Ordinance Number 1013 - ORDINANCE NO. 1013
u AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING AND ADOPTING AN
AMENDMENT TO THE AMENDED AND RESTATED DEVELOPMENT
AGREEMENT FOR AN APPROVED 292-ACRE TRACT TO BE
DEVELOPED WITH 416 DWELLING UNITS SUBJECT TO
COMPREHENSIVE DEVELOPMENT PLAN (CDP) 81-01, FORSTER
CANYON (APPLICANT: LV PACIFIC POINT LLC) (THE "PACIFICA SAN
JUAN PROJECT")
WHEREAS, LV Pacific Point, LLC (Lisa Gordon) has requested approval of an
amendment to the Development Agreement between the City and LV Pacific Point,
LLC's predecessors for an undeveloped portion of a 257-acre development project
which is commonly known as the "Pacifica San .Juan" Project, which Agreement was
executed in 1992, amended in 2002, and amended and restated in 2004 (collectively,
the "Development Agreement"); and,
WHEREAS, if approved, the proposed amendment to the Development
Agreement ("proposed DA Amendment") would extend the term of the Development
Agreement by thirty (30) months to end on January 16, 2017, and all other aspects of
the Development Agreement (as amended and restated in 2004) would remain the
same; and,
WHEREAS, the potential environmental impacts of the proposed DA Amendment
have been previously addressed in full compliance with the provisions of the California
Environmental Quality Act (CEQA) and its Guidelines, and no further environmental
analysis is required prior to the approval of the proposed DA Amendment because:
a) The environmental impacts of the Pacifica San Juan project have been fully
analyzed by the Pacific Point Final Environmental Impact Report ("EIR") certified
by the City Council on August 1, 1991, and by the Pacifica San Juan
Supplemental EIR certified by the City Council on September 2, 2003,
b) The proposed DA Amendment does not propose any change in the previously
approved project or any change which could potentially result in either a direct or
indirect physical change in the environment, the proposed DA Amendment will
not result in new, potentially significant environmental effects, and
c) None of the conditions described in CEQA Guidelines Sections 15162, 15163, or
15164 which would call for the preparation of a Subsequent or Supplemental
EIR, or an EIR Addendum, would occur as a result of the proposed DA
Amendment; and,
WHEREAS, the Planning Commission conducted a duly-noticed public hearing
U on March 11, 2014 pursuant to Government Code Section 65867 and Title 9, Land Use
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Code, Section 9-2.302 to consider the proposed DA Amendment and, after careful
study and consideration of all relevant public testimony, the Planning Commission
recommended approval the proposed DA Amendment; and,
WHEREAS, the City Council conducted a duly-noticed public hearing on April 15,
2014 pursuant to Government Code Section 65867 and Title 9, Land Use Code, Section
9-2.302 to consider the proposed DA Amendment, and the City Council has considered
all relevant public testimony; and,
WHEREAS, the record of proceedings on which the City Council's decision is
based is located at City Hall for the City of San Juan Capistrano, located at 32400
Paseo Adelanto, San Juan Capistrano, California and the custodian of record of
proceedings is the City Clerk.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Recitals.
The above recitations are true and correct and are adopted as the findings of the
City Council.
SECTION 2. Findings.
The City Council of the City of San Juan Capistrano makes the following additional
findings:
1. The proposed 30 month time extension for the Development Agreement
provides for the continued development of the "Pacifica San Juan" Project
consistent with the City's General Plan and as approved by the City
Council; and
2. The proposed DA Amendment makes no other changes to the
Development Agreement (as amended and restated in 2004) and remains
consistent with the General Plan Public Services Element because the
project includes provisions for addressing project-related capital facility
impacts to the City's infrastructure; and
3. The proposed DA Amendment is authorized and consistent with the
provisions of Government Code Sections 65864 through 65869.5 and
related City ordinances and policies.
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SECTION 3. Amendment.
Pursuant to Government Code Section 65868, the City Council does hereby
�— approve and adopt the "Amendment to the Amended and Restated Development
Agreement (Pacifica San Juan Project) by and between the City of San Juan Capistrano
and LV Pacific Point, LLC", which is attached as Exhibit A, and incorporated herein by
reference. The Mayor is hereby authorized to execute said agreement on behalf of the
City of San Juan Capistrano.
SECTION 4. Severability.
If any section, subsection, subdivision, paragraph, sentence, clause or phrase, or
portion of this Ordinance is, for any reason, held to be unconstitutional or invalid or
ineffective by any court of competent jurisdiction, such decision shall not affect the
validity or effectiveness of the remaining portions of this Ordinance or any part thereof.
