurisdiction and Venue. Any action at law or in equity arising under this Agreement
or brought by a party hereto for the purpose of enforcing, construing or determining the validity of
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any provision of this Agreement shall be filed and tried in the Superior Court of the County of
Orange, State of California, and the parties hereto waive all provisions of law providing for the
filing, removal or change of venue to any other court.
10.16 Project as a Private Undertaking. It is specifically understood and agreed by and
between the parties hereto that the development of the Project is a private development,that neither
party is acting as the agent of the other in any respect hereunder, and that each party is an
independent contracting entity with respect to the terms,covenants and conditions contained in this
Agreement. No partnership, joint venture or other association of any kind is formed by this
Agreement. The only relationship between CITY and OWNER is that of a government entity
regulating the development of private property and the owner of such property.
10.17 Further Actions and Instruments. Each of the parties shall cooperate with and provide
reasonable assistance to the other to the extent contemplated hereunder in the performance of all
obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon the
request of either party at any time, the other party shall promptly execute and file or record such
required instruments and writings and take any actions as may be reasonably necessary under the
terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to
evidence or consummate the transactions contemplated by this Agreement.
10.18 Eminent Domain. No provision of this Agreement shall be construed to limit or
restrict the exercise by CITY of its power of eminent domain.
10.19 Agent for Service of Process. In the event OWNER is not a resident of the State of
California or it is an association, partnership or joint venture without a member, partner or joint
venturer resident of the State of California, or it is a foreign corporation, then in any such event,
OWNER shall file with the City Manager,upon its execution of this Agreement, a designation of a
natural person residing in the Stale of California, giving his or her name, residence and business
addresses,as its agent for the purpose of service of process in any court action arising out of or based
upon this Agreement,and the delivery to such agent of a copy of any process in any such action shall
constitute valid service upon OWNER. If for any reason service of such process upon such agent is
not feasible, then in such event OWNER may be personally served with such process and such
service shall constitute valid service upon OWNER. OWNER is amenable to the process so served,
submits to the jurisdiction of the Court so obtained and waives any and all objections and protests
thereto.
10.20 Authority to Execute. The person or persons executing this Agreement on behalf of
OWNER warrants and represents that he or she/they have the authority to execute this Agreement on
behalf of his or her/their corporation,partnership or business entity and warrants and represents that
he or she/they has/have the authority to bind OWNER to the performance of its obligations
hereunder.
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IN WITNESS WHEREOF, the parties hereto have executed this Development
Agreement on the last day and year set forth below.
OWNER
VERMEULEN RANCH CENTER, LLC,
a California limited liability company
By:
Its:
[Printed Name and Title]
By:
Its:
[Printed Name and Title]
VIRGINIA GERMANN, SUCCESSOR
TRUSTEE OF THE C. AND I.
VERMEULEN REVOCABLE
TRUST DATED MAY 14, 1990
CITY
CITY OF SAN JUAN CAPISTRANO, a
California municipal corporation
By:
Mayor
Dated:
ATTEST:
By:
City Clerk
APPROVED AS TO LEGAL FORM:
RICHARDS, WATSON & GERSHON
Special Counsel
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EXHIBIT "A"
(Legal Description of the Property)
Exhibit A
10306-0005\2182642v4.doe
Order No.: 12400360-K26
LEGAL DESCRIPTION
PARCEL 1: (A PORTION OF APN: 121-182-53)
THAT PORTION OF LOT 64 OF TRACT NO. 103, IN THE COUNTY OF ORANGE, STATE OF
CALIFORNIA,AS PER MAP RECORDED IN BOOK 11, PAGES 29 TH OUGH 33, INCLUSIVE,OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 64;
THENCE SOUTH 54 DEGREES 48 MINUTES 30 SECONDS EAST, 745.39 FEET ALONG THE
NORTHEASTERLY LINE OF SAID LOT;
THENCE SOUTH 36 DEGREES 07 MINUTES 30 SECONDS WEST,474.77 FEET;
THENCE NORTH 53 DEGREES 52 MINUTES 30 SECONDS WEST, 906.58 FEET TO THE
NORTHWESTERLY LINE OF SAID LOT;
THENCE NORTHEASTERLY ALONG THE NORTHWESTERLY LINES OF SAID LOT TO THE
POINT OF BEGINNING.
PARCEL 2: (A PORTION OF APN: 121-182-53)
LOTS 63 AND 64 OF TRACT NO. 103, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA,
AS PER MAP RECORDED IN BOOK 11, PAGES 29 THROUGH 33, INCLUSIVE, OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT THAT PORTION THEREOF LYING NORTHEASTERLY AND EASTERLY OF THE
FOLLOWING DESCRIBED LINE:
BEGINNING AT THE MOST WESTERLY CORNER OF THE LAND DESCRIBED IN DEED TO
CALVIN C. FLINT AND WIFE, RECORDED DECEMBER 30, 1948 IN BOOK 1781. PAGE 69,
OFFICIAL RECORDS;
THENCE SOUTH 53 DEGREES 52 MINUTES 30 SECONDS EAST 806.58 FEET TO THE
SOUTHERLY CORNER OF SAID FLINT LAND;
THENCE CONTINUING SOUTH 53 DEGREES 52 MINUTES 30 SECONDS EAST,426.76 FEET;
THENCE SOUTH 9 DEGREES 02 MINUTES 20 SECONDS EAST, 260.20 FEET TO A POINT ON
THE SOUTH LINE OF SAID LOT 63 WHICH IS SOUTH 89 DEGREES 51 MINUTES 00 SECONDS
WEST,415.87 FEET FROM THE SOUTHEASTERLY CORNER OF SAID LOT 63.
TOGETHER WITH THAT PORTION OF DEL OBISPO STREET VACATED BY RESOLUTION NO.
81-9-5 OF THE CITY COUNCII, OF THE CITY OF SAN JUAN CAPISTRANO, RECORDED
SEPTEMBER 18, 1981 IN BOOK 14225 PAGE, 683,OF OFFICIAL RECORDS.
CLTA Preliminary Report Form-Modified(11-17-06)
Order No.: 12400360-K26
LEGAL DESCRIPTION
(continued)
PARCEL 3: W-IN: 121-182-17)
THAT PORTION OF LOTS 63 AND 64 OF TRACT NO. 103, IN TIIE CITY OF SAN JUAN
CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED 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 A POINT IN THE NORTHEASTERLY LINE OF SAID LOT 64, DISTANT SOUTH
54 DEGREES 48 MINUTES 30 SECONDS EAST, 745.39 FEET FROM THE MOST NORTHERLY
CORNER OF SAID LOT 64;
THENCE SOUTH 36 DEGREES 07 MINUTES 30 SECONDS WEST,474.77 FEET;
THENCE SOUTH 53 DEGREES 52 MINUTES 30 SECONDS EAST,426.76 FEET;
THENCE SOUTH 9 DEGREES 02 MINUTES 20 SECONDS EAST, 260.20 FEET TO A POINT IN
THE SOUTH LINE OF SAID LOT 63;
DISTANT SOUTH 89 DEGREES 51 MINUTES WEST, 415.87 FEET FROM THE
SOUTHEASTERLY CORNER OF SAID LOT 63;
THENCE NORTH 89 DEGREES 51 MINUTES EAST, 415.87 FEET TO SAID SOUTHEASTERLY
CORNER OF LOT 63;
THENCE NORTH 36 DEGREES 56 MINUTES 30 SECONDS EAST, 427.75 FEET ALONG THE
SOUTHEASTERLY LINE OF SAID LOT 63 TO THE MOST EASTERLY CORNER THEREOF;
THENCE NORTH 54 DEGREES 48 MINUTES 30 SECONDS WEST, 952.79 FEET ALONG THE
NORTHEASTERLY LINE OF SAID LOTS 63 AND 64 TO THE POINT OF BEGINNING.
SAID LAND IS SHOWN ON A LICENSED SURVEYOR'S MAP FILED IN BOOK 2, PAGE 37, OF
RECORDS OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE
COUNTY,CALIFORNIA.
END OF LEGAL DESCRIPTION
CLTA Preliminary Report Form-Modified(11-I7-06)
DRAFT (5/15/2018)
EXHIBIT "B"
(Map of the Property)
Exhibit B
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EXHIBIT "C"
Development Plan(The Farm Specific Plan)
Exhibit C
10306-0005\2182642v4.doc
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EXHIBIT "D"
(Exhibit of On-site Recreation Improvement Easement Areas (Park and Trails))
Exhibit D
10306-0005\2182642v4.doc
Exhibit D
Park and on-site trail areas
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Trees -minimum 24" box size:
Parkway:
Citrus species Citrus
Schinus molle California Pepper
Background Tree:
Citrus species Citrus
Eucalyptus maculata Spotted Gum
Harvest Park and Community Trail:
Harvest Park, centrally located adjacent to The Farm Road provides a safe and comfortable
public realm where people can enjoy their surroundings and a logical natural "green
infrastructure". The Park& Community Trail creates places to relax, foster community
interaction and provides opportunities for continuing environmental education. Harvest Park
creates an identity and sense of place as well as provide visual breaks within the built
neighborhoods. These less formal landscaped space will be open and large enough to
accommodate a variety of passive to informal active uses including a tot lot. Facilities in this
Park are not intended to provide active recreation to resident beyond The Farm Specific Plan
area. The Community Trail consist of widened open space corridor with landscaping and a Class
I multi-use trail that will provide a linkage throughout the community. In addition to the Trail
other informal recreation activities such as picnic tables and seating areas may occur.
