1988-0926_MARBELLA DEVELOPMENT CO_Development Agreement•� 88-488653
RECORDING REQUESTED BY, AND
WHEN RECORDED, MAIL TO:
City Clerk's Department
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, California 92675
Capistrano
WITH A COPY TO:
"City14y"
Recording Fees exempt due
to California Government
Code Section 6103
Documentary Transfer Tax -
No Consideration
Mary H r, City Clerk
City San Juan
Jay F. Palchikoff
Pettis, Tester, Kruse & Krinsky EXEMPT
18881 Von Karman, 16th Floor
Irvine, California 92715 C 2
RECORDED
ANEIRECORDS ORGCOUNTY, OFFICIAL
4'M.
N.M. SEP 2 61988
(Space Above This Line for Recorder's Use)
DEVELOPMENT AGREEMENT
BETWEEN
THE CITY OF SAN JUAN CAPISTRANO
AND MARBELLA DEVELOPMENT COMPANY
PERTAINING TO THE DEVELOPMENT KNOWN AS
MARBELLA GOLF AND COUNTRY CLUB
09-01-88
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DEVELOPMENT AGREEMENT 88-488653
THIS DEVELOPMENT AGREEMENT (the "Agreement") is entered into
this 20th day of September , 1988 by
and between the CITY OF SAN JUAN CAPISTRANO, a municipal
corporation, hereinafter referred to as City, and MARBELLA
DEVELOPMENT COMPANY, a California general partnership,
hereinafter referred to as Owner, pursuant to the authority of
Sections 65864 through 65869.5 of the California Government Code.
1. Authority and Purpose.
To strengthen the public planning process, encourage private
participation in comprehensive planning, and reduce the economic
costs of development, the Legislature of the State of California
adopted Government Code Sections 65864 et seq. (the "Development
Agreement Legislation"), which authorize the City to enter into
development agreements with any person having a legal or
equitable interest in real property for the development of such
property in order to provide assurance to the applicant for a
development project that upon approval of the project, the
applicant may proceed with the project in accordance with
existing policies, rules and regulations, subject to conditions
of approval.
City believes that it is appropriate to enter into a
development agreement pursuant to the Development Agreement
Legislation for the real property described herein to ensure that
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the approved project discussed herein is completed in the manner
intended by the Owner and the City.
2. Status of Owner.
Owner is a general partnership organized under the laws of
the State of California and is in good standing thereunder.
3. Relationship of owner to Property.
Owner owns in fee or otherwise retains a legal or equitable
interest in approximately 327 acres of real property within the
City (the "Property"), as more particularly described in
Exhibit A attached hereto and made a part hereof, on which Owner
desires to develop the Project (as hereinafter defined) as set
forth in this Agreement. The development of the Project requires
substantial investments on the construction and installation of
major infrastructure and facilities on-site and off-site in order
to make the Project feasible.
4. Status of Project Approval.
On June 2, 1987, the City of San Juan Capistrano approved
certain land use entitlements, following compliance with all
requirements of the California Environmental Quality Act ("CEQA")
for the Project. The Project consists of the following uses:
single-family residential, multi -family residential, golf course
and clubhouse, and certain commercial uses, all as more
particularly provided for in the Rezoning Approval (as
hereinafter defined). The project entitlements (collectively,
the "Development Approvals") consist of:
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(a) General Plan Amendment 86-4 adopted by City Council
Resolution 87-6-2-7 providing for certain land use
designations for the Property.
(b) Rezoning ordinance approving Rezoning 86-4 zoning the
Property "PC CDP/86-4"
(c) Tentative Map Approval 12954.
(d) Final Map approval by City Council on January 19, 1988.
5. Environmental Review .
On June 2, 1987, the City Council, by Resolution 87-6-2-8,
certified, after making the appropriate findings, the final
Environmental Impact Report for the Project in conjunction with
the Development Approvals.
6. Overview of Development Agreement Review.
(A) Planning Commission Review.
On August 9, 1988, the Planning Commission of City
considered the application for approval of this
Agreement, an Expanded Initial Study dated July, 1988
conducted pursuant to CEQA for this Agreement (the
"Expanded Initial Study"), the requirements of CEQA,
including Section 21166 of the California Public
Resources Code and Section 15162 of the CEQA
Guidelines. After conducting a duly noticed public
hearing in compliance with the requirements of
Government Code Section 65667, the Planning Commission,
the hearing body for purposes of development agreement
review pursuant to Government Code Section 65867, found
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and determined that (i) the EIR previously certified by
the City Council for the Project is adequate to serve
as the required environmental documentation for this
Agreement and satisfies all of the requirements of
CEQA, and no further environmental documentation need
be prepared for this Agreement; and (ii) this Agreement
is consistent with the PC\CDP Zone of the City's
existing General Plan and is otherwise consistent with
all other elements of the City's General Plan; and, by
motion duly adopted, recommended approval of this
Agreement to the City Council.
(B) City Council Review.
On September20 , 1988, the City Council,
after considering the application for approval of this
Agreement, the Expanded Initial Study, the requirements
of CEQA, including Section 21166 of the California
Public Resources Code and Section 15162 of the CEQA
Guidelines, and after conducting a duly noticed public
hearing in compliance with the requirements of
Government Code Section 65867, found and determined
that (i) the EIR previously certified by the City
Council for the Project is adequate to serve as the
required environmental documentation for this Agreement
and satisfies all of the requirements of CEQA, and no
further environmental documentation need be prepared
for this Agreement; (ii) this Agreement is consistent
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with the PC\CDP Zone of the City's existing General
Plan and is otherwise consistent with all other
elements of the City's General Plan; and (iii) this
Agreement is entered into pursuant to and constitutes a
present exercise of the City's police power; and, the
City Council approved this Agreement, and adopted
Ordinance No. 634 authorizing the
execution of this Agreement.
7. Scope of Project Development.
(A) Mutual Benefits of Project.
This Agreement is entered into for the purpose of
carrying out the Development Approvals for the Project
in a manner that will ensure certain anticipated
benefits to both City and Owner as set forth in this
section. In addition to ensuring that this Project can
be carried forward without significant delay due to
unforeseen future restrictive changes in land use
policies, City will also receive direct and indirect
benefits from the following:
(a) Creating an opportunity for comprehensive planning
of a large land area within the City for a
development which integrates a mixture of land
uses in an environmentally, socially and
economically responsible way;
(b) Creating a championship level membership golf
course which is intended to create a visually
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pleasing land use, while preserving a large amount
of open space in the valley floor and the
surrounding hillside;
(c) Reserving nearly one-third of the Property for
natural open space, including the open space on
the prominent hillsides and ridge lines, of which
51 acres will be dedicated to the City as open
space. Particularly, the knoll known as
"Helicopter Hill" will be dedicated to the City to
be retained in its existing condition, in
conformance with the City's Hillside Development
ordinance;
(d) Preserving eucalyptus groves and dry woodland
stands which will provide excellent visual
separation from the Property and adjacent
properties;
(e) Integrating an equestrian -hiking trail linkage
along the Project's perimeter connecting riders
with adjacent developments and City trails which
will be designed and located so as to be
consistent with the City's master plan of trails;
(f) Facilitating the development of a new fire station
on the Property by dedication of a 4.6 acre Public
Institutional site to the City, on which site such
fire station will be built;
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(g) Securing offsite road improvements to Rancho Viejo
Road from the northerly boundary of the Property
to Junipero Serra Road; and
(h) Contributing to the offsite bridge improvements to
the Trabuco Creek Bridge.
By entering into this Agreement and relying thereupon,
Owner is obtaining vested rights to proceed with the
Project in accordance with the terms and conditions of
this Agreement, and in accordance with, and to the
extent of, the Development Approvals under the
statutory rights conferred by the Development Agreement
Legislation.
(B) Existing Rules, Regulations and Policies.
Except as otherwise specified in this Agreement, 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 are those rules, regulations and official
policies in force as of the execution of this
Agreement.
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(C) Permitted Uses of the Property.
(a) Permitted Uses.
The permitted uses of the Property, the density
and intensity of use, the maximum height and size
of proposed buildings, provisions for reservation
or dedication of land for public purposes, and
location of public improvements, and other terms
and conditions of Owner applicable to the Project
shall be those as set forth in this Agreement and
the Development Approvals set forth in Paragraph 4
of this Agreement. The specific permitted uses of
the Property are those set forth in the Exhibits
to the Rezoning Approval.
(b) Other Land Use Entitlements Required.
Subject to all other provisions of this Agreement,
Owner acknowledges that certain areas to be
developed within the Project are subject to and
will require certain additional land use
approvals. These include:
(i) Architectural (AC) approval for any multi-
family (M -f) unit project proposed for the
multi -family area of the Project;
(ii) Architectural (AC) approval for any project
proposed within the specific plan development
(SPD) area;
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(iii) Architectural (AC) approval for any project
proposed within the neighborhood -commercial
(CN) area;
(iv) Subdivision tentative and final map approvals
for any project within the (M -f), (SPD), or
(CN) areas wherein Owner proposes to
subdivide land or air spaces.
The above stated land areas are depicted on Exhibit 8
to the Rezoning Approval.
The AC approvals are discretionary land use approvals
as provided for in Municipal Code Section 9-2.306.
(D) Procedure for Owner Requested Changes to the Project.
Owner shall not be entitled to any change,
modification, revision, or alteration in the
Development Approvals relating to the duration of this
Agreement, the permitted uses of the Property, the
maximum density or intensity of use of the Property as
a whole, the maximum height and size of proposed
buildings, or the provision for reservation or
dedication of land for public purposes without review
and approval by City pursuant to existing provisions of
the Municipal Code relating to subsequent modification
of land use approvals. Upon any such amendment of the
Development Approvals, this Agreement shall be amended
accordingly.
