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1992-0901_SAN JUAN CREEK ASSOCIATES, LTD._Development Agreement
State of / /�/i f0�✓i A 1 ' County of . 71,jo'E Ji O On � / z before me, ��/�.�.�„l ��p_yLD/s�iui/✓1���. 5 DATE NAME, TIKE OF OFFICER - E G..'JANE DOE, NOTARY P LIC• ,t personally appeared all ✓l%F - io�J NAMES) OF SIGNER(S) ❑ personally known to me - OR - E�proved to me on the basis of satisfactory evidence to be the personal whose nameW is/are OFFICIAL NOTARY SEAL �-, MARYLIN WOOD _ Notary Pudic—California ORANGE COUNTY Comm. Ex NOV 03.1995 subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in hisN 4&ior authorized capacity(ies), and that by hisy#ieW+4eir signature*)] on the instrument the person(a), or the entity upon behalf of which the person (&) acted, executed the instrument. Witness my hand and official seal. OF CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL(S) ❑ CORPORATE OFFICER(S) TITLES) ❑ PARTNER(S) ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ SUBSCRIBING WITNESS ❑ GUARDIANICONSERVATOR ❑ OTHER'. SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENTITY(IES) ATTENTION NOTARY: Although the information requested below LO-PtIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE Title or Type of Document rJEh o 4! i� MUST BE ATTACHED YP TO THE DOCUMENT Number of Pages Dat f Document DESCRIBED AT RIGHT: Signer(s) Other Than Named Above i1f � 31991 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave. • P O. Boa 7184 • Canoga Park, CA 91304-7184 ALL-PURPOSE ACKNOWLEDGMENT NO s State of �Q/`v7 (-e— , CAPACITY CLAIMED BY SIGNER County of Ya /tQQ J} ❑ INDIVIDUAL(S) -C6 CORPORATE�q� f On �D� lq7L before me,0f e-4yG A- �T HpLl3i�Af IVOTA OFFICERS) DATE ) NAME. TITLE OF OFFICER E.G..'JANE DOE. NGTARY PUBLIC' ITLE(SI _ c ❑ PARTNER(S) personally appeared Cy / L \� jA) E 7 ❑ ATTORNEY-IN-FACT NAME(S) OF SIGNERS) ❑ TRUSTEE(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence ❑ SUBSCRIBING WITNESS to be the personY whose nam is/are- ❑ GUARDIAN/CONSERVATOR subscribed to the within instrument and ac- knowledged to me that he/shentrey executed ❑ OTHER: the same in his/he thea authorized capacity(ies), and that by his/herkheTr signature(eon the instrument the persorfts ortheentityupon behalf ofwhich the persogW SIGNER IS REPRESENTING: acted, executed the instrument. NAM? F PERSONSs OR ENTITY(IES) ,. OFFICIAL SEAL C� p CHERYL A. JOHNSON Witness my hand and official seal. ' oA nOTARY PUBLIC -CALIFORNIA `/LCLL17 161 Jam'/YJ ORANGE COUNTY My comm, expires DEC 13, 19?3 6INATURE OF NQVRY ATTENTION NOTARY: Although the Information requested below Is OPTIONAL.Kould prevent fraudulent attachment of this Certificate to unauthonzec document. THIS CERTIFICATE Title or Type of Document Slk tw.x.o Irn— MUST BE ATTACHEDNumber of Pages �L TO THE DOCUMENT g / Date of Doc/,ument 7� DESCRIBED AT RIGHT: Signer(s) Other Than Named Above`.IR"eS /"IQ, -e -Ka 9 1991 NATIONAL NOTARY ASSOCIATION • 8236 Remmei Ave. • P 0- Bos 7184 •Canoga Park. CA 913064180 EXHIBIT C BACKBONE INFRASTRUCTURE The improvements to Forster Canyon Road ("A" St.)1 including the following improvements as listed below: A. Storm drain (including temporary for erosion control improvements) as shown on V.T.M. 14343; B. Sewer - Gravity mains (and piping for future force main depending on TMC development schedule). C. Water - As shown on V.T.M. 14343; 1) Potable - Connect to offsite mains at La Novia and San Juan Creek Road including onsite distribution with laterals to serve future development including booster station. 2) Non -potable - Connect with offsite mains at San Juan Creek/La Novia to support permanent irrigation. D. Forster Canyon surface improvements - provide all- weather access for fire protection to the satisfaction of Fire Department - no hard improvements at this time. E. Utilities - Telephone, gas, electric lines for temporary, permanent and future use. Also major telephone relay relocation across property from north to south. F. Temporary landscaping for basic erosion control and fire prevention. ' All offsite properties benefitting from these improvements or conditioned to provide all or any of these improvements shall contribute their fair share of the costs of such improvements. 06-26-92 18200-00002 G:WOC\196\92060012.DOC 3 2 0 0 EXHIBIT B S. DRAINAGE AREA FEES SCHEDULE OF FEES 1. DEVELOPMENT PLAN CHECK FEES L02$960 per acre A. Tract Map 51,000 plus $100 per lot unit up to 25, D. L035170 per acre $7g0 plus $30 per lot unit over 25 M01 B. Parcel Map $1,000 plus $100 per lot/unit $1,470 per acre C. Record of Survey $300 plus $50 per lot 2. IMPROVEMENT PLAN CHECK FEES A. Public Improvement Plans Submittal Fee $1,000 Checking Fee 3 percent of construction costs 3. DEVELOPMENT INSPECTIONS A. Improvement Costs $0.00-$100,000 3.3 percent of improvement costs (Public and Private (Minimum $33) B. Improvement Costs $100,000 . over . $3,300 plus 3 percent of improvement cosh over $100,000 4. SURETY REOUIREMENTS A. Faithful Performance Surety 100 percent of construction costs (Surety released 1 year after Notice of Completion) B. Labor and Material Surety 100 percent of construction costs (Surety released after completion of Project) C. Monumentation Surety 100 percent of monunentation costs (Surety released upon Engineers certification of work) 3. PARKS AND RECREATION FEE A. Fee for 49 units or less Single family detached $3,302 per unit; attached wits under individual ce nershdp $2,472 per unit; apartments/mobile homes $1,939 per unit S. Fee for 30 units or more / units x occupancy factor- x 5 (Land dedication may be acres/1000 occ x $206,000 acre substituted for fee) -Occupancy factors single family 3.4 oedunit; attached units under individual ownership 2.4 occ/unit; apartments/mobile homes 1.9 occ/unit 6.. SEWER -CAPACITY FEE A. Residential $3,163 per wit B. Commercial, Industrial, $3,165 per 1,300 sq, ft. of floor area or Non -Residential fraction thereof. 7. AGRICULTURAL PRESERVATION A. Residential $300 per unit S. Commercial/Non-Residential $1,000 per ane S. DRAINAGE AREA FEES A. L01 $1,170 per acre B. L02$960 per acre C. L03 $320 per aux D. L035170 per acre $7g0 E. M01 per acre F. LQISo2 $1,470 per acre EXHIBIT A jLEGAL DESCRIPTION OF THE PROPERTY] That portion of Lot 5, in the City of San Juan Capistrano, County of Orange, State of California, as shown on a map filed in book 4, page(s) 15, of Record of Surveys, in the office of the County Recorder of said County, described as follows: Beginning at the most Southerly corner of said Lot 5; thence North 64003'45" West 495.51 feet along the Southwesterly line of said Lot 5, to the most Easterly corner of land described as Parcel 3 in a deed to Edward J. Guirado and wife, recorded April 17, 1950 in book 1999 page 443, Official Records; thence North 22°03'10" West 1386.08 feet along the Northeasterly line of said land of Edward J. Guirado, to an angle point designated Station "B" in the Southeasterly line of land described as Parcel 1 in a deed to Rosenbaum Ranch Co., a Partnership, recorded December 30, 1947 in book 1613, page 219, Official Records; thence, along the Southeasterly and Easterly line of said Land of the Rosenbaum Ranch Co., the following bearings and distances North 45018'00" East 576.30 feet, North 4007'00" East 267.60 feet, North 24005'00" East 357.47 feet, North W 26'10" East 233.10 feet, North 10°53'00" West 438.90 feet to the Northwesterly line of said Lot 5; thence North 54°50'00" East 450.00 feet along said Northwesterly line to an angle point therein; thence North 0050'00" East 500.73 feet to an angle point in the Southwesterly line of land described as Parcel 3 in a Deed to Howard L. Krum and wife, recorded November 26, 1941 in book 1120 page 253, Official Records, said point being South 0050'00" West 22.00 feet from the Southwest corner of Lot 2 of said Record of Survey above described; thence, along the Southwesterly line of said land of Howard L. Krum, the following bearings and distances: South 42033'30" East 1408.90 feet, South 66025'00" East 991.16 feet to the Easterly line of said Lot 5; thence, along the Easterly and Southeasterly line of said Lot 5, the following bearings and distances: South 10005'00" West 536.74 feet, South 23°33'00" East 1047.15 feet, South 76°55'00" West 1565.79 feet, South 89043'00" West 486.00 feet, South 31035'00" West 621.05 feet to the point of beginning. EXCEPT THEREFROM, the following: Beginning at a point of intersection of that certain course in the Westerly line and that certain course in the Northeasterly line, described as having bearings of North 0°50' East and South 42033'30" East, respectively, in Parcel 1 of deed recorded in book 1603, page 295, Official Records, in the office of the County Recorder of said County; thence, along said Northeasterly line, South 41°49'07" East 51.18 feet to the point of intersection with a curve concave Northerly, having a radius of 150 feet, at which point a tangent bears North 77002'03" West; thence Northwesterly along said curve, through an angle of 14011'56", an arc distance of 37.17 feet to said Westerly line; thence, along said Westerly line, North 1034'23" East 25.43 feet to the point of beginning. 06-26-92 1a200-00002 G:\DoC\196\9206W12.D0C 3 0 0 0 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year dated below. Dated: Q , 1992 CITY OF SAN JUAN CAPISTRANO, A municipal corporation) /'ice y By1�i— GI—L < fa k,95 , Mayor Attested: Dated: , 1992 By:�y City Clerk I Appro a as to F Dated:, 1992 By: .,,G I?Dahard Denhalter, City Attorney SAN JUAN CREEK ASSOCIATES, LTD., a California limited partnership Dated: '71,7 , 1992 By Title iSirr,n , J_ 6..N 06-26-92 78200-00002 O'W=196\92060012.DOC 29 extent such remaining provisions are not rendered impractical to enforce. Notwithstanding any other provisions of this Agreement, in tht evernc that any maLeLial provision of this Agreement is found to be unenforceable, void or voidable, Owner or City may terminate this Agreement in accordance with the provisions of the Development Agreement Legislation. 15. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and the Agreement supersedes 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 their successes and assigns. No other person shall have any right of action based upon any provision of this Agreement. 17. Periodic Review of Compliance with Agreement. (A) City shall review this Agreement at least once during every twelve (12) month period from the date this Agreement is executed. (B) During each periodic review by City, Owner is required to demonstrate good faith compliance with the terms of the Agreement. Owner agrees to furnish such evidence of good faith compliance as City in the exercising of its discretion may require. 06-26-92 18200-00002 G.\DOC\196\92060012.DOC 28 (D) Any Mortgagee who comes into possession of the Property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Property, or part thereof, subject to the terms of this Agreement. Notwithstanding any other provisions of this Agreement to the contrary, no Mortgagee other than one who has foreclosed on the Property shall have an obligation or duty under this Agreement to perform any of Owner's obligations or other affirmative covenants of Owner hereunder, or to guarantee such performance; provided, however, that to the extent that any covenant to be performed by Owner is a condition precedent to the performance of a covenant by City, the performance thereof shall continue to be a condition precedent to City's performance hereunder. 13. Extension of Tentative Man. Pursuant to the provisions of 66452.6 of the Government Code, approved Vesting Tentative Tract Map No. 14343 and any other subdivision maps associated with the Property whether approved before, after or on the Effective Date, shall be granted an extension of time through the term of this Agreement. 