Harvest Park Trees-minimum 24" box size:
Arbutus Marina' Strawberry Tree ,
Lagerstroenia indica Crape Myrtle
Olea europaea Olive
Pinus eldarica Afghan Pine
Pistacia chinensis Chinese Pistache .
Platanus a. Bloodgood' London Plane Tree
Platanus racemosa Western Sycamore
Quercus agrifo is C . Live Oak
Rhus lancea African Sumac
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EXHIBIT "E"
(Form of Easement For On-site Recreation Easement Areas)
Exhibit E
10306-0005\2182642v4.doc
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RECORDING REQUESTED BY,
AND WHEN RECORDED MAIL TO:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: City Clerk
APN(s):
SPACE ABOVE THIS LINE FOR RECORDER'S ITSE
Exempt from recording fees pursuant to Government Code § 27383.
Exempt from documentary transfer taxes pursuant to Revenue Taxation Code § 11922;
conveyance to a public entity.
OPEN SPACE EASEMENT AGREEMENT
This OPEN SPACE EASEMENT AGREEMENT (the "Agreement") is dated as of
, 2018 (the "Effective Date"), and is entered into by and between VERMEULEN
RANCH CENTER, LLC, a California limited liability company ("Grantor") and the CITY OF
SAN JUAN CAPISTRANO, a municipal corporation ("Grantee").
RECITALS
A. Grantor is the owner of the land described on Exhibit"A" and the improvements
thereon (collectively"Grantor Parcel").
B. Grantor and Grantee have entered into a Development Agreement dated
2018 (the "DA") in connection with a proposed development("Development") on the
Grantor Parcel.
C. The DA requires that Grantor enter into and record this Agreement with Grantee
prior to the issuance of any building permit for the proposed development.
NOW, THEREFORE, in consideration of the DA, the mutual promises contained herein
and for other valuable consideration, the sufficiency of which is hereby acknowledged,the
parties agree as follows:
1. Grant of Easement. Grantor hereby grants to Grantee a perpetual easement (the
"Easement") in and over the portion of the Grantor Parcel described on Exhibit "B" (the
"Easement Area").
2. Purpose of Easement. The purpose of the easement shall be for access to and use
by the public of the 0.5 -acre Community Park and a 20-foot wide shared use trail (pedestrian,
equestrian, and bicycle) from Del Obispo Street to Via Positiva. described on Exhibit"C" .
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3. Improvements. Grantor shall, at its sole cost and expense, complete the
improvements described on Exhibit "D"on or before , 201_ subject to delays
beyond its control ("Improvements") and shall keep the Grantor Parcel free and clear of liens
related to such work. Grantor shall defend, indemnify and hold Grantee and its officers,
employees, attorneys, and agents, harmless from and against all claims, liabilities, losses or
damages arising from such work.
4. Insurance. Grantor shall obtain and maintain the following insurance:
(a) Commercial General Liability (CGL) with limits no less than Two
Million Dollars ($2,000,000.00) per occurrence basis including products and completed
operations, property damage, bodily injury and personal & advertising injury with limits no less
than $2,000,000 per occurrence. Grantor shall maintain in force liability insurance, at all times
which shall insure and indemnify Grantee,the City Council and each member thereof, and every
officer and employee of Grantee against liability or financial loss resulting from any suits, claims
or actions brought by any person or persons and from all costs and expense of litigation brought
against Grantee, the City Council and every member thereof for any injury to persons and/or
damage to property in, on or about the Easement Area by reason of the use of the Easement Area
by the public.
(b) Grantee,the City Council and each member thereof, and every officer and
employee of Grantee shall be named as an additional insured on Grantor's liability policy. Said
policies shall be issued by an insurer rated in Best's Insurance Guide with a financial rating of
A+ VII or better. Said policy shall include waiver of subrogation rights and provide that the
insurance coverage shall not be cancelled or reduced by the insurance carrier without Grantee
having been given thirty(30)days' prior written notice thereof by such carrier. Grantor shall not
cancel or reduce said insurance coverage.
(c) Grantor shall promptly deliver to Grantee a certificate of insurance issued
by the insurance carrier and showing that the aforesaid insurance policy is in effect in the amounts
above provided, and if and when requested by Grantee, a copy of each insurance policy.
(d) If Grantor does not keep the insurance required hereunder in full force and
effect, Grantee may take out the necessary insurance and pay the premium thereon, and Grantor
shall reimburse Grantee for the cost thereof within ten (10) days after written demand.
5. Maintenance. Grantor shall keep the Easement Areas and Improvements in good
condition and repair. Once the Development's property owner's association (the "Association")
becomes operational,Grantor may transfer and assign the maintenance obligations,and insurance
obligations set forth in Section 4 above to the Association,provided title to the Easement Area is
also conveyed the Association. The maintenance obligations may not be otherwise transferred or
assigned to any other third-party without the prior written approval and consent of the City
Manager, in his/her sole and absolute discretion.
6. Property Taxes; Liens. Grantor shall pay, prior to delinquency, all property taxes,
special taxes and assessments assessed against the Easement Area, and shall keep the Easement
Area free of all liens except for liens securing financing for the Development, which Grantor
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hereby agrees to subordinate to this Agreement and the easements granted herein by reasonable
recordable subordination agreements executed by Grantor, Grantee and the applicable
lienholder(s), promptly delivered to Grantee (for recording).
7. Grantee's Remedies. If Grantee determines that Grantor is in violation of the
terms of this Agreement,Grantee shall give written notice to Grantor of such violation. If Grantor
fails to cure the violation within fifteen (15) days after said written notice is given, or said cure
reasonably requires more than fifteen (15) days to complete and Grantor fails to begin to cure
within the fifteen(15)day period or fails to continue diligently to complete the cure, Grantee may
bring an action at law or in equity in a court of competent jurisdiction to enforce compliance by
Grantor with the terms of this Agreement, to recover any damages to which Grantee may be
entitled for violation by Grantee of the terms of this Agreement or the Easement,or may cure the
violation, in which event Grantor shall reimburse Grantee for the costs incurred by Grantee in
connection with violation within ten (10) days after written demand with evidence of such costs.
Additionally, without notice or the expiration of any cure period, Grantee may enjoin the
violation, ex parte, by temporary or permanent injunction without the necessity of proving either
actual damages or the inadequacy of otherwise available legal remedies, or for other equitable
relief.
8. Miscellaneous.
(a) Notices. Any notice to be given under or in connection with this Agreement
shall be in writing and shall be deemed to have been given: (i)one (1) business day after being
deposited with Federal Express or another reliable overnight courier service for next day
delivery, or(ii)two (2) business days after being deposited in the United States mail, registered
or certified mail, postage prepaid, return receipt required, and addressed as follows:
To Developer: Vermeulen Ranch Center, LLC
3435 Wilshire Blvd., Suite 1195
Los Angeles, CA 90010
Attn:
To City: City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: City Clerk
(b) Assignment; Successors and Assigns. Grantor may not assign its rights or
obligations hereunder except(and then only upon prior written notice to Grantee, with the
acquiror's or lender's address for notices)to: (i)a person or entity acquiring all of the Easement
Area (including a property owners' association for the Development); or(ii) a lender taking a
security interest in the fee interest in the Easement Area.
(c) Runs With Land. The covenants and agreements contained herein and the
rights, privileges and easements herein granted shall run with, burden and shall be appurtenant
to the properties described herein.
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10306-0005\2174143v4.doc
DRAFT
(d) Governing Law. This Agreement shall be governed by and interpreted
under the laws of the State of California.
(e) Severability. If any provision of this Agreement shall for any reason be
held to be invalid, illegal or unenforceable by any court of competent jurisdiction,the validity
of the other provisions of this Agreement shall in no way be affected thereby.
(f) Counterparts. This Agreement may be executed in any number of identical
counterparts, each of which shall be deemed an original, but all of which shall constitute one
and the same instrument.
(g) Further Acts. Each of the parties shall execute such other and further
documents and do such further acts as may be reasonably required to effectuate the intent of the
parties and carry out the terms of this Agreement(including, without limitation, obtaining and
delivering to Grantee prior to the recordation of this Agreement originals of reasonable
recordable subordination agreements from the holders of any liens encumbering the Easement
Area that are or might be senior to this Agreement or the Easement as of the date of the
recordation of this Agreement).