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(E) Amendments to the Development Approvals. Subject to
the preceding paragraph 7(D), the parties acknowledge
that refinements and further development of the Project
may demonstrate that changes, modifications, revisions
or alterations are appropriate with respect to the
Development Approvals, including modifications in the
distribution of dwellings among sites within the
Property so long as the total number of dwelling units
does not increase over 347 (not including those that
may be approved for Lot 220). In the event City
approves any such amendments to the Development
Approvals, such amendments shall not constitute an
amendment to this Agreement, nor shall Owner be
required to process an amendment to this Agreement in
connection therewith. The parties acknowledge that if
and when such amendments are made to the Development
Approvals, Owner shall continue to retain vested rights
to proceed with the Project in accordance with the
terms and conditions of this Agreement to the extent
that the Development Approvals are not amended and
subject to the effect of any amendment the parties may
make to this Agreement.
(F) Relationship of City's Plan Control Growth Ordinance to
Project Approvals.
City has enacted zoning regulations (Municipal Code
Section 9-7.01, et seq.) which restrict construction of
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residential units within the City to a total of 400 per
year. Owner's project shall be interfaced with these
statutory requirements through the allocation of
building permits to Owner with respect to the Project
on a priority basis as to other persons who may apply
to the City for building permits, as according to the
schedule set forth in Section 6.0 of the Rezoning
Approval. The parties acknowledge that Owner cannot at
this time predict when or the rate at which phases of
the Property will be developed. Such decisions depend
upon numerous factors, some of which are not within the
control of Owner, such as market orientation and
demand, interest rates, absorption, completion and
other similar factors. Therefore, City agrees that
subject to the phasing of building permit allocations
set forth in Section 6.0 of the Rezoning Approval,
Owner shall have the right to develop the Property in
such order and at such rate and at such times as Owner
deems appropriate within the exercise of its subjective
business judgment.
8. Public Improvements and Fees and Assessments.
(A) Fees and Assessments.
Owner shall pay all standard City-wide processing fees
for building permits, administrative plan check, and
other similar fees associated with development of the
Project which are in existence at the time of execution
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of this Development Agreement at the rate in existence
at the time said fees are normally required to be paid
to City. Notwithstanding the preceding sentence, Owner
shall not be required to pay any park and recreational
fees for the first 347 dwelling units in the Project,
since Owner has dedicated Lot B within the Property to
City to satisfy such fee. In addition, the Trabuco
Creek Bridge Improvement Fee in the amount of $114,196
for the first 347 dwelling units shall be deferred and
repaid from the collected system development fees from
the development of the Project.
(B) Dedications and Exactions.
The dedications and exactions required of Owner under
this Agreement shall be those required by the
Development Approvals. City shall not levy or require
any further dedications or exactions in connection with
the development of the Project, except that Owner shall
be subject to other dedication and exaction
requirements in connection with the obtaining of those
additional land use approvals which still must be
acquired from the City as specified in paragraph
7(B)(b) of this Agreement provided such dedication or
exaction requirements are not extraordinary (including,
without limitation, as to the amount, time and method
of payment) in comparison with dedication and exaction
requirements imposed by City as of the execution of
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ii ' ii•
this Agreement in connection with applicants' obtaining
similar land use approvals for other development
projects.
(C) Reserved Authority.
(a)
Uniform Codes.
This Agreement does not prevent City from applying
new rules, regulations and policies relating to
uniform codes such as the Uniform Building Code,
Uniform Electrical Code, and Uniform Mechanical,
Plumbing and Fire Codes which are based on
recommendations of a multi -state professional
organization and become applicable throughout City
provided such amendments are related to matters of
public health and safety.
(b) State and Federal Law and Regulations.
In the event state or federal laws are enacted
after this Agreement is executed which prevent
compliance with one or more 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; however,
this Agreement shall remain in full force and
effect to the extent it is not inconsistent with
such laws and regulations and to the extent such
laws and regulations do not render such remaining
provisions impractical to enforce.
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(c) Public Health and Safety. This Agreement shall
not prevent City from adopting and applying new
rules, regulations and policies which directly
result from findings by City that failure to adopt
such rules, regulations or policies would result
in a condition injurious to the public health and
safety.
9. Initiative.
It is the intent of Owner and City that no moratorium or
other limitation (whether relating to the rate, timing or
sequencing of the development or construction of all or any part
of the Project and whether enacted by initiative or otherwise)
affecting parcel or subdivision maps (whether tentative, vesting
tentative or final), building permits, occupancy certificates or
other entitlements to use approved, issued or granted within
City, or portions of City, shall apply to the Project to the
extent such moratorium or other limitation is inconsistent or in
conflict with this Agreement.
10. General Provisions.
(A) Covenants.
It is intended and determined that the provisions of
this Agreement shall constitute covenants which shall
run with the Property for the benefit thereof and the
burdens and benefits hereof shall bind and inure to the
benefit of all successors in interest to the parties
hereto.
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(B) Term.
The initial term of this Agreement shall be five (5)
years commencing on the date of execution of this
Agreement unless said initial term is otherwise
terminated, modified, or extended by circumstances as
set forth in this Agreement, or by mutual consent of
the parties hereto. At the end of the five-year
initial term, the term of this Agreement shall
automatically be extended for five (5) additional one-
year terms, subject to City's right to terminate this
Agreement within sixty (60) days after the end of the
initial five-year term and each one-year extension
term, which right of termination can be exercised only
after a noticed hearing on the matter and only if Owner
is not fully performing its obligations under this
Agreement, the Development Approvals and other
agreements regarding the Project that may exist between
Owner and City at such times.
(C) Assignment.
Neither party shall assign or transfer any of its
interests, rights or obligations under this Agreement
without the prior written consent of the other, which
consent shall not be unreasonably withheld.
(D) Amendment of Agreement.
This Agreement may be amended from time to time by
mutual consent of the original parties or such party to
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which Owner assigns all or any portion of its interest
in this Agreement, in accordance with the provisions of
subparagraph 10(C) and Government Code Sections 65867
and 65868. Any amendment to this Agreement which does
not relate to the term, permitted uses, density or
intensity of use, height or size of buildings,
provisions for reservation or dedication of land,
conditions, terms, restrictions and requirements
relating to subsequent discretionary actions, monetary
contributions by Owner or any condition or covenants
relating to the use of the Property, shall not require
notice or public hearing before the parties may execute
an amendment thereto.
(E) Default; Remedies; Termination.
(a) General Provisions.
Failure or unreasonable delay by either party to
perform any term or provision of this Agreement
for a period of thirty (30) days after written
notice thereof from the other party shall con-
stitute a default under this Agreement, subject to
extensions of time by mutual consent in writing.
Said notice shall specify the nature of the
alleged default and the manner in which said
default may be satisfactorily cured. If the
nature of the alleged default is such that it
cannot reasonably be cured within such 30 -day
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period, the commencement of the cure within such
time period and the diligent prosecution to
completion of the cure shall be deemed a cure
within such period.
Subject to the foregoing, after notice and
expiration of the 30 -day period without cure, the
other party to this Agreement, at its option, may
institute legal proceedings pursuant to this
Agreement and/or give notice of intent to
terminate this Agreement pursuant to Government
Code Section 65868. Following such notice of
intent to terminate, the matter shall be scheduled
for consideration and review by the City Council
within thirty (30) calendar days in the manner set
forth in Government Code Sections 65865, 65867 and
65868. Following consideration of the evidence
presented in said review before the City Council,
the party alleging the default by the other party
may give written notice of termination of this
Agreement to the other party.
(b) Default by City.
In the event City does not accept, review, approve
or issue necessary development permits,
entitlements, or other land use or building
approvals for use in a timely fashion as provided
in this Agreement, or as otherwise agreed to by
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the parties, or the City otherwise defaults under
the terms of this Agreement, Owner shall have the
right to rescind this Agreement or, in the
alternative, seek specific performance, without
any right to monetary damages.
(c) Specific Performance Remedy. Due to the size,
nature and scope of the Project, it will not be
practical or possible to restore the Property to
its natural condition once implementation of this
Agreement has begun. After such implementation,
Owner may be foreclosed from other choices it may
have had to utilize the Property and provide for
other benefits. Owner has invested significant
time and resources and performed extensive
planning and processing of the Project in agreeing
to the terms of this Agreement and will be
investing even more significant time and resources
in implementing the Project in reliance upon the
terms of this Agreement, and it is not possible
to determine the sum of money which would
adequately compensate Owner for such efforts. In
addition, City and Owner agree that monetary
damages are not available if City fails to carry
out its obligations under this Agreement.
Therefore, specific performance of this Agreement
is the only remedy which would compensate Owner if
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City fails to carry out its obligations under this
Agreement, and City hereby agrees that Owner shall
be entitled to specific performance in the event
of a default by City hereunder.
(d) Enforced Delay; Extension of Time of Performance.
In addition to specific provisions of this
Agreement, performance by either party hereunder
shall not be deemed to be in default where delays
or defaults are due to war, insurrection, strikes,
walk -outs, riots, floods, earthquakes, fires,
casualties, acts of God, governmental restrictions
imposed or mandated by other governmental
entities, enactment of conflicting state or
federal laws or regulations, judicial decisions,
or similar basis for excused performance which is
not within the reasonable control of the party to
be excused. If written notice of such delay is
given to either party within thirty (30) days of
the commencement of such delay, an extension of
time for such cause will be granted in writing for
the period of the enforced delay, or longer as may
be mutually agreed upon.