14. Seve ability 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 06-26-92 18200-00002 G:\Dac\196\92060012.DOC 27 City will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpre- taticn o modification is consistcui with circ inteni: ana purposes of this Agreement. Any Mortgagee of the Property shall be entitled to the following rights and privileges: (A) Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any mortgage on the Property made in good faith and for value, unless otherwise required by law. (B) The Mortgagee of any mortgage or deed of trust encumbering the Property, or any part thereof, which Mortgagee, has submitted a request in writing to the City in the manner specified herein for giving notices, shall be entitled to receive written notification from City of any default by Owner in the performance of Owner's obligations under this Agreement. (C) If City timely receives a request from a Mortgagee requesting a copy of any notice of default given to Owner under the terms of this Agreement, City shall provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to Owner. The Mortgagee shall have the right, but not the obligation, to cure the default during the remaining cure period allowed such party under this Agreement. 06-26-92 18200-00002 G:W0C\196\92060012_O0C 26 Notices required to be given to owner shall be addressed as follows: San Juan Crack ASSuclato5, LLQ. 324 West 4th Street, Second Floor Santa Ana, CA 92701 Attn: Ray Poulter with a copy to: Pettis, Tester, Kruse & Krinsky 18881 Von Karman, 16th Floor Irvine, CA 92715 Attn: John P. Yeager 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. 12. Protection of Mortgage Holders. The parties hereto agree that this Agreement shall not prevent or limit Owner, in any manner, at Owner's sole discretion, from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Property. City acknowledges that the lenders providing such financing may require certain Agreement interpretations and modifications and agrees upon request, from time to time, to meet with Owner and representatives of such lenders to negotiate in good faith any such request for interpretation or modification. 06-26-92 78200-00002 0:\DMX196\92060012.0ac 25 and no longer be subject to or burdened by, the provisions of this Agreement. The provisions of this section shali be self-executing and shaii not require the execution or recordation of any further document or instrument. 10. 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. 11. 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 Attn: Richard Denhalter 06-76-92 lam -00M s:\noc%1%\szo600t2-coc 24 0 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. (g) 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 individual residential lots within the Property upon the later to occur of (i) the sale of such lot to a purchaser who purchases not more than five (5) lots within the Property; and (ii) the obtaining of a certificate of occupancy for a dwelling unit on such lot. Upon the occurrence of the two events specified in the preceding sentence, the affected lot shall be released from, 06-26.92 18200-00002 G: M)W%196\92060012.00[ 23 (e) Enforced Delay: Extension of Time of Performance. In addition to specific provisions of this Agreement, perfuruance i,y either paicy 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. (f) 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 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 06-26-92 18200-00002 GADOC\196\92060012.DOC 22 0 Ll other benefits. Owner has invested significant time and resources and performed extensive pia,.ning aiid prcicessing 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, except as provided in paragraph 9(E)(d), 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 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) Attorneys' Fees and Costs. If legal action by either party is brought because of breach of this Agreement or to enforce a provision of this Agreement, the prevailing party is entitled to reasonable attorneys' fees and court costs. 06-26-92 18200-00002 G:\DOC\196\92060012.00[ 2 1 may give written notice of termination of this Agreement to the other party. (b) Deidult 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 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; provided, however, that to the extent that the actions of City constituting a default deprive Owner of the benefit of improvements for which assessments or special taxes have been levied on the Property, Owner may be entitled to a full or partial refund or relief from such assessments or special taxes. (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 06-26-92 78200-00002 c:\D0C\196\92060012.DDc 20 • 0 notice thereof from the other party shall con- stitute a default under this Agreement, subject to extexic.iwis of Lime 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 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 06-26-92 is=_00002 G:\uoc\796\41060072-not 19 Owner or other assignee not then in default under this Agreement, the default of an assignee shall neither ,.;onstii:ute a default, give grounds for termination of this Agreement, nor be a basis for an enforcement against Owner or other non -defaulting assignees. (D) Amendment of Agreement. This Agreement may be amended from time to time by mutual consent of the original parties or such party to which Owner assigns all or any portion of its interest in this Agreement, in accordance with the provisions of subparagraph 9(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 06-26-92 ts200-00002 G: vxx\196\92060012.0W 18 0 0 unreasonably withheld or delayed. City reserves the right to disapprove the assignment if it finds in the axerc. of its reasonable discreLiun -chat the assignment to the proposed assignee will be detrimental to the complete performance of this Agreement. During the term of this Agreement, any assignee shall have those rights, benefits, and obligations of Owner under this Agreement as expressly assigned with respect to the portion of the Property owned by assignee. Immediately upon delivery by Owner to the City of the assignee's written assumption of Owner's rights and obligations under this Agreement with respect to any portions of the Property being assigned, Owner shall be released from all obligations as to any portions of the Property so assigned. The Property may continue to be subdivided after the Effective Date of this Agreement and any legal parcel so created may be assigned for development pursuant to this Agreement. Upon such assignment, the obligations with respect to any such parcel or the Property and Project in general shall become several and not joint but Owner shall not be relieved of any of the obligations of this Agreement which are not expressly assumed in full by the assignee of any such parcel with the written consent of City as provided herein. As to O6-26-92 18200-00002 G:\DW\796\92060072.DOC 17 (B) Term. The initial term of this Agreement shall be ten (10) years commenciz,g .,,i the data ui exeuution of -chis 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. In addition, during the period of time which any litigation challenging the Project or Development Approvals for the Project, or any litigation having the actual effect of delaying implementation of the Project is pending, the Term of this Agreement shall be put "on hold" and not run. This period shall include any time during which appeals may be filed or are pending. (C) Assignment. The rights and obligations of Owner under this Agreement may be sold, hypothecated, assigned or transferred in whole or in part as part of a sale, mortgage, hypothecation, assignment or other transfer of the interest of Owner in all or a portion of the Property. (All forms of use of the verb "assign" and the nouns "assignment" and "assignee" shall include all contexts of sales, conveyances, transfers, leases and assignments.) Any assignment shall be subject to the provisions of this Agreement and to the prior written consent of City, which consent shall not be 06-26-92 1a200-00002 G:\1XXM96\92060a12.DOC 16 0 E grading. Said grading permit shall permit mass grading of the Project site to the extent required to implement ,a landfill :.losure plan aIld provide the Backbone Infrastructure and any other infrastructure improvements, if any, required to implement the landfill closure plan and the mass grading operation. (C) Financing of Landfill Closure and Public Improvements. From time to time, owner may propose to City use of public district financing, including but not limited to, community facilities districts, assessment districts, or other bonded indebtedness programs to facilitate the construction or acquisition of public improvements to be constructed and financed by the Project. City agrees to consider such proposals, if made, under its Existing Rules in good faith. Nothing herein shall be deemed to preclude the use of public financing techniques reasonably acceptable to Owner and City. 9. 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. 06-26-92 78200-00002 G:\AOCXI96\92060012.o0C 15 accordance with applicable governmental requirements, (2) the major backbone infrastructure improvements dcscribad in ExLii,it C hereto (the "B&L;k ,une Infrastructure") have been completed and (3) construction of the proposed golf course to be located on the landfill site has been commenced; provided, however, that the City shall issue building permits for residential dwelling units prior to satisfaction of the conditions described in this Section 8(A) if the Community Development Director determines that such conditions will be satisfied prior to completion of construction of the permitted residential dwelling units and subject to the condition that no occupancies will be permitted until such conditions are satisfied. (B) Timing of Grading Permit Issuance. Substantial grading of the development area of the Property will be required in order to obtain fill material needed for closure of the landfill. Closure of the landfill, therefore, will require the issuance of a grading permit for mass grading of the Project site prior to any final map approval. City agrees to issue a grading permit for the Project site prior to any final map approval provided Owner posts a bond to ensure completion of the grading and stabilization of the graded area and Owner satisfies those conditions of vesting tentative map approval relating to such 06-26-92 15200-00002 G.\00C\196\92060012.D0C 14 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. (D) Reservation of Mitigation Rights. In connection with the dedication of any land to the City required as a condition of the Development Approvals or any subsequent discretionary approvals for the Project in accordance with the Existing Rules, City agrees that Owner may reserve any necessary rights in or easements over the land to be dedicated for purposes of conducting environmental mitigation activities in connection with any local, state or federal permits required for the Project. All costs and expenses of conducting such mitigation activities, including maintenance, shall be solely the responsibility of Owner. 8. Special Circumstances Relating to Landfill Closure. (A) Timing of Landfill Closure. Owner shall be responsible for closure of the approximately 33 -acre inactive Forster Canyon landfill site located on the Property which closure is to be accomplished in accordance with applicable governmental requirements. No building permits for residential dwelling units within the Project shall be issued until (1) closure of the landfill has been accomplished in 06-26-92 18200-00002 G-\D0C\196\92060012.D0C 13 (C) Reserved Authority. (a) Uniform Codes. This Agraezent dva6 noir 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 Regulation. 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. (c) Public Health and Safety. This Agreement shall not prevent City from adopting new rules, regulations and policies which directly result 06-26-92 18200-00002 G-V10C\196\92060012.0aC 12 0 (B) Conditions. Dedications and Exactions. The conditions, dedications and exactions required of Gwnar under tliie Agreement shall be those required by the Development Approvals. City shall not impose or require any further conditions, dedications or exactions in connection with the development of the Project, except that Owner may be subject to other conditions, dedication or exaction requirements in connection with the obtaining of subsequent land use approvals provided such conditions, dedication or exaction requirements are not more restrictive than or inconsistent with the Existing Rules and Development Approvals. In reviewing subsequent land use approvals, the City may impose only those conditions and require only those dedications and reservations of land which are necessary to implement the express terms of CDP 81-1, as amended, and the Development Approvals. This Agreement is not intended to prevent the City from exercising its discretionary rights with respect to subsequent land use approvals in accordance with the Existing Rules, including, but not limited to, discretionary review of site development plans provided such discretionary rights are exercised in good faith and not in a manner inconsistent with the Existing Rules, Development Approvals and this Agreement. 