(h) Attorneys' Fees. If any action shall be commenced to enforce the terms of
this Agreement or to declare the rights of the parties hereunder,the prevailing party shall be
entitled to recover all of its costs and expenses (including, but not limited to, its actual
attorneys' fees) from the nonprevailing party. In addition to the foregoing award of attorneys'
fees and other litigation costs to the prevailing party, the prevailing party in any lawsuit on this
Agreement shall be entitled to its attorneys' fees and other litigation costs incurred in any post-
judgment proceedings to collect or enforce the judgment. This provision is separate and several
and shall survive the merger of this Agreement into any judgment on this Agreement. This
provision shall survive the termination of this Agreement.
(i) Time of Essence. Time is of the essences of every provision hereof in
which time is a factor.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the date
first above written.
GRANTOR: GRANTOR:
VERMEULEN RANCH CENTER, LLC, CITY OF SAN JUAN CAPISTRANO
a California limited liability company
By:
By: Print Name:
Print Name: Title:
Title:
-4-
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4-10306-0005\2174143v4.doc
DRAFT
ATTEST:
(SEAL)
City Clerk
Approved as to Form:
City Attorney
-5-
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DRAFT
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 Orange County )
On before me,
(insert name and title of the officer)
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) 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)
-6-
10306-0005\2 l 74143 v4.doc
DRAFT
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 Orange County )
On , before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) 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)
-7-
10306-0005\2174143v4.doc
EXHIBIT "A"
LEGAL DESCRIPTION OF THE GRANTOR PARCEL
A-1
10306-0005\2174143v4,doc
EXHIBIT "B"
DESCRIPTION OF EASEMENT AREAS
B-1
10306-0005\2174143v4.doe
EXHIBIT "C"
DESCRIPTION OF COMMUNITY PARK AND TRAILS
(Attached.)
C-1
10306-0005\2174143v4.doe
EXHIBIT "D"
COMMUNITY PARK AN D TRAILS IMPROVEMENTS
(Attached.)
D-1
10306-000512174143v4.doc
CERTIFICATE OF ACCEPTANCE
(California Government Code Section 27281)
This is to certify that the interest in real property conveyed by that certain Open Space
Easement Agreement dated . 2018, from VERMEULEN RANCH
CENTER, LIC to the CITY OF SAN JUAN CAPISTRANO, a municipal corporation (the
"City"), which is a governmental agency, is hereby accepted by the undersigned officer on behalf
of the City pursuant to the authority conferred by resolution of the City, Resolution Number
, adopted on , and that the City consents to recordation thereof by its duly
authorized officer.
Dated: 2018
CITY OF SAN JUAN CAPISTRANO
, City Manager
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 Orange County )
On , before me, ,
(insert name and title of the officer)
Notary Public,personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument
the person(s), or the entity upon behalf of which the person(s) 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)
10306-0005\2174143v4.doc
DRAFT (5/15/2018)
EXHIBIT "F"
(Schedule of Development Fees)
320222042 1
Exhibit F
10306-0005\2182642v4.doc
Developer Impact Fees Summary
Exhibit F
a —M �
Descriptions Current Fees Term
Parks and Recreation Facilities Development Fees
NOTE: BASED UPON ORDINANCE NO. 210 PASSED ON DECEMBER 11, 1972, UPDATED 1999
49 Units or Less
Single family detached dwelling units $11,600.00 Per Unit
Attached units, including duplex, townhomes and
apartments $10,512.00 Per Unit
Mobile Homes $6,525.00 Per Unit
50 Units or More
If there is no park or recreational facility designated in the Recreational Element to be located in whole or in part
within the proposed subdivision to serve the immediate and future needs of the residents of the subdivision, the
subdivided shall, in lieu of dedicating land, pay a fee equal to the value of the land prescribed for dedication as
indicated in Section (1) below and in an amount determined in accordance with the provision of Section (2) below,
such fee to be used for a park which will serve the residents of the area being subdivided.
Section (1)
(b) Town houses and 4 bedroom apts. 3.1 persons per dwelling
unit
(c) Multiple family dwelling units 2.4
persons per awelling
(d) Mobile home dwelling units 1.9 persons per dwelling
unit
Section (2)
Where a fee is required to be paid in lieu of land dedication, the amount of such fee shall be based upon the
fair market value of the amount of land which would otherwise be required to be dedicated pursuant to
Section (1). The fee shall be paid pursuant to the provisions contained in Section (3). The "fair market
value" shall be determined by City Council prior to tentative map approval, based on an appraisal approved
by the City and paid for by the subdivider.
Section 3)
Time of commencement must be designated. At the time the final tract map is approved, the City council
shall designate the time when development of the park and recreational facilities shall be paid.
Agricultural Preservation
NOTE: BASED UPON ORDINANCE NUMBER 316 PASSED ON JANUARY 19, 1977
Residential Development $500.00 Per Unit
Commercial or Industrial Development $1,000.00 Per Acre
Sewer Connection Fees (note 1)
NOTE: BASED UPON CSJC RESOLUTION NO. 04-11-16-05, Adopted November 16, 2004
Per dwelling unit or per meter whichever is greater $4,441.69
Per mobile home space $4,441.69
Per motel room with kitchen facility $4,441.69
Non-residential- including commercial, industrial, public Per 1500 SF of
buildings, schools, churches, motels, and hotels without $4,441.69 floor area or
kitchen facilities; fraction thereof
Capistrano Circulation Fee Program Traffic Impact Fees
NOTE: BASED UPON CSJC RESOLUTION NO. 02-05-21-02 Adopted May 21,2002
Residential
Land Use Category/Unit
Single DU (Primary and Secondary)/Dwelling Unit $7,387.00
Multiple DU/Dwelling Unit $6,088.00
Pursuant to Resolution 12-05-01-02
(Unless Otherwise Noted) Page 1 of 4
Developer Impact Fees Summary
Exhibit F
Descriptions Current Term
Commercial
Land Use Category/Unit
Auto Dealership/Acre $228,000.00
Auto Repair/Service/sf of floor area $3.04
Church/sf of floor area $3.54
Clinic/sf of floor area $12.99
Commercial/sf of floor area $8.51
Elementary/Middle School/student $170.00
Equestrian/Stable $76.00
Golf Course/Acre $6,330.00
High School/student $520.00
Hospital/sf of floor area $7.60
Hotel/Room $3,310.00
Industrial/sf of floor area $3.88
Mortuary/sf of floor area $9.42
Motel/Room $3,870.00
Museum/sf of floor area $5.32
Nursing Home/bed $2,280.00
Office/R & D/sf of floor area $6.40
Private School/student $360.00
Racquet Club/Health Spa/Court $15,200.00
Self Storage/Unit $150.00
Service Station/Site $35,625.00
Service Station w/Mart/Site $35,625.00
Theater Seat $680.00
Systems Development (Ordinance 364)
NOTE: BASED UPON ORDINANCE NUMBER 364 PASSED ON JUNE 29, 1978 _
1 °/a of estimated
Systems Development building permit valuation
of a building or $1.00,
whichever is higher
New Building Construction Ordinance 211
NOTE: BASED UPON ORDINANCE NUMBER 211 PASSED ON NOVEMBER 13, 1972
Schedule A - Fees for plans submitted to the Architectural
(1) Residential
Single family dwellings ff j$50.00 Per Unit
Du lexes 0.00 Per Unit
Multi-famil dwellin s three or more units 0.00 Per Unit
For each hotel or motel room without a kitchen
excluding bathrooms $25.00 Per Unit
Mobile home park pads * 25.00 Per Pad
* Permanent buildings and landscape only need
conform to qualify.
