06-0919_LAFCO_Indemnification Agreementr •�
INDEMNIFICATION AGREEMENT
As part of this application, applicant and real party in interest, if different, agree to
defend, indemnify, hold harmless, and release the Orange County Local Agency Formation
Commission, its agents, officers, attorneys, and employees from any claim, action, or proceeding
brought against any of them, the purpose of which is to attack, set aside, void, or annul the
approval of this application or adoption of the environmental document which accompanies it.
This indemnification obligation shall include, but not be limited to, damages, costs, expenses,
attorney fees, or expert witness fees that may be asserted by any person or entity, including the
applicant, arising out of or in connection with the approval of this application, whether or not
there is concurrent passive or active negligence on the part of the Orange County Local Agency
Formation Commission, its agents, officers, attorneys, or employees.
Executed at San Juan Capistrano, California on the 19th day of September 2006.
APPLICANT
By: C' o an an Capis o
Title:
David M. Swerdlin, Mayor,
City of San Juan Capistrano
REAL PARTY IN PKEREST
(If different fro pyfiEapt)
Title /'S'o �arman, &wsra/ Ca4h alta f J)1m6*Trk
Mailing Address: o q9 S1 04m1no Qi jWr -n0
JU.&n CAai57re), Ca. gad �s
ATTEST:
R. Monahan, City Clerk
,BIPPROVED AT FORM:
John Shaw, rity Attorney
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ORDINANCE NO. 916
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING A PREANNEXATION
AGREEMENT FOR THE RANCHO CAPISTRANO ANNEXATION
RANCHO CAPISTRANO MINISTRIES)
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO HEREBY ORDAINS
AS FOLLOWS:
WHEREAS, on January 17, 2006, the San Juan Capistrano City Council initiated
annexation and prezoning proceedings for the Rancho Capistrano property, shown
attached hereto as Exhibit "A", and referred the prezoning to the Planning Commission
for review and recommendation; and
WHEREAS, a Preannexation Agreement has been prepared to specify the
permitted uses and entitlements which will apply to the property after annexation; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA) and the
CEQA Guidelines, the City's planning staff completed an Initial Study for the above -
referenced project, determined that the Prezoning, Preannexation Agreement and Code
Amendment will not result in a significant impact on the environment, and accordingly
drafted a Negative Declaration for the subject applications; and
WHEREAS, on August 8, 2006, the Planning Commission conducted a duly -
noticed public hearing regarding the preceding applications and forwarded them to the
City Council with recommendations of approval; and
WHEREAS, the City staff and the City's consulting project manager have
prepared a detailed staff report on the application to the City Council; and
WHEREAS, on September 5, 2006, the City Council held a public hearing and
considered the proposed Preannexation Agreement together with the associated
Prezoning and Code Amendment, the recommendation of the Planning Commission,
and the evidence and arguments submitted by the City staff, the property owner, and all
interested parties. A notice of time, place and purpose of the public hearing was duly
given and testimony was presented to and considered by the City Council at the public
hearing.
SECTION 1: Findings Reaarding Environmental Review.
Pursuant to CEQA Guidelines Section 15063, an Initial Study has been prepared
for this project. After reviewing the Initial Study, the proposed Negative Declaration, and
all comments received during the public review process, the City Council hereby:
1. Determines that the project will not have a significant impact on the environment.
Page 1 of 3 0916
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SECTION 5. 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 19th day of September, 2006.
C
DA D SWERDLIN, MAYOR
ATTEST:
R. MONAHAN, CITY C
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARGARET R. MONAHAN, 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. 916 which was
regularly introduced and placed upon its first reading at the Regular Meeting of the City Council
on the 5th day of September 2006 and that thereafter, said Ordinance was duly adopted and
passed at the Regular Meeting of the City Council on the 19'h day of September 2006 by the
following vote, to wit:
AYES:
COUNCIL MEMBERS:
NOES
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
, City
Bathgate, Soto, and Mayor Swerdlin
None
Hart, Allevato
Page 3 of 3
0916
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ORDINANCE EXHIBIT A:
RANCHO CAPISTRANO PREZONING MAP
RANCHO CAPIS TRA NO PIREZONING.
"PC PLANNED COMMUNITY"
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PREANNEXATION ORDINANCE EXHIBIT B:
PREANNEXATION AGREEMENT
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Whereas, City has found that this Agreement and the continuation of the uses on the County
Property as provided in this Agreement are consistent with the General Plan of the City; and
Whereas, the City has processed, considered, and approved a Negative Declaration in
connection with the adoption of the PC zoning designation for the County Property and this
Agreement.
NOW, THEREFORE, City and Owner mutually agree as follows:
ARTICLE 1. GENERAL PROVISIONS
1.1 Ownership of the Property. The City and Owner acknowledge and agree that
Owner has the requisite legal or equitable interest in the County Property, and thus, Owner is
qualified to enter into and be a party to this Agreement in accordance with Go3emment Code
section 65865(b).
1.2 Assignment of Rights. Owner shall be permitted to assign or otherwise transfer
this Agreement, and its rights and obligations hereunder, to any other person, firm or entity, but
only if the prior written consent of the City or the City's delegate is obtained. Such consent of
the City shall not be unreasonably withheld. Notwithstanding any other provisions in this
Agreement, Owner or its successors in interest may assign or otherwise transfer this Agreement
and its rights and obligations hereunder to any entity or entities owned or controlled either
directly or indirectly by Owner (each such entity being a "Permitted Transferee"). Assignments
or transfers of the Agreement, or rights or obligations thereunder, to a Permitted Transferee do
not require the prior written consent of the City. As used in this subsection "owned or controlled
by" means an entity in which Owner has either a direct or indirect equitable or beneficial
ownership interest equal to at least 25%. The provisions of this Agreement shall be binding
upon and shall inure to the benefit of the Parties and their respective successors and assigns. To
the extent of the interest of the Owner, and its assigns, in the County Property, the covenants of
Owner set forth in this Agreement shall be covenants running with the land and enforceable to
the full extent permitted by applicable law.