06-26-92 18200-00002 G:\DOC\196\92060012.DOC 1 1 fees, and other similar fees associated with development of the Project which are in existence at the time of execution of chis Development Agreement at the rate in existence at the time said fees are normally required to be paid to City. A schedule of applicable fees is attached hereto as Exhibit B. Notwithstanding the preceding sentence, Owner may, in the discretion of the City Council, receive credit against City agricultural preservation fees and park and recreation fees because the Project will preserve substantial amounts of open space and will encompass substantial recreational opportunities to the community through the creation of an executive golf course and driving range which will be open to the public. Provided that the Owner, or its successor, executes an "Affordability Agreement" with respect to all of the 180 units of senior housing anticipated to be constructed within the Project in accordance with CDP 81-1, as amended, Owner or its successor shall receive credit against, or a waiver of, any affordable housing "in lieu" fees or other affordable housing requirements for the Project. 06-26-92 18m00-00002 G.\p(x\796\92060012_DOC 10 0 Building permits for single family dwelling units shall be allocated to Owner as follows: 1993 - 25 1994 - 80 1995 - 80 1996 - 90 Up to 35 unused building permit allocations per year may be carried over by Owner to succeeding years. The senior residential units within the Project shall be exempt from the restrictions of the Residential Growth Management Program. Notwithstanding the foregoing, Owner may apply for and City may grant allocations of building permits for the Project in excess of the allocations set forth in CDP 81-1, as amended, in accordance with the Residential Growth Management Program without requiring an amendment to this Agreement. It is the intent of City and Owner that this provision shall prevent a later -adopted initiative restricting the timing of development in the City from negating the timing of the Project or the allocation of building permits, as set forth in this Agreement. 7. Public Improvements and Fees and Assessments. (A) Fees and Assessments. Owner shall pay all standard City-wide processing fees, application fees, utility connection fees, inspection fees, administrative plan check, development impact 06-26-92 18200-00002 O_\D0C\196\92060012-D0C 9 Approvals are not amended and subject to the effect of any amendment the parties may make to this Agreement. �\ f1J iel. l.. YhQSlllti• City has enacted zoning regulations (Municipal Code Section 9-7.01, et sec., the "Residential Growth Management Program") which restrict construction of residential units within the City to a total of 400 per year. Building permits for residential units within the Project shall be allocated to Owner on a priority basis as to other persons who may apply to the City for building permits in accordance with the allocation and phasing provisions included in CDP 81-1, as amended. 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, competition and other similar factors. Therefore, City agrees that 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, subject only to the schedule of Growth Management Allocation set forth below and the provisions of Section 8 of this Agreement. 06-26-92 18200-00002 G:\D0C\196\92060012.Dw 8 dedication of land for public purposes without review and approval by City pursuant to existing provisions of t.a i:unicipal Code relating -Lo subsequent modification of land use approvals. (E) Amendments to the Development Approvals. 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 single-family dwelling units does not increase over 275 and the total number of affordable senior housing units, as provided for in CDP 81-1, as amended, does not exceed 180. 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 those vested rights established by this Agreement to proceed with the Project in accordance with the terms and conditions of this Agreement to the extent that the Development 06-26-92 18200-00002 G:\D0C\196\92060012.00[ 7 subdivision maps (whether tentative, vesting tentative or final), building permits, occupancy certificates or other entitlements 4o 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. (C) Permitted Uses of the Property. (a) Permitted Uses. The permitted uses of the Property, the density and intensity of use of the Property, 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, the Development Approvals and the Existing Rules. (D) Procedure for Owner Reguested Changes to the Pro!ect. 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 06-26-92 18200-00002 G:\DOC\196\92060012.DOC 6 • 0 city trails consistent with the City's mastev plan of trails and Circulation Element. Dy entering into t iiti Agreement: dnd relying thereupon, Owner is obtaining those vested rights specified herein 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 shall be those rules, regulations and official pol7icies in effect on the date City Ordinance No. r /1Z becomes effective, authorizing the City to enter into the Development Agreement (the "Existing Rules") and the Development Approvals. Moreover, 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 06-26-92 18200-00002 GAD0C\796\92060012.DOC 5 policies, City will also receive direct and indirect benefits from the following: (a) Comprehensive planning of a large lana area within the City for a development which integrates a mixture of land uses in an environmentally, socially and economically responsible way; (b) Closure of the approximately 33 -acre inactive Forster Canyon landfill site located on the Property in accordance with State law and development of a 9 -hole executive golf course which is intended to create a visually pleasing land use on the former landfill site and create a source of income for post -closure maintenance of the site; (c) Preservation of approximately 60 acres of the Property for general open space; (d) Enhancement of approximately 48 acres of the Property for recreational open space (the golf course, clubhouse and lighted driving range); and (e) Construction of 180 units of affordable senior residential units in conjunction with CDP 81-1, as amended, in addition to the 275 units of single-family housing. (f) Integration of on-site equestrian -hiking trails and bicycle lanes with adjacent developments and 06-26-92 ISM -00002 G:\DOC\796\92O W12.DOC 4 (a) General Plan Amendment No. q f -J adopted by City Council Resolution No.92-7-21-6 providing for certain land use desig:iations for the Property. (b) Approved Vesting Tentative Tract Map No. 14343. (c) Zone Change 91-01, an Amendmanf-� to CDP 81-1 adopted by City Council OrAinance _. No. % providing for certain land uses and development standards for the Property. (d) All other approvals affecting the Property which are a matter of public record on the effective date of City Ordinance No. rl l Z. , authorizing the City to enter into this Agreement (the "Effective Date"). 5. Environmental Review. p On % 02 - / , 1992, the City Council, by Resolution 12'�-Z1-5 , certified, after making the appropriate findings, the final Environmental Impact Report for the Project in conjunction with the Development Approvals. 6. 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 06-26-92 18200-00002 G:M=X196\92060012.DOC 3 the approved project discussed herein is completed in the manner intended by the Owner and the City. 2. Lzatus of Owner. Owner is a limited 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 148 acres of real property within the City (the "Property"), as more particularly described in Exhibit A attached hereto and incorporated herein by this reference. Owner wishes to develop the Property by constructing 180 units of multi -family senior residential, 155 units of detached single family residential, 120 units of attached single-family residential, and a nine hole executive golf course with clubhouse and other related uses (the "Project"). The development of the Project requires substantial investments on the closure of an inactive landfill located on the Property and 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 Proiect Approval. On7/a.l`+-3/18, 1992, the City approved certain land use entitlements, following compliance with all requirements of the California Environmental Quality Act ("CEQA"), for the Project. The Project entitlements (collectively, the "Development Approvals") consist of: 06-26-92 18200-00002 GAWC\196%92060012.00C 2 DEVELOPMENT AGREEMENT DB'd',OrMEN: SSFceLHENT (the "Agreement") i5 entered into this --ST day of 1992 by and between the CITY OF SAN JUAN CAPISTRANO, a California municipal corporation (hereinafter referred to as "City") and SAN JUAN CREEK ASSOCIATES, LTD., a California limited partnership (hereinafter referred to as "Owner"), pursuant to the authority of Sections 65864 through 65869.5 of the California Government Code and Article XI Section 7 of the California Constitution. 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 sec. (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 06-26-92 lam00-00002 G:\DOC\196\92060012.D0C RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk's Department City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 WITH A COPY TO: John P. Yeager- Pettis, Tester, Kruse & Krinsky 18881 Von Karman, 14th Floor Irvine, CA 92715 (Space Above This Line for Recorder's Use) Documentary Transfer Tax - No Consideration DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND SAN JUAN CREEK ASSOCIATES, LTD. PERTAINING TO THE DEVELOPMENT KNOWN AS SAN JUAN MEADOWS September 18, 1992 Recorder's Office County of Orange P. O. Box 238 Santa Ana, California 92702 Re: Development Agreement - San Juan Meadows Project Gentlemen: The following document is enclosed for recordation: MEMBERS OF THE CITY COUNCIL KENNETH E FRIESS JERRY HARRIS GARY L HAUSDORFER GIL JONES JEFF VASQUEZ CITY MANAGER STEPHEN B JULIAN 92-04548 SEP 2 3 1992 Development Agreement between the City and San Juan Creek Associates, Ltd., for the San Juan Meadows project A check in the amount of $104 is enclosed to cover recording fees. When placed of record, please return said document to this office. A duplicate copy of this letter is enclosed. Please stamp Document Number and date of recording on the letter and return it to this office in the enclosed, stamped, self- addressed envelope at your earliest convenience. Thank you for your cooperation. Very truly yours, Cheryl Johnson City Clerk Enclosure Document Number / Date c --.I r I 3240 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493-1171 • RECORDING REQUESTED BY ANpwNBtFIE001WEDraLLTo CONTINENTAL LAWYERS TITLE COMPANY ATTN: FORECLOSURE DEPT. 1016 N. MAIN STREET SANTA ANA, CA 92701 LOAN No. SAN JUAN CREEK OTHER REF. T.S. No. 6551 SD YOU ARE IN DEFAULT UNDER A DEED OF TRUST DATED April 18, 1990 UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC SALE IF YOU NEED AN EXPLANATION OF THE NATURE OF THE PRO- CEEDING AGAINST YOU, YOU SHOULD CONTACT LAWYER. Notice of Trustee's Sale Under Deed of Trust Notice is hereby given that CONTINENTAL LAWYERS TITLE COMPANY A CALIFORNIA CORPORATION , a California Corporation as trustee, or successor trustee, or substituted trustee pursuant to the Deed of Trust executed by SAN JUAN CREEK ASSOCIATES LTD., A CALIFORNIA LIMITED PARTNERSHIP. Recorded 04/19/1990 in Book Page Inst# 90-205719 of Official Records in the office of the County Recorder of ORANGE County, Caldomia, and pursuant to the Notice of Default and Election