Ordinance Number 1088' ORDINANCE NO. 1088
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA APPROVING AND ADOPTING THE SECOND AMENDMENT
TO THE DEVELOPMENT AGREEMENT FOR THE DISTRITO LA NOVIA —
SAN JUAN MEADOWS 154 -ACRE MIXED USE RESIDENTIAL AND
COMMERCIAL PROJECT, BETWEEN THE CITY OF SAN JUAN
CAPISTRANO, ON THE ONE HAND, AND ADVANCED GROUP 99 -SJ
AND ADVANCED GROUP 03-79-2, ON THE OTHER, FOR A PROJECT
LOCATED GENERALLY EAST OF INTERSTATE 5 AND VALLE ROAD,
SOUTHWARD FROM SAN JUAN CREEK ROAD TO LA NOVIA AVENUE,
AND FROM VISTA MARINA NORTHWARD TO LA NOVIA AVENUE WEST
OF THE SAN JUAN HILLS GOLF CLUB (ASSESSOR PARCEL NUMBERS
666-292-01, AND 02, 666-311-02, THROUGH 04 AND 666-312-01) (THE
"PROJECT")
WHEREAS, Advanced Group 99 -SJ and Advanced Group 03-79-2 (together, the
"Developer") and the City of San Juan Capistrano (the "City") are parties to that certain
Development Agreement, dated as of November 16, 2010, and recorded on December
29, 2010, as Document No. 2010000704146 in the Official Records of Orange County
(the "Development Agreement"); and
WHEREAS, the parties entered into that certain First Amendment to Development
Agreement as of July 6, 2017, and recorded on August 4, 2017, as Document No.
2017000323104 in the Official Records of Orange County (the "First Amendment"); and
WHEREAS, on March 25, 2021, Developer submitted a request to extend the
Development Agreement for an additional three years; and
WHEREAS, on April 27, 2021, the Planning Commission conducted a duly noticed
public hearing pursuant to the provisions of Section 9-2.335 of Title 9, Land Use Code,
Administrative Policy 409, and Planning Department Policy 510 to consider public
testimony on the proposed project and adopted a resolution recommending that the City
Council (a) grant a three-year extension to the term of the Development Agreement, and
(b) require the developer to pay the City an in -lieu fee if the approved project's equestrian
facility is not constructed, with the in -lieu fee utilized for equestrian uses; and
WHEREAS, the City Council conducted a duly -noticed public hearing on June 1,
2021, 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
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Adelanto, San Juan Capistrano, California and the custodian of record of proceedings is
the City Clerk. I
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. CEQA.
The City Council of the City of San Juan Capistrano hereby finds that the Development
Agreement is covered under the previously adopted EIR and that except for a term
extension, no changes have been made to the project. This extension implements the
Equestrian Facilities obligation of the Owner as set forth in Section 7.1 and Exhibit "C" to
the Development Agreement. The in -lieu fee obligation of this extension is merely
establishing a funding mechanism for the provision of future public benefits and, as such,
this extension is not "an essential step culminating in action that may affect the
environment", and therefore environmental review required under CEQA will be '
performed when one or more projects funded by the in -lieu are chosen and defined.
(Kaufman & Broad -South Bay, Inc. v. Morgan Hill Unified School District, (1993) 9
Cal.AppAth 464). Likewise, the second in -lieu obligation (community gathering open
space area in the location of the equestrian facility) will undergo environmental review if
and when that eventuality takes place.
SECTION 3. Findings.
The City Council of the City of San Juan Capistrano makes the following additional
findings:
1. The proposed extension to the Development Agreement remains consistent with
the General Plan, including its Circulation Element because the project includes
provisions for addressing project -related capital facility impacts to the city's
infrastructure.
2. The proposed amendment and subsequent extension would not materially
change or expand the scope of the development allowable under the original
project approvals and the current Development Agreement for the Distrito La
Novia - San Juan Meadows mixed-use development project. ,
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3. Extending the Development Agreement is in the public interest because it will
provide for the development of equestrian facilities on the Project site, or the
provision of $2,000,000 in public benefit funding as well as a community
gathering open space area on the Project site should construction of the Project's
equestrian facilities not occur.