1.3 Release Upon Transfer. With respect to any permitted assignment pursuant to
the provisions of Section 1.2, City shall release Owner from its obligations under this Agreement
and any other agreements or undertakings pertaining to the transferred portion of the County
Property, and release to Owner any bonds or other security posted to secure obligations under
such agreements or undertakings, provided the transferee expressly assumes the obligations
under such agreements and substitutes bonds or other security acceptable to City in place of the
security to be released.
1.4 Term. Unless otherwise terminated as provided in this Agreement or otherwise
provided, this Agreement shall continue in full force and effect until the adoption of a
Comprehensive Development Plan agreed to by Owner.
1.5 Exhibits. The following documents are attached to, and by this reference made a
part of, this Agreement:
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construction which is determined to be significant under the provisions of the California
Environmental Quality Act, will require the preparation of a Comprehensive Development Plan
in accordance with the applicable provisions of the Land Use Code.
ARTICLE 3. PUBLIC BENEFITS
The Parties acknowledge and agree that the annexation and use of the County Property in
accordance with the County Entitlements will not result in additional demands on public services
beyond those currently provided and that the City and County will benefit by the elimination of
the county island that is comprised of the County Property.
ARTICLE 4. REVIEW FOR COMPLIANCE
4.1 Periodic Review, The City Council may review this Agreement annually, on or
before the anniversary of the Effective Date, in the City Council's discretion, in order to
ascertain the good faith compliance by Owner, with the terms of the Agreement.
ARTICLE 5. DEFAULT AND REMEDIES
5.1 Dispute Resolution by Binding Arbitration. All disputes, claims, and questions
regarding the rights and obligations of the Parties under the terms of this Agreement, or the
breach thereof, shall be resolved solely by arbitration in Orange County, California in
accordance with the rules and procedures of Judicial Arbitration & Mediation Services, Inc.
(J.A.M.S.), by final and binding arbitration conducted before a neutral single retired judge or
justice from the J.A.M.S. panel, at a location in Orange County California, in accordance with
the J.A.M.S. rules and procedures in effect at the time such arbitration is commenced, and
judgment upon the award rendered maybe entered in any court having jurisdiction thereof. If
J.A.M.S. is unable or unwilling to serve as the arbitration provider, then the parties will either
agree on a substitute provider and/or arbitrator, or one shall be appointed by the Orange County
Superior Court in accordance with the provisions of Code of Civil Procedure Section 1280 et
seq. In the event of any arbitration, the provisions of California Code of Civil Procedure Section
1283.05 are incorporated herein. The costs of the arbitration administration and the services of
the arbitrator will be shared equally by the parties, but each party shall bear its own attorneys
fees and costs, and neither will have the right to an award of such costs or fees from the other.
ARTICLE 6. MORTGAGEE PROTECTION
6.1 The Parties hereto agree that this Agreement shall not prevent or limit Owner in
any manner, at Owner's sole discretion, from encumbering the County Property or any portion
thereof or any improvement thereon by any mortgage, deed of trust or other security device
securing financing with respect to the County Property. The City acknowledges that the lenders
providing such financing may require certain Agreement interpretations and modifications and
agrees upon request, from time to time, to meet with Owner and representatives of such lenders
to negotiate in good faith any such request for interpretation or modification. Subject to
compliance with applicable laws, the City will not unreasonably withhold its consent to any such
requested interpretation or modification provided the City determine such interpretation or
modification is consistent with the intent and purposes of this Agreement.
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Parties hereby state and acknowledge they would have adopted each and every provision
contained within this Agreement notwithstanding the presence of an invalid provision.
7.3 Interpretation and Governing Law. This Agreement and any dispute arising
hereunder shall be governed and interpreted in accordance with the laws of the State of
California. This Agreement shall be construed as a whole according to its fair language and
common meaning to achieve the objectives and purposes of the Parties, and the rule of
construction to the effect that ambiguities are to be resolved against the drafting party or in favor
of the City shall not be employed in interpreting this Agreement, all Parties having been
represented by counsel in the negotiation and preparation hereof.
7.4 Section Headings. All section headings and subheadings are inserted for
convenience only and shall not affect any construction or interpretation of this Agreement.
7.5 Waiver. Failure of a Party to insist upon the strict performance of any of the
provisions of this Agreement by the other Party, or the failure by a Party to exercise its rights
upon the default of the other Party, shall not constitute a waiver of such Party's right to insist and
demand strict compliance by the other Party with the terms of this Agreement thereafter.
7.6 No Third Party Beneficiaries. This Agreement is made an entered into for the
sole protection and benefit for the Parties and their successors and assigns. No other person shall
have any right of action based upon any provision of this Agreement.
7.7 Force Majeure. Upon the Effective Date of this Agreement, neither Party shall
be deemed to be in default where failure or delay in performance of any of its obligations under
this Agreement is caused by earthquakes, other acts of God, fires, wars, riots or similar
hostilities, strikes and other labor difficulties beyond the party's control (including the Party's
employment force), court actions (such as restraining orders or injunctions), or other causes of a
similar nature beyond the Party's reasonable control. If any such events shall occur, the term of
this Agreement and the time for performance shall be extended for the duration of each such
event, provided that the term of this Agreement shall not extended under any circumstances of
more than five (5) years.
7.8 Mutual Covenants. The covenants contained herein are mutual covenants and
also constitute conditions to the concurrent or subsequent performance by the Party benefited
thereby of the covenants to be performed hereunder by such benefited Party.
7.9 Covenant Not to Sue. The Parties to this Agreement, and each of them, agree
that this Agreement and each term hereof is legal, valid, binding, and enforceable. The Parties to
this Agreement, and each of them, hereby covenant and agree that each of them will not
commence, maintain, or prosecute any claim, demand, cause of action, suit, or other proceeding
against any other Party to this Agreement, in law or in equity, or based on an allegation, or assert
in any such action that this Agreement or any term hereof is void, invalid, or unenforceable.