(e) Cooperation in the Event of Legal Challenge. City
agrees to cooperate with Owner in all reasonable
manners in order to keep this Agreement in full
force and effect, provided Owner shall reimburse
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City for its out-of-pocket expenses incurred
directly in connection with such cooperation and
City shall not be obligated to institute a lawsuit
or other court proceedings in this connection. In
the event of any legal action instituted by a
third party or other governmental entity or
official challenging the validity of any provision
of this Agreement, the parties hereby agree to
cooperate in defending such action, provided that
City shall not be required to take any actions
requested by Owner unless Owner agrees to
reimburse City for its out-of-pocket expenses
directly incurred in taking such action. In the
event of any litigation challenging the
effectiveness of this Agreement, or any portion
hereof, this Agreement shall remain in full force
and effect while such litigation, including any
appellate review, is pending.
(f) Termination of Agreement With Respect to
Individual Parcels Upon Sale to Public.
Notwithstanding any provision of this Agreement to
the contrary, this Agreement shall terminate as to
each condominium or single-family residential lot
within the Property at the following respective
times: (i) as to condominiums and lots improved
with a single-family dwelling, upon the sale of
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such condominium or lot to a purchaser who
purchases not more than five (5) condominiums or
single-family lots within the Property; or (ii)
as to single-family lots not improved with a
completed residence, upon the obtaining of a
certificate of occupancy for a dwelling on such
lot. Upon the occurrence of the pertinent event
specified in the preceding sentence, the affected
lot or condominium shall be released from, and no
longer be subject to or burdened by, the
provisions of this Agreement. The provisions of
this section shall be self-executing and shall not
require the execution or recordation of any
further document or instrument.
11. Hold Harmless Agreement.
Owner hereby agrees to, and shall defend, save and hold City
and its elected and appointed boards, commissions, officers,
agents, and employees harmless from, any and all claims, costs
and liability for any damages, personal injury or death to the
extent the same arises from Owner's or Owner's contractors',
subcontractors', agents', or employees' operations under this
Agreement, whether such operations be by Owner or by any of
Owner's contractors, subcontractors, by any one or more persons
employed by, or acting as agent for Owner, or any of Owner's
contractors or subcontractors.
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12. Notice,
All notices required or provided for under this Agreement
shall be in writing and delivered in person or sent by certified
mail, postage prepaid, return receipt requested. Notices
required to be given to City shall be addressed as follows:
City of San Juan Capistrano
Office of the City Clerk
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Notices required to be given to Owner shall be addressed as
follows:
Marbella Development Company
33971 Selva Road, Suite 130
Laguna Niguel, CA 92677
with a
copy to: Pettis, Tester, Kruse & Krinsky
18881 Von Karman, 16th Floor
Irvine, CA 92715
Attn: Jay F. Palchikoff
Any notice given as required herein shall be deemed given at
11:59 P. M. on the day three days after it is deposited in the
United States mail if sent by mail, or upon delivery if
personally delivered. A party may change its address for notices
by giving notice in writing to the other party as required herein
and thereafter notices shall be addressed and transmitted to the
new address.
13. Protection of Mortgage Holders.
Nothing contained herein shall limit or interfere with the
lien of mortgage holders having a mortgage made in good faith and
for value on any portion of the Property. "Mortgage holder"
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includes the beneficiary under a deed of trust, and "mortgage"
includes a deed of trust.
14. Severability of Terms.
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
enforce.
15. Entire Agreement.
This Agreement constitutes the entire agreement between the
parties with respect to the subject matter hereof, and the
Agreement supercedes all previous negotiations discussions, and
agreements between the parties, and no parol evidence of any
prior or other agreement shall be permitted to contradict or vary
the terms hereof.
16. Not for Benefit of Third Parties.
This Agreement and all provisions hereof are for the
exclusive benefit of City and Owner and shall not be construed to
benefit or be enforceable by any third party, except that
purchasers of individual residential lots within the Property
from Owner prior to the date of execution of this Agreement are
hereby named as third party beneficiaries.
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IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the day and year dated below.
CITY OF SAN JUAN CAPISTRANO, A
municipal corporation
Dated: September E0 , 1988 By
Gary Hausdorfer, May
Attested:
Dated: September 24 1988 By
Mary Af lrano-,ier�, City Clerk
Approva� M�Xj
Dated: �, 1988 By:
John/6. Shaw, City Attorney
61
MARBELLA DEVELOPMENT COMPANY, a
Cali rnia genera partnership
Philip R. Ja obyy Jr. ll__�__ /1
Dated: WAtj 1988 By rrn4Ss-1W4 -� d'V J ��
T i t e i'y's
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STATE OF CALIFORNIA
6&M
COUNTY OF ORANGE
11
On September 1 , 1988, before me, the undersigned,
Notary Public in and for said State, personally appeared
Philip R. Jacoby, Jr. , personally known to me or
proved to me on the basis of satisfactory evidence to be the
person that executed this instrument as a partner of MARBELLA
DEVELOPMENT COMPANY, the partnership that executed the within
instrument, and acknowledged to me that said partnership
executed the same.
WITNESS my hand and official seal.
mA
alM � Z�
MP-� lilOmiaiYMyp. 5117191ylic in and for aid State
(Seal
CORPORATE ACKNOWLEDGMENT
Stateof California
1 SS.
County of Orange Il
OFFICIAL SEAL
CHERYL A JOHNSON
as NOTARY PUBLIC - CALIFORNIA
ORAME COUNTY
My comm. expires NCV 11, 1989
09-01-88
F:\DOC\I49\98080002.AGR
NO. 202
On this the 20th_ day of September 1988 , before me,
Cheryl A. Johnson
the undersigned Notary Public, personally appeared
L. Hausdorfer and Mary Ann Hanover
[)� personally known tome
❑ proved to me on the basis of satisfactory evidence
to be the person(s) who executed the within instrumericipal
Mayor and City Clerk or on behalf of the%orporation therein
named, and acknowledged to me that the corporation executed it.
WITN'SS my hand and official seal.
EXHIBIT A
THE PROPERTY
ALL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY
OF ORANGE, CITY OF SAN JUAN CAPISTRANO, DESCRIBED AS FOLLOWS:
ALL OF TRACT NO. 12954,
PAGES 1 TO 34 INCLUSIVE
COUNTY, CALIFORNIA.
09-01-88
F-\D0C\148\88080002.AGR
AS SHOWN ON A MAP RECORDED IN BOOK 597,
OF MISCELLANEOUS MAPS, RECORDS OF ORANGE
NOTICE OF TRANSMITTAL - LEGAL PUBLICATIONS
TO: CAPISTRANO VALLEY NEWS
Jody Kolar, Legal
FOR PUBLICATION ON:
DOCUMENT TO BE PUBLISHED:
PROOF OF PUBLICATION:
AUTHORIZED BY:
DATE: October October 6, 1988
Date of Ordinance Adoption
Date Ordinance published
Date affidavit received
Date Ordinance posted in
designated posting places (3)
THURSDAY, OCTOBER 13, 1988
ORDINANCE NO. 634 - APPROVING A
DEVELOPMENT AGREEMENT WITH THE
MARBELLA GOLF AND COUNTRY CLUB
Please send to:
City Clerk's Department
City Hall
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
(714) 493-1171
-10/4/88
-10/13/88
- 10/ 1-7 /86
-10/13/88
0
ORDINANCE NO. 634
0
APPROVING DEVELOPMENT AGREEMENT (MARBELLA)
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT FOR
THE MARBELLA GOLF AND COUNTRY CLUB PROJECT
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Intent and Findings.
The City Council finds and determines that it is appropriate to enter into a
Development Agreement pursuant to development agreement legislation of state law
(Government Code Sections 63864 et. seq.) for that real property more commonly
referred to as the Marbella Golf and Country Club Project so as to ensure that this
approved project is completed in the manner intended by the owner and the City.
This agreement is for the purpose of carrying out the development approvals
for the project in a manner that will ensure certain anticipated benefits to both City and
owner. The City will receive both direct and indirect benefits from the project
including:
(a) Ensuring development of a comprehensive planning effort for a
significant land area with the City which integrates a mixture of
land uses in an environmentally, socially, and economically
responsible way;
(b) Creation of a championship golf course;
(c) Reserving approximately one-third (1/3) of the property for
natural open space;
(d) Preserving natural vegetation;
(e) Integrating an equestrian/hiking trail linkage;
(f) Facilitating the development of a new fire station;
(g) Securing off-site road improvements to Rancho Viejo Road; and,
(h) Contributions toward off-site bridge improvements to Trabuco
Creek Bridge.
SECTION 2. Finding of Consistency with General Plan.
The City Council hereby finds that this Development Agreement is consistent
with all elements of the City's General Plan.
SECTION 3. Environmental Findings.
The Environmental Impact Report previously certified by the City Council is
adequate to serve as the required environmental documentation for this Agreement and
satisfies all requirements of CEQA.
-1-
SECTION 4. Approval of Agreement.
Accordingly, the City Council hereby approves the Development Agreement
for the Marbella Golf and Country Club Project, marked as Exhibit A and incorporated
herein by reference.
SECTION 5. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after its
passage.
SECTION S. City Clerk's Certification.
The City Clerk shall certify to the adoption of this Ordinance and cause the
same to be published once as required by law and posted at the duly designated posting
places within the City of San Juan Capistrano within fifteen (15) days after its passage.
PASSED, APPROVED, AND ADOPTED this 4th day of October
1988.
