Ordinance Number 1033ORDINANCE NO. 1033
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO
APPROVING AND ADOPTING AN AMENDMENT TO THE
DEVELOPMENT AGREEMENT FOR THE INN AT THE MISSION SAN
JUAN CAPISTRANO PRO~ECT, FORMERLY KNOWN AS THE PLAZA
BANDERAS HOTEL AND MIXED USE PROJECT, BETWEEN THE CITY
OF SAN JUAN CAPISTRANO AND SOUTH COAST INVESTORS II, LLC
EXTENDING THE TERM OF THE DEVELOPMENT AGREEMENT
FROM AUGUST 3, 2016, TO AUGUST 3, 2017, FOR A 3.18-ACRE
SITE LOCATED AT 26891 ORTEGA HIGHWAY (ASSESSOR
PARCEL NUMBERS 124-170-12, 14, 15, &16) (APPLICANT:
DAN FRIESS, MISSION COMMERCIAL PROPERTIES, INC.)
(THE "PLAZA BANDERAS HOTEL PROJECT")
WHEREAS, South Coast Investors II, LLC ("South Coast") has requested
approval of an amendment to the Development Agreement between the City and South
Coast for the Inn at the Mission San Juan Capistrano Project, a hotel and mixed use
project formerly known as the "Plaza Banderas Hotel and Mixed Use Project", which
Agreement was originally executed in 2011, by and between the City and Stroscher G3,
LLC; and,
WHEREAS, in 2015 , Stroscher G3, LLC, assigned its interest in and to the
property subject to the Development Agreement to South Coast, and the City duly
approved said assignment ; and,
WHEREAS, if approved, the proposed amendment to the Development
Agreement ("proposed DA Amendment") would extend the term of the Development
Agreement by one (1) year to August 3, 2017, and all other aspects of the Development
Agreement 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 Inn at the Mission San Juan Capistrano
Project, formerly known as the Plaza Banderas Hotel Project, have been fully
analyzed by the Plaza Banderas Hotel Final Environmental Impact Report
("EIR") certified by the City Council on October 5, 201 0; and,
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,
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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 City Council conducted a duly-noticed public hearing on
May, 17, 2016, 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. Find i ngs.
The City Council of the City of San Juan Capistrano makes the following additional
findings:
1. The proposed time extension for the Development Agreement provides for
the continued development of the "Inn at the Mission San Juan Capistrano
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 and is 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. Extending the Development Agreement is in the public interest because
the applicant is diligently pursuing the project, including completion of the
demolition work and installation of a sound wall, and not extending the
agreement would jeopardize completion of the project to the detriment of
the City ; and,
2 0 1033
4. The proposed amendment to the Development Agreement is authorized
and consistent with the provisions of Government Code Sections 65864
through 65869.5 and related City ordinances and policies.
SECTION 3. CEQA.
The City Council does hereby find that the DA Amendment is not subject to CEQA
because it is not a "project" as defined in Title 14, California Code of Regulations,
Section 15378.
SECTION 4 . Amendment.
Pursuant to Government Code Section 65868, the City Council does hereby
approve and adopt the "Amendment to the Development Agreement for the Inn at the
Mission San Juan Capistrano Project, formerly known as the Plaza Banderas Hotel and
Mixed Use Project" by and between the City of San Juan Capistrano and South Coast
Investors II, 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. Severab i lity.
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
3 0 1033
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 on this 6th day of June 2016.
/J .u, t2.