7.10 County Property as a Private Undertaking. It is specifically understood and
agreed by and between the Parties that the use of the County Property is a private development,
that neither Party is acting as the agent of the other in any respect hereunder, and that each Party
is an independent contracting entity with respect to the terms, covenants and conditions
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Copy to:
Manatt, Phelps and Phillips, LLP
695 Town Center Drive, 14th Floor
Costa Mesa, CA 92626
Attn: Roger A. Grable, Esq.
Facsimile: (714) 371-2537
7.14 Non -liability of City Officials. No officer, official, member, employee, agent, or
representatives of the City shall be liable for any amounts due hereunder, and no judgment or
execution thereon entered in any action hereon shall be personally enforced against any such
officer, official, member, employee, agent, or representative.
7.15 Time of the Essence. The Parties expressly acknowledge and that time is of the
essence in the performance of the provisions of this Agreement.
7.16 Execution Date. The Execution Date of this Agreement is that date on which all
parties have executed this Agreement.
7.17 Effective Date/Condition Subsequent. This Agreement shall go into effect upon
the Execution Date.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day
and year first set forth above.
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STATE OF CALIFORNIA )
SS.
COUNTY OF )
On 2005, before , a Notary Public, personally
appeared , personally known to me -OR- [ ] proved
to me on the basis of satisfactory evidence to be the person whose name is subscribed to the
within instrument and acknowledged to me that he executed the same in his authorized capacity,
and that by his signature on the instrument the person, or the entity upon behalf of which the
person acted, executed the instrument.
Witness my hand and official seal.
Signature of Notary
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Exhibit A
Legal Description
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Exhibit C
Specific Minor Modifications
• Gazebo - the construction of a permanent Gazebo in the center courtyard of the
existing Hacienda to support existing operations and functions of the Conference
Center/Wellness Center. The Gazebo design will be complementary to the
Spanish style of the Hacienda. If would include a permanent roof with a seating
area for up to 400 people as well as a presentation area for the types of events that
already occur at Rancho Capistrano. The Gazebo will be designed to allow for the
inclusion of side panels that would allow for the Gazebo to be enclosed depending
on weather and the type of event. The side panels may be sliding glass panels or
solid panels and may be included iti the initial construction of the Gazebo or could
be installed later after the initial construction is complete. -
• Rancho Capistrano School Facility - Remodeling of an existing approximately
5,000 sq. foot Rancho Capistrano campus maintenance facility into
classrooms/meeting rooms and multi-purpose use area. The existing structure is
wood frame and stucco. The primary remodeling will be to the interior space of
the building. Remodeled entries may be included. The remodeled building will
serve the existing permitted school enrollment.
• Relocated Maintenance Facility - The existing maintenance facility would be
relocated at a similar size and configuration.
• Rancho Capistrano School: Sports/Multi-Purpose Pavilion - Construction of
an approximate 6,000 to 8,000 sq. foot permanent sports/multi-purpose covered
pavilion to support the existing permitted school enrollment located in the same
area as the existing school facilities. This Pavilion will have a permanent roof and
open-air sides and a hard surface floor. It will be used for sports such as
basketball and volleyball, and will also be use for other school and Rancho
Capistrano gatherings. As with the Gazebo, the Pavilion will be designed to
allow for the inclusion of side panels that would allow for the Pavilion to be
enclosed depending on weather and the type of event. The side panels may be
sliding glass panels or solid panels and may be included in the initial construction
of the Pavilion or could be installed later after the initial construction is complete.
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RESOLUTION NO. 06-01-17-0 s
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, INITIATING ANNEXATION PROCEEDINGS
AND PREZONING AND APPROVING A PROPERTY TAX EXCHANGE
AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND
THE COUNTY OF ORANGE FOR THE RANCHO CAPISTRANO
PROPERTY (CRYSTAL CATHEDRAL MINISTRIES)
WHEREAS, the City of San Juan Capistrano ("the City") desires to initiate
proceedings with the Local Agency Formation Commission, pursuant to Section 56000
et seq. of the California Government Code, for the annexation to the City of the
unincorporated territory referred to as the Rancho Capistrano Property as shown on
Exhibit A attached hereto and by this reference incorporated herein, further described
as Assessor Parcel Numbers 637-082-64, -65, -66, -67, and -68; and
WHEREAS, the proposed annexation area is within the City's Sphere of
Influence and is designated in the City's General Plan as "PC — Planned Community';
and
WHEREAS, Section 9-2.333 of Title 9 of the Municipal Code requires that
consideration of prezonings prior to annexation be initiated by the City Council; and
WHEREAS, the reasons for this proposed annexation are to increase the
economy and efficiency of government services, the coordination of land planning in the
area, and the enhancement of community identity, and to create more logical City
boundaries by eliminating an island of unincorporated territory; and
WHEREAS, California Revenue and Taxation Code Section 99 allows cities and
counties to adopt and approve property tax exchange agreements to set forth the
exchange of such revenues following the addition to a city of previously unincorporated
territory; and
WHEREAS, the County of Orange's Library Fund and the Structural Fire Fund
will remain unchanged since the City of San Juan Capistrano is a structural fire fund city
and a member of the Orange County Public Library system; and
WHEREAS, the County and City staffs have reached agreement, subject to
Board of Supervisors and City Council approval, regarding the exchange of property tax
as a result of the annexation of the unincorporated territory by the City, whereby upon
annexation by the City, the City shall receive 43,8931% of the property tax and the
County shall receive 56.1069% of the 1 % basic levy of property tax generated within the
area to be annexed, pursuant to Master Property Tax Transfer Agreement 80-2092.
Page 1 of 2 01-17-2006
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NOW THEREFORE, BE IT RESOLVED that the City Council of the City of San
Juan Capistrano does hereby initiate an application for the Rancho Capistrano
Annexation, described herein and shown on Exhibit A, and requests that the Local
Agency Formation Commission take the necessary actions to process the annexation in
accordance with the Cortese -Knox -Hertzberg Local Government Reorganization Act of
2000.
BE IT FURTHER RESOLVED that the City Council of the City of San Juan
Capistrano does hereby initiate consideration of prezoning for the property, to be
consistent with the 'Planned Community" General Plan designation on the property.
