16-0606_SOUTH COAST INVESTORS II, LLC_D12_Agenda Report6t6t2016
D12
City of San Juan Capistrano
Agenda Report
TO: Honorable Mayor and Members of the City Council
FROM: ñ"Siegel, City Manager
SUBMITTED BY: Maria Morris, City Clerk Tü\d\
DATE: June 6,2016
SUBJECT Adoptíon of an Ordinance Approving the First Amendment to
Extend the Term of Development Agreement (DA) 16-002, lnn at
the Mission San Juan Capistrano, Between the City of San Juan
Capistrano and South Coast lnvestors ll, LLC for a 3.18-Acre Site
Located at 26891 Ortega Highway (Assessor's Parcel Numbers
124-170-12, 14, 15 & 16)
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
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 S|TE LOCATED AT 26891 ORTEGA H¡GHWAY (ASSESSOR PARCEL
NUMBERS 124-170-12, 14, 15, &16) (APPLICANT: DAN FRIESS, MISSION
coMMERCtAL PROPERTTES, ¡NC.) (THE "PLAZA BANDERAS HOTEL pROJECT',).',
EXECUTIVE SUMMARY:
On May 17, 2016, the City Council approved the first reading and introduction of an
Ordinance (Attachment 1) approving the First Amendment to extend the term of
Development Agreement 16-002,lnn at the Mission San Juan Capistrano, between the
City of San Juan Capistrano and South Coast lnvestors ¡1, LLC for a 3.18-acre site
located at 26891 Ortega Highway. The Ordinance will go into effect 30 days after its
passage.
DISCUSSION/ANALYSIS:
Not applicable
City Council Agenda Report
June 6,2016
Paoe 2 of 2
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 First Amendment to extend the term
of Development Agreement.
COM M I SS I ON/COM M ITTEE/BOARD REVIEW AND RECOMMENDATIONS:
At its April 26, 2016, meeting, the Planning Commission adopted a Resolution
recommending the City Council approve the First Amendment to the
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
o
a
ORDINANCE 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 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-ACREstrE LoCATED AT 26891 ORTEGA HIGHWAY (ASSESSOR
PARCEL NUMBERS 124-170-12, 14, 15, &16) (APPLICANT:
DAN FRIESS, MISSION COMMERCIAL PROPERTIES, INC.)
(THE "PLA7A BANDERAS HOTEL PROJECT")
WHEREAS, South Coast lnvestors ll, LLC ("South Coast") has requested
approval of an amendment to the Development Agreement between the City and South
Coast for the lnn 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 (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 lnn 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 lmpact Report
("ElR") certified by the City Council on October 5,2010; 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,
o 1033
ATTACHMENT 1
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 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 Findinqs.
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 "lnn 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 o 1032
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 lnn 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
lnvestors ll, 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
3 o 1032
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, MAYOR
ATTEST:
MARIA MORRIS, CITY CLERK
4 o 1032
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
Amendment to Development Agreement for the lnn at the Mission San Juan
Capistrano Project, formerly known as the Plaza Banderas Hotel and Mixed
Use Project, Between the Gity of San Juan Capistrano
and South Goast Investors ll, 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, I¡, LLC
This First Amendment to the Development Agreement for the lnn 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 ll, 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 "4" 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
"lnn at the Mission San Juan Capistrano Project," and formerly known as the
"Plaza Banderas Hotel and Mixed Use Project "(the "Project").
B. ln 2011, City and Owner's predecessor-in-interest, Stroscher G3, LLC, entered
into a Development Agreement for the Project.
C. ln 2015, Stroscher G3, LLC, duly assigned its interest in and to the Property to
South Coast lnvestors ll, 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
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
ordinance approving this Amendment.
