14-0603_NEELY, JERRY W. & NANCY C._E2_Agenda ReportCity of San Jua
Age~Sk\R
TO: Karen P. Brust, City ~
Capistrano
port
FROM: Charlie View, Developme t Services Direc~.)
DATE: June 3, 2014
6/3/2014
E2
SUBJECT: Consideration of a Request for Approval of an Extension of the
Development Agreement with the Neely Family Trust for a 19.93-Acre Site
Generally Located Along the East Side of McCracken Hill and Bordering
the West Edge of the "Valley Area" of the Pacifica San Juan Project
(Assessor Parcel Numbers: 675-331-19 through 21, and 675-341-09,
11 )(Applicant: Neely Family Trust)
RECOMMENDATION:
Open the public hearing, receive testimony, close the public hearing and by motion,
approve the first reading and introduction of an ordinance approving a 20-year
extension of the Development Agreement with the Neely Family Trust from November
17, 2019, to November 16, 2039.
EXECUTIVE SUMMARY:
On January 17, 2014, M. Andriette Culbertson, representing the Neely Family Trust,
submitted a request to extend the term of the "Development Agreement by and between
the City of San Juan Capistrano and Jerry W and Nancy C. Neely as Trustees of the
Neely Family Trust of March 3, 1989," dated November 16, 1999, for a twenty (20) year
period. The current Development Agreement would expire on November 16, 2019 and
so, the requested amendment would extend the term to November 16, 2039. The
requested extension consists of an initial ten (1 0) year term with two, five (5) year
extensions. The original Development Agreement was not related to any specific
development proposal, but was part of the resolution of potential civil claims arising from
a landslide related to the grading of the "Valley Area" of the adjacent Pacifica San Juan
project which damaged the Neely property. The requested Development Agreement
extension would reset development fees to current rates to be paid by any future
development of the property. The two, five-year extensions would also allow the
development fees to be reset at those times with all other terms remaining the same.
Staff recommends City Council approval of the requested "First Amendment to
Development Agreement" for an additional twenty years. On April 22, 2014, the
City Council Agenda Report
June 3, 2014
Pa e 2 of 4
Planning Commission recommended City Council approval of "The First Amendment to
Development Agreement" thereby granting a 20-year extension to the term of the
agreement from November 17, 2019 to November 16, 2039.
DISCUSSION/ANALYSIS:
General Location:
General Plan Land
Use Designation:
The project site is generally located along the westerly edge
of McCracken Hill and is bordered to the north and east by
the Pacifica San Juan Planned Community.
2.0-Very Low Density Residential (maximum 1.0 dwelling
unit per acre)
2.1-Low Density Residential (1.0-2.0 dwelling units per acre)
Zoning Map Designation: "RSE-20,000" (Residential Single-family Estate-20,000
square foot lot minimum)
Surrounding General Plan Designations, Zoning Designations, and Existing Land Uses:
General Plan Land Use Zoning Use
North Planned Community (PC) Planned Community (PC) Resident~ ·---:----
South Planned Community (PCL i Planned Commlj_r:Jj!y (PC) Residential
East Residential Planned Community (PC) I Planned CommunitY (PC)
2.0-Very Low Density Residential I "RSE-20,000" (Residential Residential l (maximum 1.0 dwelling units per 1 Single-family Estate-20,000
acre) i square foot lot minimum) West i
2.1-Low Density Residential (1.0-I "SP/PP" (Specific
2.0 dwelling units per acre) . I Plan/Precise Plan) .
During mass grading of the Pacifica San Juan project being undertaken by SunCal
Development during the late 1990s, a portion of the Neely property underwent
unanticipated mass soil movement which damaged the property and the avocado grove
on the property. City staff understands that the Neely Family Trust representatives
negotiated a settlement with SunCal who subsequently secured the necessary grading
permits and approvals from the City to repair and restore the property substantially to its
prior condition.
The Neely Family Trust also secured City Council approval of a Development
Agreement for a twenty (20) year term which "locked" development impact fees as they
existed at the time the agreement was approved by the City Council on November 16,
1999 (Attachment 2). The Development Agreement would expire on November 16,
2019, and the requested extension would extend the term to November 16, 2039.
I
I
City Council Agenda Report
June 3, 2014
Pa e 3 of4
FISCAL IMPACT:
The requested extension would result in a substantial increase in the development
impact fees to be paid to the City by future development of the property because fees
have increased and new impact fees have been established since the 1999 approval of
the original Development Agreement. Staff analyzed the fiscal impact to be a net
increase of approximately $1.9 million in development impact fees to the City.
ENVIRONMENTAL IMPACT:
This project has been reviewed in accordance with the California Environmental Quality
Act (CEQA) and the City's Environmental Administrator has determined that the project
is exempt from further review pursuant to Section 15061 (b)(3) of the CEQA Guidelines.
That "general rule" provision states that, "[A project is exempt from CEQA if] the activity
is covered by the general rule that CEQA only applies to projects which have the
potential for causing a significant effect on the environment. Where it can be seen with
certainty that there is no possibility that the activity in question may have a significant
effect on the environment, the activity is not subject to CEQA." A Notice of Exemption
(NOE) will be posted should the project receive final approval.
PRIOR CITY COUNCIL REVIEW:
On November 16, 1999, the City Council adopted an ordinance approving the
"Development Agreement by and between the City of San Juan Capistrano and Jerry
W and Nancy C. Neely as Trustees of the Neely Family Trust of March 3, 1989."
COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS:
The Planning Commission conducted a public hearing on the requested extension at
their April 22, 2014, meeting and recommended City Council approval.
NOTIFICATION:
Pursuant to Title 9, Land Use Code, Section 9-2.302(f), Notification Procedures, a public
hearing notice has been mailed to all property owners in the City as listed on the
Orange County Real Property Tax Assessment rolls; has been published in the
Capistrano Valley News at least ten (1 0) days prior to the hearing; and has been posted
at three public locations. This agenda item has been provided to the applicant and their
representative through posting of the agenda packet on the City's website.
