Loading...
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, 0 1033 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