BE IT FURTHER RESOLVED that the City Council of the City of San Juan
Capistrano does hereby approve the property tax exchange agreement reached
between the City of San Juan Capistrano and the County of Orange, whereby, upon
completion of the reorganization and annexation of the Rancho Capistrano
unincorporated area to the City of San Juan Capistrano, City shall receive 43.8931%
and the County of Orange shall receive 56.1069% of the 1 % basic levy of property tax
from the annexed area pursuant to Master Property Tax Transfer Agreement 80-2092.
PASSED, APPROVED AND ADOPTED this 17th day of January, 2006.
DAVID M. S ERDLIN, MAYOR
ATTEST:
-4 4 A
R. MONAHAN, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do hereby certify
that the foregoing Resolution No. 06-01-17-05 was dulyadopted by the City Council of the City of San Juan
Capistrano at a Regular meeting thereof, held the 17`h day of January 2006, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL EMBER:
ABSENT: COUNCIL P41EMBIM N
R. MONAHAN, City
Hart, Bathgate, Soto, Allevato and Mayor Swerdlin
None
Page 2 of 2
01-17-2006
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AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA, )
) ss.
County of Orange )
I am a citizen of the United States and a resident
of the County aforesaid; I am over the age of
eighteen years, and not a party to or interested
in the above entitled matter. I am the principal
clerk of the Capistrano Valley News , a
newspaper that has been adjudged to be a
newspaper of general circulation by the Superior
Court of the County of Orange, State of
California, on June 7, 1984, Case No. A-122949
in and for the City of San Juan Capistrano,
County of Orange, State of California; that the
notice, of which the annexed is a true printed
copy, has been published in each regular and
entire issue of said newspaper and not in any
supplement thereof on the following dates, to
wit:
September 28, 2006
°I certify (or declare) under the penalty of
perjury under the laws of the State of California
that the foregoing is true and correct':
Executed at Santa Ana, Orange County,
California, on
Date: September 28, 2006
Signature
�� Lr
Capistrano Valley News
625 N. Grand Ave.
Santa Ana, CA 92701
(714)796-2209
• !aOn I?ST
PROOF OF PUBLICATION
RECEIVED
?Nh OCT I I P 2: 34
CITY CLERK
SAN JUAN CAPISTRANO
Proof of Publication of
Cm OF li JOAN CAPISTRANO
ADOPTION OF ORDINANCE NO. 916
Notice is hereby given that on September 19, 2096 the Cf6ryy
Council account Ordinance No. 916 amidst, 'AN ORDI-
NANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING A PREANNEXATION AGREE'
MENT FOR THE RANCHO CAPISTRANO ANNEXATION
(CRYSTAL CATHEDRAL MINISTRIES).`
and adopts the
a
Ordlnatwe Ne. 916 was adopted by the h>fbwing vote
AYES: Council Members: naMgate, Soto, and Mayor
Swardlin
NOES: Council Members: None
ASSENT: Council Members: Had. Alleveto
A certified copy of Ne complete teat of the Ordinance Is
Dated: September 20. 2006
/a/ Margaret R. Manahan, Day Clerk
Publish: Capistrano Valley News, September 26, 2006
61615,16 &167
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NOTICE OF TRANSMITTAL
CAPISTRANO VALLEY NEWS
Legal Publications
CHARGE TO ACCOUNT NO.
FOR PUBLICATION ON:
DOCUMENT TO BE PUBLISHED
0041125000
THURSDAY, September 28, 2006
CITY OF SAN JUAN CAPISTRANO
ADOPTION OF ORDINANCE NO. 916
PREANNEXATION AGREEMENT FOR RANCHO CAPISTRANO
ANNEXATION, CRYSTAL CATHEDRAL MINISTRIES
PROOF OF PUBLICATION:
AUTHORIZED BY:
DATE: September
Date of Ordinance Adoption
Date Summary of Adoption
Ordinance Published
Date Certified Copy of Introduced
Ordinance Posted in City Clerk's
Office
Date Certified Copy of Adopted
Ordinance Posted in City Clerk's
Office
Date Affidavit Received
Please send to:
City Clerk's Office, City Hall
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
fax (949) 493-1053/telephone (949) 493-1171
MONAHAN. CITY
Date notice posted in
designated posting places (3)
09/19/)
09/28/062/�
08/24/t 6
09/19/0
- 09/28/06
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CITY OF SAN JUAN CAPISTRANO
ADOPTION OF ORDINANCE NO. 916
Notice is hereby given that on September 19, 2006 the City Council adopted Ordinance
No. 916 entitled: "AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING A PREANNEXATION AGREEMENT FOR THE RANCHO
CAPISTRANO ANNEXATION (CRYSTAL CATHEDRAL MINISTRIES)."
Adoption of this Ordinance approves and adopts the Preannexation Agreement
concerning 92 acres of unincorporated territory located on the west side of Camino
Capistrano, approximately 1.2 miles north of Juniper Serra Road, known as Rancho
Capistrano. The agreement is between the City of San Juan Capistrano and Crystal
Cathedral Ministries, a California nonprofit religious organization and addresses use of
the property, requested land use changes, among other terms.
Ordinance No. 916 was adopted by the following vote:
AYES: Council Members: Bathgate, Soto, and Mayor Swerdlin
NOES: Council Members: None
ABSENT: Council Members: Hart, Allevato
A certified copy of the complete text of the Ordinance is posted and may be read in the
City Clerk's Department, 32400 Paseo Adelanto, San Juan Capistrano, and/or a copy
may be obtained from that office at a nominal charge.
Dated: September 20, 2006
/s/ Margaret R. Monahan, City Clerk
Publish: Capistrano Valley News, September 28, 2006
E
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA, )
) ss.