Pursuant to Resolution 12-05-01-02
(Unless to
Noted) Page 2 of 4
Developer Impact Fees Summary
Exhibit F
ismDescriptions Akft Current Fees Term
(2) Commercial
For each commercial building unit in a building, per
square foot of gross floor area, including any area $0.03 Per Sq Ft
within a building designed for the parking of vehicles
(3) Industrial
For each commercial building unit in a building, per
square foot of gross floor area, including any area $0.03 Per Sq Ft
within a building designed for the parking of vehicles
Schedule B - Fees for plans not submitted to the Architectural
Review Board for approval _
(1) Residential
Single family dwellings $75.00 Per Unit
plus $10 per bedroom over one
Duplexes $75.00 Per Unit
plus $10 per bedroom over one
Multi-family dwellings three or more units 75.00 Per Unit
flus $10 per bedroom over one
For each hotel or motel room without a kitchen
excluding bathrooms $35.00 Per Unit
Mobile home park pad $35.00_ Per Pad
(2) Commercial
For each commercial building unit in a building, per
square foot of gross floor area, including any area $0.05 Per Sq Ft
within a building_ designed for the parking of vehicles
(3) Industrial
For each commercial building unit in a building, per
square foot of gross floor area, including any area $0.05 Per Sq Ft
within a building designed for the parking of vehicles
Housing In-Lieu Development
Valuation as determined
under the City of San
Housing In-Lieu Development Juan Capistrano
Municipal Code Section 9
5.103
NOTE: BASED UPON ORDINANCE NUMBER 767 PASSED ON JULY 5, 1995
Drainage Area
L01 $1,170.00 Per Acre
L02 $860.00 Per Acre
L03 $320.00 Per Acre
05 $170.00 Per Acre
M01 $780.00 Per Acre
LOIS02 S1,470.00 Per Acre
Pursuant to Resolution 12-O&W-02 Page 3 of 4
(Unless Otherwise Noted) 9
Developer Impact Fees Summary
Exhibit F
Descriptions Current Fees Term
Domestic Water (note 1
Development Charges
7.1% of improvement
Plan Check & Inspection Fees value or $150/sheet plus Per Application
a processing fee,
whichever is higher
Preliminary Processing fee Tract & Parcel Ma $311.92 Per Application
NOTE: BASED UPON CSJC RESOLUTION NO. 04-05-18-04, Adopted May 18,2004
Water Capacity
Water Capacity per meter or DU whichever is greater rPerMeter or
P Y P 9 $3,975.94 Water Capacity for Commercial area per SF of building
area: the greater of the $/SF price or the $/DU for the $0.6545 commercial
meter given above. area.
Capital Improvement
Per dwelling unit or per meter whichever is greater $3,060.47 Per Application
Per mobile home space $1,531.83 Per Application
Water Capital Improvement for Commercial per SF of Per SF
building area: the greater of the $/SF price or the$/DU for $0.50 commercial
the meter given above. _ area.
Water Capital Improvement for Agricultural per SF of $/SF planted
planted area: the greater of the $/SF price or the$/DU for $0.07 agricultural
the meter given above. area
Storage Charge
Per dwelling unit or per meter whichever is greater $3,659.75 Per Application
Per mobile home space $1,830.94 Per Application
Water storage for Commercial and Industrial per square I Per SF
foot of building area; the greater of the $/SF price or the $0.74 commercial
$/DU for the meter given above, area.
Non-Domestic Water (Recycled Water)_ _
Plan Check & Inspection Fees 7.1% of improvement per Application
value
NOTE: BASED UPON CVWD RESOLUTION NO. 00-9-5-1, Adopted September 5, 2000
Recycled Water Capacity Charge: the greater of the $/ cfs
maximum day demand charge given or the $/AF charge 857,474.43 $/cfs maximum
day demand.
below.
Recycled Water Capacity Charge: the greater of the $/AF 13,858.55 $/AF of annual
demand charge given or the $/cfs charge above. demand.
Preliminary Processing fee, Tract & Parcel Map 311.92 Per Application
Pursuant to Resolution 12-05-01-02
(Unless Othenxise Noted) Page 4 of 4
EXHIBIT B
LEGAL DESCRIPTION
Exhibit B
Page 1
10306-0005\2183669v3,doe
Order No.: 12400360-K26
LEGAL DESCRIPTION
PARCEL 1: (A PORTION OF APN: 121-182-53)
THAT PORTION OF LOT 64 OF TRACT NO. 103, IN THE COUNTY OF ORANGE, STATE OF
CALIFORNIA,AS PER MAP RECORDED 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 MOST NORTHERLY CORNER OF SAID LOT 64;
THENCE SOUTH 54 DEGREES 48 MINUTES 30 SECONDS EAST, 745.39 FEET ALONG THE
NORTHEASTERLY LINE OF SAID LOT;
THENCE SOUTH 36 DEGREES 07 MINUTES 30 SECONDS WEST,474.77 FEET,
THENCE NORTH 53 DEGREES 52 MINUTES 30 SECONDS WEST, 906.58 FEET TO THE
NORTHWESTERLY LINE OF SAID LOT;
THENCE NORTHEASTERLY ALONG THE NORTHWESTERLY LINES OF SAID LOT TO THE
POINT OF BEGINNING.
PARCEL 2: (A PORTION OF APN: 121-182-53)
LOTS 63 AND 64 OF TRACT NO. 103, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA,
AS PER MAP RECORDED IN BOOK 11, PAGES 29 THROUGH 33, INCLUSIVE, OF
MISCELLANEOUS MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT THAT PORTION THEREOF LYING NORTHEASTERLY AND EASTERLY OF THE
FOLLOWING DESCRIBED LINE:
BEGINNING AT THE MOST WESTERLY CORNER OF THE LAND DESCRIBED IN DEED TO
CALVIN C. FLINT AND WIFE, RECORDED DECEMBER 30, 1948 IN BOOK 1781. PAGE 69,
OFFICIAL RECORDS;
THENCE SOUTH 53 DEGREES 52 MINUTES 30 SECONDS EAST 806.58 FEET TO THE
SOUTHERLY CORNER OF SAID FLINT LAND;
THENCE CONTINUING SOUTH 53 DEGREES 52 MINUTES 30 SECONDS EAST,426.76 FEET;
THENCE SOUTH 9 DEGREES 02 MINUTES 20 SECONDS EAST, 260.20 FEET TO A POINT ON
THE SOUTH LINE OF SAID LOT 63 WHICH IS SOUTH 89 DEGREES 51 MINUTES 00 SECONDS
WEST,415.87 FEET FROM THE SOUTHEASTERLY CORNER OF SAID LOT 63,
TOGETHER WITH THAT PORTION OF DEL OBISPO STREET VACATED BY RESOLUTION NO.
81-9-5 OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, RECORDED
SEPTEMBER 18, 1981 IN BOOK 14225 PAGE,683,OF OFFICIAL RECORDS.
CLTA Preliminary Report Form-Modified(11-17-06)
Page 3
Order No.: 12400360-K26
LEGAL DESCRIPTION
(continued)
PARCEL 3: (APN: 121-182-17)
THAT PORTION OF LOTS 63 AND 64 OF TRACT NO. 103, IN THE CITY OF SAN JUAN
CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED 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 A POINT IN THE NORTHEASTERLY LINE OF SAID LOT 64, DISTANT SOUTH
54 DEGREES 48 MINUTES 30 SECONDS EAST, 745.39 FEET FROM THE MOST NORTHERLY
CORNER OF SAID LOT 64;
THENCE SOUTH 36 DEGREES 07 MINUTES 30 SECONDS WEST,474.77 FEET;
THENCE SOUTH 53 DEGREES 52 MINUTES 30 SECONDS EAST,426.76 FEET;
THENCE SOUTH. 9 DEGREES 02 MINUTES 20 SECONDS EAST, 260.20 FEET TO A POINT IN
THE SOUTH LINE OF SAID LOT 63;
DISTANT SOUTH 89 DEGREES 51 MINUTES WEST, 415.87 FEET FROM THE
SOUTHEASTERLY CORNER OF SAID LOT 63;
THENCE NORTH 89 DEGREES 51 MINUTES EAST, 415.87 FEET TO SAID SOUTHEASTERLY
CORNER OF LOT 63;
THENCE NORTH 36 DEGREES 56 MINUTES 30 SECONDS EAST, 427.75 FEET ALONG THE
SOUTHEASTERLY LINE OF SAID LOT 63 TO THE MOST EASTERLY CORNER THEREOF;
THENCE NORTH 54 DEGREES 48 MINUTES 30 SECONDS WEST, 952.79 FEET ALONG THE
NORTHEASTERLY LINE OF SAID LOTS 63 AND 64 TO THE POINT OF BEGINNING.
SAID LAND IS SHOWN ON A LICENSED SURVEYOR'S MAP FILED IN BOOK 2, PAGE 37, OF
RECORDS OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE
COUNTY,CALIFORNIA.