The City Council herby declares that it would have adopted this Ordinance and each
section, subsection, subdivision, paragraph sentence, clause or phrase of this
Ordinance irrespective of the fact that one or more sections, subsections, subdivisions,
paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or
ineffective. To this end the provisions of this Ordinance are declared to be severable.
SECTION 5. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after its passage.
SECTION 6. 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 as required by law; or, in the
alternative, the City Clerk may cause to be published a summary of this Ordinance and
a certified copy of the text of this Ordinance shall be posted in the Office of the City
Clerk five (5) days prior to the date of adoption of this Ordinance; and, within fifteen (15)
days after adoption, the City Clerk shall cause to be published the aforementioned
summary and shall post a certified copy of this Ordinance, together with the vote for and
against the same, in the Office of the City Clerk.
PASSED, APPROVED AND ADO TED tl " day o May 2014.
n
SAM ALLEVATO, MAYOR
ATTES
MAf21A O I , CITY LER
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the
foregoing is a true and correct copy of Ordinance No. 1013 which was regularly introduced and placed
upon its first reading at the Regular Meeting of the City Council on the 15' day of April 2014, and that
thereafter, said Ordinance was duly adopted and passed at the Regular Meeting of the City Council on
the 6'"d of May 2014, by the following vote, to wit:
A S: COUNCIL MEMBERS: Byrnes, Kramer, Reeve, Allevato and Mayor Taylor
NO COUNCIL MEMBERS: None
ABS O IL MEM RS: None
ARIA I CITY CLE K
STATE OF C LIFORNIA I
COUNTY OF ORANGE ) as AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, declare as follows:
That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano;That in
compliance with State laws, Government Code section 36933(1)of the State of California, on the 24'"day
of April 2014, at least 5 days prior to the adoption of the ordinance, I caused to be posted a certified copy
of the proposed ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING AND ADOPTING AN
AMENDMENT TO THE AMENDED AND RESTATED DEVELOPMENT
AGREEMENT FOR AN APPROVED 292-ACRE TRACT TO BE
DEVELOPED WITH 416 DWEL I, G UNITS SUBJECT TO
COMPREHENSIVE DE ENT
LW . (CDP) 81-01, FORSTER
CANYON (APPLICANT: LV PACIFIC POI T LC) (THE "PACIFICA SAN
JUAN PROJECT")
This document was posted in the Office of the City Clerk
MARIA MO S, C TY CLE K
San Juan C pistrano, Califor
STATE OF CALIFORNIA 1
COUNTY OF ORANGE ) as AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO I
I,MARIA MORRIS, declare as follows:
That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano;that in n
compliance with State laws, Government Code section 36933(1)of the State of California. --
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On the 7"day of May 2014, 1 caused to be posted a certified copy of Ordinance No. 1013, adopted by
the City Council on May 6, 2014, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING AND ADOPTING AN
AMENDMENT TO THE AMENDED AND R STATED DEVELOPMENT
AGREEMENT FOR AN APPRO A2 -ACRE TRACT TO BE
DEVELOPED WITH 416 DWENITS SUBJECT TO
COMPREHENSIVE DEVELOPMENTDP) 61-01, FORSTER
CANYON (APPLICANT: LV PACIFIC ) (THE "PACIFICA SAN
JUAN PROJECT')
This document was posted in the Office of the City Clerk
MARIA O S, CITY CLERK
San Jua a t no, California
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RECORDING REQUESTED BY AND WHEN RECORDED,
MAIL TO:
City Clerk
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
AMENDMENT TO AMENDED AND RESTATED DEVELOPMENT AGREEMENT
FOR THE PACIFICA SAN JUAN PROJECT BETWEEN
THE CITY OF SAN JUAN CAPISTRANO AND LV PACIFIC POINT LLC
This Amendment to the Amended and Restated Development Agreement for the Pacifica San
Juan Project (the "Amendment") is entered into between the City of Sari Juan Capistrano, a
municipal corporation ("City"), and LV Pacific Point LLC, a Delaware limited liability company
("Owner). City and Owner are referred to collectively within this Amendment as the"Parties."
RECITALS
A. Owner owns the real property within the City (the "Property") which is described on Exhibit
"A" and shown on Exhibit "B" to this Amendment. The Property represents the remaining
undeveloped portion of a 257-acre development project which has been known as both
"Pacific Point" and"Pacifica San Juan" (the"Project").