to Sell thereunder recorded 03/19/1993 in Book Page Inst # 93-0185922 of said Official Records, will Sell on 09/30/1993 at 1:30 p.m. at IN THE LOBBY TO THE BUILDING LOCATED AT 601 S. LEWIS STREET ORANGE, CA at public auction, to the highest bidder for cash (payable at the time of sale In lawful money of the United States), all right, title, and Interest, Conveyed to and now held by it under said Deed of Trust in the property situated in said County and State and described as follows: SEE EXJ1IBIT "A" I TTAr,:HEr, ;.,P. NUMBER: 666-312-01 666-312-02 666-311-04 666-311-03 The street address and other common designation, if any, of the real property described above is purported to be: VACANT LAND: DIRECTIONS MAY BE OBTAINED BY WRITTEN REQUEST SUBMITTED TO THE UNDERNOTED BENEFICIARY WITHIN TEN DAYS FROM THE FIRST PUBLICATION OF THIS NOTICE. The undersigned True%* disclaims any liability for any incorrectness; of the street atltlteas and other common designation, N any, shown herein. The total amount of the unpaid balance of the obligation secured by the property to be sold and reasonable estimated - expensesand advances st the time of the initial publication o1 to Notice of ace Is: $4, 998,649.08 APPROXIMATE In addition to ash, the Trurtes will accept a cashier's check drawn on a cerate or national bank, a check drawn by a date or feds7ii credit u or a cnea prawn by a stall a federal savings and lima arooiation, savings association or savings bank spec f ed in Section 5102 of the tinandal Coda and authodsad to do business in this -tete. in to avant tender other than cash is accepted, the Trustee may withhold the Issuance of the Trualas's Deed until funds become available to the payee or emtdoeeee as a math of dghL Said sale will be made, but without covenant or warranty, express or implied regaling this, possession or encumbrances, to Gaddy the ktdebtednas secured by said Deed, advances thnewWer, with Worm w provided therdn, and the unpaid principal of the nota eeound by said deed with knareat thereon as provided in said Note, fess, chergs t and expenses of the trustee and of the trusts emitted by said Deed of Trust. CONTINENTAL TITLE COMPANY, A CALIFORNIA COTION, AS TRUSTEE 1015 N. MAIN_ SF SANTA ANA, CA. 92701 ATTN: MLC I#iaE STONE 714/ 8 -5575 X1224 �)iR i°(CQnnrnc 08/30/1993; U 1 1) 1 e- e:7 -,i, 6 e,yt I Am M SHERI DRINNENBERG-BAKER allq FORECLOSURE ASSISTANT (2/90) Notice of Trustee's Sate 1 C7r�� c 1, 0 exhibit "A" 0 Beginswing at the moat Souttmwly o=rgw of said Iot 5: thence North 64. 03' 45" West 495.51 feat along the Southwesterly lira of said Lot 5, to thm most Easterly cmnw of land described as Parcel 3 in a deed to Edward J. G1tlmft and wife, xeoorI April 17, 1950 in Book 1999, Page 443 of Official Recosids: thence North 22. 03' 10" West 1386.08 fest along the Amrtheesterly line of said land of-Mamcd J. Guirado, to an angle point designated Station "B" in the Southeasterly lira of land described as Parcel 1 in a deed to Roaenbsam Randa Co., a per, xer�ied 30, 1947 in S: -.-N: 1613, Paga 219 of LVZIc .i Records: thane, along the Southeasterly and Emily lire of said land of the Rosenbaum Ranh Co., the following bearings and distances: North 45' 18' 00" East 576.30 feet, North 4. 07' 00" East 267.60 feet, North 24. 05' 00" East 357.47 feet, Norah 80. 26' 10" Fast 233.10 fest, North 10' 53' 00" West 438.90 fast to the Northwesterly I'm of said Lot 5: t218n0m Math 54. 50' 00" East 450.00 feet along said Northwesterly line to an angle paint there, thars Nath 0. 50' 00" East 500.73 fast to -an angle pout in the SatCm+esoerly lire of land descsihed as Parcel -3 in a deed to H=Wd L. KIM rad Wife, reo®I Noeudm-26, 1941 in Book 1174, Page 253 of Official Records, said point being South 0. 50' 00" West 22.00 feet-fsc the SOudwest =znwr of Lot 2 of said Raooad of Sumer abmm described: thanes, along the Scudaoeeterly lire of said.land of Liamd L.• Krum, tha fol lew"i g bentislgs and distacros: South 42. 33' 30" Hest 1408.90 fest, South 66' 25' 00" Fast 991.16 feat to the Easterly line of said -Lot 5: t1tic 1, along the Easterly and Southeasterly Lina of said Lot 5, the f_ �a beamWw axi distimme: South 10. 05' 00" West 536.74 fest, South 23' 33' 00" Fast 1047.15 feat, South 78. 55' 00" Wast 1565.79 feet, South 89. 43' 00" West 486.00 feat, South 31. 35' 00" Wast 621.05 feet to the point of be#Tmiing. !/ K LOOM M -A, W �1 i RECORDING REQUESTED* r RECORDING REQUESTED BY CON - AL L',:0E-QS TI I Lc CO. "EN RECOROEO N LTO CONTINENTAL LAWYERS TITLE COMPANY ATTN: FORECLOSURE DEPT. 1015 N. MAIN STREET SANTA ANA, CA 92701 0 HE 10LLOWING C v < "110TiCE" -rHE ORIGINAL OF WHICI- n r� ��D CV March 19 199"1 — t COUNIy iN THE OFFICE CF ORANGE CALIFORNIA THE RECCCDER OF-- !S SENT TO YOU !f!ASP1UCi AS AN E% IVATION OF THE TITLE O SAID T UST TROPERTYSHOWS YOU E PROCEEDINGS. HAVE AN INTEREST IN THE INSTRumENT NO. 93-0185922 LOAN NO. SAN JUAN CREEK OTHER REF. T93-02447-20 T.S. NO. 6551 so NOTICE OF DEFAULT AND ELECTION TO SELL UNDER DEED OF TRUST IMPORTANT NOTICE IF YOUR PROPERTY IS IN FORECLOSURE BECAUSE YOU ARE BEHIND IN YOUR PAYMENTS, IT MAY BE SOLD WITHOUT ANY COURT ACTION, and you may have the legal right to bring your account in good standing by paying all of your past due payments plus permitted costs and expenses within the time permined by law for reinstatement of your account which is normally five business days prior to the date set for the sale of your property. No sale date may be set until three months from the date this notice of default may be recorded (which date of recordation appears on this notice). This amount is $4, 635, 433.44 as of 03/17/1993 and will increase until your account becomes current. While your property is in foreclosure, you still must pay other obligations (such as insurance and taxes) required by your note and deed of trust or mortgage. If you Tail to make future payments on the loan pay taxes on the property, provide insurance on the property, or pay other obligations as required In fhe note and deed of crust or mortgage, the beneficiary or mortgagee may Insist that you do so in order to reinstate your account in good standing. In addition, the beneficiary or mortgagee ma require as a condition to reinstatement that you provide reliable written evidence that you paid a0 senior liens, property taxes, and hazard insurance premiums. Upon your written request, the beneficiary entire amount you must pay. You may not even though full payment was demandec payment is made. However, you and your Fide to the time the notice of sale Is p three-month period stated above) to, amc cure the default by transfer of the property order to cure your default; or both (1) and I or mortgagee will give you a written itemization of the have to pay the entire unpaid portion of your account, but you must pay all amounts In default at the time 3eneflclary or mortgagee may mutually agree in writing sted (which mayy no{ be earlier than the end of the ig other things, (1) provide additional time in which to )r otherwise; or ( ) establish a schedule of payments in Following the expiration of the time period referred to in the first paragraph of this notice, unless the obligation being foreclosed upon or a separate written agreement between you and your creditor permits a longer period,ou have only the legal right to stop the sale of your property by paying the entire amount demandyed by your creditor. To find out the amount you must pay, or to arrange for payment to stop the foreclosure, or if your property is in foreclosure for any other reason, contact: If you have any questions, you should contact a lawyer or the Governmental agency which may have insured your loan. Notwithstanding the fact that your property is in foreclosure, you may offer your property for sale, provided the sale is concluded prior to the conclusion of the foreclosure. Remember, YOU MAY LOSE LEGAL RIGHTS IF YOU DO NOT TAKE PROMPT ACTION. x �0n Ii Fuc -Doti <, I V L4/9 o/ 9 3 -6 -0 Notice of Default - Page I Name of Beneficiary or Mortgagee: = N � J & C INVESTMENTS LIMITED _ — m 324 WEST FOURT H ST, R=ET J { SECOND FLOOR "_ o M ATTN: DICK CHIANG -st SANTA ANA, CA 92701 Phone: (714)836-0226 a If you have any questions, you should contact a lawyer or the Governmental agency which may have insured your loan. Notwithstanding the fact that your property is in foreclosure, you may offer your property for sale, provided the sale is concluded prior to the conclusion of the foreclosure. Remember, YOU MAY LOSE LEGAL RIGHTS IF YOU DO NOT TAKE PROMPT ACTION. x �0n Ii Fuc -Doti <, I V L4/9 o/ 9 3 -6 -0 Notice of Default - Page I 0 • NOTICE OF DEFAULT AND ELECTION TO SELL UNDER DEED OF TRUST LOAN No. SAN JUAN CREEK OTHER REF. T93-02447-20 T.S. No. 6551 NOTICE IS HEREBY GIVEN: That CONTINENTAL LAWYERS TITLE COMPANY A CALIFORNIA , CORPORATION , is duly appointed Trustee under a Deed of Trust dated 04/18/1990, executed by SAN JUAN CREEK ASSOCIATES LTD., A CALIFORNIA LIMITED PARTNERSHIP. as Trustor, to secure certain obligations in favor of J & C INVESTMENTS LIMITED, A GUERNSEY CORPORATION as Beneficiary, Recorded 04/19/1890 as Instrument No. 90-205719 Book Page and Re-recorded , as Instrument No. Book , Page of Official Records in the office of the Recorder of ORANGE County, California, describing the land therein: As more fully described on said Deed of Trust. A.P. NUMBER: including 1 note(s) for the sum of $ 3, 500, 000.00 ;that the beneficial interest under such Deed of Trust and the obligations secured thereby are presently held by the undersigned; that a breach of, and default in, the obligations for which such Deed of Trust is security has occurred in that payment has not been made of: The unpaid principal balance of $3,493,000.00 together with accrued interest all due and payable under the terms of the note, together with late charges, impounds, advances, taxes, and assessments, and attorney's fees and court costs arising from the beneficiary's protection of its security must be cured as a condition of reinstatement. that by reason thereof, the present beneficiary, under such Deed of Trust, has executed and delivered to said duly appointed Trustee, a written Declaration of Default and Demand for Sale, and has deposited with said duly appointed Trustee, such Deed of Trust and all documents evidencing obligations secured thereby, and has declared and does hereby declare all sums secured thereby immediately due and payable and has elected and does hereby elect to cause the trust property to be sold to satisfy the obligations secured thereby. Dated: 03/19/1993 CONTINENTAL LAWYERS TITLE COMPANY, A CALIFORNIA CORPORATION, AS TRUSTEE SHERI DRINNENBERG FORECLOSURE ASSISTANT 14JR-004 (10/90) Notice of Default -Page 2 14 lck NNN RECORDING REOUESTEC` RECORDI.. REO;iES-ED BY CONTiNE ,TAL L', TYERS TITLE CO. WHEN REOORDEDA LTO CONTINENTAL LAWYERS TITLE COMPANY ATTN: FORECLOSURE DEPT. 1015 N. MAIN STREET SANTA ANA, CA 92701 1E FOLLvWIN'. w^�• "NOTICE- THE ORIGINAL OF WHICF )p 'FC,j�?l Oi .. March 19 ]()()-I — (',..., FiLi_� COUNTY. iN THE'"`FFiCF'CF ORANGE CALIFORNIA THE REC'C?DER C`__---- S SENT TO YOU If lAsAUC, . AS AN F%ww'ci AIICN OF THE TITLE 0 SSAAIOU IN ED -MUST IPRO PROPERTY ?ROCEEDIN�GSY HAVE AN INTEREST INSTRUMENT NO. 93-0185922 THIS LINE FOR RECORDER'S LOAN NO. SAN JUAN CREEK OTHER REF- T93-02447-20 T.S. NO. 6551 so NOTICE OF DEFAULT AND ELECTION TO SELL UNDER DEED OF TRUST IMPORTANT NOTICE IF YOUR PROPERTY IS IN FORECLOSURE BECAUSE YOU ARE BEHIND IN YOUR PAYMENTS, IT MAY BE SOLD WITHOUT ANY COURT ACTION, and you may have the legal right to bring your account in good standing by paying all of your past due payments plus permitted costs and expenses within the time permitted by law for reinstatement of your account which is normally five business days prior o the date set for the sale of your property. No sale date may be set until three months from the date this notice of default may be recorded (which date of recordation appears on this notice). This amount is $4, 635,433.44 as of 03/17/1993 and will increase until your account becomes current. While your property is in foreclosure, you still must pay other obligations (such as insurance and taxes) required by your note and deed of trust or mortgage. If you fail to make