05-0719_ADVANCED GROUP 99SJ_E1_Agenda Report (2)7/19/2005
E1
AGENDA ITEM
TO: Dave Adams, City Manager I�-
f,UMG.,
FROM: Molly Bogh, Planning Director
SUBJECT: Development Agreement for Vesting Tentative Tract Map (TTM) 14343, San
Juan Meadows; a development agreement for an approved tentative tract map to
develop 275 single-family detached lots and a parcel for future senior housing
development on a 135.63 acre parcel located along the south side of La Novia
Avenue and about 300 feet east of Valle Road (APN# 666-311-02, 03 &
4)(Applicant: Advanced Group 99-SJ)(Project Mgr: William Ramsey, AICP,
Principal Planner)
RECOMMENDATION
Open the public hearing, receive public testimony, close the public hearing; and by motion,
following reading of the title of the Ordinance by the City Clerk, approve first reading and
introduction of an ordinance approving the Development Agreement for the San Juan Meadows
project.
SITUATION
A. SUMMARY AND RECOMMENDATION
Advanced Group 99 -SJ has requested approval of a development agreement for
property that was subject to Vesting Tentative Tract Map (TTM) 14343 approved by the
City Council on February 17, 1998. The development agreement is intended to extend
the term of the map to allow the applicant to complete processing of the Forster Canyon
Landfill Closure Plan and Post -closure Maintenance Plan. The City would benefit from
the closure of the landfill and from payment of all City fees in effect at the time that
payment of fees would be due. The development agreement would be for a term of five
years with a provision for a two year extension at the sole discretion of the City Council
(see Attachment 1, Ordinance Approving the Development Agreement for the "San Juan
Meadows" Property).
B. BACKGROUND
1. General Plan Designation: The property is General Plan -designated Planned
Community.
2. Zoning Designation: The project site is zoned "PC" (Planned Community) and
subject to Comprehensive Development Plan 81-01, Forster Canyon Planned
Community.
3. Environmental Review: This project has been previously reviewed in accordance
with the California Environmental Quality Act (1970). The City's Environmental
CC Agenda Item 2 July 19, 2005
Administrator has determined that all project impacts have been addressed by the
previously approved environmental documentation and no further environmental review
is necessary.
4. Community Redevelopment Agency: Not applicable.
S. Prior Entitlements: On August 18, 1992, the City Council approved VTTM 14343
consisting of 155 single family detached lots, 120 townhouses, a site for 180 senior
housing units, an 8.7 acre site dedication for public use, and a nine -hole, executive golf
course on the closed landfill. On February 17, 1998, the City Council conditionally
approved revisions to VTTM 14343 consisting of 275 single family detached lots and a
senior housing site for 165 affordable senior housing units, and an alternative 2.0 acre
public dedication site.
C. Proiect Description
The project consists of a proposed Development Agreement for the development of the
San Juan Meadows property, a 135.63 acre parcel located along the south side of La
Novia Avenue and subject to Vesting Tentative Tract Map (VTTM) 14343. The vesting
map would expire on September 16, 2005 and no further extensions of time may be
granted except through approval of a Development Agreement. The agreement would
provide a 5 -year extension for the vesting map to provide additional time for the applicant
to secure San Diego Regional Water Quality Control Board (RWQCB) approval and
South Coast Air Quality Management District approval of the Forster Canyon Landfill
Closure Plan and Post -closure Maintenance Plan. The agreement would require the
developer to pay all service and impacts fees in effect at the time payment would be due,
even though the vesting map was approved in 1998.
D. Staff Analysis
For a detailed discussion and analysis of the agreement's provisions, please refer to the
attached Planning Commission Agenda Item. Staff concludes that the San Juan
Meadows project is rather unique because it requires landfill closure and landslide
stabilization as well as City and outside agency approval of permits to complete such
work. The City's previous approval of Vesting Tentative Tract Map (VTTM) 14343
requires that this work be completed and approved by the City, before any final map can
be approved. The development agreement would provide adequate time for the
developer to secure the necessary permits and complete both the landfill closure and
landslide stabilization. The primary benefits to the City would include eliminating potential
health hazards from leachate leaking from the landfill face, stabilizing the site and
preventing continuing damage to retaining walls and infrastructure in the Capistrano
Terrace Mobilehome Park, and providing arterial road improvements that would serve
the overall community. In addition, the applicant has agreed to pay all service and impact
fees imposed by the City at the time such fees are due. These fees are estimated to be
$17.8 million and may be adjusted to reflect any future fee increases during the term of
the agreement.
CC Agenda Item 3 July 19, 2005
COMMISSION/BOARD REVIEW AND RECOMMENDATIONS
The Planning Commission was scheduled to review the development agreement at their June
12 meeting. The Commission's recommendation will be presented to the City Council at the
public hearing.
FINANCIAL CONSIDERATIONS
The developer will be required to pay all impact fees and processing fees in effect at the time
such fees would be due to the City. Staff estimates the project will be required to pay about
$17.8 million impact and service fees. Under the fee schedule in effect in February 1998, the
project would have been required to pay between $8 and $10 million in fees. Consequently, the
City will receive at least an additional $7.8 million in impact fees.
PUBLIC NOTIFICATION
Pursuant to Title 9, Land Use Code, Section 9-2.335, Public Hearings of Title 9, a public hearing
notice has been mailed to all property owners (as listed on the Orange County Real Property
Tax Assessment rolls) within five -hundred (500) feet of the project, has been published in the
Capistrano Valley News, and posted at three public locations (see Attachment 3, Public Hearing
Notice). A copy of this agenda item has been provided to the project applicant.
* Rick Julian
Advanced Group 99 -SJ, Ltd.
22974 EI Toro Road
Lake Forest, CA 92630
Open the public hearing, receive public testimony, close the public hearing; and by motion,
following reading of the title of the Ordinance by the City Clerk, approve first reading and
introduction of an ordinance approving the Development Agreement for the San Juan Meadows
project.
Respectfully submitted,
MollyB h
Planning Director
Prepared by,
William A. Ramsey, AICP
Principal Planner
P:\PlanningWrchive\TTM PROJECTS\T16221-DevAgree-HoneymanU16221-DevAgree-PCai-2004nov23-final.doc
Attachments:
1, Ordinance Approving the Development Agreement for the "San Juan Meadows" Property
2, July 12, 2005 Planning Commission Agenda Item.