..J B. In 1992, City and Owner's predecessors entered into a Development Agreement which was
subsequently amended in 2002 and amended and restated in 2004 (collectively, the
"Development Agreement').
C. The Parties have now agreed to an extension of the Term of the Development Agreement.
This extension was approved by the City Council by ordinance on , 2014.
AGREEMENT
The Parties agree as follows:
1. Section 4.1 of the Development Agreement shall be amended in its entirety to read:
"Term of Agreement. Unless otherwise extended, terminated or modified pursuant to this
Agreement, the term of this Agreement (the "Term") shall commence on the Effective Date
and shall extend through January 16, 2017."
2. Pursuant to Section 11.13 of the Development Agreement, notices sent to Owner shall be
addressed to the following:
LV Pacific Point LLC Cox Castle&Nicholson
c% Lehman Brothers Holdings Inc. 19800 MacArthur Boulevard, Suite 500
1271 Avenue of the Americas 39`"Floor Irvine, CA 92612-2480
New York, NY 10020 Attn: Tim Paone
j Attn: Joelle Halperin
06541116033880v1
EXHIBIT A
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Except as so modified, all provisions of the Development Agreement shall remain in full force and
effect. IJ
This Amendment has been signed as of , 2014, the effective date of the ordinance
approving this Amendment.
Iscity" "Owner"
City of San Juan Capistrano, LV PACIFIC POINT LLC,
a municipal corporation a Delaware limited liability company
By: PAMI LLC,
By: its Managing Member
Name: By:
Title: Name:
Title:
I approve the form of this Amendment.
City Attorney
ATTEST:
Maria Morris, CMC, City Clerk
06541116033880x1
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JEXHIBIT A
Legal Description of the Property
Real properly In the City of San Juan Capistrano, County of Orange,State of California,
described as follows:
PARCEL 1: (APN'S: 675-085-39,675-085-01 THROUGH 675-085-38,675-085-47, 675-085-48,
675-001-19,675-085-45 AND 675-085-46)
LOTS 1, 7 THROUGH 44, INCLUSIVE,AND LETTERED LOTS A THROUGH E, INCLUSIVE,OF
TRACT NO. 14196, AS PER MAP RECORDED IN BOOK 875, PAGES 16 THRU 21 INCLUSIVE,OF
MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
AMENDED PURSUANT TO THAT CERTAIN CERTIFICATE OF CORRECTION RECORDED DECEMBER
22,2008 AS INSTRUMENT NO. 2008000584708 OF OFFICIAL RECORDS.
ALSO EXCEPT THEREFROM, AN UNDIVIDED ONE-HALF INTEREST IN ALL THE OIL, GAS AND
E HYDROCARBON SUBSTANCES IN UPON AND UNDER SAID LAND TOGETHER WITH THE
OTHER ,
INCOME ACCRUING HEREFROM, AS RESERVED BY HOWARD L. KRUM AND FAY WILSON KRUM,
HUSBAND AND WIFE, BY DEED RECORDED JUNE 6, 1956,IN BOOK 3538, PAGE 550 OF
OFFICIAL RECORDS,AND RERECORDED JULY 20, 1956, IN BOOK 3584, PAGE 339,OF OFFICIAL
RECORDS.
ALSO EXCEPT THEREFROM ALL WATER RIGHTS AS DEDICATED TO THE CITY OF SAN JUAN
CAPISTRANO ON THE MAP OF TRACT NO. 14196.
PARCEL 2: (APN'S, 675-44401 THROUGH 675-444-23, 675-444-24,675-44425, 675-442-05
THROUGH 675-442-07)
LOTS 1 THROUGH 23,INCLUSIVE,AND LETTERED LATS A, B,AND D THROUGH F,INCLUSIVE,
OF TRACT NO. 15609,AS PER MAP RECORDED IN BOOK 885, PAGES 37 THRU 44 INCLUSIVE,
OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT THEREFROM ALL WATER RIGHTS AS DEDICATED TO THE CM OF SAN JUAN
CAPISTRANO ON THE MAP OF TRACT NO. 15609,
PARCEL 3: (APN'S: 675-081-17,675-081-20,675-081-22, 675-411-74,675-08121,675-081-23,
675-411-72,675-081-18)
LOTS 1 AND 2,INCLUSIVE, AND LETTERED LOTS A THROUGH E, INCLUSIVE,OF TRACT NO.