future payments on the loan pay taxes on the property, provide insurance on the property, or pay other obligations as required m he note and deecJ of trust or mortgage, the beneficiary or mortgagee may Insist that you do so in order to reinstate your account in good standing. In addition, the beneficiary or mortgagee may require as a condition to reinstatement that you provide reliable written evidence that you paid al senior liens, property taxes, and hazard insurance pramiums. Upon your written request, the beneficiary or mart entire amount you must pay. You may not have to even though full payment was demanded but yo payment is made. However, you and your beneflcil prior to the time the notice of sale Is posted (vl three-month period stated above) to, among other cure the default by transfer of the property or other order to cure your default; or both (1) an, (2). (2). Be will give you a written itemization of the the entire unpaid portion of your account, ust pay all amounts In default at the time Ir mortgagee may mutually agree in writing mayy not be earlier than the end of the Igs, (1) provide additional time in which to or ( ) establish a schedule of payments in Following the expiration of the time period referred to in the first paragraph of this notice, unless the obligation being foreclosed upon or a separate written agreement between you and your creditor permits a longer period, ou have only the legal right to stop the sale of your property by paying the entire amount demanded by your creditor. To find out the amount you must pay, or to arrange for payment to stop the foreclosure, or if your property is in foreclosure for any other reason, contact: n Name of Beneficiary or Mortgagee: A N J & C INVESTMENTS LIMITED _ m 324 WEST FOURTH STREET m SECOND FLOOR ATTN: DICK CHIANG T SANTA ANA, CA 92701 TZ Phone: (714)836-0226 If you have any questions, you should contact a lawyer or the Governmental agency which may have insured your loan. Notwithstanding the fact that your property is in foreclosure, you may offer your property for sale, provided the sale is concluded prior to the conclusion of the foreclosure. Remember, YOU MAY LOSE LEGAL RIGHTS IF YOU DO NOT TAKE PROMPT ACTION. TNC-004 (10/90) Notice of Default - Page 1 NOTICE OF DEFAULT AND ELECTION TO SELL UNDER DEED OF TRUST LOAN No. SAN JUAN CREEK OTHER REF. T93-02447-20 T.S. NO. 6551 NOTICE IS HEREBY GIVEN: That CONTINENTAL LAWYERS TITLE COMPANY A CALIFORNIA CORPORATION , is duly appointed Trustee under a Deed of Trust dated 04/18/1990, executed by SAN JUAN CREEK ASSOCIATES LTD., A CALIFORNIA LIMITED PARTNERSHIP. obligations in favor of J & C INVESTMENTS LIMITED, A GUERNSEY CORPORATION as Trustor, to secure certain as Beneficiary, Recorded 04/19/1990 as Instrument No. 90-05719 Book Page and Re-recorded , as Instrument No. Book , Page of Official Records in the office of the Recorder of ORANGE County, California, describing the land therein: As more fully described on said Deed of Trust. A.P. NUMBER: including 1 notes) for the sum of $ 3, 500, 000.00 ;that the beneficial interest under such Deed of Trust and the obligations secured thereby are presently held by the undersigned; that a breach of, and default In, the obligations for which such Deed of Trust is security has occurred in that payment has not been made of: The unpaid principal balance of $3,493,000.00 together with accrued interest all due and payable under the terms of the note, together with late charges, impounds, advances, taxes, and assessments, and attorney's fees and court costs arising from the beneficiary's protection of its security must be cured as a condition of reinstatement. that by reason thereof, the present beneficiary, under such Deed of Trust, has executed and delivered to said duly appointed Trustee, a written Declaration of Default and Demand for Sale, and has deposited with said duly appointed Trustee, such Deed of Trust and all documents evidencing obligations secured thereby, and has declared and does hereby declare all sums secured thereby immediately due and payable and has elected and does hereby elect to cause the trust property to be sold to satisfy the obligations secured thereby. Dated: 03/19/1993 CONTINENTAL LAWYERS TITLE COMPANY, A CALIFORNIA CORPORATION, AS TRUSTEE J SHERI DRINNENBERG FORECLOSURE ASSISTANT MJR-004 (10/90) Notice of Default -Page 2 0 MEMBERS OF THE CITY COUNCIL KENNETH E FRIE55 JERRY HARRIS GARY L HAUSOORFER GIL JONES JEFF VASOUEZ CITY MANAGER STEPHEN B JULIAN September 18, 1992 Recorder's Office ! `` 5���7 County x Orange S �J P. O. Box 238 �7�� "0 Santa Ana, California 92702 p� ZU Re: Development Agreement - San Juan Meadows Project Gentlemen: The following document is enclosed for recordation: Development Agreement between the City and San Juan Creek Associates, Ltd., for the San Juan Meadows project A check in the amount of $104 is enclosed to cover recording fees. When placed of record, please return said document to this office. A duplicate copy of this letter is enclosed. Please stamp Document Number and date of recording on the letter and return it to this office in the enclosed, stamped, self- addressed envelope at your earliest convenience. Thank you for your cooperation. Very truly yours, Cheryl Johnson City Clerk Enclosure Document Number Date 32400 PASEO ADELANTO. SAN JUAN CAPISTRANO. CALIFORNIA 92675 0 (714) 493-1171 0 September 17, 1992 Al Brende and Ray Poulter San Juan Creek Associates, Ltd 324 West Fourth Street, 2nd Floor Santa Ana, California 92701 Re: San Juan Meadows Project Gentlemen: J«an ` �ipfp Alpl Alll I11l Ili:Xlp 1961 1776 MEMBERS OF THE CITY COUNCIL KENNETH E FRIESS JERRY HARRIS GARY HAUSDORFER GIL JONES JEFF VASQUEZ CITY MANAGER STEPHEN B JULIAN Enclosed for your files is a fully -executed copy of the Development Agreement between the City and San Juan Creek Associates for the San Juan Meadows project. The original document will be forwarded to the Orange County Recorder. Very truly yours, 1 Cheryl Johnson City Clerk Enclosure cc: Director of Planning (with copy of Agreement) 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 Orange County Recorder CITY OF SAN JUAN CAPISTRANO 104.00 Recording Fees- Development agreement between City and San Juan Creek Associates, Ltd for San Juan Meadows Dev p. ��[t[/ s[[[[ /[[Q�'[ UNION BANK 16=49 San Juan Capistrano Office 1220 No -39700 31971 Camino Capistrano p{lj�'�j11I 32400 PASEO ADELANTO San Juan Capisbano, California 92675 SAN JUAN CAPISTRANO, CALIFORNIA 92675 Pay ***104 Dollars And 00 Cents***** TO THE ORDER OF Orange County Recorder P.O.Box 238 Santa Ana,CA 92702 CHECK DATE I PAY EXACTLY 9-21-92 1 '***104.00**** 119039700111 1:122000L, cl 61:0 L. 5 2000 39 Iii• 0 AFFIDAVIT OF PUBLICATION 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 eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the Capistrano Valley News, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on June 7, 1984, Case No. A-122949 in and for the City of Sun Juan Capistiano, County of Orange, State of California; 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 supplement thereof on the following dates, to wit: September 10, 1992 I declare under penalty of perjury that the foregoing is true and correct. Executed at Mission Viejo, Orange County, California, on September 10, 1992 ............................................................................................................. .......`.a�.L.. S.GirC..t/1...... ..Citi^K..............4...r.............................................. (Signature) Capistrano Valley News (A Publication of South Orange County News) 23811 Via Fabricante P. O. Box 3629 Mission Viejo, California 92690 (714) 768-3631 1—� Space below for Filing Stamp OnlyS�f Proof of Publication of ORDINANCE No. 712 RECEIVED 3 37 OU '� CITY OF SAN JUAN CAPISTRANO s hembygiwn thatm September 1, iggZ thecitycowoall The OhCinmce-approved the ilnpbpmd an Joan cr ho twcen the The of Sm yum or thetra r and Sm yam (Seek Aee«tutee.Thepeord, fo le for the Joan 1a dom,yteaout the development approra4 for the Sm Juan east project 10- «tedabeann Novla Aunty. otl5 a�weal otthe Glendale Federal Plae 712 Was adopted Ordinance71a wasadoptedbythe andMfollowingw,4: AYES: Coumalmen Prime, Nandd arri and May« Jones NOES: T: No lmon Vaequea and Harris ABSENT: Nacre A rectified may cee r of the he City a teat at the OrdtmenA em is posted and may be San in lbs ISty na,Clerk's Beparcopy n q, be Paseo d from mt0. San office Caplmram. charge. a appy >m0 be obtained pt m that o 109 m • aommd eharae. Dated: September 2, ]Ba8 C.AN CAPJNHNBNii, ©TY CLM OMIA Cl'170Po SAN -JUAN CAPISTRANO, CAL®OANfA `tiehed: Capistrano Valley News - w., `K 19, 19Y8 - - #3-34 0 NOTICE OF TRANSMITTAL - LEGAL PUBLICATIONS TO: CAPISTRANO VALLEY NEWS Bea Gougeon, Legal FOR PUBLICATION ON: DOCUMENT TO BE PUBLISHED: PROOF OF PUBLICATION: AUTHORIZED B DATE: 0 THURSDAY, SEPTEMBER 10, 1992 SUMMARY OF ORDINANCE NO. 712 - APPROVING DEVELOPMENT AGREEMENT - SAN JUAN MEADOWS/SAN JUAN CREEK ASSOCIATES) (ADOPTION) Please send to: City Clerk's Department City Hall 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (714) 493-1171 September 2, 1992 Date of Ordinance Adoption Date Summary of Adopted Ordinance published Date Summary of Adopted Ordinance posted in designated posting places Date Certified Copy of Adopted Ordinance posted in City Clerk's Department Date affidavit received - 09/01/92 - 09/10/92 - 09/10/92 - 09/10/92 - q// i/q� ami CITY OF SAN JUAN CAPISTRANO Notice is hereby given that on September 1, 1992, the City Council adopted an Ordinance entitled: Ordinance No. 712 TES AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE DEVELOPMENT AGREEMENT FOR TENTATIVE TRACT MAP 14343, REZONE 91-1, GENERAL PLAN AMENDMENT 92-2 (SAN JUAN MEADOWS/SAN JUAN CREEK ASSOCIATES) The Ordinance approved the Development Agreement between the City of San Juan Capistrano and San Juan Creek Associates. The agreement is for the purpose of carrying out the development approvals for the San Juan Meadows project located along La Novia Avenue east of I-5 and west of the Glendale Federal Planned Community. Ordinance 712 was adopted by the following vote: AYES: Councilmen Friess, Hausdorfer and Mayor Jones NOES: Councilmen Vasquez and Harris ABSENT: None A certified copy of the complete text of the Ordinance is posted and may be read in the City Clerk's Department, 32400 Paseo Adelanto, San Juan Capistrano, and/or a copy may be obtained from that office at a nominal charge. Dated: September 2, 1992 U I Y Ur JAN JUAN CAPISTRANO, CALIFORNIA STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) AND PUBLICATION CHERYL JOHNSON, 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 10, 1992, she caused a certified copy of the above -referenced Ordinance to be posted in the City Clerk's Department; and, that on September 10, 1992, the above Notice was published in the Capistrano Valley News newspaper; and, a copy of the above Notice was 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 San Juan Capistrano, California 9 September 9, 1992 Ui o,rnr.no I0I., 1., 0 1961 1776 •� Al Brende and Ray Poulter San Juan Creek Associates, Ltd 324 West Fourth Street, 2nd Floor Santa Ana, California 92701 Re: San Juan Meadows Project Gentlemen: MEMBERS OF THE CITY COUNC'L KENNETH E FRIESS JERRY HARRIS GARY L HAUSOORFER CIL JONES JEFF VASQUEZ CITY MANAGER STEPHEN B JULIAN The City Council of the City of San Juan Capistrano at its regular meeting held September 1, 1992, adopted Ordinance No. 711, which approved Rezone 91-1, and Ordinance No. 721, which approved the Development Agreement for the San Juan Meadows Project. The Ordinances takes effect in 30 days or on October 1, 1992. Enclosed are copies of Ordinances Nos. 711 and 712 for your information. When the Development Agreement has been fully -executed, a copy will be forwarded to you and the original will be forwarded to the Orange County Recorder. If we can be of further assistance, please call. truly yours, Cheryl Johnson City Clerk cc: The PRS Group Director of Planning Dick Bobertz Bill Ramsey 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493-1171 0 0 AYES: Councilmen Friess, Hausdorfer, and Mayor Jones NOES: Councilmen Harris and Vasquez ABSENT: None 2. ORDINANCE