4. The proposed Development Agreement amendment is authorized and consistent
with the provisions of Government Code Sections 65864 through 65869.5 and
related City ordinances and policies.
SECTION 4. Second Amendment.
Pursuant to Government Code Section 65868, the City Council does hereby approve and
adopt the "Second Amendment to the Development Agreement for the "Distrito La Novia
- San Juan Meadows project" by and between the City of San Juan Capistrano and
Advanced Group 99 -SJ, and Advanced Group 03-79-2, 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 5. 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 6. Effective Date
This Ordinance shall take effect and be in force thirty (30) days after its passage.
SECTION 7. 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,
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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 I Office of the City Clerk.
PASSED, APPROVED AND ADOPTED this 151h day of June 2021.
JOHN TAYLOR, MAYOR
AT.
jl
MARIA MVRRIS, CIT "CL
STATE OF CALIFORNIA )
COUNTY OF ORANGE )SS.
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, City Clerk of the City of San Juan Capistrano, do hereby certify that the
foregoing is a true and correct copy of Ordinance No. 1088 which was regularly introduced and
placed upon its first reading at the Regular Meeting of the City Council on the 1st day of June 2021
and that thereafter, said Ordinance was duly adopted and passed at the Regular Meeting of the
City Council on the 15th day of June 2021 by the following vote, to wit:
AYE COUNCIL MEMBERS: Farias, Bourne, Hart, Reeve and Mayor Taylor
NO COUNCIL MEMBERS: None
ABS Nll COUNCIL MEMBERS: None
CITY
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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
2n1 day of June 2021, 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, CALIFORNIA
APPROVING AND ADOPTING THE SECOND AMENDMENT TO THE
DEVELOPMENT AGREEMENT FOR THE DISTRITO LA NOVIA — SAN JUAN
MEADOWS 154 -ACRE MIXED USE RESIDENTIAL AND COMMERCIAL
PROJECT, BETWEEN THE CITY OF SAN JUAN CAPISTRANO, ON THE ONE
HAND, AND ADVANCED GROUP 99 -SJ AND ADVANCED GROUP 03-79-2, ON
THE OTHER, FOR A PROJECT LOCATED GENERALLY EAST OF
INTERSTATE 5 AND VALLE ROAD, SOUTHWARD FROM SAN JUAN CREEK
ROAD TO LA NOVIA AVENUE, AND FROM VISTA MARINA NORTHWARD TO
LA NOVIA AVENUE WEST OF THE SAN JUAN HILLS GOLF CLUB
(ASSESSOR PARCEL NUMBERS 666-�92- 1 AND 02, 666-311-02,
THROUGH 04 AND 666-312-01) (THE "PRO�E q")�
This document was posted in the Office of the City
MARIA`VCRRIS,\CITY CLERK,
San Juan Capistrano, California
5
01088
STATE OF CALIFORNIA ) I 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 161" day of June 2021, I caused to be posted a certified copy of Ordinance No. 1088,
adopted by the City Council on June 15, 2021, entitled:
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
APPROVING AND ADOPTING THE SECOND AMENDMENT TO THE
DEVELOPMENT AGREEMENT FOR THE DISTRITO LA NOVIA — SAN JUAN
MEADOWS 154 -ACRE MIXED USE RESIDENTIAL AND COMMERCIAL
PROJECT, BETWEEN THE CITY OF SAN JUAN CAPISTRANO, ON THE ONE
HAND, AND ADVANCED GROUP 99 -SJ AND ADVANCED GROUP 03-79-2, ON
THE OTHER, FOR A PROJECT LOCATED GENERALLY EAST OF
INTERSTATE 5 AND VALLE ROAD, SOUTHWARD FROM SAN JUAN CREEK
ROAD TO LA NOVIA AVENUE, AND FROM VISTA MARINA NORTHWARD TO
LA NOVIA AVENUE WEST OF THE SAN JUAN HILLS GOLF CLUB
(ASSESSOR PARCEL NUMBERS66-29 -01, AND 02, 666-311-02,
THROUGH 04 AND 666-312-01) (THE "P I C'1,JE�T") '
This document was posted in the Office of the City tIe k
I�
San Juan Capistrano, California
6 01088