15687,AS PER MAP RECORDED IN BOOK 875, PAGES 1 THRU 5,INCLUSIVE,OF
MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
ALSO EXCEPT`THEREFROM,AN UNDIVIDED ONE-HALF INTEREST IN ALL THE OIL,GAS AND
OTHER HYDROCARBON SUBSTANCES,IN, UPON AND UNDER SAID LAND,TOGETHER WITH THE
INCOME ACCRUING HEREFROM,AS RESERVED BY HOWARD L. KRUM AND FAY WILSON KRUM,
HUSBAND AND WIFE, BY DEED RECORDED JUNE 6, 1956,IN BOOK 3538, PAGE 550 OF
OFFICIAL RECORDS,AND RERECORDED JULY 20, 1956, IN BOOK 3584,PAGE 339,OF OFFICIAL
RECORDS.
ALSO EXCEPT THEREFROM ALL WATER RIGHTS AS DEDICATED TO THE CITY OF SAN JUAN
CAPISTRANO ON THE MAP OF TRACT NO. 15687.
Exhibit A -i
065411%6033880v1
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PARCEL 4:(APN'S: 675-443.02,675-443-01,675-441-01,675-443.03,675-442.04,67S-441.05,
675-442-01,675-441-03,675.441-02)
LOTS 1 AND 2,INCLUSIVE,AND LETTERED LOTS A, B,AND D THROUGH H, INCLUSIVE,OF
TRACT NO. 16747,AS PER MAP RECORDED IN BOOK 885, PAGES 10 THRU 18 INCLUSIVE,OF
MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL 4A; (APN: 675-441-04 AND 675-441-06)
LOT I OF TRACT NO. 16747,AS PER MAP RECORDED IN BOOK 885,PAGES 10 THRU 18
INCLUSIVE,OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
EXCEPTING THEREFROM THAT PORTION OF LETTERED LOT I OF TRACT 1.6747,INCLUDED
WITHIN PARCEL 1 AS DESCRIBED IN EXHIBIT"A"AND SHOWN ON EXHIBIT"S"OF LOT LINE
ADJUSTMENT NO.07-16747-01,SAID LOT LINE ADJUSTMENT RECORDED MAY 8,2007,AS
INSTRUMENT NO.07-0298751,OF OFFICIAL RECORDS OF SAID COUNTY.
ALSO EXCEPT THEREFROM ALL WATER RIGHTS AS DEDICATED TO THE CITY OF SAN JUAN
CAPISTRANO ON THE MAP OF TRACT NO. 16747.
PARCEL 5:(APN'S:675-411-75 AND 675-411-71)
LETTERED LOTS A AND 8,INCLUSIVE,OF TRACT NO. 16748,AS PER MAP RECORDED IN BOOK
875,PAGES 6 THRU 10 INCLUSIVE,OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
ALSO EXCEPT THEREFROM,AN UNDIVIDED ONE-HALF INTEREST IN ALL THE OIL,GAS AND
OTHER HYDROCARBON SUBSTANCES,IN, UPON AND UNDER SAID LAND, TOGETHER WITH THE
INCOME ACCRUING HEREFROM,AS RESERVED BY HOWARD L. KRUM AND FAY WILSON KRUM,
HUSBAND AND WIFE,BY DEED RECORDED JUNE 6, 1956,IN BOOK 3538, PAGE 550 OF
OFFICIAL RECORDS,AND RERECORDED JULY 20, 1956,IN BOOK 3584,PAGE 339,OF OFFICIAL
RECORDS.
ALSO EXCEPT THEREFROM ALL WATER RIGHTS AS DEDICATED TO THE CITY OF SAN JUAN
CAPISTRANO ON THE MAP OF TRACT NO, 16748.
PARCEL 6: (APN: 675-411.73)
LETTERED LOT A,OF TRACT NO. 16749,AS PER MAP RECORDED IN BOOK 875, PAGES 11
THRU 15 INCLUSIVE,OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY.
ALSO EXCEPT THEREFROM,AN UNDIVIDED ONE-HALF INTEREST IN ALL THE OIL,GAS AND
OTHER HYDROCARBON SUBSTANCES,IN,UPON AND UNDER SAID LAND, TOGETHER WITH THE
INCOME ACCRUING HEREFROM,AS RESERVED BY HOWARD L. KRUM AND FAY WILSON KRUM,
HUSBAND AND WIFE,BY DEED RECORDED JUNE 6, 1956,IN BOOK 3538,PAGE 550 OF
OFFICIAL RECORDS,AND RERECORDED JULY 20, 1956, IN BOOK 3584,PAGE 339,OF OFFICIAL
RECORDS.