3, Public Hearing Notice
ORDINANCE NO. xxx
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING AND ADOPTING A DEVELOPMENT
AGREEMENT FOR THE SAN JUAN MEADOWS (ADVANCED GROUP
SJ-99)(APN: 666-311-02, 03 & 4)
The City Council of the City of San Juan Capistrano hereby ordains as follows:
SECTION 1. Recitals & Findings
Advanced Group SJ -99 has requested approval of a Development Agreement
with the City of San Juan Capistrano for an approved tentative tract map on a
135.63 acre parcel located along the south side of La Novia Avenue and 300 feet
east of Valle Road (APN# 666-311-02, 03 & 4); and,
2. On February 17, 1998, the City Council adopted Resolution 98-2-17-3
conditionally approving Revised Tentative Tract Map 14343, San Juan Meadows
for an approved tentative tract map to develop 275 single-family detached (SFD)
lots and 165 affordable senior dwelling units on a 135.63 acre parcel located
along the south side of La Novia Avenue and about 300 feet east of Valle Road;
and,
On July 21, 1992 the City Council adopted Resolution 92-7-21-5 certifying a Final
Environmental Impact Report for Tentative Tract Map (TTM) 14343, San Juan
Meadows; and on February 17, 1998, the City Council adopted Resolution 98-2-
17-1 certifying a Mitigated Negative Declaration (MND) for Revised Tentative
Tract Map 14343, San Juan Meadows, and all project -related impacts have been
previously disclosed and adequately mitigated, and the City has otherwise
complied with all applicable provisions of the California Environmental Quality
Act; and,
4. The Planning Commission conducted a duly -noticed public hearing on July 12,
2005 pursuant to the provisions of Section 9-2.335 of the Title 9, Land Use Code,
Administrative Policy 409, and Planning Department Policy 510 to consider
public testimony on the proposed project; and,
The City Council conducted a duly -noticed public hearing on Tuesday, July 19,
2005 to consider the proposed Development Agreement; and,
6. The City Council finds that the development agreement is appropriate because of
the public benefits associated with the proposed project and because the closure
of the Old Forster Canyon Landfill and the required landslide stabilization require
State Agency review and necessitating substantial additional processing time;
and,
ATTACNMENTI
7. The City Council finds that the development agreement is consistent with the
General Plan and Title 9, Land Use Code and that all legal prerequisites to the
adoption of this ordinance have been met.
SECTION 2. Amendment.
Pursuant to Government Code sections 65864 et seq., the City Council does
hereby approve and adopt the "DEVELOPMENT AGREEMENT' by and between the
City of San Juan Capistrano ("City") and Advanced Group 99SJ, a California limited
partnership, which is attached as Exhibit A, and incorporated herein by reference. The
Mayor is hereby authorized to execute said agreement on behalf of the City of San Juan
Capistrano.
SECTION 3. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after its passage
SECTION 4. Citv Clerk's Certification
The City Clerk shall certify to the adoption of this Ordinance and cause the same
to be posted at the duly designated posting places within the City and published once
within fifteen (15) days after passage and adoption as required by law; or, in the
alternative, the City Clerk may cause to be published a summary of this Ordinance and
a certified copy of the text of this Ordinance shall be posted in the Office of the City
Clerk five (5) days prior to the date of adoption of this Ordinance; and, within fifteen (15)
days after adoption, the City Clerk shall cause to be published the aforementioned
summary and shall post a certified copy of this Ordinance, together with the vote for and
against the same, in the Office of the City Clerk.
PASSED, APPROVED AND ADOPTED this 2nd day of August, 2005.
WYATT HART, MAYOR
ATTEST:
MARGARET R. MONAHAN, CITY CLERK
PAPlanning\Archive\TrM PROJECTS\Ti6221-DevAgree-Honeyman\t16221-DevAgree-ordinance.doc
Recording Requested By And When Recorded Return to:
Meg Monahan
City Clerk
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, Ca. 92675
[Exempt From Recording Fees-G.C. 61031
DEVELOPMENT AGREEMENT
This Development Agreement ("Agreement") is made this day of
,2005, by and between the City of San Juan Capistrano ("City") and Advanced
Group 99SJ, a California limited partnership ("Developer"). The City and Developer are also
referred to as "Parties" and individually as a "Party".
RECITALS
Whereas, Developer owns in fee simple title approximately 135.63 acres of real property
north of the I-5 Freeway surrounding an: inactive landfill. The stated parcels are described in
Exhibit A-1 and are collectively referred to -herein as the "Subject Property"; and
Whereas, the inactive landfill has not been the subject of a closure plan and presents a
health and safety risk to -the citizens of San Juan Capistrano; and
Whereas, the Parties agree that this Agreement will promote and encourage the
development of the Subject Property by providing the Developer, and its successors, assigns, and
lenders, with a greater degree of certainty as to the Developer's ability to complete the Project,
and that --the consideration to bi�rviceived by the City pursuant to this Agreement, including but
not limited to the proper_closure of the inactive Forster Canyon Landfill, future extension of
Street "A", and the paymeot of current fees to the City constitute sufficient consideration to
support the covenants and agreements of the Parties; and
Whereas, City has found that this Agreement and the development of the Subject
Property as provided in this Agreement is consistent with the General Plan of the City; and
Whereas, the City has previously reviewed Vesting Tentative Tract Map (TTM) 14343 in
accordance with the California Environmental Quality Act (1970) and the City Council certified
a Final Environmental Impact Report (EIR) on July 21, 1992 and approved a Mitigated Negative
Declaration (MND) on February 17, 1998. The Environmental Administrator has determined that
all project impacts have been addressed by those actions and no further environmental review is
necessary.
NOW, THEREFORE, City and Developer mutually agree as follows:
30(261431799244113
ARTICLE 1. GENERAL PROVISIONS
1.1 Ownership of the Property. The City and Developer acknowledge and agree
that Developer has the requisite legal or equitable interest in the Subject Property, and thus,
Developer is qualified to enter into and be a party to this Agreement in accordance with
Government Code section 65865(b).
