Loading...
16-0606_PACIFIC POINT DEVELOPMENT PARTNERS, LLC_Agenda Report_D136t6t2016 D13 TO FROM: SUBMITTED BY DATE: SUBJECT: City of San Juan Capistrano Agenda Report Honorable Mayor and Members of the City Council ø""Siegel, City Manager Maria Morris, City Clerk yttht June 6, 2016 Adoption of an Ordnance Approving a Time Extension Request to Amend the Amended and Restated Development Agreement for the Pacifica San Juan Project Between the City of San Juan Capistrano and Pacific Point Development Partners, LLC, for a 257-Acre Project Site Generally Located Between the lntersection of Camino Las Ramblas at Avenida California and Vista Marina at Valle Road East of lnterstate 5, South and East of McCracken Hill, South of the San Juan Meadows Project, and West of the Lomas San Juan Neighborhood (Assessor's Parcel Numbers: 675-081-17 through -21, 23; 675-085-01 through -48; 675-351-17: 675-411-1 through 75; 675-421-01 through -19; 675-431-01 through -39; 675-441-01 through 03; 675-442-01 through -07; 675-443-01 through -03; 675-444-01 through 25; 675-451-01 through -31; 675-461-01 through 52; and 675-471 01 through 41) (Pacific Point Development Partners, LLC) RECOMMENDATION: By motion, approve the second reading and adoption of an 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 FROM JANUARY 1 6, 2017, TO JANUARY 16, 2022, FOR AN APPROVED 292-ACRE TRACT TO BE DEVELOPED WITH 416 DWELLING UNITS SUBJECT TO COMPREHENSIVE DEVELOPMENT PLAN (CDP) 81-01, FORSTER CANYON (APPLICANT: PACIFIC POINT DEVELOPMENT PARTNERS, LLC) (THE "pACtF|CA SAN JUAN PROJECT")." EXECUTIVE SUMMARY: On May 17, 2016, the City Council approved the first reading and introduction of an Ordinance (Attachment 1) approving a Second Amendment to the Amended and Restated Development Agreement between the City of San Juan Capistrano and Pacific Point Development Partners, LLC for the Pacifica San Juan Project. The Ordinance will go into effect 30 days after its passage. City Council Agenda Report June 6,2016 Paqe 2 of 2 DISCUSSION/ANALYSIS Not applicable. FISCAL IMPACT: Not applicable. ENVIRONMENTAL IMPACT: Not applicable. PRIOR CITY COUNCIL REVIEW At its May 17, 2016, meeting, the City Council approved the first reading and introduction of the Ordinance approving the Second Amendment to extend the term of the Amended and Restated Development Agreement. COMM ISS ION/COMM ITTEE/BOARD REVI EW AN D RECOMMEN DATIONS : At its April 26, 2016, meeting, the Planning Commission adopted a Resolution recommending the City Council approve the Second Amendment to the Amended and Restated Development Agreement. NOTIFICATION The City Clerk's office will provide all necessary publications and posting of the Ordinance as required by law. ATTACHMENT(S): Attachment 1 - Ordinance a o ORDINANCE NO. 1034 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO APPROVING AND ADOPTING AN AMENDMENT TO THE AMENDED AND RESTATED DEVELOPMENT AGREEMENT FROM JANUARY 16,2017,TO JANUARY 16,2022, FOR AN APPROVED 292- ACRE TRACT TO BE DEVELOPED WITH 416 DWELLING UNITS SUBJECT TO COMPREHENSIVE DEVELOPMENT PLAN (CDP) 81-01, FORSTER CANYON (APPLICANT: PACIFIC POINT DEVELOPMENT PARTNERS, LLC) (THË "PACIFICA SAN JUAN PROJECT") WHEREAS, Pacific Point Development Parlners, LLC has requested approval of an amendment to the Development Agreement between the City and Pacific Point Development Partners, LLC's for an undeveloped portion of a 257-acre development project which is commonly known as the "Pacifica San Juan" Project, which Agreement was originally executed in 1992, amended in2002, amended and restated in 2004, and amended again in 2014 (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 sixty (60) months to end on January 16, 2022, and all other aspects of the Development Agreement (as amended and restated in 2004 and 2014) 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 (CEOA) 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 lmpact Report ("ElR') 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 ElR, or an EIR Addendum, would occur as a result of the proposed DA Amendment; and, WHEREAS, the Planning Commission held a duly-noticed public hearing on April 26,2016, opened and closed a public hearing and voted unanimously to adopt o 1034 ATTACHMENT 1 Resolution 16-4-26-02, recommending that the City Council adopt this ordinance and grant the 60-month extension from January 16,2017, to January 16, 2022; 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 Findings, The City Council of the City of San Juan Capistrano makes the following additional findings: 1, The proposed 60 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 2014) 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. 2 o 1034 SECTION 3.Amendme nt 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 Pacific Point Development Partners, 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 lf 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 Citv 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 ADOPTED on this 6th day of June 2016. PAM PATTERSON, ESQ., MAYOR ATTEST MARIA MORRIS, CITY CLERK J o 1034 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 SS27383, 6103 City of San Juan Capistrano This Space for Recorder's Use Only Second Amendment to Amended and Restated Development Agreement for the Pacifica San Juan Project Between the Gity of San Juan Gapistrano and Pacific Point Development Partners, LLG EXHIBIT A SECOND AMENDMENT TO AMENDED AND RESTATED DEVELOPMENT AGREEMENT FOR THE PACIFICA SAN JUAN PROJECT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND PACIFIC POINT DEVELOPMENT PARTNERS, LLC This Second Amendment to the Amended and Restated Development Agreement for the Pacifica San Juan Project (the "Amendment") is entered into between the City of San Juan Capistrano, a municipal corporation ("City"), and Pacific Point Development Partners, LLC, a California 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 "8" 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"). B. ln 1992, City and Owner's predecessors entered into a Development Agreement which was subsequently amended tn 2002 and amended and restated in 2004 and Amended on May 16,2014 (collectively, the "Development Agreement"). C. The Parties have now agreed to an extension of the Term of the Development Agreement. D. This extension was approved by the City Council by ordinance on 2016. AGREEMENT The Parties agree as follows 1. Section 4.1 of the Development Agreement shall be amended in its entirety to read: "Term of Aqreement. 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 16,2022." Except as so modified, all provisions of the Development Agreement shall remain in full force and effect. This Amendment has been signed as of approving this Amendment. , 2016, the effective date of the ordinance [Signatures on following pagel 2 S¡GNATURE PAGE TO SECOND AMENDMENT TO AMENDED AND RESTATED DEVELOPMENT AGREEMENT FOR THE PACIFICA SAN JUAN PROJECT BETWEEN THE CITY OF SAN JUAN CAP¡STRANO AND PACIFIC POINT DEVELOPMENT PARTNERS, LLC "City"ttOwner" City of San Juan Capistrano, a municipal corporation Pacific Point Development Partners, LLC Name Title B Mayor Attest: Maria Morris, City Clerk Approve as to Form City Attorney 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 2O_, 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 capac¡ty, 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 Property Real property 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-O8t-L9, 675-OB5-45 AND 675-085-46) LOTS 1, 7 THROUGH 44, INCLUSIVE, AND Lk 1 f FRED 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 PURSUANTTO THAT CERTAIN CERTIFICATE OF CORRECTION RECORDED DECEMBER 22,2OOB AS INSTRUMENT NO. 2OOBOOO5B47OB OF OFFICIAL RECORDS. ALSO EXCEPTTHEREFROM, AN UNDIVIDED ONE-HALF INTEREST IN ALLTHE 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. 