City Council Agenda Report
June 3, 2014
Pa e 4 of4
ATTACHMENT(S):
Attachment 1 -Ordinance Adopting an Extension to the Development Agreement
Attachment 2-Adopted November 16, 1999, Development Agreement
Attachment 3 -Aerial Photo
Attachment 4 -General Plan Land Use Map
Attachment 5 -Zoning Map
ORDINANCE NO. xxx
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING AND ADOPTING AN
EXTENSION TO THE "DEVELOPMENT AGREEMENT BY ANO BETWEEN
THE CITY OF SAN JUAN CAPISTRANO AND JERRY W. AND NANCY C.
NEELY AS TRUSTEES OF THE NEELY FAMILY TRUST OF MARCH 3,
1989"
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Recitals & Findings.
1. M. Andriette Culbertson, on behalf of the Neely Family Trust has requested a twenty
(20) year extension to a Development Agreement, entitled "Development Agreement
by and between the City of San Juan Capistrano and Jerry W and Nancy C. Neely
as Trustees of the Neely Family Trust of March 3, 1989" approved by the City
Council on November 16, 1999; and,
2. The project has been reviewed in accordance with the California Environmental
Quality Act (CEQA) and the City's Environmental Administrator has determined that
the project is exempt from further review pursuant to Section 15061(b)(3) of the
CEQA Guidelines establising the "general rule" provision which states that, "[A
project is exempt from CEQA if] the activity is covered by the general rule that
CEQA only applies to projects which have the potential for causing a significant
effect on the environment. Where it can be seen with certainty that there is no
possibility that the activity in question may have a significant effect on the
environment, the activity is not subject to CEQA;" and,
3. The City Council conducted a duly-noticed public hearing on June 3, 2014, pursuant
to Title 9, Land Use Code, Section 9-2.335, Public Hearing Procedures to consider
the draft development agreement, and to consider public testimony on the proposed
agreement, and has considered all relevant public comments.
SECTION 2. Amendment.
Pursuant to Government Code Sections 65864 et. seq., the City Council does hereby
approve and adopt the "FIRST AMENDMENT TO DEVELOPMENT AGREEMENT by and
between THE CITY OF SAN JUAN CAPISTRANO and Jerry W. and Nancy C. Neely, as
Trustees of the Neely Family Trust of March 3, 1989," as provided by Exhibit A, attached
hereto and in corp rated herein. The Mayor is hereby authorized to execute said agreement
on behalf of the City of San Juan Capistrano.
ATTACHMENT 1
SECTION 3. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after its passage.
SECTION4. 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 3rd day of June 2014.
SAM ALLEVA TO, MAYOR
ATTEST:
MARIA MORRIS, CITY CLERK
2
EXHIBIT A
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT ("Amendment") is
entered into as of the day of , 2014, by and between THE
CITY OF SAN JUAN CAPISTRANO (hereinafter collectively referred to as "City"), and
Jerry W. and Nancy C. Neely, as Trustees of the Neely Family Trust of March 3,
1989 ("Property Owner").
RECITALS
A. City and Property Owner entered into that certain Development Agreement,
dated the 16th day of November, 1999 (the "Agreement"), pursuant to which the
City agreed to vest the zoning of the property of Property Owner pursuant to the
Municipal Code of the City of San Juan Capistrano, in exchange for Property Owner's
Waiver and Release with respect to a landslide that occurred on Property Owner's
property on May 1, 1998. In addition, Property Owner allowed other work to be
performed on its property associated with a series of land development and public
infrastructure proposals. Although Property Owner promptly complied, through no
fault of Property Owner or City, the development did not take place in the timeframe
contemplated. Section 9 of the Agreement allows for, inter alia, extension.
B. The Parties wish to modify certain terms of the Agreement in the manner set
forth in this Amendment, and the remainder of the Agreement remains in full
force and effect.
NOW, THEREFORE, City and Property Owner agree as follows:
Section 2 of the agreement is amended to read as follows:
The Development Agreement is for a period of an additional ten (10) years as measured
from the original expiration, to expire on November 16, 2029 unless extended. Two five
(5) year extensions may be requested. At the time of each extension request, the City
will evaluate only the aspect of whether a change in development fees has occurred. If
there has been a change in development fees, the City may memorialize that change as
part of the City's action on the extension request. By mutual agreement of the parties,
only the issue of a change in development fees will be considered in any extension
request, which shall not be unreasonable withheld.
Section 4(b) of the Agreement is amended to read as follows:
Development fees in effect as of the date of the approval of this First Amendment to
Development Agreement shall apply to a specific development plan subsequently
submitted to the City for review during the term of this Agreement.
IN WITNESS WHEREOF, the Parties have each caused this First
Amendment to Development Agreement to be duly executed as of the date first written
above.
ATTEST:
CITY OF SAN JUAN CAPISTRANO
Sam Allevato, Mayor
PROPERTY OWNER
s Trustee of the Neely
arch 3, 1989
s Trustee of the Ne
arch 3, 1989
ACKNOWlEDGMENT
State of California (' 1_
County of ) ,, '""-'-'?f-
On 0 ";( osf:so Is-before me,--~AQ,-""J'~-D ! J:u~, ;Vuto.-• R.J>
(insert name and title of the officer)
personally appeared J <!ill!. IJ, NE'k:L ,1, M4NC, C ~L
who proved to me on the basi of satisfactory e dence to be the per on(s) whose na e(s)-<slare
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
~r/their authorized capacity(ies), and that by hielllerltheir signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) 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,
HEIAANSHIJ P. BADMI
COMM ... 1906960
NOT Am' I'OOI.IC~
OfWl6E COOiff1
TeM E'l). Oeiobor 7, 2014
)
• • " •
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: City Clerk
Recorded in the41lunty of Orange, California
Gary L Granville, Clerk/Recorder
1~/11/llmiii/IIIIIUi~llllll No Fee
20000055503 3:49PM 02/01/00
004 00068583 114 18
003 16 0 0.00 0.00 0.00 0.00 0.00 0.00
0.00 0.00 .