1.2 Assignment of Rights. Developer shall be permitted to assign or otherwise
transfer this Agreement, and its rights and obligations hereunder, to -any other person, firm or
entity, but only if the prior written consent of the City or the City's delegate is obtained. Such
consent of the City shall not be unreasonably withheld. Notwithstanding any other provisions in
this Agreement, Developer or its successors in interest may assign or otherwise transfer this
Agreement and its rights and obligations hereunder to any entity or entities owned or controlled
either directly or indirectly by Developer (each such entity being a "Petraitted Transferee").
Assignments or transfers of the Agreement, or rights or obligations thereunder, to a Permitted
Transferee do not require the prior written consent of the City. As used in this subsection
"owned or controlled by" means an entity in which Developer has either a direct or indirect
equitable or beneficial ownership interest equal to at least 25%. The provisions of this
Agreement shall be binding upon and shall inure to the benefit of the Parties and their respective
successors and assigns. To the extent of the interest of the Developer, and its assigns, in the
Subject Property, the covenants of Developer set forth in this Agreement shall be covenants
running with the land and enforceable to the full extent permitted by applicable law.
1.3 Release Upon Transfer. With respect to any permitted assignment pursuant to
the provisions of Section 1.2, City shall release Developer from its obligations under this
Agreement and any other agreements or undertakings pertaining to the transferred portion of the
Project, and release to Developer any bonds or other security posted to secure obligations under
such agreements or undertakits,,,prpvided the transferee expressly assumes the obligations
under suchagreements and substitutes boards orvther security acceptable to City in place of the
security to`'released.
1.4 Term. Unless otherwise terminated as provided in this Agreement or otherwise
provided,,tbis Agreement shall continue in full force and effect for a period of five (5) years from
its effective"date. At Developer's request by written notice to City, City may, at the City's sole
discretion, extend this Agreement for an additional two (2) years if the Closure Plan has not been
approved by the State and the City provided Developer is not in default under the terms of this
Agreement at the time of the requested extension.
1.5 Termination of Agreement with Respect to Individual Lots Upon Sale to
Public and Completion of Construction. The restrictions on transfers in Section 1.2 shall not
apply to the sale or lease (for a period longer than one year) of any lot which has been finally
subdivided and is individually (and not in "bulk") sold or leased to a member of the public or
other ultimate user. Notwithstanding any other provisions of this Agreement to the contrary, this
Agreement shall automatically 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:
3-M0 641 4 2
(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 or the final inspection has been
approved for a building on the lot.
1.6 Exhibits. The following documents are attached to, and by this reference made a
part of, this Agreement:
Exhibit A-1 - Legal Description of the Property
Exhibit A-2 - Vesting Tentative Map 14343
ARTICLE 2. DEVELOPMENT OF THE PROPERTY
2.1 Vested Right to Develop. Pursuant to Government Code sections 65865.4 and
65866, Developer is obtaining vested rights to develop the Subject Property in accordance with
the General Plan, zoning, rules, regulations, and official policies in force at the time of the
approval of Vesting Tentative Map No. 14343, as vested by Vesting Tentative Map No. 14343,
approved on February 17, 1998, a copy of which is attached as Exhibit A-1, (the "Vesting Map")
and the terms of this Agreement (collectively the "Applicable Land Use Regulations"). Unless
amended or terminated in the manner specified in this Agreement (and subject to the provisions
of this Agreement), Developer shall have the rights and benefits afforded by this Agreement and
this Agreement shall be enforceable by Developer and the City notwithstanding any growth
control measure or any development moratorium adopted after the Execution Date, or any
change in applicable general or specific plans, zoning, or subdivision regulation adopted by the
City which alter or amend the City's General Plan or Zoning Code or effect a change to City
policies that prevent or materially adversely affect development of the Project as contemplated
by this Agreement and the Vesting Map. Developer agrees to comply with all conditions of
approval imposed on the project through City's approval of the Vesting Map except as modified
by this Agreement.
2.2 Prntitted U. Unless otherwise provided by this Agreement, the land use
rules, regulations ait ,official policies governing the permitted uses of the Subject Property,
governing density, design, improvement, and construction standards and specifications,
applicable to development of the property shall be the Applicable Land Use Regulations.
Pursuant to Government Code section 65866, the City in subsequent land use actions applicable
to the Property may apply new rules, regulations, and policies which do not conflict with the
Applicable Land Use Regulations.
2.3 Future Developer Requested Land Uses Changes. Developer may request but
shall not be entitled to any change, modification, revision or alteration in Applicable Land Use
Regulations. Any change in the Applicable Land Use Regulations shall be subject to review and
approval by the City in accordance with the San Juan Capistrano Municipal Code (the
7uEi2Ha+3-31.942f413.4
"Municipal Code") requirements as they relate to modification of such land use entitlement
requirements. City and Developer agree that any change in the Applicable Land Use
Regulations approved by City and Developer shall be incorporated into the terms of this
Agreement by and amendment to this Agreement.
2.4 Tentative Tract Map Extension. Pursuant. to the provisions of Government
Code Section 66452.6, the Vesting Map and any subsequent tentative subdivision map or
tentative parcel map approved in connection with development of the Subject Property is hereby
granted an extension of time for a period equal to the term of this Agreement. Developer shall
be entitled to record a final subdivision map that is in substantial compliance with the Vesting
Map which final map application is complete and filed, prior to the termination of this
Agreement.
2.5 Developer's Obligation to Pay Current Impact and Service Fees. Subject to
any fee credits provided by the terms of the Municipal Code, Developer shall pay to City any
applicable the public facilities impact mitigation and service fees in effect at such time as the
fees are due.
2.6 Future Voter Actions. Notwithstanding any other provision of this Agreement
to the contrary, any general plan amendment, zoning ordinance or regulation, or any other law,
policy, or procedure adopted by the voters of the City after the Execution Date of this Agreement
shall not apply, in whole or in part, t the Subject Property, unless such voter approved
amendments expressly further.the development of the'Subject Property. Additionally, because
the Supreme Court held in'Pardee Construction Co. v. City of Camarillo (1984) 37 Cal.3d 465
that the failure of the parties therein to provide for the timing of development permitted a later
enacted ordinance restricting the timing of development, it is the intent of the Developer and the
City to hereby acknowledge and provide a right for the Developer to develop the Project in such
an order and at such rate and time as Developer deems appropriate within the exercise of its sole
and subjective business judgment pursuant to the Applicable Land Use Regulations.