County of Orange )
I am a citizen of the United States and a resident
of the County aforesaid; I am over the age of
eighteen years, and not a party to or interested
in the above entitled matter. I am the principal
clerk of the Capistrano Valley News , a
newspaper that has been adjudged to be a
newspaper of general circulation by the Superior
Court of the County of Orange, State of
California, on June 7, 1984, Case No. A-122949
in and for the City of San Juan Capistrano,
County of Orange, State of California; that the
notice, of which the annexed is a true printed
copy, has been published in each regular and
entire issue of said newspaper and not in any
supplement thereof on the following dates, to
wit:
September 14, 2006
"I certify (or declare) under the penalty of
perjury under the laws of the State of California
that the foregoing is true and correct":
Executed at Santa Ana, Orange County,
California, on
Date: September 14, 2006
Signature
Capistrano Valley News
625 N. Grand Ave.
Santa Ana, CA 92701
(714)796-2209
PROOF OF PUBLICATION
RECEIVED
?Bib OCT —4 P 2: 34,
CITY CLEkK
SAN JUAN CAPISTRANO
Proof of Publication of
CRY OF SAN JOAN CAPI FIRANO
INIROOOCTION OF AN OROINANCIR
hereby Chan that on Seplember 5, 2098
AN ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING THE LAND
USE CODE AND OFFICIAL ZONING MAP TO
PREZONE 92 ACRES OF UNINCORPORATED TERRIF
TORY LOCATED ON THE WEST SIDE OF CAMINO
CAPISTRANO APPROXIMATELY 1.2 MILES NORTH
OF JUNIPERO SERRA ROAD AS PLANNED COMMUN-
irY (PCI AND REVISING TABLE 3-15 OF TITLE 9 OF
THE MUNICIPAL CODE TO INCLUDE SCHOOLS ASA
PERMITTED ACCESSORY USE FOR RETREAT
CENTERS(RANCHO CAPISTRANO: RZ 08-04)
1 Septem�ber 19, 2006, the Clry Council of lire City of San
pan Oapisireno vriil consider Ina adoption of Ifs ordl-
acres of uninhabited,
am o the city's north -
thence approves an
lunkipal Code (Lend
Ueea In the Planned
of Bate l with the pri-
A certified copy of Ie complete find m Ne Ordinance is
pasted and maeyy be read in Ie City Clark's De m,
324011 Paseo Adelento, Sen Juan Capiahano, and or a copy
may be obtained tram that office N a nominal charge.
Dated: September 5, 20W
/s/ Margaret R. Monahan, City Clark
Publish: Capistranro Valley News, September 14, 2006
S1SSW1 &179
C�
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA, )
) ss.
County of Orange )
I am a citizen of the United States and a resident
of the County aforesaid; I am over the age of
eighteen years, and not a party to or interested
in the above entitled matter. I am the principal
clerk of the Capistrano Valley News, a
newspaper that has been adjudged to be a
newspaper of general circulation by the Superior
Court of the County of Orange, State of
California, on June 7, 1984, Case No. A-122949
in and for the City of San Juan Capistrano,
County of Orange, State of California; that the
notice, of which the annexed is a true printed
copy, has been published in each regular and
entire issue of said newspaper and not in any
supplement thereof on the following dates, to
wit:
September 28, 2006
"I certify (or declare) under the penalty of
perjury under the laws of the State of California
that the foregoing is true and correct":
Executed at Santa Ana, Orange County,
California, on
Date: September 28, 2006
Signature
Capistrano Valley News
625 N. Grand Ave.
Santa Ana, CA 92701
(714) 796-2209
•
PROOF OF PUBLICATION
RECEIVED
168h OCT I I P 2: 39
CITY CLERK
SAN JUAN CAPISTRANO
Proof of Publication of
CITY OF SAN JUAN CAPISTRANO
ADOPTION OF ORDINANCE NO. 915
Adoption of this Ordinance pre -zones apprommately 92
acres of uninhabited, unincorporated territory, located atlls-
cem to the Cry's northwest boundary. This ordinance ap-
prowis an amendment to Me 9 a Me City's Municipal
Cotla (Lantl Use Cada). Table 8-15 (entitle Interim Uses in
the Plannatl Community District) to include schools affiliated
with the primary use.
Ordinance Na. 915 was adopted by the following vale
AYES: Council Members: Bathgate, Soto, and Mayor
Swartllin
NOES. Council Members: None _
ABSENT: Council Members: Hart, Allevato
A canilied copy of Me complete tet of the Ordinance is
past entl meY be mad in the City Clerk's Departmem
32400 Paseo Atlelardo, San Juan Capistrano, andoV a copy
may be obtained from that pace N a nominal charge.
Dated: September 20, 2006
/s/ Margaret R. Monahan, City Clerk
Publish: Capistrano Valley News, September 28, 2008
8167513 3188
0
0
NOTICE OF TRANSMITTAL
CAPISTRANO VALLEY NEWS
Legal Publications
CHARGE TO ACCOUNT NO.
FOR PUBLICATION ON:
DOCUMENT TO BE PUBLISHED:
0041125000
THURSDAY, September 28, 2006
CITY OF SAN JUAN CAPISTRANO
ADOPTION OF ORDINANCE NO. 915
LAND USE CODE AND OFFICIAL ZONING MAP TO PREZONE 92
ACRES OF UNINCORPORATED TERRITORY, RANCHO
CAPISTRANO: RZ 06-04
PROOF OF PUBLICATION:
AUTHORIZED BY:
DATE: September
Date of Ordinance Adoption
Date Summary of Adoption
Ordinance Published
Date Certified Copy of Introduced
Ordinance Posted in City Clerk's
Office
Date Certified Copy of Adopted
Ordinance Posted in City Clerk's
Office
Date Affidavit Received
Date notice posted in
designated posting places (3)
Please send to:
City Clerk's Office, City Hall
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
fax (949) 493-1053/telephone (949) 493-1171
CITY CLERK
09/19/0
09/28/06L PD
08/24/06
09/19/Od
09/28/O6�
CITY OF SAN JUAN CAPISTRANO
ADOPTION OF ORDINANCE NO. 915
Notice is hereby given that on September 19, 2006 the City Council adopted Ordinance
No. 915 entitled: "AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING THE LAND USE CODE AND OFFICIAL ZONING MAP TO
PREZONE 92 ACRES OF UNINCORPORATED TERRITORY LOCATED ON THE
WEST SIDE OF CAMINO CAPISTRANO APPROXIMATELY 1.2 MILES NORTH OF
JUNIPERO SERRA ROAD AS PLANNED COMMUNITY (PC), AND REVISING TABLE
3-15 OF TITLE 9 OF THE MUNICIPAL CODE TO INCLUDE SCHOOLS AS A
PERMITTED ACCESSORY USE FOR RETREAT CENTERS(RANCHO CAPISTRANO:
RZ 06-04)."