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. 1033 which was
regularly introduced and placed upon its first reading at the Regular Meeting of the City
Council on the 1th day of May 2016, and that thereafter, said Ord inance was duly
adopted and passed at the Regular Meeting of the City Council on the 61h day of June
2016, by the following vote, to wit:
CIL MEMBERS: Allevato, Reeve, Ferguson and Mayor Patterson
CIL MEMBERS: None
CIL MEMBERS: Pe r
4 0 1033
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss 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 19th day of May 2016 , 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 OF SAN JUAN CAPISTRANO
APPROVING AND ADOPTING AN AMENDMENT TO THE
DEVELOPMENT AGREEMENT FOR THE INN AT THE MISSION SAN
JUAN CAPISTRANO PROJECT, FORMERLY KNOWN AS THE PLAZA
BANDERAS HOTEL AND MIXED USE PROJECT, BETWEEN THE CITY
OF SAN JUAN CAPISTRANO AND SOUTH COAST INVESTORS II, LLC
EXTENDING THE TERM OF THE DEVELOPMENT AGREEMENT
FROM AUGUST 3, 2016, TO AUGUST 3, 2017, FOR A 3.18-ACRE
SITE LOCATED AT 26891 ORTEGA HIGHWAY (ASSESSOR
PARCEL NUMBERS 124-170-12, 14 , 15, &16) (APPLICANT:
DAN FRIESS, MISSION COMMER ROPERTIES, INC.)
(THE "PLAZA BANDERAS HOTEL PROJE
This document was posted in the Office of the r
---+~~4-~~==--~-=~------
MAR
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss 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 10th day of June 2016 , I caused to be posted a certified copy of Ordinance No.
1033, adopted by the City Council on June 6, 2016, entitled:
5 0 1033
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO
APPROVING AND ADOPTING AN AMENDMENT TO THE
DEVELOPMENT AGREEMENT FOR THE INN AT THE MISSION SAN
JUAN CAPISTRANO PROJECT, FORMERLY KNOWN AS THE PLAZA
BANDERAS HOTEL AND MIXED USE PROJECT, BETWEEN THE CITY
OF SAN JUAN CAPISTRANO AND SOUTH COAST INVESTORS II, LLC
EXTENDING THE TERM OF THE DEVELOPMENT AGREEMENT
FROM AUGUST 3, 2016, TO AUGUST 3, 2017, FOR A 3.18-ACRE
SITE LOCATED AT 26891 ORTEGA HIGHWAY (ASSESSOR
PARCEL NUMBERS 124-170-12 , 14, 15, &16) (APPLICANT :
DAN FRIESS, MISSION CO ME CIAL PROPERTIES, INC.)
(THE "PLAZA BANDERAS HOTEL P J T")
6 0 1033
RECORDING REQUESTED BY:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
WHEN RECORDED, MAIL TO:
Maria Morris, City Clerk
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Exempt from Recording Fees:
Government Code §§27383 , 6103
City of San Juan Capistrano This Space for Recorder's Use Only
Amendment to Development Agreement for the Inn at the Mission San Juan
Capistrano Project, formerly known as the Plaza Banderas Hotel and Mixed
Use Project, Between the City of San Juan Capistrano
and South Coast Investors II, LLC
EXHIBIT A
AMENDMENT TO DEVELOPMENT AGREEMENT FOR THE INN AT THE
MISSION SAN JUAN CAPISTRANO PROJECT, FORMERLY KNOWN AS THE
PLAZA BANDERAS HOTEL AND MIXED USE PROJECT, BETWEEN
THE CITY OF SAN JUAN CAPISTRANO
AND SOUTH COAST INVESTORS, II, LLC
This First Amendment to the Development Agreement for the Inn at the
Mission San Juan Capistrano Project, formerly known as the Plaza Banderas
Hotel and Mixed Use Project (the "Amendment"), is entered into between the
City of San Juan Capistrano, a municipal corporation ("City"), and South Coast
Investors II, LLC ("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 and shown on Exhibit "A" to this Amendment. The Property
represents the 3.18-acre development project located at 26891 Ortega
Highway (Assessor Parcel Numbers 124-170-12, 14, 15, & 16) known as the
"Inn at the Mission San Juan Capistrano Project," and formerly known as the
"Plaza Banderas Hotel and Mixed Use Project "(the "Project").