APPROVING DEVELOPMENT AGREEMENT (SAN JUAN Written Communication: I Report dated September 1, 1992, from the City Clerk, advising that the Ordinance was introduced at the meeting of August 18, 1992, and was scheduled for adoption. Adoption of Ordinance: The Deputy City Clerk 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 Hausdorfer, seconded by Councilman Friess, that the following Ordinance be adopted: ORDINANCE NO 712 APPROVING DEVELOPMENT AGREEMENT (CaN JUAN MEADOWS/SAN JUAN CREEK ASSOCIATES/LA MESA) - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE DEVELOPMENTAGREEMENT FOR TENTATIVE TRACT MAP 14343, REZONE 91-01, GENERAL PIAN AMENDMENT 92-02 (SAN JUAN MEADOWS/SAN JUAN CREEK ASSOCIATES/1A MESA) The motion carried by the following roll call vote: AYES: Councilmen Friess, Hausdorfer, and Mayor Jones NOES: Councilmen Harris and Vasquez ABSENT: None Councilman Hausdorfer noted that the next meeting was scheduled for September 10, 1992. Councilman Friess noted that auctioneers were scheduled to sell Mr. Kline's lots on McCracken Hill and inquired about the resolution of the envelope issue. Mr. Tomlinson explained that in June 1992 he strongly recommended to Mr. Kline that a building envelope be developed consistent with the deed restrictions on the property. However, the City has had no further contact with Mr. Klein on this .L} 9/1/92 AGENDA ITEM TO: FROM: SUBJECT: September 1, 1992 Stephen B. Julian, City Manager Cheryl Johnson, City Clerk Ordinance A rovin Dev ment Agreement for the La Mesa Project San Juan Creek Associates Adoption RECOMMENDATION: Following reading of the title by the City Clerk, adopt the Ordinance. SITUATION: The following Ordinance was introduced at the City Council meeting of August 18, 1992, and is scheduled for adoption on September 1, 1992: APPROVING DEVELOPMENT CALIFORNIA, APPROVING THE DEVELOPMENT AGREEMENT FOR TENTATIVE TRACT MAP 14343, REZONE 91-1, GENERAL PLAN AMENDMENT 92-2 (SAN JUAN MEADOWS/SAN JUAN CREEK ASSOCIATES/LA MESA) Copies of the Ordinance are on file in the City Clerk's Department. COMMISSION/BOARD REVIEW, RECOMMENDATION: Not applicable. FINANCIAL CONSIDERATIONS: None by this action. NOTIFICATION• San Juan Creek Associates; The PRS Group; Land Planning FOR CITY COUNCIL AGENfif�� Agenda Item ALTERNATE ACTIONS: 1. Adopt the Ordinance. 2. Amend the Ordinance. 3. Do not adopt the Ordinance. RECOMMENDATION: September 1, 1992 Following reading of the title by the City Clerk, adopt the Ordinance. Res ctfully submi ted, Cheryl John on 6 • • ORDINANCE NO. 712 AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE DEVELOPMENT AGREEMENT FOR TENTATIVE TRACT MAP 14343, REZONE 91-1, GENERAL PLAN AMENDMENT 92-2 (SAN JUAN MEADOWS/SAN JUAN CREEK ASSOCIATES) WHEREAS, the applicant, San Juan Creek Associates, has submitted Vesting Tentative Tract Map 14343, proposing to subdivide approximately 148 acres to allow the development of 275 single family detached and attached residential units, 180 senior housing units, 35.1 Recreation Open Space Acres which would contain a golf course, and 59.4 General Open Space Acres. In addition, a Vesting Tentative Tract Map is proposed to allow the development of the Central Valley Road to connect Las Ramblas to La Novia, and allow certification of closure of the Forster landfill, and reuse of its site as a golf course; General Plan Amendment 92-1, a General Plan Amendment is proposed to substitute a senior housing use for the dedicated public institutional use; and, Rezone 91-1, an amendment to the Forster Canyon Planned Community Comprehensive Development Plan is proposed to allow 275 attached and single family residential units and 180 senior housing units together with a golf course; and, WHEREAS, the Environmental Review Board determined that the project may have a significant effect on the environment, and has required the preparation of an Environmental Impact Report, and has otherwise carried out all requirements of the California Environmental Quality Act; and, WHEREAS, the project was reviewed by the Equestrian Commission on February 10, 1992, and February 24, 1992; by the Traffic and Transportation Commission on March 11, 1992; and, by the Parks and Recreation Commission on March 16, 1992; and, WHEREAS, a public hearing has been duly advertised and held by the Planning Commission on May 4, 1992 and May 12, 1992, to review public testimony on the project; and, WHEREAS, the Planning Commission of the City of San Juan Capistrano recommended approval of the Development Agreement pursuant to Resolution No. PC 92-6-9-7; and, WHEREAS, the City Council of the City of San Juan Capistrano conducted a duly -noticed public hearing on July 21, 1992. THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Intent and Findings. The City Council of the City of San Juan Capistrano finds and determines as follows: -I- 1. 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 Mesa portion of the Forster Canyon Planned Community. 2. 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. Closure of the inactive 33 -acre Forster Canyon landfill located on the property in accordance with State Lawanddevelopment of a 9 -hole executive golf course which is intended to create a visually pleasing land use on the former landfill site and create a source of income for post -closure maintenance of the site. b. Preservation of approximately 60 acres of the subject property for general open space. c. . Enhancement of approximately 48 acres of the property for recreational open space (the golf course, clubhouse and driving range). d. Dedication of an 8.5 -acre Public Institutional site. e. Construction of 180 units of affordable senior housing. f. Completion of the project, including landfill closure and system of roads and trails, within ten years. g. Completion of certain traffic mitigation improvements in the area, including Valle Road widening, intersection improvements at Valle Road and San Juan Creek Road and relocating the freeway ramps on Valle Road. h. Completion of the backbone road system that connects the Alto Capistrano/Meredith Canyon area to the rest of the City ("A" Street) as shown on the General Plan. 3. The City Council hereby finds that this Development Agreement is consistent with all elements of the City's General Plan. SECTION 2. Approval of Agreement. The City Council approves the Development Agreement for the San Juan Meadows project. SECTION 3. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after its passage. -2- 0 0 SECTION 4. City Clerk's Certification. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted at the duly designated posting places within the City and published once within fifteen (15) days after passage and adoption is required by law; or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five (5) days prior to the date of adoption of this Ordinance; and, within fifteen (15) days after adoption, the City Clerk shall cause to be published, the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk. PASSED, APPROVED, AND ADOPTED this 1st day of September , 1992. Z2-LjQNn, MAYOR ATTEST: &A -Q��IIC CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, 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. 712 which was introduced at a meeting of the City Council of the City of San Juan Capistrano, California, held on August 18th , 1992, and adopted at a meeting held on September 1st, 1992, by the following vote: AYES: Councilmen Friess, Hausdorfer, and Mayor Jones NOES: Councilmen Vasquez, and Harris ABSTAIN: None ABSENT: None (SEAL) /�✓LC �Lfi7 �(GyiLE _ i/ll(✓�c� CHERYL JOHNSON, CITY CLERK -3- 0 0 REPORT OF DESIGN REVIEW COMMISSION ACTIONS (410.60) Councilman Friess inquired whether the Design Review Commission needed further clarification regarding the lighting and landscaping for the Mission Church and City Library parking lot. Mr. Julian stated that the Commission's request was discussed with staff, and any recommended changes to the plan would be referred back to the Design Review Commission for review and recommendation to the City Council. It was moved by Councilman Friess, seconded by Councilman Hausdorfer and unanimously carried to receive and file the Report dated August 18, 1992, from the Director of Planning Services, regarding actions taken at the meeting of August 5, 1992. DENIAL OF CLAIM - PERSONAL INJURIES (JAMES HOWARD) (170.10) The City Manager advised that this item was mistakenly removed from the Consent Calendar. It was moved by Councilman Hausdorfer, seconded by Councilman Friess, and unanimously carried that the claim received by the City from Chet Williams, attorney for Novian, Novian & Younesi, on behalf of James Howard in the amount of $1,100,000 for personal injuries, be denied, as set forth in the Report dated August 18, 1992, from the City Attorney. PUBLIC HEARINGS ~—�—� 1. REQUEST FOR REZONE 91-01. VESTING TENTATIVE TRACT MAP 14343. AND DEVELOPMENT AGREEMENT FOR PROPERTY LOCATED ALONG LA NOVIA AVENUE EAST OF I-5 AND WEST OF THE GLENDALE FEDERAL PLANNED COMMUNITY (SAN JUAN MEADOWS/LA MESA/SAN JUAN CREEK ASSOCIATES) (460.20/420.40/6(030) (CONTINUED FROM AUGUST 4. 1992) Pr T Consideration of a Rezone to amend the Forster Canyon Comprehensive Development Plan, Vesting Tentative Tract Map 14343, and Development Agreement for the San Juan Meadows project located along La Novia Avenue east of Interstate 5 and west of the Glenfed Planned Community. The 148 - acre project consists of 155 single-family detached lots, 120 single-family attached units, 180 senior housing units, a 9 -hole executive golf course and driving range, public improvements, and an 8.5 -acre public institutional site. The public hearing was continued from the meeting of August 4, 1992, for staff and the applicant to address the concerns expressed by the Council. Applicant: Applicant's Representative: Al Brende and Ray Poulter Phillip Schwartze San Juan Creek Associates, Ltd. The PRS Group 324 West Fourth Street 27132-B Paseo Espada, #122 Santa Ana, CA 92701 San Juan Capistrano 92675 Written Communication: Report dated August 18, 1992, from the Director of Planning Services, providing clarification of the concerns expressed by the Council at the August 4 meeting regarding residential development standards, construction/public improvement phasing, and applicability of affordable housing requirements. Exhibits were on display, and Mr. Tomlinson made an oral presentation. Councilman Friess noted that he met with Mr. Tomlinson prior to this meeting to discuss his concerns, which he stated were answered to his satisfaction. -3- 8/18/92 Public Hearing: Notice having been given as required by law, Mayor Jones opened the Public Hearing, and the following person responded: (1) Phillip Schwartze of the PRS Group, representing the applicant, San Juan Creek Associates, stated that the applicant understood and concurred with the recommendations proposed by staff. There being no further input, the hearing was declared closed with the right to reopen at any time. Council Discussion: Councilman Friess suggested that the draft Ordinances and Resolutions be modified as follows: Rezone: (1) The document should clarify that the maximum density for the senior housing of 180 units should not be considered a target or a guaranteed number of units in order to avoid too many units being squeezed into a smaller space. (2) If the timing of this project does not coincide with the TMC project and "C" Street is not constructed, it would eliminate dual access for this project and isolate certain residents. Therefore, he recommended that units be concentrated on the easterly portion of the San Juan Meadows project. (3) The senior housing portion of the project should preclude any three-story elements and must be residential and equal in appearance to nearby structures and not appear institutional. Vesting Tentative Tract Man: (1) Construction of "C" Street should conform to the Rezone requirement. (2) With regard to the installation of landscaping, the early planting of slope trees after initial grading should be emphasized to mitigate view impacts as soon as possible. (3) The condition regarding project financing be modified to require that any infrastructure financing district be fully retired at the close of escrow