4i7 Reser**filon of Authority/Exceptions. Notwithstanding any other provision of
this Agreement, the following additional subsequent land use regulations shall apply to the
development of the Subject Property:
(a) Processing fees and charges of every, kind and nature imposed or enacted
by the City to cover the estimated actual costs to the City of processing applications for land use
approvals or for monitoring compliance with applicable land use approvals;
(b) Procedural regulations consistent with this Agreement relating to hearing
bodies, applications, notices, findings, records, hearing, reports, recommendations, appeals and
any other matter of procedure;
(c) Changes adopted by the International Conference of Building Officials, or
other similar body, as part of the then most current versions of the Uniform Building Code,
Uniform Fire Code, Uniform Plumbing Code, Uniform Mechanical Code, National Electrical
Code, or Dangerous Building Code.
70026443-370026413 4 4
(d) Regulations that are in conflict with Developer's project provided
Developer has given written consent to the application of such regulations to the Subject
Property.
(e) Federal, state, county, and multi jurisdictional laws and regulations which
the City is required to enforce as against the Subject Property or development of the Subject
Property.
(f) Sewer and water connection fees which would ordinarily be required to be
paid by Developer, subject to the provisions of Section 2.5.
(g) Regulations that do not apply to the development of the Subject Property
but to future potential temporary uses such as temporary use permits.
2.8 Modification or Suspension by Federal, State, County, or Multi -
Jurisdictional law. In the event that federal,: state, county, or multi jurisdictional 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 federal, state, county, or multi -
jurisdictional laws or regulations, and 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 provision impractical to enforce.
ARTICLE 3. REVIEW FOR -COMPLIANCE
3.1 Periodic Review. The City Council shall review this Agreement annually, on or
before the anniversary of the Effective Date, in order to ascertain the good faith compliance by
Developer, with the terms of the Agreement. As part of that review, Developer shall submit an
annual monitoring review statement describing its actions in compliance with the Agreement, in
a form acceptable to, the City Manager or his/her authorized designee, within thirty (30) days
after eac anniversary,d4te of the Effective Date of this Agreement. The statement shall be
accompanied by an annual review fee as specified in the City's adopted fee resolution. No
failure on the part of the City to conduct or complete the review as provided herein shall have
any impact on the validity of this Agreement.
3.2 Special Review. The City Council may, in its sole and absolute discretion, order
a special review of compliance with this Agreement at any time at City's sole cost. Developer
shall cooperate with -the City in the conduct of such special reviews.
3.3 Procedure. Each Party shall have a reasonable opportunity to assert matters
which it believes have not been undertaken in accordance with the Agreement, to explain the
basis for such assertion, and to receive from the other Party a justification of is position on such
matters.
3.3.1 If on the basis of the Parties' review of any terms of the Agreement,
either Party concludes that the other Party has not complied in good faith with the terms of the
Agreement, then such Party may issue a written "Notice of Non -Compliance" specifying the
grounds therefore and all facts demonstrating such non-compliance.
7e42643-47026413 4 5
3.3.2 The Party receiving a Notice of Non -Compliance shall have thirty (30)
days to cure or remedy the non-compliance identified in the Notice of Compliance, or if such
cure or remedy is not reasonably capable of being cured or remedied with such thirty (30) days
period, to commence to cure or remedy the non-compliance and to diligently and in good faith
prosecute such cure or remedy to completion.
3.3.3 If the Party receiving the Notice of Non -Compliance does not believe it
is out of compliance and contests the Notice, it shall do so by responding in writing to said
Notice within ten (10) calendar days after receipt of the Notice.
3.3.4 If the response to the Notice of Non -Compliance has not been received
in the offices of the Party alleging the non-compliance within the prescribed time period, the
Notice of Non -Compliance shall be presumed to be valid unless good cause exists for not
responding within the time period.
3.3.5 If a Notice of Non -Compliance is contested, the Parties shall, for a
period of not less than fifteen (15) days following receipt of the response, seek to arrive at a
mutually acceptable resolution of the matter(s) occasioning the Notice. In the event that a cure
or remedy is not timely effected or, if the Notice is contested and the Parties are not able to arrive
at a mutually acceptable resolution of the matter(s) by the end of the fifteen (15) day period, the
party alleging the non-compliance may thereupon pursue the remedies provided in Section 5.4 of
this Agreement.
3.3.6 Neither Party hereto shall be deetaed in breach if the reason for
noncompliance is due t6'if force majeure" as defined in, and subject to the provisions of Section
10.7 below.
3.4 Certificate of Agreement Compliance. If, at the conclusion of a periodic or
special review, Developer is found to be in compliance with this Agreement, City shall, upon
request by Developer,issue a Certificate of Agreement Compliance ("Certificate") to Developer
stating fhat after the ftiost recent Periodic or Special Review and based upon the information
known or made known to the City Council that (1) this Agreement remains in effect and that (2)
Developer is in compliance. The Certificate, whether issued after a Periodic or Special Review,
may be in recordable form if required, shall contain information necessary to communicate
constructive record notice of the finding of compliance, and shall state that the Certificate
expires upon thv earlier of (i) one (1) year form the date thereof, or (ii) the date of recordation of
a Notice of Termination -cif -Development Agreement. Additionally, Developer may at any time
request from the City a Certificate stating, in addition to the foregoing, which obligations under
this Agreement have been fully satisfied with respect to the Subject Property, or any lot or parcel
within the Subject Property. Developer may record the Certificate with the County Recorder. If
City does not expressly issue a Certificate, or expressly decline to issue a Certificate within 15
calendar days of after the conclusion of the periodic or special review, a Certificate shall be
deemed to have been provided to Developer.
q4Q-64u6
ARTICLE 4. TERMINATION/DEFAULT AND REMEDIES
4.1 Termination for Default by Developer. The City may terminate this Agreement
for any failure of Developer to perform any of its material duties or obligations hereunder to
comply in good faith with the terms of this Agreement (hereinafter referred to as "default" or
"breach"); provided, however, the City may terminate this Agreement pursuant to this Section
only after following the procedure set forth in Section 4.3.
