11-0630_STROSCHER G3 LLC_C1_Agenda Report_Supplementary 6/30/2011
SUPPLEMENTARY AGENDA REPORT C 1
TO: Karen P. Brust, City Maar o
FROM: Omar Sandoval, City Attorney
SUBJECT: Consideration of an Ordinance Approving a Development Agreement for the
Plaza Banderas Hotel Project; Stroscher G3, LLC has Requested Approval
of a Development Agreement for a Previously Approved Project Consisting
of a 124-Room Hotel, Consisting of 76,363 Square Feet ("Hotel") on
Approximately 2 Acres; 10,169 Square Feet Two Story Office/Retail Building
Consisting of 6,467 Square Feet of Retail on the First Floor ("Retail
Component") and 3,702 Square Feet of Private Office on the Second Floor
(the "Private Office Space"); 6,095 Square Feet for a Restaurant
("Restaurant") and 190 Parking Spaces on an Existing 3.18 Acre Property
Located at 26871 & 26891 Ortega Highway and Generally Located
at the Northeast Corner of Ortega Highway and EI Camino Real
(Assessor Parcel Numbers 124-170-12, 14, 15 & 16) (Stroscher G3, LLC)
RECOMMENDATION:
Open the public hearing, receive public testimony, and close the public hearing; and by
motion:
1. Introduce the Ordinance approving the Development Agreement, subject to the
revisions included in the supplementary report.
SITUATION:
After the posting of the Agenda, the developer has requested clarification to Section 4.1,3
and the corresponding provisions of Recital "K" of the Draft Development Agreement. Staff
accepts the following clarification and has made a correction as shown in redlining below.
4.1.3 Water System Upgrade. Project Mitigation Measure MM
4.11.201b and Project Condition of Approval No. 48 require
STROSCHER to construct a loop system to run from a POC in
the 350C system at the intersection of EI Horno and the 1-5
Freeway ("El Horno Section") to a connection to the 350C
system at the intersection of Ortega Highway and Avenida Los
Cerritos ("Ortega Section"). The "Ortega Section" to which the
El Horno Section is to connect includes the water line from a
Dint 240 foot east of the intersection of Camino Capistrano
and Orte l ,, then continuing easterly on 2rte ac��N��
Agenda Report June 30, 2011
Page 2
the intersection of Orte a Ni hway and Avenida Los Cerritos.
Compliance of these conditions may be resolved as follows:
a. During the future reconstruction of the Ortega Bridge over
the 1-5, CITY has requested Caltrans to provide for the water
interconnect required to create the Ortega Section loop.
Should the El Horno Section provide sufficient fire flow as
determined by the fire marshall, STROSCHER shall not be
required to construct the Ortega Section. Prior to the time the
Ortega Section is to be constructed, STROSCHER and CITY
may reconsider STROSCHER's fair share for the cost of
construction and/or the Parties may enter into a
reimbursement agreement to specify STROSCHER's fair share
and reimbursement should new development be proposed,
which would benefit from the Ortega Section construction. City
will waive this requirement in the event that grant funding
becomes available to fund the construction of the Ortega
Section.
b. STROSCHER shall construct the EI Horno Section to
provide sufficient fire flow to the Property as determined by the
fire marshall. STROSCHER and CITY may reconsider
STROSCHER's fair share for the cost of construction should
new development be proposed, which would benefit from the
EI Horno Section construction. The Parties may further enter
into a reimbursement agreement to specify STROSCHER's fair
share and reimbursement should .new development be
proposed, which would benefit from the EI Horno Section
construction. City will waive this requirement in the event that
grant funding becomes available to fund the construction of the
EI Horne Section.
RECOMMENDATION:
Open the public hearing, receive public testimony, and close the public hearing; and by
motion:
1. Introduce the Ordinance approving the Development Agreement, subject to the
revisions included in the supplementary report.
Respectfully submitted,
0mar San oval, City Attorney