B. In 2011, City and Owner's predecessor-in-interest, Stroscher G3, LLC, entered
into a Development Agreement for the Project.
C. In 2015, Stroscher G3, LLC, duly assigned its interest in and to the Property to
South Coast Investors II, LLC.
D. The Parties have now agreed to an extension of the Term of the
Development Agreement, pursuant to Section 2.3 thereof.
E. This extension was approved by the City Council by ordinance on June 6,
2016.
AGREEMENT
The Parties agree as follows:
1. Pursuant to Section 2.3 of the Development Agreement, the term of the
Development is extended for one year, to and including August 3, 2017.
Except as so modified, all provisions of the Development Agreement shall
remain in full force and effect.
This Amendment has been signed as of ____ , 2016, the effective date of the
ordinance approving this Amendment.
[Signatures on following page]
2
SIGNATURE PAGE TO AMENDMENT TO DEVELOPMENT AGREEMENT FOR
THE INN AT THE MISSION SAN JUAN CAPISTRANO PROJECT, FORMERLY
KNOWN AS . THE PLAZA BAND ERAS HOTEL AND MIXED USE PROJECT,
BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND SOUTH COAST
INVESTORS II, LLC
"City"
City of San Juan Capistrano,
a municipal corporation
By ______ ~~--------
Mayor
Attest:
Maria Morris, City Clerk
Approve as to Form
City Attorney
"Owner"
South Coast Investors II, LLC
By ____________________ __
Name --------------------Title ____________________ _
3
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ____ _
)
)
On , 20_, before me, , Notary
Public , personally appeared , who proved to me on
the basis of satisfactory evidence to be the person(s) whose name is subscribed to
the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity, and that by his/her/their signature on the
instrument the person, or the entity upon behalf of which the person 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)
4
EXHIBIT A
Legal Description of the Proper
5
I
CURRENT RECORD OWNER
EXHIBIT 'A'
LOT LINE ADJUSTMENT
LL 2015-LLA. l'i .. 004-
(LEGAL DESCRIPTION)
EXISTING PARCELS
A.P. NUMBERS
SOUTII COAST INVESTORS 11, LLC POR. LOT 12 OF TRACT NO. 103 A.P. 124-170-12
SOUTII COAST INVESTORS II, LLC POR. LOT 12 OF TRACT NO. 103 A.P. 124-170-12
SOUTII COAST INVESTORS 11, LLC POR. LOT 12 OF TRACT NO. 103 A.P. 124-170-12
Parcel1:
PROPOSED PARCELS
REFERENCE NUMBERS
PARCELl
PARCELl
PARCELl
Page 1 of 2
·In the City of San Juan Capistrano, County of Orange, State of California, being a portion of Lot 12 of Tract
No.1 03 filed in Book 11, Pages 29 through 33, inclusive, of Miscellaneous Maps, in the Office of the County
Recorder of said County described as follows:
Beginning at the southwest corner of said Lot 12, thence along the southerly line of said Lot, South
81°19'47" East 67.38 feet to the northerly line of that certain 80.00 feet strip of land conveyed to the State of
California by Deed recorded June 28, 1940 in Book 1049, Page 349 of Official Records in said County, said
line being parallel with and distant northerly 40.00 feet from the centerline of Ortega Highway as shown on
Record of Survey 2009-1078 filed in Book 246, Pages 32 through 43, inclusive of Records of Surveys in the
Office on the County Surveyor of said· County; thence along said northerly and parallel line the following two
courses:
1) South 84°43'58" East 4.32 feet, to the being to the beginning of a curve concave northerly having a radius
of 960.00 feet,
2) easterly along said curve 69.31 feet through a central angle of 4°08'12" to the northwesterly line of the land
described as Parcel 1 in the Deed to the State of California recorded November 21, 1957 in Book 4110, Page
520 of Official Records; thence along said northwesterly line the following three (3) courses:
1) North 73°02'22" East 119.14 feet to the beginning of a non-tangent curve concave northerly having a
radius of 729.69 feet, a radial bearing to said point bears South 08°55'33" East,
3) and North 69°46'02" East 282.05 feet to the southwesterly line of the land described as Parcel 2 of said
Deed recorded in Book 4110 Page 520 of Official Records; thence along said southwesterly line North
58°27'15'' West 17 4.45 feet to the northerly line of said Lot 12; thence along said northerly line; North
84°27'02" West 435.39 feet to a point that is distant South 84°27'02" East 120.00 f~6_{rlrorrd ~J;;:n b~hwest
corner of said Lot; thence perpendicular South 05°32'58" West 60.00 feet;
CURRE RECORil OWNER
EXHIBIT 'A'
LOT LINE ADJUST l ENT
LL 2015-t...L..A I C)· 004-
rL
PROPOSED P RCE
R.EFERENCE NUMBERS
Page 2 of 2
thence perpendicular North 84"27'02" West 105.22 feet to the west line of said Lot; thence along said west
line South 8'"17'56" East 240.41 feet to the Point of Beginning.
