Ordinance Number 1048ORDINANCE NO. 1048
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO
APPROVING AND ADOPTING A SECOND AMENDMENT TO THE
DEVELOPMENT AGREEMENT FOR 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,
2017 TO AUGUST 3, 2018, FOR A 3.18-ACRE SITE LOCATED AT
26891 ORTEGA HIGHWAY (ASSESSOR PARCEL NUMBERS 124-170-
12, 14, 15, &16) (APPLICANT: JAKE GRIFFITH, SOUTH COAST
INVESTORS II, LLC) (THE "PLAZA BANDERAS HOTEL PROJECT")
WHEREAS, South Coast Investors II, LLC ("South Coast") has requested
approval of a second amendment to the Development Agreement between the City and
South Coast for "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, on May 17, 2016, the City Council approved first reading and
introduction of an Ordinance amending the Development Agreement for the Plaza
Banderas Hotel and Mixed Use Project, extending the term of the Development
Agreement from August 3, 2016, to August 3, 2017; and,
WHEREAS, on June 6, 2016, the City Council approved second reading of an
ordinance to amend the Development Agreement for the Plaza Banderas Hotel and
Mixed Use Project, extending the term of the Development Agreement from August 3,
2016, to August 3, 2017; and,
WHEREAS, if approved, the proposed second amendment to the Development
Agreement ("Second DA Amendment") would extend the term of the Development
Agreement by one (1) year to August 3, 2018, and all other aspects of the Development
Agreement would remain the same; and,
WHEREAS, the potential environmental impacts of the proposed Second 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 Second DA
Amendment because:
a) The environmental impacts of 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,
0 1048
b) The proposed Second 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 Second 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
EIR, or an EIR Addendum, would occur as a result of the proposed Second DA
Amendment; and,
WHEREAS, on April 25, 2017, 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 approve the Second DA Amendment; and,
WHEREAS, the City Council conducted a duly-noticed public hearing on May 16,
2017, pursuant to Government Code Section 65867 and Title 9, Land Use Code ,
Section 9-2.302 to consider the proposed Second 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. Recita ls .
The above recitations are true and correct and are adopted as the findings of the
City Council.
SECTION 2. CEQA.
The City Council does hereby find that the second amendment to the
Development Agreement is consistent with the previously certified Environmental
Impact Report (EIR) that was prepared and approved for the Plaza Banderas Hotel and
Mixed Use Project and was certified by the City Council (Resolution 10-1 0-05-05) on
October 5, 2010 (SCH #201 0051 075). The Development Agreement and subsequent
amendments thereto are consistent with the certified EIR because the only proposed
amendment is to extend the term of the Development Agreement with no other project
changes. Therefore, the EIR serves as the environmental documentation for this
Development Agreement Second Amendment under provisions of California
Environmental Quality Act Section 21157.1.
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SECTION 3. Findings .
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 "Plaza Banderas Hotel and Mixed Use
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 & Utilities Element because the project includes provisions for
addressing project-related capital facility impacts to the City's
infrastructure. It is also consistent with the Land Use Element because the
project will encourage commercial development which serves community
needs and is located in the existing central business district; and because
this Element encourages commercial, tourist-oriented, and industrial
development that is compatible with existing land uses within the City to
improve the generation of sales tax, property tax, and hotel occupancy
tax; 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 rough grading on the property and installation of a
sound wall. Not extending the agreement would jeopardize completion of
the project to the detriment of the City; and,
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 4. Amendment.
Pursuant to Government Code Section 65868, the City Council does hereby
approve and adopt the "Second Amendment to the Development Agreement for 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.
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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. Custodian of Records.
The documents and materials associated with this Resolution that constitute the
record of proceedings on which these findings are based are located at San Juan
Capistrano City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California 92675.
The City Clerk is the custodian of the record of proceedings.
SECTION 8. 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
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 THIS 6th day of Jun e 2017.
,_
ATIESTt
MARIA
4
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. 1048 which was
regularly introduced and placed upon its first reading at the Regular and Telephonic
Meeting of the City Council on the 16th day of May 2017, and that thereafter, said
Ordinance was duly adopted and passed at the Regular Meeting of the City Council on
the 6th d of June 2017, by the following vote, to wit:
NCIL MEMBERS: Patterson, Maryott and Mayor Ferguson
NCIL MEMBERS: Reeve and Mayor Pro Tern Farias
NCIL MEMB S: None
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 181h day of May 2017, 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 A SECOND AMENDMENT TO THE
DEVELOPMENT AGREEMENT FOR 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,
2017 TO AUGUST 3, 2018, FOR A 3.18-ACRE SITE LOCATED AT
26891 ORTEGA HIGHWAY (ASSESSOR ARCEL NUMBERS 124-170-
12, 14, 15, &16) (APPLICANT: JAKE GRI FITH, SOUTH COAST
INVESTORS II, LLC) (THE "PLAZA BAND HOTEL PROJECT")
This document was posted in the Office of the Ci
MAR
5
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 th day of June 2017, I caused to be posted a certified copy of Ordinance No.
