21-0615_SOUTH COAST INVESTORS II, LLC_Agenda Report_E7City of San Juan Capistrano
Agenda Report
TO: Honorable Mayor and Members of the City Council
FROM: Benjamin Siegel, City Manager
SUBMITTED BY: Charlie View, Assistant City Manager
PREPARED BY: Eric P. Bauman, Assistant Utilities Director
DATE: June 15, 2021
SUBJECT: Notice of Completion Resolution and Release of Corresponding
Sureties Pertaining to the Plaza Banderas Hotel Mixed Use
Development (Inn at the Mission), (RD Olson Construction, Inc.
c/o South Coast Investors II, LLC)
RECOMMENDATION:
1.Adopt a Resolution accepting the onsite public water facility improvements
pertaining to the Plaza Banderas Hotel Mixed Use Development (Inn at the
Mission); and,
2.Direct the City Clerk to process the recording of the Notice of Completion with the
Orange County Recorder; and,
3.Authorize the City Clerk to release the corresponding bonds 35 days after the
recordation of the Notice of Completion.
EXECUTIVE SUMMARY:
The developer of the Plaza Banderas Hotel Mixed Use Development, now the Inn at the
Mission, has requested the acceptance of facilities and the release of the water onsite and
offsite improvement bonds held by the City. These improvements have been inspected
and satisfactorily completed. Staff recommends adoption of a resolution accepting the
work as complete, the filing of a Notice of Completion and the release of the corresponding
bonds.
6/15/2021
E7
City Council Agenda Report
June 15, 2021
Page 2 of 3
DISCUSSION/ANALYSIS:
The Inn at the Mission Inn is a mixed-use development on the 3.18 acres located at 26871
& 26891 Ortega Highway, generally located at the northeast corner of Ortega Highway and
El Camino Real. The development consists of a 74,973 square foot, 124-room hotel and
approximately 14,500 square feet of commercial use including 6,509 square feet of retail
commercial floor area, a 5,747 square foot restaurant, and a 1,971 square foot private
office.
The project was originally approved on October 5, 2010, as the Plaza Banderas Hotel
Mixed Use Development. The developer has completed the improvement work as required
by the Conditions of Approval. The improvements have been inspected and have been
found to be completed per City standards and to the satisfaction of the Assistant Utilities
Director. The date of substantial completion is June 8, 2020, the date of the Certificate of
Occupancy.
With the completion of the improvements and the one-year warranty period, the bond
release is recommended as follows:
SURETY COVERAGE
Developers Surety and Indemnity Company is Federal Insurance Company.
Bond Number Type of Improvement Bond Amount
Bond #8239-47-14 Water & Appurtenances $ 377,773.00
Total Bond Amount $ 377,733.00
FISCAL IMPACT:
There is no fiscal impact associated with the recommended actions.
ENVIRONMENTAL IMPACT:
The recommended action of adopting a resolution accepting the work of improvements
pertaining to Tract Map 16146, 17655 and 17713 is not subject to CEQA pursuant to
Section 15060(c)(3) of CEQA Guidelines because the action is not a project as defined in
Section 15378 of the CEQA Guidelines, and the action has no potential for resulting in
physical change to the environment, directly or indirectly.
PRIOR CITY COUNCIL REVIEW:
• On November 5, 2018, the City Council adopted a resolution affirming the Planning
Commission’s approval of a modification to the Inn at the Mission Hotel site plan
associated with Architectural Control (AC) 18-024.
• On October 5, 2010, the City Council approved the project with Resolution 10-10-
05-05, as the Plaza Banderas Hotel Mixed Use Development.
City Council Agenda Report
June 15, 2021
Page 3 of 3
COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS:
This item does not require commission or committee review.