4.2 Termination of Agreement for Default of City. Developer may terminate this
Agreement pursuant to this Section only after following the procedure set forth in Section 4.3
and thereafter providing written notice by Developer to the City of the default setting forth the
nature of the default and the actions, if any, required by the City to cute such default and, where
the default can be cured, the failure of the City to cure such default within thirty (30) days after
the effective date of such notice or, in the event that such default cannot be cured within such
thirty (30) day period, the failure of the City to commence to cure such default within such thirty
(30) day period and to diligently proceed to complete such actions and to cure such default.
4.3 Rights and Duties Following Termination. Upon the termination of this
Agreement, no Party shall have any further right or obligation hereunder except with respect to
(i) any obligations to have been performed prior to said termination, or (ii) any material default
in the performance of the provisions 6f this Agreement which has occurred prior to said
termination.
4.4 Dispute Resolution by Binding Arbitration. Subject to the notice of default and
opportunity to cure under Section 4.3, all disputd,% claims, and questions regarding the rights and
obligations of the Parties under the terms of this Agreement shall be resolved by binding
arbitration.
In case of a dispute, either party may make a demand for Arbitration by filing
such demand in writing with -the other party within ten (10) days after the notice of default and
cure ppopess has beett exhausted.`
The arbitrator-, shall be mutually selected by the Parties. In the event that the
Parties cannot agree on an arbitrator within ten (10) days, then one or both Parties shall file a
written request with the Judicial Arbitration and Mediation Service ("JAMS") for a list of nine
(9) potential arbitrators. Upon receipt of such list, the Parties shall promptly conduct a strike -off
of unacceptable names. A coin toss shall be initially conducted to determine which Party shall
strike off the first name.
Once the arbitrator is chosen, the Parties immediately shall forthwith request
JAMS to set an arbitration hearing not later than 120 days from date of the arbitration request.
Costs of the arbitration proceeding shall be shared equally.
4.5 Surety Bond. Nothing in this Article shall prevent City from making a demand
on the surety bond for untimely performance of the traffic mitigation measures set forth in
Exhibit A provided the provisions of section 4.3 have been complied with.
7
ARTICLE 5. THIRD PARTY LITIGATION
The City shall promptly notify Developer of any claim, action, or proceeding filed and
served against the City to challenge, set aside, void, annul, limit or restrict the approval and
continued implementation and enforcement of this Agreement. Developer agrees to fully defend
and indemnify the City for all costs of defense and/or judgment obtained in any such action or
proceeding. Developer shall assume the obligation of providing a legal defense in such
litigation, including the choice of defense legal counsel, unless otherwise provided for by mutual
stipulation of the Parties.
ARTICLE 6. MORTGAGEE PROTECTION
6.1 The Parties hereto agree that this Agreement shall not prevent or limit Developer
in any manner, at Developer's sole discretion, from encumbering the Subject, 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 Subject Property. The 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 Developer and
representatives of such lenders to negotiate in good faith any such request for interpretation or
modification. Subject to compliance with applicable laws, the City will not unreasonably
withhold its consent to any such requested interpretation or modification provided the City
determine such interpretation or modification is consistent wit the intent and purposes of this
Agreement.
6.2 Any Mortgagee of the Subject Property shall be entitled to the following rights
and privileges:
(a) Neither entering into this Agreement nor a breach of this Agreement shall
defeat, rendez invalid, diminish or impair the lien of any mortgage on the Subject Property made
in good fai*-Md for value, t Hess otherwise required by law.
(b) The Mortg of any mortgage or deed of trust encumbering the Subject
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 entitle to receive written notification
from the City of any default by Developer in the performance of Developer's obligations under
this Agreement.
(c) If the City timely receives a request from a Mortgagee requesting a copy
of any notice of default given to Developer under the terms of this Agreement, the City shall
make a good faith effort to provide a copy of that notice to the Mortgagee within ten (10) days of
sending the notice of default to Developer. The Mortgagee shall have the right, but not the
obligation, to cure the default during the period that is the longer of (i) the remaining cure period
allowed such Party under this Agreement or (ii) thirty (30) days.
(d) Any Mortgagee who comes in to possession of the Subject 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 Subject Property, or party thereof, subject to the terms of this
Agreement. Notwithstanding any other provision of this Agreement to the contrary, no
X6413-4100264.13 a 8
Mortgagee shall have an obligation or duty under this Agreement to perform any of Developer's
obligations or other affirmative covenants of Developer hereunder, or to guarantee such
performance; except that (i) to the extent that any covenant to be performed by Developer is a
condition precedent to the performance of a covenant by the City, the performance thereof shall
continue to be a condition precedent to the City's performance hereunder, and (ii) in the event
any Mortgagee seeks to develop or use any portion of the Property acquired by such Mortgagee
by foreclosure, deed of trust or deed in lieu of foreclosure, such Mortgagee shall strictly comply
with all of the terms, conditions and requirements of this Agreement and the Development Plan
applicable to the Subject Property or such part thereof so acquired by the Mortgagee.
ARTICLE 7. INSURANCE
Developer shall submit within 30 days from date of adoption of the ordinance approving
this Development Agreement to the City duplicate originals of policies and endorsements, or
appropriate certificates of insurance, of public liability insurance and broad form property
damage insurance policies in the amount of not.less than Two Million Dollars ($2,000,000),
combined single limits, for death and injury to ariy-porson and, property damage, naming the City
and its officers, officials, employees, agents, and representatives as additional insureds, and in
addition all such insurance:
(a) shall be primary insurance and not contributory with any other insurance
the City or its officers, officials, employees, agents, and representatives may have;
(b) shall contain no special limitations on the scope of protection affordable to
the City and its officers, officials, employees, agents, and representatives;
(c) shall be "date of occurrence" and not "claims -made" insurance;
(d) shall apply separately to each insured against whom claim is made or suit
is brought,; except with the respect to the limits of the insurer's liability;
(e) shall provide that the policy shall not be canceled by the insurer or
Developer unless there is a minimum of ninety (90) days prior written notice to the City;
(f) shall be endorsed to include a waiver of subrogation rights against the City
or its officers, Officials, employees, agents, and representatives; and
(g) shy otherwise be in a form acceptable to the Office of the City Attorney.