The bcaringll and distam:<!s herein are per Rcc rd of Survey 2( 9-1078 filed in B k 246, Pages 32 through 43,
indusive of Records of Surveys in the Office on I he County Surveyor of said County, the di~tances were
c.: nvertcd r m ~rid to ground for the purp se of this de, •r 'ption.
Containing an area nf 3.098 acres, more <Jr kss
Note: 111t'rt" mrl 1 hi' e anems of reconl rh·lint'tslt•d cmJ rt: 'IWiceJ on til~· under~ving maps or til ,.,_.may be• other recon.lc•d
easemctll wilhifl tht.• urt•a being rulftt.\lrd thm ml' 1tm shm 11 on rlli1 d ftlmt'IH rlwr could encumber said pared! lzertin.
As shown t)O l.:x hibit "B" attached hereto and by this reference nHlde n part thereof.
'lltb. llcM:riptinn was prcp:m:d by me or under my direction.
Rohcn L Wheclt:r IV, LS. l'\6J<J
M Lin:n1>c -xr ir • : 1 ./.H/201~
.'ttc: /lL/.J/"
No.8639
November 18, 20! ~
WO. 4096-lT
H&A lJA # 1384
By C. Tripi
Checked Hy. R. Wh<.'clcr
Current Record Owner(S)
SOUTH COAST INVESTORS II, LLC
SOUTH COAST INVESTORS II, LLC
SOUTH COAST INVESTORS II, LLC
LEGEND
REVISED LOT LINE
--LOT LINE TO BE REVISED
- -LOT LINE TO REMAIN
NOTE
VACANT NO
STRUCTURES ON SllE
LINE TABLE
LINE BEARING
L1 N81"19'47"W
L2 N84"43'58"W
L3 N73"02'22"E
CURVE TABLE
LENGTH
67 .38'
4.32'
119.14'
CURVE I DELTA I RADIUS I LENGTH
C1 I 4"08'12" I 96o.oo'l
ROBERT L.
H&A LLA NO . 1384
DWG BY: R. JESUS
CHECKED BY: R. WHEELER
69 .31'
I:\ Mission Inn SJC\LLA\ 1384\EXH.B-SHT01.dwg
Exhibit "B"
Lot Line Adjustment
LLA 2015-.l-L..A \'3-C:04-
(Map)
Existing Parcel
A P Number
124-170-12
124-170-14
124-170-15, 16
Proposed Parcels
Reference Number
Parcel1
STATE ROUTE 5 FREEWAY SHEET 1 OF 1
SCALE: 1"=100'
11/10/2015
I
1
I
I
1-
0
....J
---
20' 20
APN 124-170-15,16
40 • 8
I~
N
.lb
I
I
I
I
P.O.B SW COR
LOT 12