Doc Types: 003
(SPACE ABOVE THIS LINE FOR RECORDER'S OFFICE)
DEVELOPMENT AGREEMENT
by and between
CITY OF SAN JUAN CAPISTRANO
and
JERRY W. and NANCY C. NEELY
as Trustees of the Neely Family Trust
of March 3, 1989
ATTACHMENT 2
''' '. • •
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano,
California, DO HEREBY CERTIFY that the attached is a true and correct copy of the
Development Agreement between the City of San Juan Capistrano and Jerry W. and
Nancy C. Neely, as Trustees of the Neely Family Trust of March 3, 1989, which was
approved by Ordinance No. 842, adopted by the City Council of the City of San Juan
Capistrano on November 16, 1999.
(SEAL) Che~~
San Juan Capistrano, California
DATED: This 11th day of January, 2000.
• •
DEVELOPMENT AGREEMENT
This Development Agreement is made this //; -lh day of 1laog.vb4'fr , 1999, by
and between the City of San Juan Capistrano (hereinafter "City"), and Jerry W. And Nancy
C. Neely, as Trustees of the Neely Family Trust of March 3, 1989 (hereinafter collectively
referred to as "Property Owner'').
RECITALS:
WHEREAS, Property Owner is the legal and/or equitable owner of approximately
19.93 acres of real property ("the Property') located within .the City of San Juan Capistrano,
described as Assessor's Parcel Nos. 675-331-18, 675-331-19, 675-331-20, 675-341-6,
675-341-7 and as set forth in the Locational Map, marked as Exhibit "A", attached and
incorporated herein by reference: and
WHEREAS, Property Owner desires to enter into a Development Agreement with
City pursuant to the provision!> of Government Code Sections 65864, et seq.: and
WHEREAS, City finds that a Development Agreement, if implemented for the
Property, would promote the health, welfare, and safety of the community by (a) providing
certainty to the community and Property Owner as to the scope of residential development
potential for the Property, (b) receiving assurances from Property Owner as to City legal
exposures from landslide activity in and about the Property, and (c) receiving Property
Owner's cooperation at no cost to City with regard to the provision of public improvements
for the benefit of all residen!s.of McCracken Hill;
NOW, THEREFORE, CITY AND PROPERTY OWNER mutually agree as follows:
Section 1. Legal Authority. Intent. and Purpose.
This Development Agreement is implemented pursuant to Government Code
sections 65864, et seq., which authorizes the City to enter into development agreements
with any person having a lega) or equitable interest in real property for the development of
such property in order to provide assurance to the applicant for a development project that,
upon approval of the project, the applicant may proceed with the project in accordance with
existing policies, rules and regulations, subject to conditions of approval. City believes that
it is appropriate to enter into a Development Agreement pursuant to the above-stated
Development Agreement legislation for the Property to ensure that the residential land
uses and density levels as presently authorized under existing City zoning for the Property
will constitute the basic land use standards against which any residential subdivision map
application is subsequently submitted to City by Property Owner or its successors in
interest, all in consideration for certain assurances and commitments by Property Owner
as more particularly set forth in this Agreement.
Section 2. Term of Pevelopment Agreement.
The term of this Development Agreement shall be for a period of twenty (20) years.
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'• I • ' l : t
Section 3. Relationship of Property Owner to Property.
Property Owner owns in fee, or otherwise retains a legal or equitable interest in, the
Property.
Property Owner, or successors to Property Owner, during the term of this
Agreement desire to submit a residential subdivision plan consistent with the existing City
municipal code zoning requirements relating to use, lot restrictions, density levels, and
other related land use restrictions for this Property.
Section 4. Environmental Review.
On November 16, 1999, the City Council approved and certified as complete a
Negative Declaration for this Development Agreement.
Section 5. Vesting of Development Rights.
(a) Zoning for the Property. Pursuant to Government Code section 65866,
Property Owner or its successors in interest shall have the right during the term of this
Agreement to develop the subject Property consistent with the residential land uses and
density levels as presently authorized under San Juan Municipal Code sections 9-3.404
and 9-3.424. Said code sections are attached as Exhibits B-1 and B-2.
(b) Fees. Developer Fees presently adopted by the City shall apply to an
specific development plan subsequently submitted to City for review during the life of this
agreement.
(c) Scope of Vesting. At some future date and prior to this Agreement's
termination date, Property Owner, or a successor in interest, plans to submit a specific
residential subdivision map for development of the Property, which Property Owner agrees
and understands must be consistent with the zoning regulations set forth in this section of
this Agreement Accordingly, Property Owner agrees and understands that any subdivision
map drawing prepared for discussion purposes during the course of the review and
approval of this Agreement shall not create a vested property right. Rather, the vesting of
development rights under this Agreement is limited to the provisions of subsections (a) and
{b) of this section. Property Owner may file a vesting tentative map as that term is used
in Government Code Section 66498.1, §1 §Slg., any time prior to the expiration of this
Development Agreement. The rights that shall vest under the vesting map shall be
consistent with the rights vested under this Agreement and shall remain vested for the
entire term of the map as provided in the Government Code, and the term may extend
beyond the expiration of this·Development Agreement.
Section 6. Property Owner Obligations.
(a) Waiver and Release. In consideration of the mutual covenants set forth in this
Agreement, Property Owner expressly releases and discharges City, its elected and
appointed officials and employees from all claims and causes of action that Property
c:\wpwinSO\wpdocs\agree\neely.agr -2-08113199
• Owner ever had, now have, or may have in the future, known or unknown, or that any
person claiming through Property Owner may have or claim to have against City by or
arising out of the landslide that occurred on Property Owner's property on May 1, 1998.
Property Owner voluntarily and knowingly executes this release with the express
intention of effecting the legal consequences provided in Civil Code section 1541, that is,
the extinguishment of obligations as set forth herein.