ALSO EXCEPT THEREFROM ALL WATER RIGHTS AS DEDICATED TO THE CITY OF SAN JUAN
CAPISTRANO ON THE MAP OF TRACT NO. 16749,
Exhibit A-2
06541116033880v1
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PARCEL 7: (APN'S:675-421,07 THROUGH 675-421-13, 675431-18 THROUGH 675.431-33, 675-
43138,675-421-19,675-431-39, 675-431-34 THROUGH 675-431-37,675-421-16, 675-421-18,
675-351-17 AND 675-361-17)
LOTS 16 THROUGH 38,INCLUSIVE,AND LETTERED LOTS A THROUGH 3,INCLUSIVE,OF TRACT
NO. 16750,AS PER MAP RECORDED IN BOOK 883, PAGES i THRU 10 INCLUSIVE,OF
MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
ALSO EXCEPT THEREFROM, AN UNDIVIDED ONE-HALF INTEREST IN ALL THE OIL, GAS AND
OTHER HYDROCARBON SUBSTANCES,IN,UPON AND UNDER SAID LAND,TOGETHER WITH THE
INCOME ACCRUING HEREFROM,AS RESERVED BY HOWARD L. KRUM AND FAY WILSON KRUM,
HUSBAND AND WIFE,BY DEED RECORDED JUNE 6, 1.9%,IN BOOK 3538,PAGE 554 OF
OFFICIAL RECORDS, AND RERECORDED JULY 20, 1956,IN BOOK 3584,PAGE 339,OF OFFICIAL
RECORDS.
ALSO EXCEPT THEREFROM ALL WATER RIGHTS AS DEDICATED TO THE CITY OF SAN JUAN
CAPISTRANO ON THE MAP OF TRACT NO. 16750.
PARCEL 8: (APN'S: 675-451,01 THROUGH 675.451-22, 675.451-25,675-451-26,675.451,28
THROUGH 675.451-31)
LOTS 1 THROUGH 22, INCLUSIVE,AND LETTERED LOTS A, B,D, E, G AND H,OF TRACT NO.
16751, AS PER MAP RECORDED IN BOOK 885, PAGES 19 THRU 23 INCLUSIVE, OF
MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
U
EXCEPT THEREFROM ALL WATER RIGHTS AS DEDICATED TO THE CITY OF SAN JUAN
CAPISTRANO ON THE MAP OF TRACT NO. 16751.
PARCEL 9: (APN'S: 675-471-01 THROUGH 675.471-41, 675-461-01 THROUGH 675-461-52)
LOTS i'THROUGH 82,INCLUSIVE,AND LETTERED LOTS A THROUGH I,INCLUSIVE,OF TRACT
NO. 16752,AS PER MAP RECORDED IN BOOK 885,PAGES 24 THRU 36 INCLUSIVE,OF
MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
ALSO EXCEPT THEREFROM, AN UNDIVIDED ONE-HALF INTEREST IN ALL THE OIL, GAS AND
OTHER HYDROCARBON SUBSTANCES, IN, UPON AND UNDER SAID LAND,TOGETHER WITH THE
INCOME ACCRUING HEREFROM,AS RESERVED BY HOWARD L. KRUM AND FAY WILSON KRUM,
HUSBAND AND WIFE,BY DEED RECORDED JUNE 6, 1956,IN BOOK 3538,PAGE 550 OF
OFFICIAL RECORDS,AND RERECORDED JULY 20, 1956,IN BOOK 3584, PAGE 339,OF OFFICIAL
RECORDS.
ALSO EXCEPT THEREFROM ALL WATER RIGHTS AS DEDICATED TO THE CITY OF SAN JUAN
CAPISTRANO ON THE MAP OF TRACT NO. 16752.
L�
Exhibit A-3
06541116033880x1
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EXHIBIT B
Map of the Property
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Exhibit B -I
M5411083880 I
0 1013
STATE OF CALIFORNIA
COUNTY OF ORANGE
On , 2014, before me, , (here insert name and title
of the officer), personally appeared , who proved to me on the
basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s)acted, executed the instrument.
I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature (seal)
i
J
STATE OF CALIFORNIA
COUNTY OF ORANGE
On , 2014, before me, , (here insert name and title
of the officer), personally appeared , who proved to me on the
basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph
Is true and correct.
WITNESS my hand and official seal.
Signature (seal)
J
06541116033880v1
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LV PACIFIC POINT LLC
c/o Lehman Brothers Holdings Inc.