GAE.HAUSDORFER, r
YO
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano,
California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of
Ordinance No. 634 which was introduced at a meeting of the City Council of the City
of San Juan Capistrano, California, held on September 21 , 1988, and adopted at
a meeting held on October 4th , 1988, by the following01
vote:
AYES: Councilmen Schwartze, Bland, and Mayor Hausdorfer
NOES: None
ABSENT: None
ABSTAIN: Councilmen Friess, and Buchheim
(SEAL)—
MARY AN r'''AT40VER, CITY CLERKERK
-z-
Approval of Quitclaim:
It was moved by Councilman Bland, seconded by Councilman Friess and unanimously
carried to approve the quitclaim of the sewer easement to Franciscan Plaza
Investment Group and to authorize the Mayor and City Clerk to execute the
document on behalf of the City. The City Clerk was directed to forward the
document to the Orange County Recorder.
ORDINANCES
Written Communications:
Report dated October 4, 1988, from the City Clerk, advising that the Ordinance was
introduced at the meeting of September 20, 1988, and was scheduled for adoption.
Adoption of Ordinance:
The City Attorney read the title of the Ordinance next in order. Further reading of
all Ordinances had been waived earlier in the meeting. It was moved by Councilman
Bland, seconded by Councilman Schwartze that the following Ordinance be adopted:
NO.
OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A
DEVELOPMENT AGREEMENT FOR THE MARBELLA GOLF
AND COUNTRY CLUB PROJECT
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, and
Mayor Hausdorfer
NOES: None
ABSTAIN: Councilmen Friess and Buchheim
ABSENT: None
2. REPEALING CONDITION FOR SALE OF FIREWORKS
ADOPTION F4-20-.-307-
Written
20.30
Written Communications:
Report dated October 4, 1988, from the City Clerk, advising that the Ordinance was
introduced at the meeting of September 20, 1988, and was scheduled for adoption.
Adoption of Ordinance:
The City Attorney read the title of the Ordinance next in order. Further reading of
all Ordinances had been waived earlier in the meeting. It was moved by Councilman
Bland, seconded by Councilman Schwartze that the following Ordinance be adopted:
-12-
10/4/88
AFFIDAVIT OF PUBLIIOTION
STATE OF CALIFORNIA
County of Orange
I am a citizen of the United States and a resident of the
County aforesaid: I am over the age of twenty one years.
and not a party to or interested in the above -entitled
matter. I am the principal clerk of the Capistrano Val-
ley News, a newspaper ofgeneral circulation in the City
of San Juan Capistrano, County of Orange, and which
newspaper has been adjudicated to be a newspaper of
general circulation by the Superior Court of the County
of Orange. State of California. June 5, 1984, Case No.
A-122949 in and for the City of San Juan Capistrano,
County of Orange and the South Orange CountyJudicial
District: that the notice, of which the annexed is a true
printed copy, has been published in each regular and
entire issue of said newspaper and not in any supple-
ment thereof on the following dates, to wit:
October 131 1988
I declare under penalty of perjury that the foregoing is
ture and correct.
Executed at Mission Viejo. Orange County
California. this..13.... day of Oct lg 88
. .........................
Signature
Capistrano Valley News
23811 Via Fabricante
P.O. Box 3629
Mission Viejo, Calif., 92690
This spffis for the County Clerk's Filing Stamp
RECEIVED
OCT 17 3 40 PM'88
CITY CLERK
DEPARTMENT
CITY OF SAN
JUAN CAPiSTRANO
Proof of Publication of
ORDINANCE NO E34
....................................................
PRWECT
COUNCIL OF THE CITY OF SAN liana
D. CALIFORNIA. DOES HEREBY ORD Ad
1. Intent and Firdipge. .. -.
law (Government Code
f sedieipated benefits to baro City And owner. The CBy will
did" both direct and indirect benefits from the project iealug-
R:
(ag Ensuring cimmlopment
ant la of a comprehensive whicisg of
fort Cora mixture
land area with the City nmem ellp,
grates a mixture of land uses in an way; nmengly,
socially, and champseconomicallyhi responsible way;
(d) Creation of a championship e-throuree;
(N Reserving appe space; ly one-third (1!3) of fM praRll '
for natural open span; - I
-
(8 Preserving natural vegetation;
CN Integrating top edevelo meet or a new
linkage;
t0 Securing
the development of a new fire Ration;
m Road;
ott-Rite mad improvements a Rancho Vi i
Road; and,
W Contributions toward off-site bridge impirovemeW be
q tom ahem wtro ue caroms w toe ��q R uneven, raw,ew
ON 1 $mironmeaml Findinn.
EartrowmeAal Impact Report previously certldod ►y
■d.fyty Council it adequate to serve as, the required essll�
ad" documentation for this Agreement and satisfieR ad Ij►
t,ly,
CEQA .
4A coves ofAgeeemanL -
City Council hereby approves the DWIAW
td for the Macbeth Golf and County Club PFyfaL .
hibit A a� incorporated heroin by reference.
S. Elf ve Deep.natetam effect' and he in fame thiA/�ipassage.
& Ci Clerk's Certification.
ler NWoertiryte the adopWnofthis OedWuse
eat w the same to be published once a srequiredbyttlgd
�gllbiN the duly designated posting places within the Vr -
3✓wllJJa�mn Cap etrarm within fifteen (13) days after Its passge -
FASSED, APPROVED, AND ADOPTED this 4th der 0
October, IM:
GARY L HAUSDORFER, MAYOR
ATTEST:
MARY ANN HANOVER
CITY CLERIC
STATE OF CALIFORNIA )
COUNTY OF ORANGE
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER City Clerk ofthe Cay of$snlmn
Cap)d,ho, California: DO HEREBY CERTIFY that the foregoing
is a true and correct cow of Ordinance No. gas Vida was atm -
dated M a meeting of the City Council of the Cdr egLn Joan
Capistrano, California, held on September 2W6, 8. and
adoMsd ata meeting held on October ails, IM, bribe (Wowing
vote: "
AYES: COUNCILMEN SCHWARTZE. BLAND, AND
MAYOR-RAUSDORFRR
NOES: NONE-
AB$ENT: NONE -
ieRrml_ covMetLawFaMsANDRUCHRM
AGENDA ITEM October 4, 1988
TO: Stephen B. Julian, City Manager
FROM: Mary .Ann Hanover, City Clerk
SUBJECT: Ordinance A rovin Development Agreement
Marbel
la Adoption
SITUATION:
The following Ordinance was introduced at the City Council meeting of September 20,
1988, and is scheduled for adoption on October 4, 1988:
ORDINANCE NO. 634, APPROVING DEVELOPMENT AGREEMENT
MARBELLA AOR
- N DINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT FOR THE
MARBELLA GOLF AND COUNTRY CLUB PROJECT
Copies of the Ordinance are on file in the City Clerk's Department.
NOTIFICATION:
Not Applicable.
COMMISSION/BOARD REVIEW, RECOMMENDATION:
Not applicable.
FINANCIAL CONSIDERATIONS:
None by this action.
ALTERNATE ACTIONS:
1. .Adopt the Ordinance.
2. Amend the Ordinance.
3. Do not adopt the Ordinance.
FOR CITY COUNCIL
1/
0
Agenda Item
RECOMMENDATIONS:
October 4, 1988
Following reading of the title by the City Attorney, adopt the Ordinance.
Respectfully submitted,
MARY AN-IANOVER
MAH/cj
-2-
C�
ORDINANCE NO. 634
0
APPROVING DEVELOPMENT AGREEMENT (MARBEL
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT FOR
THE MARBELLA GOLF AND COUNTRY CLUB PROJECT
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Intent and Findings.
The City Council finds and determines that it is appropriate to enter into a
Development Agreement pursuant to development agreement legislation of state law
(Government Code Sections 65864 et. seq.) for that real property more commonly
referred to as the Marbella Golf and Country Club Project so as to ensure that this
approved project is completed in the manner intended by the owner and the City.
This agreement is for the purpose of carrying out the development approvals
for the project in a manner that will ensure certain anticipated benefits to both City and
owner. The City will receive both direct and indirect benefits from the project
including:
(a) Ensuring development of a comprehensive planning effort for a
significant land area with the City which integrates a mixture of
land uses in an environmentally, socially, and economically
responsible way;
(b) Creation of a championship golf course;
(c) Reserving approximately one-third (1/3) of the property for
natural open space;
(d) Preserving natural vegetation;
(e) Integrating an equestrian/hiking trail linkage;
(f) Facilitating the development of a new fire station;
(g) Securing off-site road improvements to Rancho Viejo Road; and,
(h) Contributions toward off-site bridge improvements to Trabuco
Creek Bridge.
SECTION 2. Finding of Consistency with General Plan.
The City Council hereby finds that this Development Agreement is consistent
with all elements of the City's General Plan.
SECTION 3. Environmental Findings.
The Environmental Impact Report previously certified by the City Council is
adequate to serve as the required environmental documentation for this Agreement and
satisfies all requirements of CEQA.
-1-
0 0
SECTION 4. Approval of Agreement.
Accordingly, the City Council hereby approves the Development Agreement
for the Marbella Golf and Country Club Project, marked as Exhibit A and incorporated
herein by reference.
passage.
SECTION 3. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after its
SECTION 5. City Clerk's Certification.
The City Clerk shall certify to the adoption of this Ordinance and cause the
same to be published once as required by law and posted at the duly designated posting
places within the City of San Juan Capistrano within fifteen (15) days after its passage.
PASSED, APPROVED, AND ADOPTED this 4th day of October ,
1988.