END OF LEGAL DESCRIPTION
CLTA Preliminary Report Form-Modified(11-17-06)
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PC RESOLUTION NO. 18-04-24-02
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA RECOMMENDING THAT THE CITY COUNCIL ADOPT
THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND
REPORTING PROGRAM,APPROVE GENERAL PLAN AMENDMENT(GPA 16-001), TO
CHANGE THE LAND USE DESIGNATION FROM AGRI-BUSINESS TO SPECIFIC
PLAN/PRECISE PLAN; CONSIDER THE FARM SPECIFIC PLAN (SP 18-001; CODE
AMENDMENT 18-004); AND REFER THE SPECIFIC PLAN TO THE PLANNING
COMMISSION FOR FURTHER REFINEMENT AND REVIEW AND APPROVE A
DEVELOPMENT AGREEMENT (DA 18-001)
Whereas, Spieker Senior Development, P.O_ Box 160, San Juan Capistrano,
CA 92693 (the"Applicant"), has requested approval of The Farm Specific Plan Residential
Community consisting of up to 180 single-family residential units on a 35 acre site located
at 32382 Del Obispo Street, also known as Assessor's Parcel Numbers 121-182-17 and
121-182-53 (hereafter the "Property"); and
Whereas, Vermeulen Ranch Center, 3435 Wilshire Boulevard, Suite 1195,
Los Angeles, is the owner of the Property; and,
Whereas, on September 20, 2016 the City Council of the City of San Juan
Capistrano initiated a General Plan Amendment for a proposed commercial and residential
development on the subject site consisting of approximately 40,000 square feet of
commercial uses on 5 acres and approximately 30 acres accommodating up to 180
residential dwelling units; and
Whereas, the Applicant modified its General Plan Amendment request to
eliminate the commercial component, and instead proposes a residential project with park
and trail amenities; and
Whereas, a draft Development Agreement between the City of San Juan
Capistrano and the Project applicant has been prepared to specify the standards and
conditions that would govern development of the property (DA 18-001); and
Whereas, the Project has been processed pursuant to Section 9-2.307,
General Plan Amendment 16-001, and Section 9-2.309, Code Amendment 18-004, of Title
9, Land Use Code of the City of San Juan Capistrano to establish the land use policies and
zoning regulations for the project site, in the form of the proposed The Farm Specific Plan;
and
Whereas, the Environmental Administrator reviewed the initial study
prepared pursuant to Section 15063 and 15064 of the CEQA Guidelines, and has
overseen the preparation of a Mitigated Negative Declaration (MND) pursuant to Section
15070, et seq., of those guidelines; has provided notice of the intent to adopt a Mitigated
ATTACHMENT 6
PC Resolution 18-04-24-02 2 April 24, 2018
Negative Declaration 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 Initial Study and the Mitigated Negative Declaration were
available for public review from March 6, 2018 to April 5, 2018; and
Whereas, the City received comments on the Mitigated Negative Declaration
from public agencies and interested parties during the public review period; and
Whereas, the City has prepared responses to the comments received and
made minor revisions to the Initial Study / Mitigated Negative Declaration documentation,
which are embodied in the a Final Initial Study/ Mitigated Negative Declaration (the Final
IS/MND); 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 including the
Final IS/MND; and,
Whereas, the Planning Commission conducted a duly-noticed public hearing
on April 24, 2018 pursuant to Title 9, Land Use Code, Section 9-2.302 to consider public
testimony on the proposed project and has considered all relevant public comments.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of
the City of San Juan Capistrano does hereby make the following findings with respect to
the California Environmental Quality Act (CEQA) and the Mitigated Negative Declaration
(MND):
(1) Whereas, the Planning Commission has reviewed and considered the Final
IS/MND and the public testimony regarding the environmental review of the
Project; and
(2) Whereas, the Planning Commission finds on the basis of the evidence
presented and the whole record before it, including the Final IS/MND that
there is no substantial evidence that the proposed project, as mitigated, will
have a significant effect on the environment; and
(3) Whereas, the Planning Commission finds that the Mitigation Monitoring and
Reporting Program should be adopted with all mitigation measures made
enforceable as a regulatory requirement for the development of the Specific
Plan; and
PC Resolution 18-04-24-02 3 April 24, 2018
(4) Whereas, the Planning Commission further finds that the recommendation of
adoption of the mitigated negative declaration reflects the Planning
Commission's independent judgment and analysis, and
(5) Whereas, the record of proceedings on which the Planning Commission'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 Development Services Department
Administrative Specialist, and
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby make the following findings
pursuant to Title 9, Land Use Code of the City of San Juan Capistrano with respect to
General Plan Amendment (GPA 16-001)and Specific Plan (SP 18-001) (Code Amendment
(CA 18-004)):
(1) The proposed General Plan Amendment is internally consistent with all the
other sections of the Land Use Element and also with all other Elements of
the General Plan This amendment would designate the subject site
"Specific Plan/Precise Plan"which is one of the 28 Land Use Designations of
the Land Use Element designed to provide for areas governed by a specific
plan or precise plan. This amendment would allow for the adoption of the
accompanying The Farm Specific Plan for a residential community consisting
of up to 180 single-family residential units.
(2) The proposed General Plan Amendment is consistent with the overall goals
and policies of the General Plan because it establishes a land use
designation governed by a specific pian, and the proposed land uses,
development standards and design elements of that Specific Plan (SP 18-
001) are consistent with the following goals and policies of the General Plan
including.-
Land
ncluding:Land Use Element
Land Use Goal 1- Develop a balanced land use pattern to ensure that revenue
generation matches the City's responsibility for provision and maintenance of public
services and facilities
Changing the designation of the site to Specific Plah to accommodate residential
development that can accommodate up to 180 units would allow residents of a
future development to contribute to an increase in retail sales revenue and related
City sales tax receipts at local dining, shopping and tourist-oriented venues. This
increase in sales tax revenue would allow for the City to maintain and improve
public services and facilities within the City Furthermore, the General Plan
PC Resolution 18-04-24-02 4 April 24. 2018
recognizes that the City has an oversupply of commercial uses serving the local
community. The General Plan states that some of the centers are underutilized due
to "the small local population", and that many are not well maintained, which has a
negative visual impact on the community. Future residents of the new development
would help to facilitate Land Use Goal 1.
Policy 1. 1: Encourage a land use composition in San Juan Capistrano that provides
a balance or surplus between the generation of public revenues and the cost of
providing public facilities and services.
The proposed project would contribute to the project's fair share of public facility
and utility costs through payment of Development Impact Fees. Additionally,
property taxes generated as a result of project implementation would go to the City's
General Fund, from which the City utilizes revenue to fund public services and
utilities. Furthermore, the accompanying Development Agreement assures that the
maintenance of the proposed 0.5 acre public park and trail will be maintained by the
future Home Owners Association (HOA). This will benefit the public as the
maintenance costs of the public amenities will be covered by the developer and/or
HOA.
GOAL 2: Control and direct future growth within the City to preserve the rural
village-like character of the community.
The proposed project would develop the site with single-family residential uses that
would be developed at a maximum density of 5 units per acre and would be a
maximum of two stories in height. Residences proposed as part of the project would
be consistent with the density and nature of residential uses adjacent to and nearby
the site. The project would also include a multi-use trail (i.e., pedestrian, bicycling,
and equestrian uses) that would connect Del Obispo Street to Via Positiva. The
provision of the multi-use trail would encourage bicycle, equestrian, and pedestrian
uses, avoiding transportation by automobile, and serve to preserve a more rural
character on the site.
Policy 2.1: Continue controlling growth through the implementation of the City's
residential growth management program.
The project-related increase in population would represent less than 2 percent of
the City's existing and projected population through the year 2040. New
development facilitated as a result of project approval would be required to comply
with the City's Residential Growth Management Program (1976). Specifically, new
building permits issued following the approval of Subdivision and Development
applications would be reviewed by City staff for consistency with the growth
program, which currently limits new residential building permits to 400 per year.
Therefore, the proposal would be consistent with said policy.
PC Resolution 18-04-24-02 5 April 24, 2018
Policy 2.2: Assure that new development is consistent and compatible with the
existing character of the City.
The project would allow for the development of a residential community that would
be consistent in use and character with surrounding development, including
surrounding residential uses. The proposed Specific Plan would also include design
guidelines that would ensure consistency in visual character between the proposed
project and surrounding development. For example, the proposed residences would
be developed in the Classic California Spanish architectural style to ensure
consistency with the City's landmark architectural heritage.
GOAL 3; Distribute additional population within the City based on risk factors.
The project site is located within a valley area and is not located within a high-risk
fire, geologic, or flooding area. The General Plan recognizes that future densities of
population could be allocated to the valley areas of the City outside of the
floodplain.
Policy 3.1: Confine higher density land uses to the valley areas outside of the
floodplain.
The proposed project would allow for the development of single-family residential
uses with a medium density. The project site is located within FEMA Flood Zone X,
which is an area determined to be outside of the 0.2 percent annual chance (500-
year) floodplain. As such, the project would not develop the site with high-density
land uses in areas prone to flooding.
GOAL 4: Preserve major areas of open space and natural features.
The project site has previously been considered for purchase and permanent
retention by the City as open space or agriculture and was twice eliminated from
further consideration during the City's evaluation process associated with the
passage of general obligation bonds for the purchase of open space. At this time,
the City lacks adequate funding to purchase the property should purchase of the
property be made available to the City The permanent retention of the site for open
space would be in conflict with the surrounding development and with the City's
goals for orderly and balanced land use development as buildout occurs, including
the City's General Plan Land Use Element Policy 7.2, which encourages new
development to be compatible with the physical characteristics of its site,
surrounding land uses, and available public infrastructure. Furthermore, the project
site is not designated or considered open space. Therefore, the proposed project
would be consistent with Goal 4 of the Land Use Element.