1271 Avenue of the Americas
New York,NY 10020
December 3,2013
Mr.Nelson Miller C ; 1 12 3
City of San Juan Capistrano DEVELOPMENT SERVICES
32400 Paseo Adelanto
San Juan Capistrano,CA 92675
Dear Nelson:
On October 30, 2013, LV Pacific Point LLC ("LV Pacific Point") submitted an application to the City
requesting a number of actions with respect to the Pacific Point project(the"Project'). LV Pacific Point
would now like to modify that application to replace all requested actions with a simple request for a
modest extension of the term of the existing Development Agreement (the "DA") so that it expires on
January 16,2017,rather than on its current expiration date of July 16,2014.This requested extension
would modify Section 4.1 of the DA to read:
"Unless otherwise extended, terminated or modified pursuant to this Agreement, the
term of this Agreement (the 'Term") shall commence on the Effective Date and shall
extend through January 16,2017'.
This requested thirty-month extension Is a consequence of more than four years of project delays
resulting from the national economic downturn and the subsequent foreclosure and bankruptcy
proceedings related to the Pacific Point property(the"Property").
As background, LV Pacific Point did not control the Property until 2012. Since then, we have made
extensive efforts to repair and maintain the Property,bring the Project into compliance with WQMP and
SWPPP regulations, and put the landscape, slope, and common areas into a maintained and functional
state. At the same time, we have Identified outstanding project conditions and engaged in dialogue
with City staff to facilitate compliance with the letter and intent of the Project approvals. To manag^
these efforts,we have assembled a professional development team to assist our in-house management
staff. This team Includes Rockne Construction as field and construction manager, DMB Pacific Ventures
("Pacific Ventures")as development manager, RBF Engineering("RBF")as traffic engineer, Hunsaker and
Associates as civil engineer,and Chambers Group("Chambers")as biological resource consultant.
Our team has Identified two conditions, in particular, which will require approvals from and
coordination with state and/or federal agencies that are not likely to be obtained within the current
term of the DA. These relate to (i) habitat mitigation and (ii) off-tract street improvements for the
Northbound 1-5 ramps/ La Novia Avenue. While our optimistic goal is to complete these tasks in the
next twelve months, based on our team's experience, we recognize that these potentially complex
processes could take significantly more than one year to finalize. For that reason,we are requesting an
extension of the Development Agreement term which would avoid repeated requests for extensions if
these processes stretch out,as so often is the case.
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Please be assured that we have been diligently pursuing resolution of these issues and will continue to
do so. Under the direction of Steve Letterly with Pacific Ventures, we have initiated consultation with
the United States Fish and Wildlife Service (the "USFWS") related to the implementation of habitat
mitigation. Unfortunately, some land previously identified for mitigation was sold by our predecessor
SJD Partners,Ltd.,to a third party before LV Pacific Point acquired the Property. That now requires us to
engage with the USFWS and the California Department of Fish and Wildlife to modify the mitigation
program. Pacific Ventures and Chambers are working with the USFWS to assess the remaining
mitigation obligations and identify potential on-site and offsite mitigation parcels.This is likely to be an
extensive process Involving the analysis of the pros and cons of several alternatives and ongoing
dialogue with the state and federal resource agencies.
With respect to the Northbound 1-5 ramp / La Novla Avenue intersection improvements, those
improvements are required to be completed before issuance of the 151st building permit. We fully
recognize the high priority the City places on these improvements,which is matched by our own desire
to move the project forward as quickly as reasonably possible. Nonetheless, this approval process is
likely to extend well beyond the current Development Agreement termination date. Caltrans has
approved the use of a Permit Engineering Evaluation Report("PEER'),with the City acting as lead agency
and preparing the CEQA analysis. The PEER is being facilitated by RBF under the direction of Pacific
Ventures in conjunction with the City. The City and RBF are currently working through the Caltrans
"Intersection Control Evaluation" process to determine the improvements' final conceptual design.
Once the PEER has been submitted, reviewed, and approved by both the City and Caltrans, the
preparation of the construction drawings can commence. All of this will take time.
We hope the City recognizes our progress and our ongoing commitment to the Project and understands
that our requested extension of the term of the Development Agreement will benefit the City by
positioning the Project for its long-awaited completion.
Please let me know if we can provide anything else in order to advance this request and complete the
DA extension.
Sincerely,
LV Pacific Point LLC
A Delaware Limited Liability Company
By: PAIv11 LLC,its Managing Member
By:
Jonas Stiklorlus
Its:
Cc:Karen Brust,City Manager
Ii I
U
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