Section 7. Consistency Finding.
By approving and executing this Agreement, the City finds that its provisions are
consistent with and in the furtherance of the City's General Plan and with City's zoning
regulations, and City further finds and determines that execution of this Agreement is in the
bests interests of the public health, safety and general welfare of the City's present and
future residents, property owners and taxpayers.
Section 8. Right of Assignment.
The rights and obligations of Property Owner under this Agreement may be
assigned in writing in whole or in part of an assignment of all or a portion of the Property.
Any assignment shall be subject to the provisions of this Agreement.
Section 9. Amendment or Cancellation of Agreement.
This Agreement may be extended, canceled or amended from time to time by the
mutual consent of the Parties, but only in the manner provided by Government Code
sections 65864, et seq.
Section 10. Rights of Entry.
(a) Property Owner agrees, upon receipt of 5 days' notice to allow a right of entry
to City or its designees for the purpose of constructing the roadway improvements, utilities,
and other infrastructure an Owner's Property. Owner waives any right to monetary
compensation for the right of entry and easements. The City agrees to maintain any public
easement area.
(b) Property Owner agrees to make a charitable donation to the City of the right of
way for a 56-foot wide public street to the extent it is located in Owner's Property. Owner
further agrees to allow slope grading to establish such street on Owner's Property. Property
Owner waives any right to monetary compensation for this charitable donation.
Section 11. Annual Review of Agreement.
City shall conduct an annual review of Property Owner's compliance with this
Development Agreement pursuant to Government Code section 65865. 1.
c:\wpwm60\wpdocs\agfee\neely.agr 08113199
• City's failure to review at least annually Owner's compliance with the terms and
conditions of this Agreement shall not constitute or be asserted by City as an Owner
default.
Section 12. Default.
In the event of a default by either Party, the one Party shall give the other Party a
thirty (30) days' written notice to cure the default. The notice shall specify in reasonable
detail the nature and extent of the default. If the default is not cured by the Party within the
30 day period, or additional period as may be granted by the non-defaulting Party, then
both parties shall first meet and confer for a period of at least thirty {30) days before any
judicial enforcement action is brought by any Party.
The laws of the State of California shall govern the interpretation and enforcement
of this Agreement.
Section 13. Encumbranc.§§.
Property Owner may, at its sole discretion and without agreement of City, encumber
the Property or any portion of the Property, excepting any easement area to be deeded to
City, or any improvement to the Property through any encumbrance vehicle.
Section 14. Successors and Assigns.
This Development Agreement shall be bind'•g upon, and the benefits of the
Agreement inure to, all successors-in-interest and assigns of the Parties hereto.
Section 15. Attorney's Fees.
lf any action at law or in equity is necessary to enforce or interpret the terms of this
Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and
necessary disbursements in addition to any other relief to which he may be entitled.
Section 16. Notices.
All notices, demands or other writings to be made, given or sent hereunder, or which
may be so given or made or sent by either Party to the other shall be deemed to have been
given when in writing and personally delivered or if mailed on the third (3rd) day after being
deposited in the United States mail, postage prepaid, and addressed to the respective
parties at their addresses set forth below:
To City:
City of San Juan Capistrano
Attn: George Scarborough, City Manager
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
c \wpwm60\wpdocs\agree\nee!y ag; -4-08113199
.·.'. ''
To Owner:
Jerry W. and Nancy C. Neely, Trustees
of Neely Family Trust
P. 0. Box 507
San Juan Capistrano, CA 92675
Section 17. Entire Agreement.
•
This Agreement constitutes the entire understanding and agreement between the
parties and supersedes all previous negotiations between them pertaining to the subject
matter thereof.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
ATTEST:
APPROVED AS TO FORM: li~~
John RJ Shaw, City Attorney
Property Owner
.,,~-JAP~
By~a~if (J ~-?"
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• •
EXHIBIT "A"
LEGAL DESCRIPTION
FOR DEVELOPMENT AGREEMENT
IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, m:SCRIBED AS FOLLOWS:
That portion of the Rancho Boca De La Playa, as shown on a map filed June 29, 1897 in Book
4, Page 118 and 119, of patents, records of Los Angeles County, California, described as
follows:
PARCELA-1
Commencing at the intersection of the Northeasterly line of that certain parcel of land
described as Parcel 8 in the deed recorded October 6, 1930 in Book 428, Page 75 of Official
Records, with the centerline of the California State Highway ( 100 feet wide) as described in the
Quitdaim Deed recorded December 29, 1944, in Book 1287, Page 462 of Official Records;
thence South 35'19'02" West along the centerline of said highway, 34L93 feet; thence leaving
said highway, South 20'44' East 132.0 I feet to the most Southerly corner of the tract of I 0.575
acres conveyed by Marco F. Forster and wife to Clarence R. Brown, by deed dated October 21,
194 7, and recorded December 30, 194 7, in Book 1601, Page 411 of Official Records; thence
North 47"34'20" East along the Southerly line of said land conveyed to Brown, 119.84 feet;
thence continuing along said Southerly line and its Easterly extension, South 76"24'40" East
876.08 feet to a point in the Southwesterly line of Parcel 2 described in said deed to Brown, said
point also being the True Point of Beginning of the property herein described, said point also
being the Northeasterly comer of the 14.773 acre parcel shown on a map filed in Book 21,
Page 41, of Record of Surveys in the office of the County Recorder of Orange County,
California; thence !rom said true point of beginning along the Southwesterly and Westerly lines
of Parcel 2 described in said deed to Brown, South 76"24'40" East 291.57 feet; thence South
25"51'40" East 222,39; thence South 5"07'40" East 597.47 feet; thence leaving the Westerly line
of Parcel 2 described in said deed to Brown and running South 49"50'20" West I 00 feet; thence
October 21, 1999
Page l of 3
W.O. 1890-l41')6X
H&A Legal No. 4827
Prepared By: R. Williams
rk'd By: V. Edge /th
. , •
:'1/orth o7'30'20" West 617.44 feet to the most Southeasterly corner of said 14.773 acre parcel;
thence North 17'08'00" East 723.89 feet to the True Point of Beginning.