PC Resolution 18-04-24-02 6 April 24 2018
Policy 7,2: Ensure that new development is compatible with the physical
characteristics of its site, surrounding land uses, and available public infrastructure.
The proposed Specific Plan includes development standards and design guidelines,
which would ensure that new development on the site would be cohesive with
existing surrounding development. Additionally, the development of single-family
residential uses on the site would be consistent with the existing residential,
commercial and public uses (schools and parks) adjacent to the site. More
specifically, the proposed residential density of approximately 5 units per acre and
proposed Single-Family—4,000 (RS-4000) District standards would be compatible
with the existing zoning and land use designations of nearby residential areas which
are comprised of Medium High Density (up to 8 units per gross acre) to the
northeast, east and southeast and Very Low, Low, Medium Low and Medium
Densities (1 to 5 units per gross acre) to the southwest, west and northwest of the
project site.
Circulation Element
GOAL 9: Provide a system of roadways that meets the needs of the community.
The proposed Specific Plan includes an internal roadway that would connect
driveways off Del Obispo Street and Via Positiva to ensure adequate connectivity
between other internal project roadways and the surrounding arterial system, New
internal roadways included as part of the Specific Plan would be laid out at the time
Subdivision and Development applications are proposed. Furthermore, a traffic
impact analysis, which is part of the Mitigated Negative Declaration finds that the
project would result in less than significant impacts on the local roadway system,
and no mitigation would be required. Therefore, the proposed project would be
consistent with Goal 1 of the Circulation Element.
GOAL 3: Provide an extensive public bicycle, pedestrian, and equestrian trails
network.
Implementation of the proposed project would allow for a network of lighted
pedestrian walkways and a multi-use trail that would support pedestrian, equestrian,
and bicycle users. The proposed project's multi-use trail would connect the existing
residential communities north of the subject site with the public and private schools,
the San Juan Capistrano Community Center, Sports Park, and the Ecology Center,
which are all located south of the project site. In addition, residents from the subject
site can access existing bikeways and sidewalk and connect to the existing train
station, downtown and the beach. As part of the new internal roadways that would
be laid out at the time Subdivision and Development applications are proposed, the
project site could facilitate a possible bicycle path along Via Positiva which would
further enhance the network.
PC Resolution 18-04-24-02 7 April 24, 2018
Housing Element
Policy 2.1: Consistent with the Land Use Element, encourage the construction of a
variety of housing types and sizes of housing throughout the community.
The proposed project would allow for the development of a medium-density
residential community on the project site, which would serve to add to the variety of
housing types available throughout the City.
Conservation and Open Space Element
GOAL 5: Shape and guide development in order to achieve efficient growth and
maintain community scale and identity.
The proposed project would allow for the development of up to 180 single-family
residential units on the project site that would accommodate population growth in
the City. All residences developed on the site would be developed in a manner that
would be consistent with the character and scale of existing development
surrounding the site, be constructed in the Classic California Spanish architectural
style, and be consistent with the development standards and design guidelines in
the proposed Specific Plan. Furthermore, future development applications will be
subject to the City's Architectural Control (AC) procedures involving extensive
review of proposals by the City's Design Review Committee followed by the
Planning Commission to ensure future development proposals meet Goal 5.
Public Services and Utilities Element
GOAL 6: Provide sufficient levels of water and sewer service.
The City's Urban Water Management Plan (UWMP) indicates that there are
sufficient water resources to meet full service demands through the year 2040.
Specifically, the project-related demand for water would represent an incremental
increase in water demand through the year 2040 (1.2 percent of current and
projected water supplies through the year 2040. Additionally,wastewater generated
as a result of project implementation would represent 0.7 percent of the remaining
treatment capacity of the J.B. Latham Wastewater Treatment Plant. Therefore, the
proposed project would be consistent with Goal 6 of the Public Services and Utilities
Element.
GOAL 7: Work effectively with providers of natural gas, electricity, telephone, cable
television and solid waste disposal to provide sufficient levels of these services.
The proposed project would be served by existing natural gas, electricity, telephone,
cable, and solid waste facilities. Therefore, the proposed project would be
consistent with Goal 7 of the Public Services and Utilities Element.
PC Resolution 18-04-24-02 8 April 24. 2018
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby make the following findings
with respect to the proposed Code Amendment 18-004 for The Farm Specific Plan:
1. The proposed Land Use Code amendment conforms with the goals and
policies of the General Plan for the reasons set forth in the preceding section
of this Resolution.
2. The proposed Land Use Code amendment is necessary to implement the
General Plan and to provide for public safety, convenience, and/or general
welfare because the Land Use designation of the subject site is proposed to
be changed to Specific Plan, the proposed amendment (the Specific Plan)
will implement the General Plan and provide for public safety, and general
welfare as articulated in the preceding section of this Resolution.
3. The proposed Land Use Code amendment conforms with the intent of the
Development Code and is consistent with other applicable related provisions
thereof because the proposed amendment will implement the land use
regulations of the Single-Family-4,000 (RS-4,000) District. The purpose and
intent of the Single-Family-4,000 (RS-4,000) District is to provide for the
establishment and regulation of residential areas developed with single-
family detached dwellings, all on individual lots owned and maintained by
individual homeowners. Therefore, the Code Amendment (Specific Plan)
conforms with the intent of the Development Code.
4. The proposed Land Use Code arriendment is reasonable and beneficial at
this time because as articulated in the preceding section of this resolution, ,
the subject site is vacant and the amendment will facilitate a residential
development compatible in density with other residential uses and
established zoning districts in the vicinity. The subject site is more suited for
a residential development, as the residential development will support
existing nearby commercial uses and the City's downtown.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby make the following findings
with respect to the proposed Development Agreement (DA 18-001) for the project:
1. The provisions of the proposed Development Agreement are consistent with
the General Plan, as amended by GPA 16-001, and the proposed The Farm
Specific Plan (SP 18-001) because it establishes various provisions related
the performance of the applicant/developer in fulfilling obligations that enable
completion of the project as approved.
PC Resolution 18-04-24-02 9 April 24, 2018
2 The proposed Development Agreement includes the necessary and
appropriate provisions that convey additional public benefits to the City.
PURSUANT TO THE ABOVE FINDINGS, IT IS RESOLVED that the
Planning Commission recommends that the City Council adopt a Mitigated Negative
Declaration and Mitigation Monitoring and Reporting Program; approve General Plan
Amendment (GPA 16-001) as provided in Exhibit A, attached hereto and incorporated
herein; consider Specific Plan (SP 18-001) (Code Amendment(CA 18-004) as provided in
Exhibit B, attached hereto and incorporated herein and refer the Specific Plan to the
Planning Commission for further refinement and review; and approve Development
Agreement(DA) 18-001 as provided in Exhibit C, attached hereto and incorporated herein.
PASSED, APPROVED AND ADOPTED this 241h day of April 2018
tt �
Tim Neely Ithairman
Sergio Iotz, AICP, Assistant Development Services
Director/Secretary
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From: Lyan kelly
To: Art Bashmakian
Subject: 3282 Del Obispo new residential development
Date: Sunday,April 29,2018 12:07:53 PM
Good afternoon,
I was not able to attend the public hearing, but I did want to voice my concern and objection to
the planned development.
My name is Ryan Kelly and I live on Alipaz St, which is immediately adjacent to the proposed
development.
My main concern is that of increased traffic congestion. As it is right now, at certain times of
the day, it takes almost 15 minutes to get from my condo complex at l Alipaz out just
past Camino Capistrano,which is about a one mile distance.Adding inn 180 homes, each
which would have 2 cars each,perhaps 3 or 4 cars depending on their family,this puts another
300 to 600 additional cars going through an already overly congested area.
The current roads don't seem to be able to support the extra vehicles during rush hour for work
and the schools in the area.
Thank you for your time in listening to my concern.
Most respectfully,
Ryan Kelly.
ATTACHMENT 8
From: Save San Juan CaUlstp rano
To: Art Bashmakian;Joel Roias
Cc: Maria Morris
Subject: Concern:Vermeulen Property Application for GPA,CA,DA
Date: Monday,April 23,2018 7:21:34 PM
Dear Planning Commission-
As a resident of SJC for over 20 years, I urge you to take into consideration all concerns for
the community of SJC.
This property was up for GPA and re-zoning about 4 years ago, at which time the Planning
Commission suggested the Environmental Impact Report was flawed, yet the City Council
still approved the then project of Laguna Glen, which lead the Community to take action with
a referendum.
My concerns with asking for a GPA, CA, and DA again on this same property are:
-Has a new EIR been done?
- Lots has changed in 4 years, including a new development across steet: Oliva.
-Another structure being built right on the roadside of Del Obispo without signage, so I have
no idea what it is? Immediately to right of Oliva and across from Vermeulen property.