Adoption of this Ordinance pre -zones approximately 92 acres of uninhabited,
unincorporated territory, located adjacent to the city's northwest boundary. This
ordinance approves an amendment to Title 9 of the City's Municipal Code (Land Use
Code), Table 3-15 (entitle Interim Uses in the Planned Community District) to include
schools affiliated with the primary use.
Ordinance No. 915 was adopted by the following vote:
AYES: Council Members: Bathgate, Soto, and Mayor Swerdlin
NOES: Council Members: None
ABSENT: Council Members: Hart, Allevato
A certified copy of the complete text of the Ordinance is posted and may be read in the
City Clerk's Department, 32400 Paseo Adelanto, San Juan Capistrano, and/or a copy
may be obtained from that office at a nominal charge.
Dated: September 20, 2006
/s/ Margaret R. Monahan, City Clerk
Publish: Capistrano Valley News, September 28, 2006
U
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA, )
4 ) ss.
County of Orange )
I am a citizen of the United States and a resident
of the County aforesaid; I am over the age of
eighteen years, and not a party to or interested
in the above entitled matter. I am the principal
clerk of the Capistrano Valley News , a
newspaper that has been adjudged to be a
newspaper of general circulation by the Superior
Court of the County of Orange, State of
California, on June 7, 1984, Case No. A-122949
in and for the City of San Juan Capistrano,
County of Orange, State of California; that the
notice, of which the annexed is a true printed
copy, has been published in each regular and
entire issue of said newspaper and not in any
supplement thereof on the following dates, to
wit:
August 24, 2006
"I certify (or declare) under the penalty of
perjury under the laws of the State of California
that the foregoing is true and correct":
Executed at Santa Ana, Orange County,
California, on
Date: August 24, 2006
Signature
Capistrano Valley News
625 N. Grand Ave.
Santa Ana, CA 92701
(714)796-2209
Proof of Publication of
HWnCE OF
1 PUBLIC NEARING
CRY OF SAN JUAN CAPIWrRANO
on to Stn day of September, 2006, Id 7:00 P.M. In
sea Adelarlo, San Juen Capistrano, Caltum{s, the
on the following:
greensward, and Cots Annie tlment
Prexoning of Approximately 92 Acres of unincorporated Territory, Amending the official
Zoning Map to Designate Me Area as 'PC' (Planned Community). The Property is Located
on the West Side of Camino Capistrano Approximately 1.2 Miles North of Junipero Sana
(APNs 637-M-64,.65,.66, i7, and -68). Included
with the pre aning are a preannexation agree-
ment and an amendment o the tend Use Code. 1O°
The purpose of Me prezoning is o apply a City
zoning designation to Me property in prepara-
tion to annexation of the property to Me City,
The oroposed'PC' zoning, preannexation agree-
ment and code amendment are Imbibed to allow
lent uses and development al ready permitted un-
der entitlements granted by the County, includ-
ing a religious retreat career, school, and reseed
land uses.
Those desiring to be heart in favor of, or op-
poation o, thhsaem will be poen an opportuni-
ty to do w during such hearing. Woltenin-
fometion pertaining o MIs sem must be wb-
mitted o the Cay CIeM by 12:00 p.m., en
Tuesday, Se amber 5, 2006 ar 32400 Paseo
Adelano, San Juan CePislreno, CA 92fi75.
Individuals desiring to - submti late written im
formation at Me meeting must orally request
such action.
_ mono®auhcro
® "'.,'v _ i CMIBIMXOMYIEX111
For furter Inlarmation you may contact Larry Lawrence, Contract Planner,
phone: (949) 661-8175; a -mall: Lx4(jPsbcglobal.rot.
Margaret R. Monahan
MARGARET R. M.' AN, CITY LERK
Published: Capistrano Valley News, August 24;7006 8131250 3-161)
PROOF OF PUBLICATION
RECEIVED
C
700b SEP —b P 3' Oq'
�
Cil'; GfLttri
SAN JUAi>I CAPISTRANO
Proof of Publication of
HWnCE OF
1 PUBLIC NEARING
CRY OF SAN JUAN CAPIWrRANO
on to Stn day of September, 2006, Id 7:00 P.M. In
sea Adelarlo, San Juen Capistrano, Caltum{s, the
on the following:
greensward, and Cots Annie tlment
Prexoning of Approximately 92 Acres of unincorporated Territory, Amending the official
Zoning Map to Designate Me Area as 'PC' (Planned Community). The Property is Located
on the West Side of Camino Capistrano Approximately 1.2 Miles North of Junipero Sana
(APNs 637-M-64,.65,.66, i7, and -68). Included
with the pre aning are a preannexation agree-
ment and an amendment o the tend Use Code. 1O°
The purpose of Me prezoning is o apply a City
zoning designation to Me property in prepara-
tion to annexation of the property to Me City,
The oroposed'PC' zoning, preannexation agree-
ment and code amendment are Imbibed to allow
lent uses and development al ready permitted un-
der entitlements granted by the County, includ-
ing a religious retreat career, school, and reseed
land uses.
Those desiring to be heart in favor of, or op-
poation o, thhsaem will be poen an opportuni-
ty to do w during such hearing. Woltenin-
fometion pertaining o MIs sem must be wb-
mitted o the Cay CIeM by 12:00 p.m., en
Tuesday, Se amber 5, 2006 ar 32400 Paseo
Adelano, San Juan CePislreno, CA 92fi75.
Individuals desiring to - submti late written im
formation at Me meeting must orally request
such action.