14196, PARCEL 2: (APN'S: 675-444-01 THROUGH 675-444 23,675-444-24, 675-444-25, 675-442- 05 THROUGH 675-442-07) LOTS 1 THROUGH 23, INCLUSIVE, AND LEI ILRED LOTS A, B, AND D THROUGH F, INCLUSIVE, OF TRACT NO, 15609, AS PER MAP RECORDED IN BOOK 885, PAGES 37 THRU 44 INCLUSIVE, OF MISCELI.ANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM ALL WATER RIGHTS AS DEDICATED TO THE CITY OF SAN JUAN CAPISTRANO ON THE MAP OFTRACT NO. 15609. PARCEL 3 : (APN'S : 675-OBL-L7, 675-08 1-2O, 675-0BL-22, 675-4It-7 4, 67 s-OBL-zL, 67 5- 081-23, 675-4Lt-72, 675-081-18) LOTS 1 AND 2, INCLUSIVE, AND LETTERED LOTS A THROUGH E, INCLUSIVE, OF TRACT NO. L5687, 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 EXCEPTTHEREFROM, AN UNDIVIDED ONE-HALF INTEREST IN ALLTHE 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 EXCEPTTHEREFROM ALL WATER RIGHTS AS DEDICATED TO THE CITY OF SAN JUAN CAPISTRANO ON THE MAP OF TRACT NO. 15687. 5 PARCEL 4: (APN'S; 675-443-02, 675-443-0I, 675-44t.0I, 675-443-03, 675-442-04, 675-441-05, 675- 442-01, 67 5-44t-03, 67 5-44t-02) LOTS 1 AND 2, INCLUSIVE, AND LEÏÏERED LOTS A, B, AND D THROUGH H, INCLUSruE, OF TRACT NO. t6747, AS PER MAP RECORDED IN BOOK BB5, PAGES 10 THRU 18 INCLUSIVE, OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 4A: (APNI 675-44I-04 AND 675-441-06) LOT 1 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. ACCEPTNG THEREFROM THAT PORTON OF LE 1 1 FRED LOT I OF TRACT T6747,INCLUDED WITHIN PARCEL 1 AS DESCRIBED IN DCHIBITA'' AND SHOWN ON EXHIBIT "B'' OF LOT LINE ADJUSTMENT NO. O7-16747-OL, SAID LOT LINE ADJUSTMENT RECORDED MAY 8, 2007, AS INSTRUMENT NO. 07-0298751, OF OFFICIAL RECORDS OF SAID COUNTY, ALSO EXCEPTTHEREFROM ALL WATER RIGHTS AS DEDICATED TO THE CITY OF SAN JUAN CAPISTRANO ON THE MAP OF TRACT NO. 16747. PARCEL 5: (APN'S; 675-4Lt-75 AND 675-411-71) LETTERED LOTS A AND B, INCLUSIVE, OF TRACT NO. 16748, AS PER MAP RECORDED IN BOOK 875, PAGES 6 THRU 10 INCLUSNE, 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 FAYWILSON 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 EXCEPTTHEREFROM ALL WATER RIGHTS AS DEDICATED TO THE CITY OF SAN JUAN CAPISTRANO ON THE MAP OF TRACT NO. 16748, PARCEL 6: (APN: 675.4LI-73) LETTERED LOTA, 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 EXCEPTTHEREFROM, AN UNDIVIDED ONE-HALF INTEREST IN ALLTHE OIL, GAS AND OTHER HYDROCARBON SUBSTANCES, IN, UPON AND UNDER SAID LAND, TOGETHERWITH 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 CTI'Y OF SAN JUAN CAPISTRANO ON THE MAP OFTRACT NO. 16749. 6 PARCEL 7: (APN'S: 675-42L-07 THROUGH 675-421-L3,675-43L-lB THROUGH 675-43L-33,675- 431-38, 675-42L-L9, 675-43r-39, 675-43L-34 THROUGH 675-431-37, 675-42L-L6, 675-42t-r8, 675-35r-L7 AND 675-361-17) LOTS 16 THROUGH 38, INCLUSIVE, AND LETTERED LOTS A THROUGH J, INCLUSruE, OF TRACT NO. 16750, AS PER MAP RECORDED IN BOOK BB3, PAGES 1 THRU 10 INCLUSryE, OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNÏY, ALSO EXCEPTTHEREFROM, AN UNDIVIDED ONE-HALF INTERESTIN ALLTHE OIL, GASAND 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 OFTRACT NO. 16750, PARCEL B: (APN'S: 675-451-01 THROUGH 675-45L-22,675-45L-25,675-45t-26,675-45L-ZB THROUGH 67s-4s1-31) LOTS 1 THROUGH 22, INCLUSIVE, AND LETTERED LOTS A, B, D, E, G AND H, OF TRACT NO, t675L, 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. EXCEPTTHEREFROM ALL WATER RIGHTS AS DEDICATED TO THE CITY OF SAN JUAN CAPISTRANO ON THE MAP OFTRACTNO, 16751, PARCEL 9: (APN'S: 675-471-0I THROUGH 675-47I-4L,675-461-01THROUGH 675-161-52) LOTS 1 THROUGH 82, INCLUSIVE, AND LETTERED LOTS A THROUGH I, INCLUSryE, OF TRACT NO. L6752, AS PER MAP RECORDED IN BOOK BB5, PAGES 24 THRU 36 INCLUSIVE, OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. ALSO EXCEPTTHEREFROM, AN UNDNIDED ONE-HALF INTEREST IN ALL THE OIL, GAS AND OTHER HYDROCARBON SUBSTANCES, IN, UPON AND UNDER SAID I.AND, 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 OFTRACT NO. 16752, 7 EXH¡BIT B Map of the Property t, 8