GAL.HAUSDORFER, r
YO
ATTEST:
;OVA I F -1 MR P"-- 4W "M - - 4 a, ff W,
01 M -
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano,
California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of
Ordinance No. 634 which was introduced at a meeting of the City Council of the City
of San Juan Capistrano, California, held on September 20th , 1988, and adopted at
a meeting held on October 4th , 1988, by the following vote:
AYES: Councilmen Schwartze, Bland, and Mayor Hausdorfer
NOES: None
ABSENT: None
ABSTAIN: Councilmen Friess, and Buchheim
(SEAL)
AR. Y AN A-NOVER, CITY CLERK
-2-
9. AWARD OF CONTRACT - PHASE II
As set forth in the report dated September 20, 1988, from the Director of Public
Works, the contract for the second phase of the street light conversion project,
wherein the remaining mercury vapor lamps will be converted to high pressure
sodium vapor lamps, was awarded to Sierra Pacific Electric Contracting of
Riverside, in the amount of $116,983. The Mayor and City Clerk were authorized to
execute the contract on behalf of the City.
PUBLIC HEARINGS
REVIEW OF DEVELOPMENT AGREEMENT
MARBELLA DEVELOPMENT COMPANY 600.30) �--
This item was continued from the meeting of September 6, 1988. Due to a conflict
of interest, Councilmen Buchheim and Friess left the Chamber.
Written Communications:
Report dated September 6, 1988, and resubmitted September 20, 1988.
Exhibits were on display and the Director of Community Planning and Development
made an oral presentation.
Public Hearing:
Notice having been given as required by law, Mayor Hausdorfer opened the Public
Hearing and the following person responded:
(1) Phil Jacoby, representing the Fairway Land Company, a general partner
of the Marbella Development Company, spoke in support of the
Agreement.
There being no further response, Mayor Hausdorfer closed the Hearing with the right
to re -open at any time.
Approval of Development Agreement:
The City Attorney read the title of the Ordinance next in order. Further reading of
all Ordinances had been waived earlier in the meeting. It was moved by Councilman
Schwartze, seconded by Councilman Bland that the following Ordinance be
introduced:
NO. 634. APPROVING DEVELOPMENT
OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A
DEVELOPMENT AGREEMENT FOR THE MARBELLA GOLF
AND COUNTRY CLUB PROJECT
-4-
9/20/88
0 0
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, and Mayor Hausdorfer
NOES: None
ABSTAIN: Councilmen Friess and Buchheim
ABSENT None
The Ordinance found that the Development Agreement was consistent with all
elements of the City's General Plan and the Planned Community/Comprehensive
Development Plan zoning for the property. The environmental impact report
previously certified by the City Council was found to be adequate to serve as the
required environmental documentation for the agreement, and satisfied all
requirements of the California Environmental Quality Act. The Mayor and City
Clerk were authorized to execute the Agreement on behalf of the City for
forwarding to the Orange County Recorder's Office.
Councilmen Buchheim and Friess returned to the Chamber and resumed their duties.
RECESS AND RECONVENE
Council recessed at 7:28 p.m., to convene the San Juan Capistrano Community
Redevelopment Agency, and reconvened at 7:43 p.m.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. OCTOBER COUNCIL MEETING SCHEDULE (610.25)
Written Communications:
Report dated September 20, 1988, from the City Manager, advising that there was a
conflict between the regular Council meeting schedule of October 18th, and the
League of California Cities Annual Conference scheduled to be held in San Diego
from October 16, 1988, through October 19, 1988. Staff requested direction
regarding the October 18th meeting.
Cancellation of Meeting:
It was moved by Councilman Friess, seconded by Councilman Schwartze and
unanimously carried that the meeting of October 18, 1988, will be cancelled.
CITY ATTORNEY
1.
Written Communications:
Report dated September 20, 1988, from the City Attorney, recommending that
Municipal Code Section 9-3.608(b), which regulated the temporary structures for the
sale of fireworks, be repealed to provide consistency with Council's previous action
to ban the sale of fireworks in the City.
-5-
9/20/88
0 0
APPROVING LEASE OF PROPER
JUAN CAPISTRANO, CALIFORNIA, .APPROVING THE LEASE OF
CERTAIN REAL PROPERTY WITHIN THE SAN JUAN CAPISTRANO
CENTRAL REDEVELOPMENT PROJECT AREA TO LIBROS Y
ARTES DE SAN JUAN CAPISTRANO (31431 CAMINO
CAPISTRANO)
The motion carried by the following vote:
AYES: Councilmen Friess, Buchheim,
Bland, and Mavor Hausdorfer
NOES: None
ABSENT: Councilman Schwartze
The Resolution found that lease of the site to the Tenant at less than fair market
value was justified; approved a Negative Declaration; approved lease of the site to
Libros y Artes; and, approved the Lease Agreement.
.Approving Issuance of Note:
It was moved by Councilman Bland, seconded by Councilman Buchheim that the
following Resolution be adopted:
UTION NO. 88-9-6-4. APPROVING IS
FRVIMJJV[ I wVIL - UVRL:V -.' RGJVLV IMV Vr 1rIC
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, MAKING FINDINGS AND APPROVING THE
ISSUANCE OF A PROMISSORY NOTE BY THE SAN JUAN
CAPISTRANO COMMUNITY REDEVELOPMENT .AGENCY FOR THE
ACQUISITION OF CERTAIN REAL PROPERTY (31431 CAMINO
CAPISTRANO)
The motion carried by the tollowing rote:
AYES: Councilmen Friess, Buchheim,
Bland, and Mayor Hausdorfer
NOES: None
ABSENT: Councilman Schwartze
The resolution approved acquisition of the site and the proposed agreement and
approved issuance of the Promissory Note by the San Juan Capistrano Community
Redevelopment Agenc} .
3. REVIEW OF DEVELOPMENT AGR
Proposal:
Consideration of a Development Agreement for the Marbella Golf and Country Club
project. The Agreement will guarantee the right to build the project in accordance
-6-
9/6/88
with planning approvals already granted by the City. The Agreement will run for a
period of 5 years, with the right to renew for five additional one-year periods,
subject to full performance by the developer. The Agreement outlines the permitted
uses of the property and recites the benefits received by the City, which include
reserving one-third of the property for natural open space, preserving eucalyptus
groves and dry woodland stands, integrating equestrian/hiking trail linkage along the
project's perimeter, developing a new fire station on the property, creating a
championship golf course, securing off-site road improvements on Rancho Viejo
Road, and contributing to off-site bridge improvements to Trabuco Creek Bridge.
The property is located east of the San Diego Freeway and north of Ortega Highway
and consists of 327 acres. Surrounding uses include The Hunt Club development to
the east and northeast; the Stoneridge development to the north; custom homes to
the northwest and west; Endevco office development to the west; and, the
Honeyman Ranch Estate to the southeast, the zoning on the site is PC (Planned
Community, Comprehensive Development Plan 86-4).
.Applicant:
Marbella Development Company, 33971 Selva Road, Suite 130, Laguna Niguel,
92677.
Written Communications:
Report dated September 6, 1988, from the Director of Community Planning and
Development, forwarding the Development Agreement and an Ordinance of
approval.
Continuation of Public Hearing:
Notice having been given as required by law, Mayor Hausdorfer opened the Public
Hearing and, there being no response, it was moved by Councilman Friess, seconded
by Councilman Bland and unanimously carried to continue consideration of the
Development Agreement to the meeting of September 20, 1988. Staff was directed
to notify interested parties of the continuation.
RECESS AND RECONVENE
Council recessed at 7:45 p.m., to convene the San ]uan Capistrano Community
Redevelopment Agency, and reconvened at 7:47 p.m.
ADMINISTRATIVE ITEMS
CITY MANAGER
COMMUNICATIONS AGREEMENT (COUNTY OF ORANGE) (600.50)
Written Communications:
Report dated September 6, 1985, from the Senior 'Management ,Assistant, advising
that the County recently completed a study of the operation and financing of the
General Services Agency/Communications Division and had approved establishment
of user fees for services provided by the Division. The current agreement with the
County will terminate on October 31, 1988; the new agreement will become
effective November 1, 1988. It defines the services available through the
Communications Division and the rates that will be charged; it does not require the
City to use County services. The report advised that funds had been budgeted for
maintenance and installation of the City's communications system.
-7-
9/6/88
AGENDA ITEM:
TO: Stephen B. Julian, City Manager
FROM: Thomas G. Merrell, Director
Community Planning and Development
Resubmitted September 20, 1988
September 6, 1988
SUBJECT: Consideration of Ordinance Approving
Marbella Country Club Development Agreement
SITUATION•
A. Applicant/Property Owner
Marbella Development Company
33971 Selva Road, Suite 130
Laguna Nigel, CA 92677
B. Summary and Recommendation
Marbella Development Company requested sometime ago a development agreement as a
part of its development approvals for the Marbella project. A development agreement,
under state law (Government Code Sections 65864 et seq.), is a specialized legal
instrument which gives additional security that a project will be built out in that a
development agreement cannot be later repealed without mutual consent of the parties
during the term of the agreement. Because of the many mutual benefits City and
Developer will derive from this project, staff was directed to prepare a draft develop-
ment agreement in accordance with state law. The many benefits to the City are spelled
out in paragraph 4(b) of this report and paragraph 7 of the agreement.
The Planning Commission, on August 9, 1988, reviewed the Development Agreement and
recommended its approval to the City Council.