ARTICLE 8. INDEMNITY
Developer agrees to and shall indemnify, defend, and hold harmless the City and the
City's officers, officials, members, employees, agents, and representatives, from and against any
and all claims, liabilities, damages, and losses, including without limitation reasonable attorneys'
fees and litigation expenses, including court, courts and expert witness fees (collectively,
"Claims") arising out of City's approval of land use entitlements for Developer's project and this
development agreement; or due to the death or personal injury of any person, or physical damage
to any person's real or personal property, caused by construction of improvements by, or
74426443-3 74 426413.4
construction -related activities of, Developer or Developer's employees, agents, representatives,
servants, invitees, consultants, contractors, or subcontractors (collectively, "Developer's
Representatives") on the Subject Property, or for any construction defects in any improvements
constructed by Developer or Developer's Representatives on the Subject Property; provided,
however, that Developer shall not be required to indemnify the City for any and all misconduct
of the City, or the City's officers, officials, members, employees, agents, or representatives,
subject to any immunities which may apply to the City with respect to such Claims. The
foregoing indemnification provision shall survive the termination of this Agreement.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Entire Agreement. This Agreement sets forth -and contains the entire
understanding and agreement of the Parties with respect to the subject matter set forth herein,
and there are no oral or written representations, understandings or ancillary covenants,
undertakings or agreements which are not contained or expressly referred to herein. No
testimony of 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.
9.2 Severability. If any word, phrase, term, provision, clause, covenant or condition
of this Agreement shall be determined invalid, void or unenforceable, the invalid provision shall
be deemed to be severable from the, remaining provisions contained within the Agreement. The
Parties hereby state and acknowledge they would -have,-adopted each and every provision
contained within this Agreement notwithstanding the presence of an invalid provision.
9.3 Interpretation and Governing Law. 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, and the rule of
construction to he effect that ambiguities are to be resolved against the drafting party or in favor
of the -City shall not be employed in interpreting this Agreement, all Parties having been
represented by counsel in1he negotiation and preparation hereof.
9.4 Section Headings. All section headings and subheadings are inserted for
convenience only and shall not affect any construction or interpretation of this Agreement.
9.5 Waiver. Failure of 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.
9.6 No Third Party Beneficiaries. This Agreement is made an entered into for the
sole protection and benefit for the Parties and their successors and assigns. No other person shall
have any right of action based upon any provision of this Agreement.
9.7 Force Majeure. Upon the Effective Date of this Agreement, 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 earthquakes, other acts of God, fires, wars, riots or similar
74X1 (41FF -370026413 4 10
hostilities, strikes and other labor difficulties beyond the party's control (including the Party's
employment force), court actions (such as restraining orders or injunctions), or other causes of a
similar nature beyond the Party's reasonable control. If any such events shall occur, the term of
this Agreement and the time for performance shall be extended for the duration of each such
event, provided that the term of this Agreement shall not extended under any circumstances of
more than five (5) years.
9.8 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.
9.9 Litigation Expenses. In the event of any action pursuant to section 5.4 between
the City and Developer seeking enforcement of any of the terms and conditions to this
Agreement, the prevailing party in such action shall be awarded, in addition to such relief to
which such party entitled under this Agreement, its reasonable litigation' costs and expenses,
including without limitation its expert witness fees and reasonable attorneys' fees.
9.10 Covenant Not to Sue. The Parties to this Agreement, and each of them, agree
that this Agreement and each term hereof is legal, valid, binding, and enforceable. The Parties to
this Agreement, and each of them, hereby covenant and agree that each of them will not
commence, maintain, or prosecute any claim, demand, cause of action, suit, or other proceeding
against any other Party to this Agreement, in law or in equity, or based on an allegation, or assert
in any such action that this Agreement or any term hereof is void, invalid, or unenforceable
under the Development Agreement legislation.
9.11 Project as a Private Undertaking. It is specifically understood and agreed by
and between the Parties that the Development of the Subject 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 the City and Developer is that of a
government entity regulating the Development of private property, on the one hand, and the
holder of a legal or equitable interest in such property and as a current or future holder of fee title
to such property, on the other hand.
9.12 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,
with acknowledgment or affidavit if reasonably required, 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. The provisions of
this Section 10.12 shall not require the taking of any actions which are prohibited by law or,
except as expressly set forth in this Agreement, impair the lawful legislative discretion of the
City as to those matters to which the law imparts legislative discretion to the City.
740071 37002_641].A 11
9.13 Corporate Authority. The person(s) executing this Agreement on behalf of each
of the Parties hereto represent and warrant that (i) such Party are duly organized and existing, (ii)
they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so
executing this Agreement such Party is formally bound to the provisions of this Agreement, and
(iv) the entering into this Agreement such Party is formally bound to the provisions of this
Agreement, and (iv) the entering into this Agreement does not violate any provision of any other
agreement to which such Party is bound.
9.14 Notices. All notices under this Agreement shall be effective upon personal
delivery, via facsimile so long as the sender receives confirmation of successful transmission
from the sending machine, or three (3) business days after deposit in the United States mail, first
class, postage fully prepaid and addressed to the respective Parties as set forth below or as to
such other address as the Parties may from time to time designate in writing:
To City: City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano 92675
Attn: City Manager
Facsimile: (949)488-3874
To Developer: Advanced Group 99 -SJ
22974 Toro Road
Lake Fore C1 .92630 -.
Facsimile: (949) 595=5901
Copy to: Manatt, Phelps and Phillips, LLP
695 Town Center Drive, 14th Floor
Costa Mesa, CA 92626
Attn: Roger A. Grable, Esq.
Facsimile: (714) 371-2537
9.15 Non -liability of City Officials. No officer, official, member, employee, agent, or
representatives of -the City shall be liable for any amounts due hereunder, and no judgment or
execution thereon entered in any action hereon shall be personally enforced against any such
officer, official, member, employee, agent, or representative.
9.16 Time of the Essence. The Parties expressly acknowledge and that time is of the
essence in the performance of the provisions of this Agreement.
9.17 Execution Date. The Execution Date of this Agreement is that date on which all
parties have executed this Agreement.
9.18 Effective Date/Condition Subsequent. This Agreement shall not go into effect
until the earlier of the occurring of the following: (a) 5 days following the lapsing of any and all
70026443.370026413 4 12
statutes of limitation applicable to any legal challenge to this Agreement, and to any and all
environmental impact reports prepared in connection with this Agreement, or (b) 5 days
following the entry of a final, non -appealable judgment in any action challenging this
Agreement, and any and all environmental impact reports prepared in connection with this
Agreement.