EXCEPTING THEREFROM the following: Beginning of the most Easterly corner of Parcel
as described in the deed to Wendell K. McCracken and others, recorded December 30, !947, in
Book 1603, Page 298, of Official Records; thence South 49'59'20" West 100 feet; thence North
67'30'20" West 340.26 feet; thence North 7'41'20" East 9.92 feet; thence South 74'14'40" East
10.11 feet to the true point of beginning; thence continuing South 74'14'40" West 98.37 feet;
thence North !5'45'20" East 154.65 feet; thence North 74'14'40" West 99.65 feet; thence South
15'45'20" West !45.62 feet; thence South 7'41'20" West 9.12 feet to the True .Point of
Beginning.
PARCELB-1
l11at portion of the lands of Forster as shown on a map flied in Book 4, .Page 15 of records of
Surveys in the Offtce of the County Recorder of Orange County, California, described as
follows:
Parcel 6, 7, 8, 12 and 13, as shown on a record of Survey Map filed in Book 49, .Page 24 of
records of Survevs. in the offtce of the County Recorder of said Orange County.
PARCELB-4
That portion of the lands of Forster, as shown on a map filed in Book 4, Page 15, of Records of
Survey in the office of the County Recorder of Orange County, California, described as follows:
Beginning at the Northerly corner of the land described in Parcel 4 in deed to Jerry W. Neely
and wife, recorded September 5, 1972., in Book I 0309, Page 360, of Official Records of said
Orange County; thence along the Westerly boundary of said Parcel 4, South 01' II '27" East
133.48 feet and South 296 50'53'' East 111.93 feet; thence South 79'45'29" West 15.00 feet;
thence South 38.00 feet; thence South 33'23'00" West 36.00 feet; thence South 68'23'00" West
39.00 feet; thence South 87°24'28" West 253.99 feet to· the Easterly boundary of the land
October 25. 1999
Page 2 of 3
W.O. l890-l4l96X
H&A Legal No. 4827
Prepared By: R. Williams
Ck'd By: V. Edge /th
•
described in Parcel I in deed to Wendell K. McCracken and wife, recorder October 19, 1953, in
Book 2595, Page 374, of Official Records; thence along said Easterly boundary and the
Southeasterly boundary of the land described in Parcel I in deed to Wendell K. McCracken and
wife recorded May 7, 1951. in Book 2185, Page 49, of official Records North !7°51'20" East
165.42 feet to the beginning of a tangent curve concave Southeasterly having a radius of 149.90
feet; Northeasterly along said curve through a central angel of 36°48'51" an arc distance of
96.32 feet; tangent to said cutve North 54°40'11" East 91.28 feet; and North 62°38'41" East
93.90 feet to the Point of Beginning.
PARCELD
Beginning at the most Southerly corner of Parcel 13 as shown on the record of Survey Map
recorded in Book 49, Page 24, of Record of Surveys, in the office of the County Recorder of
said Orange County, California; thence North 59°19'20" West 167.89 feet along the
Southwesterly boundary of said Parcel 13; thence South 1°09'20" East 133.47 feet; thence South
29"54'20" East 114.93 feet; thence North 79'42'40" East 62.64 feet; thence North 9'03'50" West
70.39 feet; thence North 26°54'40" East 74.81 feet to the Point of Beginning.
A.s more particularly shown on Exhibit "B" attached hereto and made a part hereof.
~~J1,~~
Rory s., !!Iiams, L.S. No. 6654
License Expires: December 31, 1999
October 2 5, 1999
Page 3 of 3
W.O. 1890-!4196X
H&A Legal No. 1827
Prepared By: R. Williams
Ck' d By: V. Edge /th
~~=-=----
B···!
P fi:\iiCEL.S 6;··~. l2., .13
PARCEL 0
~
JOB SITE -,,.
GRAPHIC SCALE '.
VICINITY MAP ("' r£ET)
~m-1 inch -l$0 fl
J~t"·"1
/
tXCEPTION TO
PARCEL A~l
--------------------,
/
EXHIBIT "B"
MAP OF THE PROPERTY
IN THE CITY OF SAN JUAN CAPISTRANO
COUNTY OF ORANGE, STATE OF CALIFORNIA
NEElY PROPERTY DEVELOPMB-:if AGREEMENT
PARCEL A-1
/,,··
// ~
HUNSAKER & ASSOCIATES
liitVINE, INC
PlANNING ., £NGINWUNG • SVIMY!NC
~ IIWw. CA mla • Prt f'j.W) 5M-1fTIO • n: (9.491 S»>J!i!f
·,: • • EXHIBIT "B-1:
Sec. 9-3.404. Small Est.ate (ES) District.
(a) Purpose and intent. The purpose and
intent of the Small Estate (ES} District is to:
( 1) Provide for the est.ablishment of residen-
tial areas oflow density, located and maintained
in accordance with the General Plan; and
(2) Regulate such areas in order to preserve
and perpetuate a spacious, low-density residen-
tial character. ·
(b) Principal uses and structures permitted.
The following principal uses and structures shall
be permitted in the Small Estate (ES) District:
(1) Dwellings, single-family detached;
(2) Parks, public and private;
(3) Single-family dwellings, standard wood
frame construction on-site, subject to the provi-
sions of subsection (t I) of subsection (b) of Sec-
tion 9-3.424 of this article;
(4) Mobile homes and modular b.omes on a
permanent foundation system if the Planning
Commission determines that the lot proposed is
compatible for such use. Both shall be subject to
the provisions of subsection (! I) of subsection
(b) of Section 9-3.424 of this article; and
( 5) Family care b.omes.
(c) Accessory uses and structures permitted.
The following accessory uses and structures shall
be permitted in the Small Estate (ES) District:
(I) Home occupations as set fortb. in Section
9-3.611 of Article 6 of this chapter;
(2) The keeping of horses, noncommercial, as
set forth in Section 9-3.620 of Article 6 of this
chapter; .