_ mono®auhcro
® "'.,'v _ i CMIBIMXOMYIEX111
For furter Inlarmation you may contact Larry Lawrence, Contract Planner,
phone: (949) 661-8175; a -mall: Lx4(jPsbcglobal.rot.
Margaret R. Monahan
MARGARET R. M.' AN, CITY LERK
Published: Capistrano Valley News, August 24;7006 8131250 3-161)
AUG -17-2006 12:15 0
0
7147962238 P.01i01
Post-ite Fax Note
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NOTICE OF
i PUBLIC HEARING
CITY OF BAN JUAN CAPISTRANO
ECEIVED
?gob AUG I I P r 59
CITY CLERK
SAN JUAN CAPISTRANO
NOTICE IS HEREBY GIVEN, that on the 5th day of September, 2006, at 7:00 P.M. in
the City Council Chamber, 32400 Paseo Adelanto, San Juan Capistrano, California, the
City Council will hold a public hearing on the following:
Rezone 0604, Preannezation Agreement, and Code Amendment
(Sehaller " Ranebo Capistrano)
Prezoning of Approximately 92 Acres of Unincorporated Territory, Amending the Official
Zoning Map to Designate the Area as "PC" (Planned Community). The Property is Located
on the West Side of Camino Capistrano Approximately 1.2 Miles North of Junipero Serra
(APNs 637.082.64, -65, -66, -67, and -68). Included
with the prezoning are a preannexation agree-
ment and an amendment to the Land Use Code
The purpose of the prezoning is to apply a City
zoning designation to the property in prepara-
tion to annexation of the property to the City.
The proposed "PC" zoning, preannexation agree-
ment and code amendment are intnded to allow
land uses and development al ready permitted un-
der entitlements granted by the County, includ-
ing a religious retreat center, school, and related
land uses.
Those desiring to be heard in favor of, or op-
position to, thisitem will be given an opportum-
ty to do so during such hearing. Written in-
formation pertaining to this item must be sub-
mitted to the City Clerk by 12:00 p.m., on
Tuesday, September 5, 2006 at 32400 Paseo
Adelanto San Juan Capistrano, CA 92675.
Individuals desiring to submit tate written in-
formation at the meeting must orally request
such action.
For further information you may contact Larry Lawrence, Contract Planner;
phone: (949) 661-8175; e-mail: Lx4&sbcglobal.net.
Margaret R. Monahan
MARGARET R. MONAHAN, CITY CLEAR
Published: Capistrano Valley News, August 24, 2006 B131250 3.160
3x ss = ��s 1114®Q 1 � azr�
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• 9/19/2006
AGENDA ITEM D9
TO: Dave Adams, City Manager Gill
FROM: William Cunningham, Interim Planning Director
SUBJECT: Indemnification Agreement for Application to Annex Approximately 92
Acres of Uninhabited Unincorporated Territory for Property Located on the
West Side of Camino Capistrano Approximately 1.2 Miles North of
Junipero Serra Road (APNs 637-082-64, -65, -66, -67, and -68). (Rancho
Capistrano) (Crystal Cathedral Ministries).
RECOMMENDATION
By motion, approve an Indemnification Agreement with the Local Agency Formation
Commission (LAFCO) as part of the annexation proceedings for 92 acres of uninhabited
territory to the City, and authorize the Mayor to execute the Agreement.
PROPERTY OWNER
Crystal Cathedral Ministries
Roger A. Grable
Cheryl Ellison
13280 Chapman Avenue
Manatt, Phelps & Phillips, LLP
Rancho Capistrano Ministries
Garden Grove, 92840
695 Town Center Drive,
29251 Camino Capistrano
Fourteenth Floor, Costa
San Juan Capistrano, CA
Mesa, CA 92626
92675
714-371-2537
SITUATION
The property known as Rancho Capistrano, owned and operated by Crystal Cathedral
Ministries as a retreat center, school, and related facilities, is located at the
northernmost border of the City along Camino Capistrano. On September 5, 2006, the
City Council introduced ordinances to prezone the property, adopt an associated code
amendment, and approve a preannexation agreement with the property owner.
The Orange County Local Agency Formation Commission (LAFCO) is responsible for
processing annexation applications within the County. A standard part of their
application submission package is an indemnification agreement which holds LAFCO
harmless in the event that there is, "... any claim, action, or proceeding ..., the purpose
of which is to attack, set aside, void, or annul the approval of this application or adoption
of the environmental document which accompanies it..." This is the same type of
agreement that the City requires of applicants for entitlements such as subdivision
maps.
The full agreement is attached. It is to be executed by the applicant, in this case the
City, and the property owner.
Agenda Report: LAFCO Anification Agreement -2- . September 19, 2006
In view of the fact that the agreement is a standard element of all annexation
applications, staff recommends that the City Council authorize the Mayor to execute it.
COMMISSION/BOARD REVIEW AND RECOMMENDATIONS
Not applicable
FINANCIAL CONSIDERATIONS
Not applicable.
PUBLIC NOTIFICATION
None required
RECOMMENDATION
By motion, approve an Indemnification Agreement with the Local Agency Formation
Commission (LAFCO) as part of the annexation proceedings for 92 acres of
uninhabited territory to the City, and authorize the Mayor to execute the Agreement.
Respectfully Submitted,
William Cunni�5gham
Interim Planning Director
Prepared By,
twrence
Consulting Case Planner
Attachments: 1. Indemnification Agreement.
0
0
INDEMNIFICATION AGREEMENT
As part of this application, applicant and real party in interest, if different, agree to
defend, indemnify, hold harmless, and release the Orange County Local Agency Formation
Commission, its agents, officers, attorneys, and employees from any claim, action, or proceeding
brought against any of them, the purpose of which is to attack, set aside, void, or annul the
approval of this application or adoption of the environmental document which accompanies it.
This indemnification obligation shall include, but not be limited to, damages, costs, expenses,
attorney fees, or expert witness fees that may be asserted by any person or entity, including the
applicant, arising out of or in connection with the approval of this application, whether or not
there is concurrent passive or active negligence on the part of the Orange County Local Agency
Formation Commission, its agents, officers, attorneys, or employees.