-Applicant scaled back project, yet hasn't listed out entire planing phase/development
proposal. Yet, wants GPA, CA, and DA first?
-How many "buildings" and "homes" are going all the entire 35 acres?
-Is it only senior living or available to all?
-What's the definition of 180 single-family residential units? Single-family houses, attached
townhouses, condos, apartments?
-No official"City Notice of Development Proposal"signage to inform the Community...as of April 23,5:30pm.
-CEQA was only sent within 1000 feet,yet project is 35 acres.With a project this size,seems the mailing should've reached
the communities across Del Obispo from the project?
-With the size of this project,it seems like having the Community vote on a GPA,CA,DA would only be fair.Why allow a
Developer to lead the City policy?
-I asked City for "Phasing Plan" and was told this is "unlike most specific plans, this one is not
so specific as there is no actual development proposal". Then, why is the GPA, CA, and DA
even being discussed?
I understand Vermeulen family is claiming the property was rezoned from low-med density
back in the 70's to Agriculture, yet that was a decision the previous Vermeulen owner made,
not the current owner(s)who inherited the property.
I was duped, as the rest of SJC, in 2006 when the City behind closed doors took tax payer
dollars and purchased the Reata Park outside of city limits, instead of Vermeulen property the
City lead the tax payers to believe was going to be purchased as Open Space.Now, we are still
paying for the land, and leasing at bargain basement pricing below fair-market value...if
handled correctly, SJC would have the money to purchase the Vermeulen property currently...I
guess that's a different argument?
If moving forward with changing the GPA &Zoning, are the owner(s) going to pay back taxes
to SJC for the years of Agriculture tax &water rates, & misc incentives they were given when
the rest of the Community wasn't?
Also,the other property they own of approximately 8 acres zoned "Farm Market" doesn't
support the mall that is currently built on the property. Are they going to pay SJC back
penalties for this property too and conform to proper Code?
2
Concerned that SJC General Plan and Codes, as well as, Community should lead before
outside developers that move here to conveniently claim local status.
Concerned
-Pam Zamoscianyk
3
From: Jody pike
To: Art bashmakian
Subject: Concerns re"Vermeulen"property
Date: Monday,April 23,2018 11:13:05 AM
April 22, 2018
Dear Art,
I shall try to attend Tuesday's hearing, but if I'm delayed, I would like to
express my opposition to changing the property designation regarding the
"Vermeulen" land.
1. TRAFFIC: Traffic on Del Obispo entering the San Juan center is already
congested and difficult. I, and several of my neighbors are starting to
avoid shopping in our city because it is easier to take Del Avion to shop for
groceries and pharmaceutical needs at the Golden Lantern shopping
center. We'd like to support our new Trader Joe's, but traffic often
prohibits a doing so. We also have the additional hold-up caused by
Amtrack. The addition of up to 180 single family residential units would
make traffic intolerable.
2. WATER: 180 houses would put a strain on our already difficult water
supply. Even with environmental planning, the household use would be
tremendous. Our water bills have escalated enough; we don't want to
impose more strain on our citizens.
3. SAN JUAN AMBIENCE: We have already allowed the building of a hotel
which will mark the entrance to San Juan. This is devastating to our quiet
atmosphere; we have torn down the Walnut Bakery and other old
landmarks in favor of progress and to provide more tax money to run our
town. We are a tourist community and I understand the city's economic
needs,
but I wonder whether we are killing what we hold most precious, one of
the few small communities in California that has maintained, to the best of
its ability, a semblance of a small town, without bowing to the pressure of
developers. We were successful in preventing Reata Glen from building
here. How can we develop that property and still retain our integrity?
4.SUGGESTED 0.5 ACRE PARK: This would be an insult to our city. 0.5
Acres is too small for any realistic citizen use, and it sounds like a
concession offered by the developer to make a project look good.
5.RESPONSIBILITY TO THE FUTURE: If we continue to construct homes on
empty land, we are destroying that land by buildiing on it. Our
grandchildren and great grandchildren may never be able to play in the
dirt. I think this is one of our most important responsibilities.
4
I have lived in San Juan since 1985 and been proud that we have, up to
now, kept the rural integrity that marks our town. We are different from
the mega cities that surround us. The mission is a jewel, but so is our
city. I am not against progress, but the issues of traffic and water are
crucial and we have a responsibility to address them before we allow a
large development within our city.
If I can be of any help, I would be happy to do so. I did not submit my
name when you were adding new a new planning commission member
because I have other pressing responsibilities. But I still could spend
some time if you would need extra hands!
Yours sincerely,
Jody Pike
(Josephine D. Pike, , San Juan)
5
From: Art Bashmakian
To: Art Bashmakian
Subject: FW: URGENT:Change General Plan of Vermeulen Property
Date: Monday,April 23,2018 3:16:57 PM
From: Save San Juan Capistrano <. >
Date: April 21, 2018 at 6:08:55 PM PDT
To: Save San Juan Capistrano< >
Subject: URGENT: Change General Plan of Vermeulen Property
All-
Please be aware there is a City Council meeting this Tuesday.April 24 at 6:30pm
Spieker Senior Development is requesting to change SJC General Plan of Vermeulen
property again...
It's important to attend and voice your concerns.
If you can not attend, please write a letter to the City Council:
sfarias(a-)sanjuanca isp tranQ.grg
bmaryott(cci sanjuancapistrano.org
kferguson@sanjuancapistrano.org
ppattersonasanjitancapistrano.org
�Ireeve sanjuancapistrano.org
You can also write the project manager, Art Bashmakian,
abashmakian(cDsanjuancapistrano.orct
So far the best information on the project is listed on the SJC staff report and related
materials:
h#tlzalsjc,��aniciis.contlMeta�'ie►Fcr.pho?vicw id=31&-event W=1669&meta id=100851
htt :llsa juancapistrano.orcit
Government/Public-Meetings
It's definitely a lot of information to read.
Also, a reply from the City when I asked about the"Phasing Plan"of this project and if it's
really going to stay at 180 residential units on the 35 acres or not?This is part of the reply
I received: "Unlike most specific plans, this one is not so specific as there is no actual
development proposal. This specific plan is more like a zone change which changes the
designation of a site but without an actual development proposal. A development proposal
would come later and would need to conform to the newly designated zone."
My yellow postcard from the City states it's a Notice for General Plan Amendment, Code
Amendment, and Development Agreement...
Please attend and voice your concerns.
-Pam Z
Part of the information on the City's site:
Spieker Senior Development ("Applicant"), on behalf of the property
owner, is requesting approval of a General Plan Amendment to change
the Land Use Designation of an approximately 35-acre property from Agri-
Business to Specific Plan/Precise Plan (Attachment 2). In addition, the
Applicant is seeking approval of"The Farm Specific Plan" which would
facilitate future residential development of the site under subsequent
development applications. The Specific Plan would allow future
development of the site with a residential community consisting of up to
180 single-family residential units, a 0.5 acre park, and a public trail
6
leading from Del Obispo Street to Via Positiva . The proposed project also
includes consideration of a Development Agreement between the City and
the property owner in which the Applicant will be obligated to provide
certain public benefits in exchange for receiving vested development
rights.
From: Ruth Gark
To: Art Bashma i n
Subject: Re:Hearing Tuesday 4-24
Date: Tuesday,April 17,2018 2:00:18 PM
Hello Art,
I am unable to attend the Hearing Tuesday April 24 regarding the change of land use so I am
sending you an email to let you know that I agree with the request to amend the General
Plan's Land Use Designation of approximately 35 acre "Vermeulen" property from Agri-
Business to Specific Plan/Precise Plan; Adoption of the Farm Specific Plan; and approval of a
Development Agreement.
Thanks,
Ruth Clark
8
Art Bashmakian
From: Tom McDonald >
Sent: Thursday, April 19, 2018 6:45 PM
To: Art Bashmakian
Subject: Zoning change to Vermueulen property(APN:121-182-1 and 121-182-53)
It is my understanding that the proposed zoning change to the Vermuelen property from agri-business to that which
would allow for the development of a 180,single family residential units is now the second time that this has been
attempted on the same site.A few years ago this was attempted and defeated. How many times must the city hear NO
from the residents on this very issue. In addition,at a time when we are under severe water restriction it is obvious that
the infra-structure in San Juan cannot support further development until the basic needs,such as water,have been
made available. Please put me on record since I cannot attend the meeting scheduled for April 24.
Respectfully,
Tom McDonald
San Juan Capistrano
Sent from Mail for Windows 10
1
9
From: Art Bashmakian
To: "Save San Juan Capistrano"
Subject: RE:Spieker Senior Development Request for GPA
Date: Friday,April 20,2018 11:12:07 AM
Attachments: imaae001.pna
Hi Pam
The staff report and related materials are available now on the City's website. Here is the link:
http://sanj an apJ strano.org/Government/Public-Meetinlzs
Let me know if you have any other question.