C. Background
Description of Property - The project site is located entirely within the
City of San Juan Capistrano in an area of the City previously known as
"The Ranch of San Juan Capistrano" in the Horno Valley. The site lies east
of the San Diego Freeway (I-5) and north of Ortega Highway (State Route
74), near the geographical center of the City. The site consists of 327
acres and is flanked on both the northwest and southeast by gentle -to -
steeply rising slopes.
Immediately adjacent to the project site to the east and northeast is the
Hunt Club, a private gated custom lot residential community which is
partially constructed. The planned community of Stoneridge is also to the
north; this is also a custom lot residential community. To the northwest
and west of the project site are custom homes. Also to the west is the
Endevco office development, which fronts along Rancho Viejo Road. The
Honeyman Ranch Estate is located southeast of the site.
2. Zoning - The zoning on the site is PC (CDP 86-4) which allows for single-
family residential detached and attached, golf course, country club, and
limited retail.
I:" �u ;
AGENDA fCEM2 - September 6, 1988
3. Environmental Review - A prior Environmental Impact Report has been
prepared for the project which can serve to satisfy environmental
requirements for this agreement. In addition, staff has prepared an
expanded initial study indicating that all environmental impacts have been
addressed.
4. Brief Summary of Development Agreement
a) As indicated above, the fundamental purpose of the development
agreement is to convey a vested property right to the developer
which will give to developer a guaranteed right to build the project
out. (see Paragraph 7(B))
b) The agreement recites the fact that the City receives mutual
benefits from the project by reason of the various dedication
requirements of the planning and zoning approvals. These include
reserving one-third of the property for natural open space,
preserving Eucalyptus groves and dry woodland stands, integrating
equestrian/hiking trail linkage along the project's perimeter,
development of a new fire station on the property through
dedication of land of 4.6 acres, creation of a championship golf
course, securing off-site road improvements to Ranch Viejo Road,
and contributing to off-site bridge improvements to Trabuco Creek
Bridge. (see Paragraph 7)
c) The agreement outlines the permitted uses of the property which are
further defined in the planning and zoning approvals. (see Paragraph
7(C))
d) The developer is required to build the project out in accordance with
the planning approvals already granted by the City, which includes a
residential growth management phasing program consistent with the
City's Municipal Code.
e) The agreement is for a term of five (5) years with the right to renew
for additional five (5) one-year periods subject to full performance
by Marbella.
f) Successors in interest are bound by this agreement and any successor
in interest must first be approved by the City.
COMMISSION/BOARD REVIEW, RECOMMENDATION:
The Planning Commission has recommended approval of the agreement.
FINANCIAL CONSIDERATIONS:
None.
AGENDA ITEM -3 - September 6, 1988
NOTIFICATION:
Notice of the hearing was published in the Capistrano Valley News and sent to all
property owners within a 300 foot radius of the property. In addition, Mission Hills,
Malaspina, Capistrano Royale, Stoneridge, and Hunt Club Homeowners' Associations were
notified.
COMMUNITY REDEVELOPMENT AGENCY
A portion of the project is located in the Central Redevelopment Project area. The
Agency does not have an agreement with the developer.
ALTERNATE ACTIONS:
1. Introduce ordinance approving the Development Agreement.
2. Table the matter.
3. Do not introduce ordinance approving the Development Agreement.
RECOMMENDATION:
By motion, after reading of title of ordinance by City Attorney, introduce ordinance
adopting Development Agreement.
------------------------------------------------------------------------------
------------------------------------------------------------------------------
Respectfully submitted,
Thomas G. Merrell, Director
Community Planning and Development
Attachments
0
0
AFFIDAVIT OF PUBLICATION This space is for the County Clerk's Filing Stamp
STATE OF CALIFORNIA
County of Orange
I am a citizen of the United States and a resident of the
County aforesaid: I am over the age of twenty one years,
and not a party to or interested in the above -entitled
matter. I am the principal clerk of the Capistrano Val-
ley News, a newspaper of general circulation in the City
of San Juan Capistrano, County of Orange, and which
newspaper has been adjudicated to be a newspaper of
general circulation by the Superior Court of the County
of Orange, State of California, June 5, 1984, Case No.
A-122949 in and for the City of San Juan Capistrano,
County of Orange and the South Orange County Judicial
District; that the notice, of which the annexed is a true
printed copy, has been published in each regular and
entire issue of said newspaper and not in any supple-
ment thereof on the following dates, to wit:
August 18.1988
I declare under penalty of perjury that the foregoing is
ture and correct.
Executed at Mission Viejo, Orange County
California,this 18...... dayof Aug 19..8$....
...............
Signature
Capistrano Valley News
23811 Via Fabricante
P.O. Box 3629
Mission Viejo, Calif., 92690
RECEIVED
Auc 23 9 12 14'99
-!1Y CLERK
DE" ARTHENT
Cliff OF SAN
Proof of Publication of
NOTICE OF PUBLIC HEARING
CITY 0"F"SAN"JUAN CA'PIS7R'ANO0 ...........
0
NOTICE OF TRANSMITTAL - LEGAL PUBLICATIONS
TO: CAPISTRANO VALLEY NEWS
Jody Kolar, Legal
FOR PUBLICATION ON:
DOCUMENT TO BE PUBLISHED:
PROOF OF PUBLICATION:
E
THURSDAY, AUGUST 18, 1988
NOTICE OF PUBLIC HEARING - REVIEW
OF DEVELOPMENT AGREEMENT
BETWEEN THE CITY AND MARBELLA
DEVELOPMENT COMPANY
Please send to:
City Clerk's Department
City Hall
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
(714) 493-1171
AUTHORIZED BY: )22
DATE: August 12, 1988
Date of Public Hearing
Date notice published
Date affidavit received
Date notice posted in
designated posting places (3)
Date notice posted on property
Date of mailing notice to
interested parties
Date notice transmitted to
City Manager's Office
- 9/06/88
8/18/88
- 8 ,]3-.439 d-nLQ--
19mM
- 8/18/88
- 8/18/88
- 8/12/88
notic0f
0
PUBLIC HEARING
CITY OF SAN JUAN CAPISTRANO
NOTICE IS HEREBY GIVEN, that on the 6th day of September, 1988, at 7:00 P.M., in the
City Council Chamber, 32400 Paseo Adelanto, San Juan Capistrano, California, the City
Council will hold a public hearing on the following:
REVIEW OF DEVELOPMENT AGREEMENT BETWEEN THE CITY
AND MARBELLA DEVELOPMENT COMPANY
Consideration of a proposed development agreement per California Government Code
Sections 65864 et req- for the Marbella Planned Community for 327± acres currently
under construction consisting of single-family residential, mufti -family residential, golf
course and club house, and certain commercial uses. The purpose of the agreement is to
ensure that the project is completed in a manner consistent with the Marbella Planned
Community Comprehensive Development Plan, including requirements for improvements
and dedications of public facilities both on and off-site. If the development agreement is
approved, the property will be subject to all rules and regulations in force at the date of
execution. The property under consideration is located on Rancho Viejo Road generally
between Malaspina Road and Avenida Los Cerritos and encompasses all of Tract 12954.
This project has been reviewed and processed in accordance with the California
Environmental Quality Act. The City's Environmental Review Board has determined that
the EIR previously certified by the City Council for General Plan Amendment 86-4,
Rezone 86-4, and Tentative Tract 12954 is adequate to serve as the required
environmental documentation for the proposed development agreement.
Those desiring to be heard in favor of, or in opposition to, this item will be given an
opportunity to do so during such hearing or by writing to the City Council at 32400 Paseo
Adelanto, San Juan Capistrano, California 92675, Attention: City Clerk. For further
information, you may contact the City Clerk's Department at 493-1171.
MARY/ NII# OVER; CITY CLERK
OFFICE USE ONLY:
STATE OF CALIFORNIA )
COUNTY OF ORANGE
CITY OF SAN JUAN CAPISTRANO )
AFFIDAVIT OF POSTING
AND PUBLICATION
MARY ANN HANOVER, being first duly sworn, deposes and says: That she is
the duly appointed and qualified City Clerk of the City of San Juan Capistrano; that on
August 18, 1988, she caused the above Notice to be posted in three (3) public places in
the City of San Juan Capistrano, to wit:
City Hall;
Old Fire Station Recreation Complex;
Orange County Public Library
AND, that on August 18, 1988, the above Notice was published in the Capistrano Valley
News newspaper.
City of San Juan Capistrano,
California
SUBJECT:
noti0of continuation of f
PUBLIC HEARING
CITY OF SAN JUAN CAPISTRANO
REVIEW OF DEVELOPMENT AGREEMENT BETWEEN THE CITY AND
MARBELLA DEVELOPMENT COMPANY
NOTICE IS HEREBY GIVEN, that the Public Hearing with respect to the
review of the Development Agreement between the City and Marbella Development
Company, held on September 6, 1988, at 7:00 P.M., in the City Council Chamber was
continued by official action of the City Council to September 20, 1988, at 7:00 P.M., in
the City Council Chamber, 32400 Paseo Adelanto, San Juan Capistrano, California.
DATED: September 7, 1988
FOR OFFICE USE ONLY:
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
CITY CLER
AFFIDAVIT OF POSTING
MARY ANN HANOVER, being first duly sworn, deposes and says: That she is
the duly appointed and qualified City Clerk of the City of San Juan Capistrano; that on
September 7, 1988, she caused the above Notice to be posted in three (3) public places in
the City of San Juan Capistrano, to wit:
City Hall;
Old Fire Station Recreation Complex;
Orange County Public Library
'MARY ANN,,,41ANOVER, City Clerk
City of Sa Juan Capistrano,
California
J
S
✓ '�.r
THE FAIRWAY LAND COMPANY
Laguna Niguel, California
February 7, 1989
City of San Juan Capistrano
32400 Pasco Adclanto
San Juan Capistrano, California 92675
To Whom it May Concern:
This letter will introduce Moe Johns of The Smyth Companies as our
agent to work with the City in the processing of the Marbella Golf and
Country Club Golf Villas (Tract Map Number 13532). Mr. Johns has been
authorized by our company to act on our behalf on this .project in a
capacity similar to our own employees. Fairway Land has retained the
authority to execute permits, applications, ctc, although Mr. Johns has been
authorized to perform all other customary functions and duties associated
with this tract.