(3) Recreation and community centers, non-
commercial, public and private, provided that
tennis courts and other outdoor recreational uses
within such centers conform to the requirements
of Sections 9-3.607 and 9-3.614 of Article 6 of
this chapter. The outdoor night lighting of tennis
courts and other recreational uses shall not be
permitted unless a conditional use permit is
approved by the City; ·
( 4) Accessory uses and structures i ncide n tai
to the operation of a pcnnllted usc; and
c \wpwm60\wpdocs.\agreelneely agr ~8-
(5) A temporary caretaker residence during
the construction of a permanent single-family
residence on an individual lot in accordance with
the provisions of Section 9-3.612 of Article 6 of
this chapter.
(d) Conditional uses and structures permit·
ted. The following uses and structures may be
permitted in the Small Est.ate (ES) District sub-
ject to the approval of a conditional use permit:
(I ) Apiaries;
(2) Child day care centers;
( 3) Kennels, noncommercial, as set fortb. in
Section 9·3.619 of Article 6 of this chapter;
( 4) Small animal raising, noncommercial, in
conjunction with the residential use of a lot,
wherein the lot size is greater than 15,000 square
feet. Permitted species shall include rabbits,
chickens, and animals of similar size. Animal
slaughtering or commercial animal raising or
breeding shall be prohibited;
(5) Tennis courts and other outdoor recrea-
tional uses on individual residential lots pro-
vided the requirements of Sections 9-3.607 and
9-3.614 of Article 6 of this chapter are met. The
outdoor night lighting of such tennis courts or
other recreational uses shall not be permitted
unless included within the conditional use per-
mit approval; and
( 6) Residential care facilities.
(e) Development standards. The yard (set-
back) requirements, minimum lot sizes, mini-
mum street frontage, and related standards for
the Small Estate ( ES) District shall be as set forth
in Section 9-3.424 of this article.
(fl Supplementary district regulations. For
sign. parking, fence, swimming pool, and similar
regulations for the Small Estate (ES) District, see
An:icle 6 of this chapter. (§ 3.4.4, Ord. 293. as
amended by § 2, Ord. 409, eff. August 1. 1980, §
2, Ord. 433. etf. October 15, 1981, § 2, Ord. 453.
c•ff. May 20, 1982, § 2 D and E, Ord. 462, eff. July
15. 1982, § 2 B. Ord. 476. etf. November 20.
1982. and ~ 2 B, Ord. 549. etf. September 19.
1985)
07128!99
,',' .. .. • • EXHIBIT "8-2"
Sec. 9-3.424. Development standards.
(a) Except as otherwise provided in subsection
(b) of this section, the development standards for the
districts established by subsection (a) of Section
9-3.101 of Article 1 of this chapter shall be as set
out in Table 3-l.
(b) The following modifications, exceptions, and
explanations shall apply to the development stan-
dards set forth in subsection (a) of this section:
(I) Basic requirements. The development stan·
dards set forth the basic requirements for the dis-
tricts identified. More restrictive limitations may be
imposed in any particular geographic area pursuant
to the provisions of Section 9-3.302 o( Article 3 of
this chapter.
(2) Open patios. In the General Agricultural
(AG), Small Farm (RA), Large Estate (EL). Small
Estate (ES), Single-Family (RS), Garden Home
(RD), and Multiple-Family (RM) Districts, open
patios may extend up to a minimum of five (5') feet
from rear property lines pursuant to Section 9-3.607
of Article 6 of this chapter.
(3) Open areas. Open areas shall meet the fol·
lowlng criteria:
(i) Open areas shaJJ be defined as land area not
devoted to or covered by strucrure5 or any area
serving motor vehicles (such as parking areas, load-
ing areas. driveways. streets or alleys), and not pan
of any required perimeter buffer yard;
(ii) Areas not a pan of a manufactured or altered
slope having a ratio of steeper than' three to one
(3: 1):
(iii) Areas with a minimum width of ten ( 10) feet
and a minimum contiguous area of 300 square feet;
(4) Side yards. The minimum side yards in L'le
Single-Family (RS) and Garden Home (RD) Dis-
tricts may be reduced t.o zero when attached or
zero-lot line units are t.O be constructed.
(5) Setbacks.
(i) The criteria for measuring setbacks on
irregularly-shaped and cul-de-sac lots are set forth
in Section 9-4.1 14 of Article l. Chapter 4 of L'lis
Title.
(ii) Ali driveways for singk·fami1y der.ached units
including manufactured unirs I EL, ES. RS. 3nd RD
-9-
Districts) shall be located a minimum of three (3)
feet from any side yard property line, unless estab-
lished by Planning Commission as a joint driveway
during discretionary review per Section 9·3.301.
(6) Minimum lot size. In the Garden Home (RD)
District where single-family attached units are joined
by a common wall and eacn dwelling occupies its
own lot, the minimum lot size for each dwelling
unit shall be 5,000 square feet.
(7) Open space subdivisions. The City wishes to
encourage the provisions of neighborhood amenities,
such as landscaped common areas. recreation facili·
ties, and neighborhood parks, for new residential
developments within the Single-Family (RS) and
Garden Home (RD)Districts. To this end. the re-
quired lot sizes within such districts may be reduced
to a mini~;~~urn of 5,000 square feet provided the
following conditions are met:
(i) Conditional use permits. A conditional use
permit shall be approved for projects utilizing such
reduced lot sizes prior to the approval of a tentative
map for the subdivision.
(ii) Allocations of reduced lot size space. A mini·
mum of fifty (50) percent of the area savings from
the reduction in lot size below the standard !0.000
square foot minimum shall be allocated for a private
neighborhood park. Such neighbomood park shall
be consnucted by the subdivider in accordance with
the development plans approved by the City in
conjunction with development review.