Sincerely,
Art Bashmakian,AICP
Contract Planner
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
(949) 487-4314
From:Art Bashmakian
Sent:Thursday,April 19, 2018 1:21 PM
To: 'Save San Juan Capistrano' >
Cc:Joel Rojas<JRojas @sanjuancapistrano.org>
Subject: RE:Spieker Senior Development Request for GPA
Hi Pam
Unlike most specific plans, this one is not so specific as there is no actual development proposal.
This specific plan is more like a zone change which changes the designation of a site but without an
actual development proposal. A development proposal would come later and would need to
conform to the newly designated zone. The governing aspect of this specific plan is its reference to
the City's existing Single-Family—4,000(RS-4,000) district which establishes regulations for
detached, single-family dwellings on individual lots owned and maintained by individual
homeowners with common areas owned and maintained by a Homeowners Association (HOA).
The specific plan sets a limit on the number of homes at 180 units but an ultimate development plan
may result in fewer units. The plan also includes a small park (0.5 acre park)and the multi-use trails,
both privately owned and maintained by the HOA but accessible and open to the public outside of
the Specific Plan. As part of a Development Agreement,the developer will be responsible for a trail
system that ultimately will connect to the Ecology Center. That trail will be considered separately
from this project.
10
The applicant is placing the sign today or tomorrow. The Planning Commission's role on Tuesday,
April 24 is to consider the proposal and make a recommendation to the City Council. The tentative
public hearing date for the City Council is May 15, 2018.
Regarding the notification (postcards).
There were multiple notifications involved with this project. One of the notification,as required by
state law, is to notify adjacent property owners and occupants about the CEQA document and to
publish such a notice in the paper. Besides publishing the notice in the paper,the City mailed
notices not only to adjacent property owners and occupants but to property owners and occupants
within 1,000 feet of the project site. The other notice, which you received, is in reference to the
April 24 Planning Commission meeting. This notice was sent Citywide to all property owners within
the City. Following the Planning commission's action, another Citywide notice will be mailed out to
advertise the City Council meeting which is planned for May 15 at this time.
I know there are lots of documents involved with such a project. But I would be more than happy to
go over any other aspect of the project. I hope I was able to answer your immediate questions but
please call me or email if I need to clarify my responses or if you have other questions.
Sincerely,
Art Bashmakian,AICP
Contract Planner
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
(949)487-4314
From:Save San Juan Capistrano ]
Sent:Thursday, April 19, 2018 12:27 PM
To:Art Bashmakian<ABashmakian(@sanjuanca ip str no.org>
Subject: Re:Spieker Senior Development Request for GPA
Mr. Bashmakian-
Thank you for getting back to me and sending me the links.
There's a lot to read through,yet it seems the Specific Plan is missing the "Phasing Plan"
section? Could you please direct me to this information?
Currently the City postcard is misleading stating the rezoning is for 180 homes, .5 acre park,
and 1 acre shared use trail...leading the community to believe that is all Spieker& Owner plan
on building on this 35 acres.
Also, I'm still wondering why there hasn't been "City Notice of Development Proposal" signage to inform
11
the community of this project?
With such a massive project request for rezoning SJC GP(GPA,CA,DA),and postcards only being sent 1000 feet
from project for CEQA,at minimum,there should be posted signage for the community.
Regards
-Pam Z
On Wed, Apr 18, 2018 at 4:38 PM,Art Bashmakian <ABashi-nakian_Wsail-juancapistrano.org>
wrote:
Hello Pam
Thank you for your email. Below is a link to the CEQA documents. The notice for CEQA was
mailed to adjacent properties and within 1,000 feet of the subject site but the notice for the
hearing,which is what you have received,was mailed citywide.
The staff report for the April 24 meeting will be available by Friday.
Let me know if you have other questions.
Thanks
Art Bashmakian,AICP
Contract Planner
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano,CA 92675
(949)487-4314
hit Jp /sanjuancapist ano.org/Der2artments/Development-Services/Planning-
Zoning/Environmentd(-Documents/Farm-Sl2gsjfic-Plan
12
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From:Save San Juan Capistrano [mailt ]
Sent:Wednesday, April 18, 2018 3:17 PM
To:Art Bashmakian<ABashmakianPsapjuancapistrano.ore>
Subject:Spieker Senior Development Request for GPA
Mr. Bashmakian-
Good afternoon.
I received a postcard regarding the proposed GPA, CA, and DA from Spieker Senior
Development for the property located at 32382 Del Obispo St. and I have a few questions
and concerns before the upcoming hearing on April 24.
The postcard stated that a CEQA was done and available for public review and comment
3/6/18 - 4/5/18,yet I just received this postcard on 4/13/18?
Also, I drive by this property location daily and have not seen any "City Notice of
Development Proposal" signage to inform me of this project?
Could you please send me any information on this proposal or direct me to the proper
website to learn about this project?
I would like to educate myself before the hearing.
Regards
-Pam Z
13
From:
To: Ar is
Subject: 5JC General Plan of Veermeulen Property
Date: Tuesday,April 24,2018 9:08:43 AM
Mr. Bashmakian,
Our home abuts the Vermeulen property.
Adding any structures would impede our living dramatically.
As it is now, we have to keep the Ficus trees cut so that we get any breeze at all.
The amount of traffic created by an additional 180 homes would dramatically impact the already 'over
contained"area we live in.
My husband and I are against any"use" of the Vermeulen property that is not agricultural.
Martha and Don Long
Rancho Alipaz Mobile Home Park
14
From:
To: i�II
Subject: upcoming council meeting please pass along to the council members
Date: Sunday,April 22,2018 8:18:56 PM
Dear Mr Bashmakian,
In regards to the council meeting Tuesday, due to having a preschooler and being a
single parent, I can not attend the late meetings. I will express my feelings here in
hopes that you and the council will listen to us again.(still perplexed as to why we are
wasting time and money once again after just having this resolved). I am beyond
concerned and very disappointed that we are again having a meeting about changing
zoning in the exact space that we recently voted and decided to keep (the Vermelian
Property) as it is. To make matters worse again the same developer is in front of our
city trying to change our city's rules and regulations to suit them! This changing of
zoning and city historical decisions needs to halt. The rules, zoning and historical
studies were all put in place in order to preserve our town. Our sweet town that has
so much to offer tourists and residents alike. Trying to conform at the reasoning of a
developer is beyond ridiculous as they could care less about our city and residents,
they care about their bottom line and pocketbook!
PLEASE! Status quo on the zoning and regulations. I still have school age children I
would like them to be able to walk to school without the threat of too many cars (there
are already way to many on Del Obispo) and people that can threaten walking
children. We have open space rules to preserve the community and population. We
do not need more houses packed into such an already to dense area.
Thank you Mr Bashmakian for passing this along Tuesday evening-PLEASE-Keep
Vermelian agricultural! For the sake of the residents and our children keep San Juan
quaint and beautiful.Feel free to pass along my phone number and address below.
Best regards,
Becki Kolander
Realtor
MW
15
From: Maureen Waeaner
To: Art Bashmakian
Subject: Urgent:General Plan Use
Date: Tuesday,April 24,2018 5:25:50 PM
Attention Mark Bashmakian,
I strongly oppose any changes to the General Plan Land Use I oppose the building of 180
homes on Vermeulen property. (APN's 121-182-17 & 121-182-53)
I have lived in San Juan Capistrano for 25yrs and voted for the land to kept as open
space for the community; as our land is precious and disappearing. City Council must
keep the land open and undeveloped for future generations. Sincerely, M. Waegner
16
From: David Lewis
To: Art Bashmakian
Subject: Vermeulen Ranch
Date: Tuesday,April 10,2018 10:20:19 AM
I live in the Oliva community directly north of the proposed development referenced above.
Several years ago,the city reversed an approval of a senior project by Reata. A project that
would have had a lot Iess cars due to the age of the occupants and the use of shuttle buses, etc.
We all know that the proposed secondary access at Del Opisbo will be used more than the
primary entrance adding to the heavily travelled Del Opisbo. Just common sense.
Dave Lewis
San JUail Capistrano 92675
17
Sent: Wednesday, May 9, 2018 9:48 AM
To:Art Bashmakian ABashmakian@sanivancapistrano.ore
Subject: RE: Planning Commission Hearing-May 14, 2018
Hello.
I would like it to be submitted to the hearing that I, Cassandra Logan Crow, owner of a residence
in San Juan Capistrano would like to oppose the change in land use designation of the
"Vermeulen" property located at 32382 Del Obispo Street(APN's:121-182-1.7 and 121-182-53).
I believe that land should remain Agri-Business.
I oppose the use of the land for residential development.
Please let me know if there is any other information you need from me to oppose this change.
Thank you!
Cassie