9.19 Survival Clause. Notwithstanding Section 1.4 of this Agreement, Section 2.5,
Developer's Obligation to Pay Current Impact and Service Fee and Section 2.71 Reservation of
Authority/Exceptions shall survive the termination of this Agreement for a period of 20 years.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day
and year first set forth above.
City: CITY OF SAN JUAN CAPISTRANO
Lo
Attest:
By:
Meg Monahan, City Clerk
APPROVE AS TO FORM:
By:
John Shaw, City Attorney
Wyatt Hart, Mayor, City of San Juan Capistrano
ADVANCED GROUP 99 -SJ a California limited partnership
In
General Partner
7W42-64+� -3,7026413 A 13
STATE OF CALIFORNIA )
) SS.
COUNTY OF )
On 2005, before a Notary Public, personally
appeared personally known to me -OR- [ ] proved
to me on the basis of satisfactory evidence to be the person whose name is subscribed to the
within instrument and acknowledged to me that he executed the same in his authorized capacity,
and that by his signature on the instrument the person, or the entity upon behalf of which the
person acted, executed the instrument.
Witness my hand and official seal.
Signature of Notary
704264lkIM26413 4 14
PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT
State of California )
County of Orange ) ss.
City of San Juan Capistrano )
(Gov't Code 40814 & Civil Code 1181)
On 2005 before me, Margaret R. Monahan, City Clerk, personally appeared
personally known to me to be the person whose name is subscribed to
the within instrument and acknowledged to me that he executed the same in his authorized
capacity, and that by his signature on the instrument the person, or the entity upon behalf of
which the person acted, executed the instrument.
(SEAL) Witness my hand and official seal.
Capacity Claimed by Signers
Mayor
Title
Signers are Representing
City of San Juan Capistrano
Margaret R. Monahan, City Clerk
OPTIONAL
Description of Attached Document
Development Agreement
Exhibit A-1
Legal Description
Exhibit A-2
Vesting Tentative Tract Map 14343
AGENDA ITEM July 12, 2005
TO: Planning Commission
FROM: Planning Department
SUBJECT: Development Agreement for Vesting Tentative Tract Map (TTM)14343, San
Juan Meadows; a development agreement for an approved tentative tract
map to develop 275 single-family detached lots and a parcel for future senior
housing development on a 135.63 acre parcel located along the south side
of La Novia Avenue and about 300 feet east of Valle Road (APN# 666-311-
02, 03 & 4)(Applicant: Advanced Group 99-SJ)(Project Mgr: William Ramsey, AICP,
Principal Planner)
RECOMMENDATION
By motion, recommend City Council approval of a Development Agreement for Vesting
Tentative Tract Map (TTM) 14343, San Juan Meadows.
SITUATION
A. SUMMARY AND RECOMMENDATION
Advanced Group 99 -SJ has requested approval of a development agreement for
property that was subject to Vesting Tentative Tract Map (TTM) 14343 approved by
the City Council on February 17, 1998. The development agreement is intended to
extend the term of the map to allow the applicant to complete processing of the
Forster Canyon Landfill Closure Plan and Post -closure Maintenance Plan. The City
would benefit from the closure of the landfill and from payment of all City fees in
effect at the time that payment of fees would be due. The development agreement
would be for a term of five years with a provision for a two year extension at sole
discretion of the City Council (see Attachment 1, Draft Development Agreement for
the "San Juan Meadows" Property),
B. BACKGROUND
1. General Plan Designation: The property is General Plan -designated Planned
Community.
ATTACHMENT 2
PC Agenda Item 2 July 12, 2005
2. Zoning Designation: The project site is zoned "PC" (Planned Community) and
subject to Comprehensive Development Plan 81-01, Forster Canyon Planned
Community.
3. Environmental Review: This project has been previously reviewed in
accordance with the California Environmental Quality Act (1970) and the City
Council certified a Final Environmental Impact Report (EIR) on July 21, 1992 in
conjunction with the original approval of Vesting Tentative Tract Map (TTM) 14343.
The City Council subsequently approved a Mitigated Negative Declaration (MND) on
February 17, 1998 in conjunction with Revised Tentative Tract Map (TTM) 14343
(see Attachment 2, City Council Resolution 98-2-17-2 Approving a Mitigated
Negative Declaration for Vesting Tentative Tract Map 14343). The Environmental
Administrator has determined that all project impacts have been addressed by the
previously approved environmental documentation and no further environmental
review is necessary.
4. Community Redevelopment Agency: Not applicable.
5. Prior Entitlements: On July 21, 1992, the City Council certified Final
Environmental Impact Report (FEIR) 92-02, San Juan Meadows for a previous
project consisting of General Plan amendment, zone change, vesting tentative tract
map, architectural control applications, and a development agreement. The City
Council -certified EIR included adoption of a "Statement of Overriding
Considerations". The 1992 project consisted of one -hundred and fifty-five (155)
single family detached lots, one -hundred and twenty (120) townhouses, a senior
housing site for developing one -hundred and eighty (180) senior housing units, an
8.7 acre dedicated public use site, and a nine -hole, executive golf course on the
closed landfill. The City Council approved the general plan amendment, zone
change and development agreement and conditionally approved the vesting
tentative tract map.
The re -closure of the Forster Canyon Landfill is an important component of the
project that is under the permit authority of the San Diego Regional Water Quality
Control Board (RWQCB) and the South Coast Air Quality Management District
(SCAQMD). City jurisdiction over the re -closure is limited to the site development
plan for reuse of the landfill surface (cover). On August 11, 1994, the RWQCB
adopted Order No. 94-106 establishing specific closure and post -closure
maintenance requirements for the landfill, and conditionally approving the Final
Closure Plan (one volume) and the Final Post -Closure Plan (Volumes 1 -III).
On February 17, 1998, the City Council conditionally approved Revised Tentative
Tract Map (TTM) 14343, San Juan Meadows for revisions to the vesting tentative
tract map (Attachment 3, City Council Resolution 98-2-17-3 Conditionally Approving
Vesting Tentative Tract Map 14343). The 1998 revised tract map consisted of two-
PC Agenda Item 3 July 12, 2005
hundred and seventy-five (275) single family detached lots and a senior housing site
for future development of one -hundred and sixty-five (165) affordable senior
housing units, and an alternative 2.0 acre public dedication site along Street "A".