(iii) Park facilities. Neighborhood parlc.s provided
within open space subdivisions shall include outdoor
recreatio-n facilities for the residents of the develop..
ment. Such facilities may consist of tennis courts,
swimmmg pools and cabanas, volleybaJJ courts,
open playing fields. children's play equipment. and
similar facilities.
(iv) Homeowners' associations. A homeowners'
association shall be created to maintain all the recre·
ational facilities and landscaping and to assume
oL'lef responsibilities as appropriate. The Organi:ra"
tion. legal authority, duties, and obligations for such
homeovmers· association shall be set forth in a .set
of Codes. Covenants. and RestrictiorL> (CC&Rs) to
be Jpproved by the Pla.rming Commlssion and re-
011281.99
.. ' • • .EXHIBIT "B-2"
corded with the final tract map. Such CC&Rs shall
incorporate provisions for the City to l<l.ke over or
otherwise provide for the maintenance of all the
recreational facilities. landscaping, and common
areas should the City determine that adequate main-
tenance is not being performed.
(v) Development review. Proposed open space
subdivisions shall be subject to development review
as set forth in Section 9-2.305 of Anicle 3 of Chap-
ter 2 of tlus title. Plans required for the review of
such projects shall include:
(aa) Site. plot. or development plans:
(ab) Grading plans:
(ac) Landscaping plans:
(ad) Bullding elevations; and
(ae) Architectural detail plans, such as for trash
areas, private street signs, and simllar items.
(vi) Recreational vehicle parking. Recreational
vehicle parking shall be provided as set forth in
subsection (2) of subsection (g) of Section 9-3.602
of Article 6 of this chapter.
(vii) Density. The density permitted m any dis-
trict shall not exceed the llmits set forih in the Gen·
era! Plan.
(8) Lots with below minimum street frontages.
Lots with street frOtltages below the minimum set
forth in Table 3-I of this section may be pennitted
without the approval of a variance if all of the fol·
lowing conditions are met:
(i) The lot's street frontage remains a minimum
of twenty (20) feet;
(ii) The lot is designed such that the reduced
width portion constlrutes an access corridor to the
buildable portion. Which is set back away fmm the
street
(iii) The minimum width of the buildable port:on
of the lot conforms to the requirements of Table 3·1
of this section; and
(iv) The Planning Commission determines L1at
adequate visitor parking will be prov.ided on the lot
to compensate for the loss of street frontage pJrking:.
The actual creation of reduced frontage lots 'hal I
he suhjcct to nonna_l City approval of requir~d tract
or parcel maps. The reduced fronta~e purtion uf
such lots shaH not be included in the comrn;tarinn
of" lot area (see Sectwn 9-4.114 (lf Artick I '.li
Chapter 4 of this title).
c \wpWI~GC\wodocs\ilgaoe\neely agr 10-
(9) Building setback encroachments into required
rear yards. On lots with an existing building setback
encroachment into a required yard, strucrural addi-
tions having the same said encroachments shall be
permitted without the approval of a variance. How-
ever, no new encroachment in excess of that exist-
ing, nor any new encroachment may be permitted
without the approval of a variance (see Section
9-1.305 of Article 3 of Chapter I of this Title),
(10) Architecrural projections exceeding maxi·
mum height limitations of Public and Institutional
(IP) District. The Planning Commission may ap·
prove :irchitecttlral projection."' (spires. towers, and
the like) to exceed the maximum height limitations
of the Public and Institutional (IP) District during
the consideration of specific development plans. 11te
consideration of allowing the architectural projection
shall require the Planning Commission to review the
development plans to insure that the following de-
sign objectives are present:
(i) The architecrural projection is consistent wit.tJ
the proposed design theme.
(ii) The architectural projection is in scale with
the mass of the building.
(iii) The architectural projection shall have a
reference to the historical treatment of such elements
and the proposed use of the building.
(iv) The square footage area of the arctlitecrural
proJection should not encompass more than one
percent of the total building area.
(v) In no instance shall the architectural projec-
tion have a sign or other attracting device installed
on its face.
(vi) The architectural projection shall not include
habitable square footage.
( 11) Single-family development standards. In all
d1stncts where single-family dwellings (site-built,
modular. or mobile home) are permitted, such
dweilings shall be subject to the development stan-
Jards for that district as well as the following re-
quirements:
l'i) rile minimum widtll stiall be twenty (20) fee~
;);JL'iitk dimension measured to the building line. For
!he purpus~s of this section. the width shill be dtS··
ungwshcJ from rhe tength of the building as the
dimt~nsinn h:J.ving the lesser measurement
07128!99
• EXHIBIT "B-2"
(ii) The exterior sides shall be covered with
wood, stucco. masonry. or other material of similar
texture and durability. Metal siding shall nor be
perrm tted.
(iii) The roof material shall be wood shingle or
shake. slate, tile, or other material of similar appear-
ance. rexrure. substance. and durability. Rock. as-
phalt, shingle. and metal roofs shall be discouraged.
(iv) Roof eaves and gables shall be no less than
twelve (12) inches, measured from the vertical side
of the unit. unless otherwise approved by the Plan-
ning Commission.
( v) Exterior colors which blend the structure into
the surrounding landscape shall be encouraged (e.g.,
browns. siennas, and grays). Bright or garish colors
shall be discouraged.
The preceding criteria shall be administered by
tile City body which is responsible for reviewing
residential projects or custom homes prior to plan
check. In fhe case of mobile homes and modular
homes. the Plarming Commission sh~ use such
criteria to assist in its detennination of the compali*
bility of lhe proposed lot for such use.