1048, adopted by the City Council on February 7, 2017, entitled:
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO
APPROVING AND ADOPTING A SECOND AMENDMENT TO THE
DEVELOPMENT AGREEMENT FOR 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,
2017 TO AUGUST 3, 2018, FOR A 3.18-ACRE SITE LOCATED AT
26891 ORTEGA HIGHWAY (ASSESS R PARCEL NUMBERS 124-170-
12, 14, 15, &16) (APPLICANT: JA E IFFITH, SOUTH COAST
INVESTORS II, LLC) (THE "PLAZA BAN A HOTEL P,ROJECT")
This document was posted in the Office of th
6
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
Second Amendment to Development Agreement for the
Plaza Banderas Hotel and Mixed Use Project, Between the
City of San Juan Capistrano and
South Coast Investors II, LLC
EXHIBIT A
SECOND AMENDMENT TO DEVELOPMENT AGREEMENT FOR THE
PLAZA BANDERAS HOTEL AND MIXED USE PROJECT, BETWEEN
THE CITY OF SAN JUAN CAPISTRANO
AND SOUTH COAST INVESTORS, II, LLC
This Second Amendment to the Development Agreement for the Plaza
Banderas Hotel and Mixed Use Project (the "Second 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" and Exhibit "B" 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 "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 ("Development Agreement").
C. In 2015, Stroscher G3, LLC, duly assigned its interest in and to the Property to
South Coast Investors II, LLC.
D. In 2016, the City Council approved the first amendment to the Development
Agreement, extending the term of the Development Agreement from August
3, 2016 to August 3, 2017.
E. The Parties have now agreed to a second extension of the Term of the
Development Agreement to August 3, 2018, pursuant to Section 2.3
thereof.
F. This second extension was approved by the City Council by ordinance on
------' 2017.
AGREEMENT
The Parties agree as follows :
Section 1. Pursuant to Section 2 .3 of the Development Agreement, the
term of the Development Agreement is extended for one year, to and including
August 3, 2018.
Sect ion 2. Except as so modified, all provisions of the Development
Agreement shall remain in full force and effect.
This Second Amendment has been signed as of ____ , 2017, the effective date of the
ordinance approving this Second Amendment.
[Signatures on following page]
SIGNATURE PAGE TO SECOND AMENDMENT TO DEVELOPMENT
AGREEMENT FOR THE PLAZA BANDERAS 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 ____________________ _
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)
EXHIBIT A & B
Legal Description of the Property
CURRENT RECORD OWNER
EXHIBIT'A'
LOT LINE ADJUSTMENT
LL 2015-l.LA. lt; ... 004-
fLEGAL DESCRIPTION)
EXISTING PARCELS
A.P. NUMBERS
SOUTIICOASTINVESTORSII ILC POR.LOT120FTRACTN0.103 AP.124-170-12
SOUTIICOASTINVESTORSII LLC POR.LOT120FTRACTN0.103 AP.124-170-12
SOUTII COAST INVESTORS II LLC POR. LOT 12 OF TRACT NO. 103 AP. 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 iine 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,
_ 2) easterly along said curve 144.00 feet through a central angle of 11°18'25~', ____ -·--·----
.. ·~
3) and North 69°46'02" East 282.05 fe.et 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°27'02" West 435.39 feet to a point that· is distant South 84°27'02" East 120.00 ftitt~nifh.e~Q hwest
corner of said Lot; thence perpendicular South 05°32'58" West 60.00 feet;
\ '\ . '
E HIBIT 'A'
LOT LINE A JUST ENT
LL 1015-L-LA Jt;·oo+·
RECORD OWNER
Page 2 of 2
thence perpendicular North 84.27'02. West 105.22 feet to the west line of said Lot: th nee along said west
line South s•17'56~ East 240.41 feet to the Point of B ginning.
e bea · ngs and distances herein are per Record of Survey 2 -1 8 filed in Book 246, Pages 32 throush 43,
inclusive of Rc.cords of Surveys in lhe ·~on the ounry Surveyor of said County, the distanca were
n rted from 'd to ground for the pu of this d ipti n.
Containing an area of 3. acres. more or ICS5
Note: 1• re may~~ e m«~nu of ~rorrl dcdint'ot tl and rrfr~n(·t'd on tlw und .,, map or lh re mtl be th r
tt m~m Midrin llr orro bein ~ adj1 ttt d th 1 a~ " t shown on this d m m lit at rould tn umber SQW pare LJ #tnt-in.
As sh " on Exhibit "B" attached hereto and b this reference made a part thereof.
"This de.a-iption was prepared by me or under my direction .
Robert L Wheeler IV, LS. 8639
My Ucensc ir : 12/3112015
te: _ II 7,/!-"-----·--
v ·mber 18, 201.5
WO . -lT
H&tA ll.A If 1384
ByC. Tripi
Checked By. R. Wheeler
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 SITE
LINE TABLE
LINE BEARING
L1 N81"19' 47"W
L2 N84"43'58"W
L3 N73"02'22"E
CURVE TABLE
LENG1H
67.38'
4.32'
119 .14'
CURVE I DELTA I RADIUS I LENGTI-1
C1 I 4"08'12" I 96o.oo·T
H&A LLA NO. 1384
DWG BY: R. JESUS
CHECKED BY: R. WHEELER
69 .31 '
!:\Mission Inn SJC\LLA\ 1384\EXH.B-SHT01.dwg
Exhibit "B"
Lot Line Adjustment
LLA 2015· .L.. L..A. \IS -C04-
(MapJ
Existing Parcel
AP 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
I
\
20 ' 20
· P·.O:B' SW COR
LOT 12