The applicant is presently processing plans with the RWQCB to amend the Landfill
Closure Plan and the Landfill Post -Closure Maintenance Plan.
6. Commission/Board Review and Recommendations: Following Planning
Commission review, the development agreement will be subject to review and final
action by the City Council.
C. Project Description
The project consists of a proposed Development Agreement for the development of
the San Juan Meadows property, a 135.63 acre parcel located along the south side
of La Novia Avenue and subject to Vesting Tentative Tract Map (TTM) 14343. The
agreement contains various substantive provisions including the following:
• Section 1.4 establishes an initial term of 5 years with a potential 2 year
extension at the sole discretion of the City Council.
• Section 2.1 incorporates the planning entitlements granted under the
approval of Vesting Tentative Tract Map (TTM) 14343.
• Section 2.4 extends the life of Vesting Tentative Tract Map (TTM) 14343
which otherwise would expire on September 16, 2005.
• Section 2.5 requires that the developer pay all City impact mitigation fees,
service fees, and processing fees based on that fee schedule in effect at the
time such payment would be due (instead of the 1998 fees as provided by
the vesting tentative map).
The agreement would provide adequate time for the applicant to secure San Diego
Regional Water Quality Control Board (RWQCB) approval and South Coast Air
Quality Management District approval of the Forster Canyon Landfill Closure Plan
and Post -closure Maintenance Plan.
D. Staff Analysis
Staffs analysis focuses on those provisions of the agreement which were important
provisions with respect to protecting the City's interests and assuring consistency
with the City's General Plan and Title 9, Land Use Code.
Section 1.4 of the draft Agreement would establish an initial term of 5 years with a
potential 2 year extension at the sole discretion of the City Council. As a matter of
policy, the City has limited the initial term of development agreements to not more
than 5 years. The San Juan Meadows project warrants a 5 year term because the
site requires both landfill closure and landslide stabilization work and such must be
PC Agenda Item 4 July 12, 2005
completed before final maps can be approved by the City. The time to complete
these improvements, as well as secure necessary permit approvals from the City
and other regulatory agencies will require significant additional time to the overall
development timeline. The applicant has submitted plans for amending the Landfill
Closure Plan to the San Diego Regional Water Quality Control Board (RWQCB).
The Board is presently processing that amendment. Because of the required landfill
closure and landslide stabilization, staff estimates that the project could require at
least 18 to 24 months of additional time above and beyond that required for precise
grading, infrastructure construction, and homebuilding. Consequently, staff
recommends that the Commission find that additional time is warranted to
accommodate the requirements of outside agencies with permitting authority over
the closure of the Old Forster Canyon Landfill as well as the actual landfill closure
work.
Section 2.1 of the draft Agreement would assure the developer's right to develop the
property under the planning entitlements established by the Comprehensive
Development Plan (CDP 81-01) and Revised Tentative Tract Map (VTTM) 14343.
The tract map approval establishes the overall development plan and under the
entitlement, the developer could develop two -hundred and seventy-five (275) single
family detached lots and, in the future, apply for approval of a senior housing site for
one -hundred and sixty-five (165) senior housing units. The final map would be
required to be consistent with the Vesting Tentative Tract Map and the provisions of
CDP 81-01,
Section 2.4 of the draft Agreement would extend the life of VTTM 14343 which
otherwise would expire on September 16, 2005. With the extension, the revised
tract map would be valid until the year 2010.
Section 2.5 of the draft Agreement requires that the developer pay all City impact
mitigation fees and processing fees based on those fees in effect at the time
payment is due. As a vesting map, the project is now required to pay those fees in
effect at the time the tentative map was approved on February 17, 1998. At that
time, the City had not adopted the Capistrano Circulation Fee Program (CCFP).
Further, the City has recently increased water service fees to fund implementation
of the City's Domestic Water Master Plan (DWMP). Under the City's current fee
schedule, staff estimates that the project would be required to pay total City impact
and service fees of $17.8 million. This fee estimate would be adjusted to reflect any
fee increase during the term of the agreement.
Conclusion
The San Juan Meadows project is rather unique because it requires landfill closure
and landslide stabilization as well as City and outside agency approval of permits to
complete such work. The City's previous approval of Tentative Tract Map (TTM)
PC Agenda Item 5 July 12, 2005
14343 requires that this work be completed and approved by the City, before any
final map can be approved. The development agreement would provide adequate
time for the developer to secure the necessary permits and complete both the
landfill closure and landslide stabilization. The primary benefits to the City would
include eliminating potential health hazards from leachate leaking from the landfill
face, stabilizing the site and preventing continuing damage to retaining walls and
infrastructure in the Capistrano Terrace Mobilehome Park, and providing arterial
road improvements that would serve the overall community.
PUBLIC NOTIFICATION
Pursuant to Title 9, Land Use Code, Section 9-2.335, Public Hearings of Title 9, a public
hearing notice has been mailed to all property owners (as listed on the Orange County
Real Property Tax Assessment rolls) within five -hundred (500) feet of the project, has been
published in the Capistrano Valley News, and posted at three public locations (see
Attachment 4, Public Hearing Notice). Copies of this agenda item have been provided to
the project applicant and their representative.
RECOMMENDATION
By motion, recommend City Council approval of a Development Agreement for Vesting
Tentative Tract Map (TTM) 14343, San Juan Meadows.
Respectfully submitted,
Molly B h U
Planning Director
Prepared by,
< 0 UG�,/�
WI lam A. Ramsey, AICP
Principal Planner (/
PAPlanningyuchive\TTM PROJECTS\T16221-DevAgree-Honeyman\t16221-DevAgree-PCai-2004nov23-fnal.doc
Attachments:
1, Draft Development Agreement for the "San Juan Meadows" Property.
2, City Council Resolution 98-2-17-2 Approving a Mitigated Negative Declaration for
Vesting Tentative Tract Map 14343, San Juan Meadows.
3, City Council Resolution 98-2-17-3 Approving Vesting Tentative Tract Map 14343, San
Juan Meadows.
4, Public Hearing Notice.