(12) Maximum building height. In accordance
with the Land Use and Community Design Elements
of the General Plan. the City wishes to encourage
the development of structures which fit into the
existing landform. To this end. the height of exterior
walls shall be regulated as follows:
(i) Residential structures shall be limited to
twenty-five (25) feet from the finish grade to the top
of the wall. On hillside properties, the downhill
elevation shall include architectural features a mmi-
mum of five (5) feet in width (i.e .. balconies. over-
hangs, coping, etc.) and/or landscaping (i.e .. trees,
shrubs. etc.) to minimize the visual impilcrs of ttle
waU surface. as dctemlined by the Director: and
{ii) AU nonresidential structures shall be limited
to a maximum of two (2) stories in height ,lnd
twenty-five (25) feet from fhe finish grade to the top
of the walL
For lie purpose" of this section. the rop of the
waH shall he that point where the wallHwcts J. ~lJ\.It"
t>r other huiiding clement 'evhidL lfl the juJ:J,m~~~lt of
!he EnviroJllnenuU Review Board. define'> L1v c-tL:L·
(JV~ VL:rtk:~!l wa.Jl rLme. in !11:: C;lSC Of :i ~abiL~-~:nJ
-11-
roof. the top of the wall shall be a line connecting
the two (2) points which define the tops of lhe
adjoining walls (see Figure 3A).
(13) Architectural projections into side yards.
Architectural projections may extend into required
side yards no more fhan forty ( 40) percent of the
applicable district requirement, or more than three
(3) feet whichever is greater. Exceptions to these
standards may be grdllted by the Planning Commis-
sion in accordance with Section 9-2.304.
Exceptions to the standands set forth in this sub-
section may be granted. subject to fhe criteria set
forth in Section 9-2.303 of Article 3 of Chapter 2
of this title. In addition, exceptions to tile maximum
building height may be granted. The maximum
height which can be reviewed as an exception is the
building height as measured from the average tlnish
grade. Projecl~ in excess of the height limit as mea-
sured from the average finish grade shall require the
review of a zone variance.
_ ....
(§ 3.1.24. Ord. 293, as amended by§ 2, Ord. 387,
§ 2 B. Ord. 419. § 2 C, Ord. 433, eff. October 15,
l98l. § 2 C. Ord. 506, eff. April 5, 1984, § 2 D,
Ord. 512, eff. July I 9, 1984, § 2. Ord. 628. § 8,
Oro 677, § 2. Ord. 754, § 2, Ord. 770, and § 2B,
Ord. 8?4. eff. October 10. 1998)
07128!99
• EXHIBIT "B-2"
TABLE 1-1
DEVELOPMENT sr ASDARDS
MlnimWII
Mlnlmwn Minimum MiDimum Minimum Minimam ··--Maximum
""' '""' ...... '"'' Reor of"""' IWptot
District '"" fl'1ltltqo!: y""" Yom y-.... . ..........
AG Geo.!!ral Agriculrural '" 200 50 ;a. 50 NIA J,SU
RA Small Farm 2Yi 3C 150 ]{) "' 15 NIA 35 ...
EL Latge £sta.tt '" 150 JO lO 25 NJA 35 ...
ES Sl'l'la!l Mt.aU: :20,@
~-f{_ 90 10 10 25 NIA 35 ...
RS Singie·Family 10.000*-.,._ 60 "' 10 25 J(J 35 ..
RD Garden Home !0,000"
"'"-so "' 10 lO 25 3S••
RM MIW~\e~FW1y '" \50 J(J 10 ,. 25 35"""'
MHP Mohi~ f.4Qm,:: See SecUQo 9·3.40$ or this artide
PRO Pln!noed Residerl.tlal
Devdopa:atm '" See Secuot'l 9-3.409 of lhil illnicie "' PC Plal:u:ltd Cot'l'ltl'llimty S¢e Se~ot1 9-l~iO of thi$ Mti~;;k
cr Tourist Co~IllrD'Cl .. 7.200
sq.fr 60 0 0 0 NIA 25 ...
co Office Cmnmeraal 7,200
sq. ft. "' 10 25 20 35""
CN Ndghbotbood
C<mum:n:iil 1.200
... lt 100 20 20 "' NJA 35 ...
CG GeDI!:l'al Com.memal: 7,200
"l·"-"' 20 5 25 NIA 35 ...
CM c.,._,.,
ManufiSCt'W'It~g 7.200
"l·"-"' :0 5 25 NJA J5U
MG GenenJ lhdll'lz,u.! ~.'iJ:OC
<q.lt !00 "' 10 20 N!A 35 ..
MP lndwtnai Park 15JXlO
~-ri 100 20 10 "' IS 35"'"
IP Publu: <md lnsmutional ".:;.()()
"'" 60 7.0 " 30 35~·
PR l?'rivate Recn:.auoo "!.200
;qlt /1) 20 2:5 60 15••
OR Open Spaoe Recreanoo 7.200
<.q ft "' co 25 90 35u
OS o,c.s-
Pre:~aVanoa ~-~00
"'"-"' 00 25 'J{) 35 ..
SP Spec1al (Pr«:J:~oe" Plll.ll) P~ ~c1s.e P:an or Secnon 9-422 of ltti$ arccle
GM Growth Management '~ :oo 50 io 50 NIA 35•4
SWF Solid W11Sllt'1 P.,r G"oo:ral ~vek>pment Plin or Prec1se Plan
Fao3ny :loDe
~\i.ee sub:w:cnoll (bi of 5ectton 9-3 ~2.;.
••s.ee ~ubsect:10n 111) of ;ubsb::t:Hlll lbJ of ~en '+-.l-1.24 feor addltw!W he1ght ll':Mncoons
c \wpwm60\wpdocslagree\neely agr -12 01'/28199
Aerial Photo-Neely Family Trust Property
250
Feet
ATTACHMENT 3
Land Use
PLANNED COMMUNITY
--==25•o--•5oo A
Feet ~
ATTACHMENT 4
Zoning
c:J PRD-Planned Residential Development District
c:J RS-7,000-Single-Family-7,000 District
c:J RS-1 0,000-Single-Family-1 0,000 District
D RSE-20,000-Single-Family-20,000 District
c:J RSE-40,000-Single-Family-40.000 District
Ml RM-Multiple-Family District
D MHP-Mobile Home Park District
SP/PP-Specific P lan/Precise Pla n District
250 500
ATTACHMENT 5