We would appreciate the City extending the courtesies and
cooperation to Mr. Johns in this capacity that our employees and staff have
enjoyed throughout our relationship on the Marbella project. Our staff and
I will continue to be available to work with the City and respond to any
requests as we historically have.
If any questions arise in this regard, please do not hesitate to call me.
Thank you.
Si c rely,
Philip R. Ja ob , Jr.
President
copy to: Mr. Stephen B. Julian, City Manager
EE8
33971 Selva Road • Laguna Niguel, California 92677 • 714 661-1461
MQ
0
September 8, 1988
Marbella Development Company
33971 Selva Road, Suite 130
Laguna Niguel, California 92677
dVAN*
,y
9 �mlunouno
uuuneu 1961
1776
• B
Re: Development Development Agreement - Marbella Golf and Country Club- Marbella Golf and Country Club
Gentlemen:
MEMBERS OF THE CITY COUNCIL
ANTHONY L. BLAND
LAWRENCE F. BUCHHEIM
KENNETH E. FRIESS
GARY L. HAUSDORFER
PHILLIP R. SCHWARTZE
CITY MANAGER
STEPHEN B JULIAN
At its regular meeting held September 8, 1988, the City Council of the City of San
Juan Capistrano took action to continue consideration of the Development
Agreement for the Marbella Golf and Country Club to the next meeting to be held
September 20, 1988. Copies of the Agenda will be forwarded to you prior to that
meeting.
Very truly yours,
Mary Ann nover, CMC
City Clerk
MAH/cj
cc: Director of Community
Planning and Development
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493.1171
CJ
MEMORANDUM
TO: Interested Persons
fit► d�aa �
• �mmavoea¢o
(Simi 1" 0 1961
776
FROM: Mary Ann Hanover
DATE: September 8, 1988
SUBJECT: Continuation of Marbella Golf and Country
Club Development Agreement
t 1 SC
MEMBERS OF THE CITY COUNCIL
ANTHONY L. BLAND
LAWRENCE F. BUCHHEIM
KENNETH E. FRIESS
GARY L. HAUSDORFER
PHILLIP R. SCHWARTZE
CITY MANAGER
STEPHEN B JULIAN
At their meeting of September 6, 1988, the City Council took action to continue
consideration of a Development Agreement for the Marbella Golf and Country
Club project to the meeting of September 20, 1988. Copies of the Agenda will be
forwarded to you prior to that meeting.
If you have any questions, please do not hesitate to call.
MARY AN1K HANOVER
MAH/cj
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171
0 0
Mission Hills Homeowners's Association
P.O. Box 7 11
San Juan Capistrano, CA 92693
Malaspina Homeowners' Association
26902 Paseo Cardero
San Juan Capistrano, CA 92675
Mr. John Lloyd
Stoneridge Estates Homeowners' Assoc.
29802 Highview Circle
San Juan Capistrano, CA 92675
Hunt Club Community Assoc.
c/o L.P. Barkley Assoc., Inc.
66 Fairlake
Irvine, CA 92714
Nis. Joan Vollar
Capistrano Royale
29952 Imperial Drive
'San Juan Capistrano, CA 92675
Huebsch, Herb
30231 Silver Spur Circle
San Juan Capistrano, CA 92675
Mayne, David W.
30192 Branding Iron
San Juan Capistrano, CA 92675
Baker, Guy E.
30172 Branding Iron
San Juan Capistrano, CA 92675
Fox, Frederick M.
30162 Branding Iron
San Juan Capistrano, CA 92675
Crummy, Mary Lou
30202 Silver Spur Road
San Juan Capistrano, CA 92675
Aminta Limited Partnership
2049 Century Park East, Suite 2800
Los Angeles, CA 90067
San Juan Corporate Plaza
22952 Alcalde Dr, Suite 140
Laguna Hills, CA 92653
Marbella Development Co.
33971 Selva Rd., Suite 130
Laguna Niguel, CA 92677
Malaspina Corp.
P.O. Box 338
San Juan Capistrano, CA 92675
Foresman, Robert R. Jr.
26902 Paseo Cardero
San Juan Capistrano, CA 92675
Tracy, Thomas K.
26863 Paseo Cardero
San Juan Capistrano, CA 92675
Maurer, Robert e.
14841 Yorba St.
Tustin, CA 92680
Coral Properties TR
P.O. Box 2006
Tustin, CA 92681
Stoneridge Estates Homeowners' Assn.
c/o Fredricks Dev. Corp.
18 Brookhollow Dr
Santa Ana, CA 92705
Weiner, Stuart TR
30181 Hillside Terrace
San Juan Capistrano, CA 92675
Priest, William
30183 Hillside Terrace
San Juan Capistrano, CA 92675
Investment Development Group
18039 Crenshaw Blvd. #303
Torrance, CA 90504
Stoneridge Estates Homeowners' Assoc.
c/o Merit Property Mgmt., Inc.
24422 Ave de la Carlota, Suite 460
Laguna Hills, CA 92653
PHN Mailing List - Revoof Dev. Agreement between the CIO Marbella (Cont.)
Kittredge, Robert G.
27692 Horseshoe Bend
San Juan Capistrano, CA 92675
McBride, Dennis F.
27682 Horseshoe Bend
San Juan Capistrano, CA 92675
Fischer, Bernard J.
27702 Horseshoe Bend
San Juan Capistrano, Ca 92675
Ince, Victor
27712 Horseshoe Bend
San Juan Capistrano, CA 92675
Bunte, Ronald d.
27711 Horseshoe Bend
San Juan Capistrano, CA 92675
Chen, Allen T. L.
18605 Moronga St.
Fountain Valley, CA 92708
Fenning, Alan M.
27681 Horseshoe Bend
San Juan Capistrano, CA 92675
Christopher, Cooke b.
30176 Hillside Terrace
San Juan Capistrano, Ca f92675
Trieloff, Charles J.
30171 Saddleridge
San Juan Capistrano, CA 92675
Mozingo, Glen Randy TR
30161 Saddleridge
San Juan Capistrano, Ca 92675
Zigrossi, Gerald F.
31551 Camino Capistrano, Unit B
San Juan Capistrano, CA 92675
Crawford, Kim
30175 Hillside Terrace
San Juan Capistrano, CA 92675
Haxton, Ronald Scott
24461 Zandra Dr
Mission Viejo, CA 92691
- 2 -
Drummy, Stephen C.
27761 Horseshoe Bend
San Juan Capistrano, CA 92675
Investment Development
18039 Crenshaw blvd. #303
Torrance, CA 90504
Cisneros, Anthony
27601 Forbes Rd, 1134
Laguna Niguel, CA 92677
White, Michael A.
27731 Horseshoe Bend
San Juan Capistano, CA 92675
Arnold, Robert
27721 Horseshoe Bend
San Juan Capistrano, CA 92675
McKechnie, W'. A.
26787 Poveda
Mission Viejo, CA 92691
Ammex Associates, Inc.
1000 E. William St., #100
Mission Viejo, CA 92691
Kim, Sung c.
30125 Hillside Ter
San Juan Capistrano, CA 92675
Huntsinger, Carl F.
30131 Hillside Ter
San Juan Capistrano, Ca 92675
Miyawaki, Mark
30131 Hillside Ter
San Juan Capistrano, CA 92675
Campbell, Gary D.
30141 Hillside Ter
San Juan Capistrano, CA 92675
Lee Sophy
2232 Liane Lane
Santa Ana, CA 92705
\'aping, Robert J.
30151 Hillside Ter
San Juan Capistrano, CA 92675
1IHN V,'ailing List - Revloof Dei. Agreement between the CIO Marbella (Cont.)
Bernay, Marvin A. TR
30151 Hillside Terrace
San Juan Capistrnao, CA 92675
Sandberg, John Thomas
30161 Hillside Terrace
San Juan Capistrano, CA 92675
Pochirowski, William J.
30165 Hillside Terrace
San Juan Capistrano, CA 92675
Brown, Stephen A.
30171 Hillside Ter
San Juan Capistrano, CA 92675
Harris, Jerry V.
33211 Paseo Blanco
San Juan Capistrano, CA 92675
Raw i, Ghassan A.
25892 Jamon Lane
Mission Viejo, CA 92691
Robinson, Glenn Charles
28235 Driza
Mission Viejo, CA 92692
Mission Hills Ranch Assn
c/o Christenson, Thomas E.
18 Brook -hollow, Dr
Santa Ana, CA 92705
Capistrano Valley Water
P.O. Box 967
San Juan Capistrano, CA 92693
Marbella Development
33971 Selva Rd., Suite 130
Laguna Niguel, CA 92677
Honeyman, Robert B., Jr.