for each individual unit. (4) All of the smallest lots (5,000 square feet) in the Mesa Residential District back onto the golf course. Councilman Vasquez stated he would not support the project because of its density and reduced amount of open space between homes, which be felt were inappropriate for the area because of its view impacts in the City. He felt that the project should be financed by the developer without involvement with infrastructure financing from the City. Councilman Harris stated he would not support the project because of the small lot sizes, project density, and impact on the City's view corridors and made the following suggestions: (1) Because of the insufficient amount of open space between the buildings for adequate landscaping to mitigate the visual impacts, the lot sizes should be increased to 8,000 square feet (minimum), 9,000 square feet, and 10,000 square feet. (2) The senior housing portion of the project should have increased one-story elements and a village -like appearance, citing opposition to two-story units in this particular location. -4- 8/18/92 (3) The 180 units proposed for the senior housing should be deducted from the total of 455 units and not added to total 275 residential units. (4) All landscaping plans should be subject to review by the Design Review Commission to ensure that view impacts are adequately mitigated. Mr. Tomlinson noted that architectural review of the townhomes and senior housing would be the responsibility of the Design Review Commission, while the Planning Commission would have the responsibility of reviewing the single-family housing plans. Councilman Hausdorfer suggested that the senior housing portion of the project be required to have a combination of one- and two-story elements. He cited his support of the project for its abundance of open space and balance of housing. Introduction of Ordinance Approving_ Rezone 91-01: The City Clerk 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 Friess, seconded by Councilman Hausdorfer, that the following Ordinance be introduced, with the following modifications: (1) Addition to Section 2(b): The maximum density for the senior housing of 180 units shall not be considered a target or guaranteed number of units. (2) Addition to Section 2(e)(1): If the timing of this project does not coincide with the TMC project, construction of "C" Street shall be tied to specific lots, with loo units limited to the easterly portion of the project. (3) The senior housing portion of the project shall preclude any three-story elements and shall require a combination of one- and two-story elements. In addition, it shall be residential, not institutional, in appearance and equal in appearance to nearby structures. APPROVING REZONE 91-01 - AMENDMENT TO THE FORSTER CANYON COMPREHENSIVE DEVELOPMENT PLAN (SAN JUAN MEADOWS/SAN JUAN CREEK ASSOCIATES) - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE FORSTER CANYON COMPREHENSIVE DEVELOPMENT PLAN - REZONE 91-01 (SAN JUAN MEADOWS/SAN JUAN CREEK ASSOCIATES) The motion carried by the following roll call vote: AYES: Councilmen Friess, Hausdorfer, and Mayor Jones NOES: Councilmen Harris and Vasquez ABSENT: None Adoption of Resolution Approving Vesting Tentative Tract Mao: It was moved by Councilman Friess, seconded by Councilman Hausdorfer, that the following Resolution be adopted, with the following modifications: (1) Addition to Condition 3(c): If the timing of this project does not coincide with the TMC project, construction of "C" Street shall be tied to specific lots, with 100 units limited to the easterly portion of the project. -5- 8/18/92 F-1 L 0 (2) With regard to Condition 8(a), the early planting of street trees after initial grading shall be emphasized to mitigate view impacts as soon as possible. (3) Modification to Condition 23 to require retirement of any improvement indebtedness at the close of escrow for each individual unit. (4) Modification to Condition 29: All of the 5,000 -square -foot lots in the Mesa Residential District shall back onto the golf course. RESOLUTION NO 92-8-18-2. VESTING TENTATIVE TRACT MAP 14343 (SAN JUAN MEADOWS/SAN JUAN CREEK ASSOCIATES) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING VESTING TENTATIVE TRACT MAP 14343 (SAN JUAN MEADOWS/SAN JUAN CREEK ASSOCIATES) The motion carried by the following roll call vote: AYES: Councilmen Friess, Hausdorfer, and Mayor Jones NOES: Councilmen Harris and Vasquez ABSENT: None Introduction of Ordinance Approving Development Agreement: The City Clerk 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 Hausdorfer, seconded by Councilman Harris, that the following Ordinance be introduced: APPROVING DEVELOPMENT AGREEMENT - SAN JUAN MEADOWS/SAN JUAN CREEK ASSOCIATES - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE DEVELOPMENT AGREEMENT FOR TENTATIVE TRACT MAP 14343, REZONE 91-01, GENERAL PLAN AMENDMENT 92-02 (SAN JUAN MEADOWS/SAN JUAN CREEK ASSOCIATES) The motion carried by the following roll call vote: AYES: Councilmen Friess, Hausdorfer, and Mayor Jones NOES: Councilmen Harris and Vasquez ABSENT: None • J . • : • ..111 • •: g J k • . � • u. Ut a Uf : O• � h :t4 • • • [• •._: K. • • , Di W4 1,917313Jt W 91105 1 3MM151i t 1.I Sl �mqjaftavj ZI • alt • „ W-161clommm.t Pr000sal: Consideration of a five-year Development Agreement and a time extension for Tentative Tract Map 13823 to run concurrently with the term of the Development Agreement, for a 13 -lot custom home -6- 8/18/92 0 OFIDAVIT OF PUBLICATION 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 eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the Capistrano Valley News, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on June 7, 1984, Case No. A-122949 in and for the City of San Juan Capistrano, County of Orange, State of California; 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 supplement thereof on the following dates, to wit: August 27, 1992 1 declare under penalty of perjury that the foregoing is true and correct. Executed at Mission Viejo, Orange County, California, on August 27, 1992 ............G.hI•.:...`^..... r ............................................ (Signature) Capistrano Valley News (A Publication of South Orange County News) 23811 Via Fabricante P. O. Box 3629 Mission Viejo, California 92690 (714) 768-3631 • RECEIVED Space below for Filing Stamp Only. SEP 1 9 46 N 192 Ty CI.F0, I H, 1N l "r S Proof of Publication of APPROVING DEVELOPMENT AGREEMENT ............................................................................................................. CITY OF SAN JUAN CAPISTRANO Notice is hereby given that on August 19, 1902, the Qty Council introduced an Ordinance entitled: APPROVING DEVELOPMENT AGREEMENT - SAN JUAN MEADOWS/SAN JUAN CREEK ASSOCIATES) . ANORDINANCEOFTHECITYOF SAN JUAN CAPISTRANO, CALIFORNIA APPROVING THE DEVELOPMENT AGREE- MENT FOR TENTATIVE TRACT MAP 10.343, REZONE 91-1, GENERAL PLAN AMENDMENT92-2 (SAN JUAN MEADOWS/. SAN JUAN CREEK ASSOCIATES) . The proposed Ordinance would apiwavelbe Development Agreement between the City of San Joan Capistrano and San Joan Creek Associates. The agreement Is for the purpose of carrying out the development approvals for the San Juan Meadows projeM located along La Novis Avemte east of I-5 and west oflhe Glendale Federal Planned Community. A cerHOed copy of the complete text. of the ONIMMOR is Posted and may be read in the City Clerk's Department, 32400 Paseo Adelanlo, San Joan Capistrano, andlur d copy may be obtainedfrom that once at a nominal charge. Dated: August 21,1992 DAWN M. SCHANDERL. DEPUTY CHERYL JOHNSON, CITY CLERK CITY OF SAN JUAN CAPISTRANO, CALIFORNIA Published: Capistrano Valley News I- ___. :✓a::=-o�.�,.--�.�a ,.. k3-330 9 NOTICE OF TRANSMITTAL - LEGAL PUBLICATIONS TO: CAPISTRANO VALLEY NEWS Bea Gougeon, Legal FOR PUBLICATION ON: DOCUMENT TO BE PUBLISHED: PROOF OF PUBLICATION:Please send to: 0 THURSDAY, AUGUST 27, 1992 SUMMARY OF ORDINANCE - APPROVING DEVELOPMENT AGREEMENT - SAN JUAN MEADOWS/SAN JUAN CREEK ASSOCIATES) (INTRODUCTION) City Clerk's Department City Hall 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (714) 493-1171 AUTHORIZED BY: r DATE: August 21, 1992 Date of Ordinance Introduction Date Summary of Introduced Ordinance published Date Summary of Introduced Ordinance posted in designated posting places Date Certified Copy of Introduced Ordinance posted in City Clerk's Department Date Affidavit received - 08/18/92 - 08/27/92 - 08/27/92 - 08/27/92 _ o,-/- 9a C/2'142-- 0 0 CITY OF SAN JUAN CAPISTRANO Notice is hereby given that on August 18, 1992, the City Council introduced an Ordinance entitled: APPROVING DEVELOPMENT AGREEMENT - SAN JUAN MEADOWS SAN JUAN CREEK ASSOCIATES AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE DEVELOPMENT AGREEMENT FOR TENTATIVE TRACT MAP 14343, REZONE 91-1, GENERAL PLAN AMENDMENT 92-2 (SAN JUAN MEADOWS/SAN JUAN CREEK ASSOCIATES) The proposed Ordinance would approve the Development Agreement between the City of San Juan Capistrano and San Juan Creek Associates. The agreement is for the purpose of carrying out the development approvals for the San Juan Meadows project located along La Novia Avenue east of I-5 and west of the Glendale Federal Planned Community. A certified copy of the complete text of the Ordinance is posted and may be read in the City Clerk's Department, 32400 Paseo Adelanto, San Juan Capistrano, and/or a copy may be obtained from that office at a nominal charge. Dated: August 21, 1992 CITY OF SAN JUAN CAPISTRANO, CALIFORNIA STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) AND PUBLICATION CHERYL JOHNSON, 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 27, 1992, she caused a certified copy of the above referenced Ordinance to be posted in the City Clerk's Department; and that on August 27, 1992, the above Notice was published in the Capistrano Valley News newspaper; and, a copy of the above Notice was 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 Ul l Y U[' JAN JUAN UAVIJIKANU, UALIPUKN1A The Resolution authorized 1992 weed abatement charges in the amount of $10,243.45, to be assessed to individual properties by submittal of the cost report to the Orange County Auditor -Controller. --- �j 4. REQUEST FOR REZONE 91-01. VESTING TENTATIVE TRACT MAP 14343. AND DEVELOPMENT AGREEMENT FOR PROPERTY LOCATED ALONG LA NOVIA AVENUE EAST OF I-5 AND WEST OF THE GLENDALE FEDERAL PLANNED COMMUNITY (SAN JUAN MEADOWS/LA MESA/SAN JUAN CREEK ASSOCIATES) (460.20/420.40/600.30) (CONTINUED FROM JULY 21. 