Loading...
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 F:\D0C\140\88080002.AGR Q' �� IIE�NNOnER I �slg4 Dui eLe4A_A�. 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 2 09-01-88 F: \DOC\ 148\88080002. AGR 88-488653 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: 3 DB -D1-88 F:\D0C\14B\88080002.AGR 44 88-488653 (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 4 09 -01 -BB P:\OOC\148 \80090002.AGR : 88-488653 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 5 09-01-88 P:\MC\148\88080002.AGR 88-488653 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 6 09-01-88 F:\DOC\148\88080002.AGR 0 86-488653 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; 7 09-01-88 F:\DOC\148\88080002.AGR • 88-488653 (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. 8 ov-ol-ae P:\D0C\140\08080002.AGR 88,488653 (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; 9 09-01-88 P:\D0C\140\980e0002.AGR 0 • 88-488653 (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. 10 09-01-88 F:\D0C\148\88080002.AGR 0 0 88-488653 (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 11 09-01-88 F!\DOC\198\8B060002.ACR 0 88-488653 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 12 09-01-88 F:\DOC\148\80080002.AGR 0 0 88-488653 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 13 09-01-88 F:\DOC\198\08080002.AGR 0 r , 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. 14 09-01-88 F:\DOC\148\88080002.AGR i 88-488653 (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. 15 09-01-08 P:\DOC\148\88080002.AG8 i 0 88-488653 (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 16 09-01-88 P:\DOC\148\88080002.AGR • 0 88-488653 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 17 09 -OA -88 F:\D0C\148\88080002.AGA • 88-488653 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 18 09-01-88 F:\DOC\148\88080002.AGR • • 88-488653 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 19 09 -01 -BB F:\000\149\O8OB0002.AGA 88-488653 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 20 09-01-88 F:\D0C\148\88080002.AGA 88-488653 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 21 09-01-00 P:\DOC\148\80000002.AGA 0 88-488653 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. 22 09_01-88 P:\00C\148\88080002.AGR 88-488653 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" 23 09-01-86 F:\D0C\146\88080002.AGR 88-488653 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. 24 09-01-80 F:\D0C\140\88080002.AGR 88-488653 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 25 09-01-08 F!\D0C\148\88080002.AGR 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