P.O. Box 607
San Juan Capistrano, CA 92693
Sheraton Intercontinental Development
27942 Suffolk Lane
San Juan Capistrano, CA 92675
- 3 -
C
September 21, 1988
Marbella Development Company
33971 Selva Road, Suite 130
Laguna Niguel, California 92677
Re: Development Agreement - Marbella Golf and Country Club
Gentlemen:
MEMBERS OF THE CITY COUNCIL
ANTHONY L. BLAND
LAWRENCE F. BUCHHEIM
KENNETH E. FRIESS
GARY L. HAUSOORFER
PHILLIP R. SCHWARTZE
CITY MANAGER
STEPHEN B JULIAN
At its regular meeting held September 20, 1988, the City Council of the City of
San Juan Capistrano took action to approve the Development Agreement for the
Marbella Golf and Country Club. A fully -executed copy of the Agreement is
enclosed for your files; the original copy has been forwarded to the Orange County
Recorder's Office. Ordinance No. 634, which approved the Agreement, was
introduced at the meeting and is scheduled for adoption on October 4th.
Following adoption, a copy will be forwarded to you.
Very truly yours,
Ntary Ann Hover, CNiC
City Clerk
MAH/cj
cc: Director of Canmunity
Planning and Development
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493.1171
0 0
name DEVELOPMENT AGREEMENT - MARBELLA
Mission Hills Homeowners's Association
P.O. Box 711
San Juan Capistrano, CA 92693
Malaspina Homeowners' Association
26902 Paseo Cardero
San Juan Capistrano, CA 92675
Mr. John Lloyd
Stoneridge Estates Homeowners' Assoc.
29802 Highview Circle
San Juan Capistrano, CA 92675
Hunt Club Community Assoc.
c/o L.P. Barkley Assoc., Inc.
66 Fairlake
Irvine, CA 92714
Ms. Joan Vollar
Capistrano Royale
29952 Imperial Drive
San Juan Capistrano, CA 92675
Huebsch, Herb
30231 Silver Spur Circle
San Juan Capistrano, CA 92675
Mayne, David W.
30192 Branding Iron
San Juan Capistrano, CA 92675
Baker, Guy E.
30172 Branding Iron
San Juan Capistrano, CA 92675
Fox, Frederick M.
30162 Branding Iron
San Juan Capistrano, CA 92675
Drummy, Mary Lou
30202 Silver Spur Road
San Juan Capistrano, CA 92675
Aminta Limited Partnership
2049 Century Park East, Suite 2800
Los Angeles, CA 90067
San Juan Corporate Plaza
22952 Alcalde Dr, Suite 140
Laguna Hills, CA 92653
u
Marbella Development Co.
33971 Selva Rd., Suite 130
Laguna Niguel, CA 92677
Malaspina Corp.
P.O. Box 338
San Juan Capistrano, CA 92675
Foresman, Robert R. Jr.
26902 Paseo Cardero
San Juan Capistrano, CA 92675
Tracy, Thomas K.
26863 Paseo Cardero
San Juan Capistrano, CA 92675
Maurer, Robert e.
14841 Yorba St.
Tustin, CA 92680
Coral Properties TR
P.O. Box 2006
Tustin, CA 92681
Stoneridge Estates Homeowners' Assn.
c/o Fredricks Dev. Corp.
18 Brookhollow Dr
Santa Ana, CA 92705
Weiner, Stuart TR
30181 Hillside Terrace
San Juan Capistrano, CA 92675
Priest, William
30183 Hillside Terrace
San Juan Capistrano, CA 92675
Investment Development Group
18039 Crenshaw Blvd. 0303
Torrance, CA 90504
Stoneridge Estates Homeowners' Assoc.
c/o Merit Property Mgmt., Inc.
24422 Ave de la Carlota, Suite 460
Laguna Hills, CA 92653
Kittredge, Robert G.
27692 Horseshoe Bend
San Juan Capistrano, CA 92675
McBride, Dennis F.
27682 Horseshoe Bend
San Juan Capistrano, CA 92675
0
0 0
Fischer, Bernard J.
27702 Horseshoe Bend
San Juan Capistrano, Ca 92675
Ince, Victor
27712 Horseshoe Bend
San Juan Capistrano, CA 92675
Bunte, Ronald d.
27711 Horseshoe Bend
San Juan Capistrano, CA 92675
Chen, Allen T. L.
18605 Moronga St.
Fountain Valley, CA 92708
Fenning, Alan M.
27681 Horseshoe Bend
San Juan Capistrano, CA 92675
Christopher, Cooke b.
30176 Hillside Terrace
San Juan Capistrano, Ca f92675
Trieloff, Charles J.
30171 Saddleridge
San Juan Capistrano, CA 92675
Mozingo, Glen Randy TR
30161 Saddleridge
San Juan Capistrano, Ca 92675
Zigrossi, Gerald F.
31551 Camino Capistrano, Unit B
San Juan Capistrano, CA 92675
Crawford, Kim
30175 Hillside Terrace
San Juan Capistrano, CA 92675
Haxton, Ronald Scott
24461 Zandra Dr
Mission Viejo, CA 92691
Drummy, Stephen C.
27761 Horseshoe Bend
San Juan Capistrano, CA 92675
Investment Development
18039 Crenshaw blvd. #303
Torrance, CA 90504
Cisneros, Anthony
27601 Forbes Rd, #34
Laguna Niguel, CA 92677
White, Michael A.
27731 Horseshoe Bend
San Juan Capistano, CA 92675
Arnold, Robert
27721 Horseshoe Bend
San Juan Capistrano, CA 92675
McKechnie, W. A.
26797 Poveda
Mission Viejo, CA 92691 /
Ammex Associates, Inc.
1000 E. William St., #100
Mission Viejo, CA 92691
Kim, Sung c.
30125 Hillside Ter
San Juan Capistrano, CA 92675
Huntsinger, Carl F.
30131 Hillside Ter
San Juan Capistrano, Ca 92675
Miyawaki, Mark
30131 Hillside Ter
San Juan Capistrano, CA 92675
Campbell, Gary D.
30141 Hillside Ter
San Juan Capistrano, CA 92675
Lee Sophy
2232 Liane Lane
Santa Ana, CA 92705
Walling, Robert J.
30151 Hillside Ter
San Juan Capistrano, CA 92675
Bernay, Marvin A. TR
30151 Hillside Terrace
San Juan Capistrnao, CA 92675
Sandberg, John Thomas
30161 Hillside Terrace
San Juan Capistrano, CA 92675
October 5, 1988
Marbella Development
33971 Selva Road, Suite 130
Laguna Niguel, California 92677
Re: Ordinance Approving Development Agreement
Gentlemen:
0 F1, 1e
MEMBERS OF THE CITY COUNCIL
ANTHONY L. BLAND
LAWRENCE F. BUCHHEIM
KENNETH E. FRIESS
GARY L. HAUSDORFER
PHILLIP R. SCHWARTZE
CITY MANAGER
STEPHEN B JULIAN
At their regular meeting held October 4, 1988, the City Council of the City of San
Juan Capistrano took action to adopt Ordinance No. 634, Approving Development
Agreement (Marbella). The Ordinance will take effect 30 days after adoption. A
copy of the Ordinance is enclosed for your files.
If we can be of any further assistance, please do not hesitate to call.
Very truly yours,
Mary Ann / over, CMC
City Clerk
MAH/cj
Enclosure
cc: Director of Community
Planning and Development
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171
0
MEMORANDUM
TO: Interested Persons
FROM: Mary Ann Hanover
DATE: September 21, 1988
SUBJECT: Approval of Marbella Golf and Country
Club Development Agreement
MEMBERS OF THE CITY COUNCIL
ANTHONY L. BLAND
LAWRENCE F. BUCHHEIM
KENNETH E. FRIESS
GARY L. HAUSDORFER
PHILLIP R. SCHWARTZE
CITY MANAGER
STEPHEN B JULIAN
At their meeting of September 20, 1988, the City Council took action to approve a
Development Agreement for the Marbella Golf and Country Club project. The
agreement provided assurances that the approved project will be completed in the
manner intended by the City and the owner, and set forth permitted uses of the
property and benefits received by the City.
If you have any questions, please do not hesitate to call.
MARY AN
MAH/cj
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171
MEMORANDUM
TO: Mary Ann Hanover
FROM: Chert' I
DATE: September 20, 1988
SUBJECT: Marbella Development Agreement - Item Fl
We received a call from Joan Voller, 29952 Imperial Drive, 364-5520, stating that
she may be unable to attend the Public Hearing tonight and wished to make
Council aware of her concerns regarding the increase in traffic along Rancho
Viejo Road; the increase in accidents at Highland Drive and Rancho Viejo Road;
and, the increase in noise. She specifically wished her question answered
regarding when a sound wall would be installed along the freeway.
Cheryl
C:
Pochirowski, William J.
30165 Hillside Terrace
San Juan Capistrano, CA 92675
Brown, Stephen A.
30171 Hillside Ter
San Juan Capistrano, CA 92675
Harris, Jerry V.
33211 Paseo Blanco
San Juan Capistrano, CA 92675
Rawi, Ghassan A.
25892 Jamon Lane
Mission Viejo, CA 92691
Robinson, Glenn Charles
28235 Driza
Mission Viejo, CA 92692
Mission Hills Ranch Assn
c/o Christenson, Thomas E.
18 Brookhollow Dr
Santa Ana, CA 92705
•
N� Ad�ess
a ala view nt Ct--
Capistrano Valley Water
P.O. Box 967
San Juan Capistrano, CA 92693
Marbella Development
33971 Selva Rd., Suite 130
Laguna Niguel, CA 92677
Honeyman, Robert B., Jr.
P.O. Box 607
San Juan Capistrano, CA 92693
Sheraton Intercontinental Development
27942 Suffolk Lane
San Juan Capistrano, CA 92675
GMS/TT7885a