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16-0517_PACIFIC POINT DEVELOPMENT PARTNERS, LLC_Agenda Report_D2_Correspondence - Kaspero, Bart5/17/2016 D2 DEFENSE LAWYER CORP. A California Professional Law Corporation 260 NEWPORT CENTER DR, SUITE 406 NEWPORT BEACH, CA 92660 May 16, 2016 Mayor & City Council; City Clerk; and Mr. Matthew Evans; CITY OF SAN JUAN CAPISTRANO 32400 Paseo Adelanto San Juan Capistrano, CA 92675 TEL: (949) 999-0898 FAX: (949) 309-2894 Electronic Correspondence Re: (DA) 16-001 Proposed Development Agreement Amendment Consideration of a Request for Approval of an Extension of the Amended And Restated Development Agreement for the Pacifica San Juan Proiect Dear Honorable Mayor, Members of the City Council, and City Staff. I am writing this correspondence to bring some light to the recent developments of the proposed project with the hope that the applicant and City take prudent steps in securing the safety of the current and future residents of the area in question. I am gravely concerned that something I notice lacking in the project materials (i.e., Agenda Reports) are any references to the mitigation requirements placed on the development site as far back as 1999. Of primary concern is the omission of the requirements to buttress/secure the hill prior to any development take place. The prior developer failed to comply with this requirement, and a disastrous landslide occurred shortly after development began—eventually leading into extensive litigation at great cost to everyone. In at least two separate Environmental Impact Reports (EIR), geological studies concluded that the hill adjacent to the proposed development is vulnerable to landslides and that significant mitigation measures would be needed to limit or prevent future catastrophe. If the threat of another landslide is a concern to the Council, what steps will be taken to ensure the public safety of the residents? If you wish to discuss any issues pertaining to this case, please feel free to contact me directly at: (949) 999-0898. Thank you in advance for your time and attention to this matter. Very truly yours, ea&-Ae Bart Kaspero, Esq. 4�Y�� Counsel of Record for Mr. and Mrs. Kasperowicz Concerning the Property Surrounding Areas of 26902 Via La Mirada DEFENSE LAWYER CORP. 260 NEWPORT CENTER DRIVE, SUITE 406 NEWPORT BEACH, CA 92660 (949) 999-0898 (TEL) (949) 309-2894 (FAx) bkasp@defenselawyercorp.com