19921 Proposal: Consideration of a Rezone to amend the Forster Canyon Comprehensive Development Plan, Vesting Tentative Tract Map 14343, and Development Agreement for the San Juan Meadows project located along La Novia Avenue east of Interstate 5 and west of the Glenfed Planning Community. The 148 - acre project consists of 155 single-family detached lots, 120 single-family attached units, 180 senior housing units, a 9 -hole executive golf course and driving range, public improvements, and an 8.5 -acre public institutional site. The public hearing was continued from the meeting of July 21, 1992, for staff to address the Council's concerns regarding project financing, senior housing affordability, and potential visual impacts of the proposed senior housing, including an additional visual analysis of the knoll area. Applicant: Applicant's Representative: Al Brende and Ray Poulter Philip Schwartze San Juan Creek Associates, Ltd. The PRS Group 324 West Fourth Street, 2nd Floor 27132-B Paseo Espada, #122 Santa Ana, CA 92701 San Juan Capistrano 92675 Written Communication: Report dated August 4, 1992, from the Director of Planning Services, specifically addressing the concerns expressed by the Council at the July 21 meeting. Exhibits were on display, and Mr. Tomlinson made an oral presentation, which included the following comments: (1) Although the application for infrastructure financing was withdrawn by the applicant, staff included a condition in the proposed Resolution for the Vesting Tentative Tract Map that required any indebtedness from improvement districts be retired at the close of escrow to protect future homeowners from long-term property tax assessments. (2) Specific Government Code standards and regulations were applied for affordability in the Senior Housing District; development of the project will require an affordability agreement. (3) A visual analysis of the EIR found an additional view corridor to the project from EI Adobe Restaurant, but no major view impacts were perceived from the knoll area of the proposed project. A digitized computer view analysis will be required of the applicant for the senior housing portion of the project. (4) The applicant and the County are continuing their negotiations regarding the financing and closure of the landfill. Public Hearin¢: Notice having been given as required by law, Mayor Jones opened the Public Hearing, and the following persons responded: -9- 8/4/92 0 0 (1) Phillip Schwartze of the PRS Group, representing the applicant, San Juan Creek Associates, noted that commercial land use was not now proposed for the project, as previously directed by the City Council, and that the current view analysis represented the project's worst-case scenario. He noted that the applicant was not requesting an improvement district and that the Tentative Tract Map did not include as part of the site planning, the items shown on the illustrative. The tract map presented for approval would include the single-family homes only. The senior housing and townhomes would be before the City for site plan, architectural planning, etc. He concurred with staff's recommendations and stated that the applicant understood the proposed conditions of approval. (2) Mrs. Mary Rose Winkler, 32302 Valle Road (Capistrano Terrace), expressed concerns regarding the proposed project's impact on the existing instability of the land and improper drainage at Capistrano Terrace. (2) Jessica Dean, 32742 Alipaz Street, Space 102, on behalf of San Juan Housing Advocates, voiced support for the senior housing portion of the project. She noted the definition of "affordable housing" by Pauline Leonard in 'The Action Plan for Housing Opportunities Program in the City of San Juan Capistrano." There being no further input, the hearing was declared closed with the right to reopen at any time. Council Discussion: Councilman Friess expressed concern that the applicant would probably not be the individual who builds the project and therefore, there were a number of issues which needed to be addressed, as follows: Re: Comprehensive Development Plan Clarification was necessary regarding comparisons of the residential regulations between the project's added designations. - Cited concerns regarding the pad size and coverage. - Direction was needed regarding the inconsistency in sidewalk locations. Cited concerns regarding front yard setbacks. Consistency of documents was a concern, specifically, there was no mention in the CDP regarding the recreation facility shown on the tract map. Percentages of affordability needed to be clarified for the senior housing use. The CDP should clarify that the amount of open space was reduced for this project because it was consolidated into one space and not spread over the project area. The CDP should clarify that although two and three stories are allowed for the senior housing use under the zoning, it could be denied by the City Council. - Percentage of affordability should be applied to the originally proposed 275 units. - The senior housing portion of the project should be considered a separate project and stand on its own as affordable housing. He noted that none of the 275 units are considered "affordable," with the exception of the senior housing, and requested that "affordability for families" be addressed. -10- 8/4/92 9 0 - The City's review process needs to be clarified regarding Conceptual Phasing Plan and Mass Grading Plan. Housing allocations based on 1992 figures should be addressed since the homes would not be constructed for some time. - Construction access should be changed from Valle Road and not from La Novia Avenue and San Juan Creek Road. - The CDP should include the City Council in the approval of the landfill closure plan. - The CDP should address the potential visual impacts from land uses allowed for the neighborhood recreational area on the knoll since the uses could include buildings. - He inquired about the lack of a Landform Control District for the project. Re, Tentative Parcel MaR - The connection of "A" Street to "C" Street should be required prior to the first occupancy instead of the 100th occupancy as proposed. - Phasing of the public improvements should be spelled out to avoid problems with future developers. Early installation of the landscaping should be considered, similar to the Maurer project, to mitigate visual impacts. Regarding financing, a condition should be added to ensure that if the applicant failed to pay the bonds in full, the costs would not be passed on to future homeowners. The Tentative Tract Map should include a notation that the City Council has the final approval of the percentage of lot size coverage. Councilman Vasquez stated he would not support the project as proposed because of its density and the large homes on small lots. He concurred with Councilman Friess' suggestions regarding housing affordability not being applied to just the senior housing. Councilman Harris expressed opposition to the following: lot sizes being too small, project density, too much mass, insufficiency of open space between the buildings for adequate landscaping to mitigate the visual impacts, senior housing appears too institutionalized and the number of stories proposed for the senior housing. He requested that low-cost housing be assured and suggested that a conceptual plan for the project be referred to the Design Review Commission and the Planning Commission for review and recommendations. Mr. Denhalter advised that federal and state courts, over the last five years, have allowed the category of individuals over the age of 55 to be singled out for preferential treatment in the area of housing. In response to concerns expressed by the Council members, Mr. Schwartze explained the senior housing is its own issue and includes requirements put on normal housing. If Council approves the item and the zoning, the senior housing and townhouse units would be returned for architecture and site planning. He agreed that multiple builders would probably be involved, noting that there are builders who specialize in senior housing. He noted that the construction of Street "A" and its connection was not required until the 100th occupancy was because the TMC project was conditioned to build Street "A" from their connection down to La Novia Avenue, advising that the condition had been added by the Planning Commission. He agreed that more analysis was needed regarding lot -11- 8/4/92 coverage and number of stories for the senior housing portion of the project since there was not sufficient information at the present time and the specific planning would be done during specialized site planning. He stated the applicant attempted to match the setbacks approved for the TMC project. He stated that early landscaping installation would be acceptable. Councilman Friess indicated he was not opposed to the project but wished to present his list to staff and the applicant in order to resolve his issues. He suggested the hearing be continued to allow time to resolve Council's concerns. At this point in the hearing, a break was granted to the applicant's representatives to leave the Council Chamber to discuss the possibility of a continuance. During this time Ordinances and Council Comments were heard. The apphcant's representatives then returned to the Council Chamber, and Mr. Schwartze agreed to a two-week continuance. Continuation of Public Hearing: It was moved by Councilman Hausdorfer, seconded by Councilman Friess, and unanimously carried that the hearing be continued to the meeting of August 18, 1992, for staff and the applicant to address the concerns expressed by Council. RECESS AND RECONVENE Council recessed at 9:37 p.m. to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened at 9:38 p.m. ADMINISTRATIVE TEEMS ORDINANCES 1. AMENDMENT TO TITLE 2. CHAPTER 4 OF THE MUNICIPAL CODE - CAMPAIGN CONTRIBUTIONS (630.20) (ADOPTION) Written Communication: Report dated August 4, 1992, from the City Clerk, advising that the Ordinance was introduced at the meeting of July 21, 1992, and was scheduled for adoption. Adoption of Ordinance: The City Clerk 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 Hausdorfer, seconded by Councilman Friess, that the following Ordinance be adopted: ORDINANCE NO. 709, AMENDING TITLE 2. CHAPTER 4 OF THE MUNICIPAL CODE - CAMPAIGN CONTRIBUTIONS - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING TITLE 2, ADMINISTRATION, CHAPTER 4, MUNICIPAL ELECTIONS, ARTICLE 1, CAMPAIGN CONTRIBUTIONS -12- 8/4/92 0 0 It was moved by Councilman Hausdorfer, seconded by Councilman Friess that the following Resolution accepting the storm drain easement on the Vaughn property for the Sacarama Area Storm Drain Project be adopted as set forth in the Report dated July 7, 1992, from the Director of Engineering and Building: RESOLUTION NO 92-7-7-1 ACCEPTING STORM DRAIN EASEMENT ACROSS THE VAUGHN PROPERTY FOR THE SACARAMA AREA STORM DRAIN - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ACCEPTING A STORM DRAIN EASEMENT ACROSS THE VAUGHN PROPERTY FOR THE SACARAMA AREA STORM DRAIN The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Harris and Mayor Jones NOES: None ABSTAIN: Councilman Vasquez ABSENT: None The City Clerk was directed to forward the easement to the Orange County Recorder. PUBLIC HEARINGS • _ � • 4S � � i i i.4� • • 4�4ii z..l Y�._ 1• 4I.. 1 �_ riUyvsni- Consideration of a General Plan Amendment, Rezone to amend the Forster Canyon Comprehensive Development Plan, Vesting Tentative Tract Map 14343, Development Agreement, and Final Environmental Impact for the San Juan Meadows project located along La Novia Avenue east of Interstate 5 and west of the Glenfed Planning Community. The 148 -acre project consists of 155 single-family detached lots, 120 single-family attached -6- 7/7/92 units, 180 senior housing units, 9 -hole executive golf course and driving range, public improvements, and an 8.5 -acre public institutional site. Applicant: Al Brende and Ray Poulter San Juan Creek Associates, Ltd. 324 West Fourth Street, 2nd Floor Santa Ana, CA 92701 Written Communication: Report dated July 7, 1992, from the Director of Planning Services, recommending that the public hearing be continued to the meeting of July 21, 1992, to allow the applicant addi- tional time to modify the draft Comprehensive Development Plan to comply with earlier staff recommendations. Continuation of Public Hearing: Notice having been given as required by law, Mayor Jones opened the Public Hearing and, there being no response, it was moved by Councilman Hausdorfer, seconded by Councilman Vasquez, and unanimously carried that the hearing be contin- ued to the meeting of July 21, 1992. REQUEST TO REZONE A 4.83 -ACRE PARCEL ON PASEO ADELANTO, ADJACENT TO AND NORTH OF CITY HALL, REZONE 92-01 FROM GENERAL INDUSTRIAL TO COMMERCIAL MANUFACTURING (SYCAMORE BUSINESS PARK/ SPAULDING) (460.201 Proposal: Consideration of a request to rezone the site from Industrial Manufacturing (MG) to Commercial Manufacturing (CM), and an amendment to Section 9-3.415 of the Land Use Code to allow additional manufacturing and processing uses in the CM District. Applicant/PrORerty Owner: G. Richard Spaulding P.O. Box 1268 San Juan Capistrano, CA 92675 Written Communication: Report dated July 7, 1992, from the Director of Planning Services, advising that consideration of the amendment to allow additional uses in the Commercial Manufacturing District had been initiated by Council on April 21, 1992. The report provided a staff analysis of the proposed amend- ment to the Land Use Code, zone change, and Transportation Demand Management (TDM) Plan. -7- 7/7/92 MEMORANDUM TO: Memo to File FROM: Dawn M. Schanderl, Deputy City Clerk DATE: September 9, 1992 SUBJECT: San Juan Meadows Project For additional information regarding the Development Agreement with San Juan Creek Associates please check the following file: 420.40 Tract 14343 1992 San Juan Creek Associates San Juan Meadows/La Mesa /". 2 1 1 /". 2 1