2016, the effective date of the
lSignatures on following pagel
2
SIGNATURE PAGE TO 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
"City"ttOwngrt'
City of San Juan Capistrano,
a municipal corporation
South Coast lnvestors ll, LLC
B By
Mayor Name
Title
Attest:
Maria Morris, City Clerk
Approve as to Form
City Attorney
J
A notary public or other officer completing this certificate verifies only the identity of the
individual who sigrred 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 ffiê, , 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
EXHIBIT'AO
LOT LINE ADJUSTMENT
LL20l5 - LLA l5-OC)4
CTJRRENTRECORD OTVNER EXISIINCPARCELS
A.P. NUMBERS
PROPOSED PARCELS
REFERENCE NUMBERS
POR. LOT 12 0F TRACT NO. 103 A.P. t24-170-t2 PARCELl
POR. LOT 12 0FTRACT NO. 103 A.P. 124-170-12 PARCEL 1
INVESTORSII,WC
SOUTH COAST INVESTORS II, LLC
SOUTTT COAST INVESTORS II. LLC
SOUTII
POR. LOT 12 0F TRACT NO. r03 A'p. t24-r70-t2 PARCEL 1
Parcel l:Page 1 of2
ln the City of San Juan Capistrano, County of Orange, State of California, being a portion of Lot 12 of T¡act
No.103 filed in Book I 1, 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:
I ) North 73"02'22" East 1 19.14 feet to the beginning of a non-tangent curve concave northerly having a
radius oÍ 729.69 feet, a radial bearing to said point bears South 08o55'33" East,
2) easterly along said curve 144,00 feet h a central ol 11"18'25",
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 174.45 feet to the northerly line of said Lot 12; thence along said northerly line; North
84'27'A2" West 435.39 feet to a point that is dístant South 84'27'02" East 120.00 fðètriñffiûliéffibfrnwest
corner of said Lot; thence perpendicular South 05"32'58" West 60.00 feet; .. . ..,
o
EXHIBIT'A'
LOT LINE ADJUSTMENT
Lt 20t5 - LLA t5-OOç
CURnEf!ff nECûrui ÊXTSTING FANCEI,S
Àp. NUMtËns
PNOFCISED PåNCELS
ngrEnaNc-E t{uMBEn¡
OUTTI COAST INIÆSTORS TI. LLC FOR. t OT uÕFTRACTHO. r03 Àp. rz4.r?&l?PARCSL ¡
ouTI{ çûA5Ttt{VrSï3RS It. LLC POR.lÊT t2 OFTR"ACTNO. 103 A-P. l2¡t l7{1"t2 PARCËL I
OUTH COAST INVESTORS II. LIf POß, LOT tl OFTRACTñ¡O. t03 å-P. l2¡l-l?0.12 FARCSL T
Paç2of3
trcnce pêrp€rdicular tlorth 84o27'02'Waet 105.2? feat to ths ¡rpgt llna of seid Lot; thance ålong asid wsat
trro $outh ô"17'ã6'Êaat ?40.41 fest to tha Point of Brglnnlng"
The bearing* and distanæs hercin ere p.r Rccsrd of Survcy 20t9-10'78 filcd in Book 246, Pagcs 32 through 43,
inclucive of Records of Survey* in thc Offiæ on thc County Suweyor of said County, the dist¡nccs urcrc
ænvcrtcd frcm gríd to ground for the purpoúc of this dcrsipion.
Cørteining ân rreå of 3.098 icrÊ$, morç or less
Note: låsrr m*y bt €ssëmtntÍ af rccod delinøaud and rclerenced on tha uadcrþíng maps o¡ tlætt may k other r¿co¡ded
eû:Í¿nÊnt within t*e arcø being újusted tlwt nrc nt¡t thøwn on this daeum¿nt that could encumher said parcels he'tlin,
As ghovn on Exhíbit "8" ¡ttached hereto rnd þ ¡his rcfcrcnæ made ¿ part thcrcof,
Thir dc*eription was prepared by me or under my direction.
Robcrt L li/hceler lV, |'-5.8ú39
My Ucen*tySv¿$tJ
Date;
Nwember lt. ?{¡15
lVO.4096.tT
H¿A LL.A * 1384
By C. Tripi
Checked By. R. lVhcclcr
No.86il9
Exhibit "B"
Lot Line Adjustment
LLA 2015- l-Ltl5-æ+
(Map)
Gurrent Record Owner(S)Existing Parcel
A P Number
Proposed Parcels
Reference Number
SOUTH COAST ]NVESTORS II, LLC 124-174-12
124-17A-14SOUTH COASÏ INVESTORS II, LLC
SOUTH COAST ]NVESÏORS 1I, LLC 124-170-15,16
Parcel I
STATE ROUTE 5 FREEWAY SHEET 1 OF 1
SGALE:1'=10O
11/10/2t1
LEGEND
REVISED LOT LINE
LOT LINE TO BE REVISED
LOT LINE TO REMAIN
NOTE
VACANT NO
STRUCTURES ON SITE
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THIS MAP HAS BEEN PREPARED BY ME OR
UNDER MY TION
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H&A LLA NO. 1384
DWG BY: R. JESUS
CHECKED BT R. WIìTELER
l:\Mission lnn SJC\LLA\1384\EXH.B-SHT01.dwg
SW COR
LINE ÏABLE
LINE BEARING LENGTH
L1 N81"19'47"W 873A'
L2 N84'43'58"W 4.3?'
LJ N73002'22"8 119.14'
CURVE TABLE
CURVE DELTA RADIUS LENG'IH
c1 4009'12"960.00'6S.3r
No.8639
I
REAL LOT 12