NOTIFICATION:
• RD Olson Construction, Inc. c/o South Coast Investors II, LLC
ATTACHMENT(S):
Attachment 1 - Resolution
Attachment 2 - Notice of Completion
ATTACHMENT 1, Page 1 of 2
RESOLUTION NO. 21-06-15-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DETERMINING COMPLETION OF WORK
IN ACCORDANCE WITH APPROVED PLANS AND SPECIFICATIONS
FOR THE CONSTRUCTION OF ON-SITE AND OFF-SITE
IMPROVEMENTS ASSOCIATED WITH PLAZA BANDERAS HOTEL
MIXED USE DEVELOPMENT (NOW THE INN AT THE MISSION)
(APPLICANT: RD OLSON CONSTRUCTION, INC. C/O SOUTH COAST
INVESTORS II, LLC.)
WHEREAS, on October 5, 2010, the City Council adopted Resolution No. 10-10-
05-05 conditionally approving the Plaza Banderas Hotel Mixed Use Development (now
the Inn at the Mission) on 3.18 acres of land; and,
WHEREAS, RD Olson Construction, Inc, c/o South Coast Investors II, LLC, has
requested that the City determine that such on-site and off-site improvements are
completed and the corresponding remaining surety bonds be released accordingly. The
surety release is as follows:
SURETY COVERAGE (Federal Insurance Company)
Bond Number Type of Improvement Bond Amount
#8239-47-14 Water (plan UD16-0008) $ 337,773.00
Total Bond Amount $ 337,773.00
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San
Juan Capistrano as follows:
SECTION 1. That the improvement work required to be performed by said developer
has been completed and approved.
SECTION 2. That the completed work with a value of $337,773.00 is accepted.
SECTION 3. That the sureties described in the chart above may be released
accordingly.
PASSED, APPROVED, AND ADOPTED this 15th day of June 2021.
John Taylor, Mayor
ATTACHMENT 2, Page 2 of 2
ATTEST:
_____________________________
Maria Morris, City Clerk
APPROVED AS TO FORM:
_____________________________
Jeffrey C. Ballinger, City Attorney
BEST BEST & KRIEGER LLP
ATTACHMENT 2, Page 1 of 1
RECORDED AT REQUEST OF AND
RETURN TO:
City of San Juan Capistrano
City Clerk's Office
32400 Paseo Adelanto
San Juan Capistrano, CA 92657
RECORDING FEES EXEMPT DUE TO
GOVERNMENT CODE SECTION 27383
_____________________________________
Maria Morris, City Clerk
San Juan Capistrano, CA
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that on October 5, 2010, the City Council approved General Plan
Amendment 10-001, with Resolution #10-10-05-05, and Conditions of Approval; for the
construction of on-site and off-site improvements relating to the development of Plaza
Banderas Hotel Mixed Use Development (now the Inn at the Mission) in San Juan Capistrano.
That said work was substantially completed on May 20, 2020, by the successor in interest to
the developer RD Olson Construction, Inc. c/o South Coast Investors II, LLC according to plans
and specifications and to the satisfaction of the City, and that said work was accepted by the
City Council of the City of San Juan Capistrano, as the owner, 32400 Paseo Adelanto, San
Juan Capistrano, California 92675, at a regular meeting thereof held on the 15th day of June
2021 by Resolution No. 21-06-15-XX.
That upon said contract, Federal Insurance Company a corporation organized and existing
under laws of the state of Indiana was surety for the bonds given by the said company as
required by law.
Dated at San Juan Capistrano, California, this 15th day of June 2021.
__________________________________________
Maria Morris, City Clerk
City of San Juan Capistrano
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, the duly appointed and qualified City Clerk of the City Council of the
City of San Juan Capistrano, California, DO HEREBY CERTIFY, under penalty of perjury that
1) I have read the foregoing document and know the contents thereof, and the facts therein
state are true of my own knowledge; 2) I declare the forgoing is true and correct; and 3) the
foregoing Notice of Completion was duly and regularly ordered to be recorded in the Office of
the Orange County Recorder by said City Clerk.
Dated at San Juan Capistrano, California, this 15th day of June 2021.
__________________________________________
Maria Morris, City Clerk,
City of San Juan Capistrano