Executed at , California on day of 2006.
APPLICANT
By:
Title:
Mailing Address:
REAL PARTY IN INTEREST
(If different from Applicant)
C
Title:
Mailing Address:
ATTACHMENT
9/19/2006
12
AGENDA REPORT
TO: Dave Adams, City Manager
FROM: Meg Monahan, City Clerk
SUBJECT: Consideration of Adopting an Ordinance Approving a Pre -Annexation
Agreement for the Rancho Capistrano Annexation (Crystal Cathedral
Ministries)
RECOMMENDATION:
Following reading of the Ordinance title by the City Clerk,
by motion, approve second reading and adoption of an ordinance entitled, "AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,- CALIFORNIA,
APPROVING A PREANNEXATION AGREEMENT FOR THE RANCHO CAPISTRANO
ANNEXATION."
SITUATION:
On September 5, 2006 the City Council approved introduction and first reading of an
ordinance that pre -zones unincorporated property located adjacent to the northwesterly
City boundary, on the west side of Camino Capistrano, approximately 1.2 miles north of
Junipero Serra Road. In a related action, the City Council approved first reading and
introduction of an ordinance approving a pre -annexation agreement with the property
owner, Crystal Cathedral Ministries. In order for the ordinance to be adopted, the City
Council must take formal action to approve the second reading and adoption of the
ordinance. The ordinance will go into effect 30 days following the City Council's action.
NOTIFICATION: The City Clerk's office will arrange for required publication and posting
of notices related to the City Council's adoption of an ordinance.
RECOMMENDATION:
Following reading of the Ordinance title by the City Clerk,
0 •
Agenda Report
Page 2 September 19, 2006
by motion, approve second reading and adoption of an ordinance entitled, "AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING A PREANNEXATION AGREEMENT FOR THE RANCHO CAPISTRANO
ANNEXATION."
Respectfully submitted,
Meg Wnahan\City Clerk
Attchment:
1. Ordinance
0
ORDINANCE NO.
0
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING A PREANNEXATION
AGREEMENT FOR THE RANCHO CAPISTRANO ANNEXATION
RANCHO CAPISTRANO MINISTRIES)
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO HEREBY ORDAINS
AS FOLLOWS:
WHEREAS, on January 17, 2006, the San Juan Capistrano City Council initiated
annexation and prezoning proceedings for the Rancho Capistrano property, shown
attached hereto as Exhibit "A", and referred the prezoning to the Planning Commission
for review and recommendation; and
WHEREAS, a Preannexation Agreement has been prepared to specify the
permitted uses and entitlements which will apply to the property after annexation; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA) and the
CEQA Guidelines, the City's planning staff completed an Initial Study for the above -
referenced project, determined that the Prezoning, Preannexation Agreement and Code
Amendment will not result in a significant impact on the environment, and accordingly
drafted a Negative Declaration for the subject applications; and
WHEREAS, on August 8, 2006, the Planning Commission conducted a duly -
noticed public hearing regarding the preceding applications and forwarded them to the
City Council with recommendations of approval; and
WHEREAS, the City staff and the City's consulting project manager have
prepared a detailed staff report on the application to the City Council; and
WHEREAS, on September 5, 2006, the City Council held a public hearing and
considered the proposed Preannexation Agreement together with the associated
Prezoning and Code Amendment, the recommendation of the Planning Commission,
and the evidence and arguments submitted by the City staff, the property owner, and all
interested parties. A notice of time, place and purpose of the public hearing was duly
given and testimony was presented to and considered by the City Council at the public
hearing.
SECTION 1: Findings Regarding Environmental Review.
Pursuant to CEQA Guidelines Section 15063, an Initial Study has been prepared
for this project. After reviewing the Initial Study, the proposed Negative Declaration, and
all comments received during the public review process, the City Council hereby:
1. Determines that the project will not have a significant impact on the environment.
Page 1 of 3
Attachment 1
0 •
2. Adopts the Negative Declaration, attached to the City Council staff report on the
subject project dated September 9, 2006, reflecting the independent judgment of
the City of San Juan Capistrano. Records relating to the Initial Study and
Negative Declaration are retained in the Planning Department of the City of San
Juan Capistrano.
3. Determines, pursuant to Title 14, California Code of Regulation Section
753.5(c)(1), that, after considering the record as a whole, there is no evidence
that the proposed project will have the potential for any adverse effect on wildlife
resources or the habitat upon which the wildlife depends. Furthermore, on the
basis of substantial evidence, the City Council finds that any presumption of
adverse impact has been adequately rebutted, and therefore, pursuant to Fish
and Game Code Section 711.2 and Title 14, California Code of Regulations
Section 753.5(a)(3), determines that the project shall not be required to pay Fish
and Game Department filing fees.
SECTION 2. Findings Regarding Preannexation Agreement.
The City Council hereby finds as follows with regard to the Preannexation
Agreement:
1. Adoption of the Preannexation Agreement is consistent with the General Plan
designation of Planned Community, which allows Public Institutional uses,
including religious retreat centers, wellness centers, and schools, because all the
uses permitted by the Agreement are consistent with the PC land use
designation.
2. The Preannexation Agreement is consistent with the Land Use Code, because
the Planned Community (PC) District allows Religious Retreat Centers and a
concurrent Land Use Code Amendment allows schools affiliated with this use.
3. The Preannexation Agreement will promote orderly development and service
area boundaries by eliminating a County "island" within the City's sphere of
Influence.
SECTION 3. Approval and Adoption of Annexation Agreement.
The City Council does hereby approve and adopt the Preannexation Agreement,
which is attached as Exhibit "B" 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. Effective Date
This Ordinance shall take effect and be in force thirty (30) days after its passage.
Page 2 of 3 09/19/2006
0 •
SECTION 5. 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 19th day of September, 2006.
DAVID SWERDLIN, MAYOR
ATTEST:
MARGARET R. MONAHAN, CITY CLERK
Page 3 of 3 09/19/2006
0 0
PREANNEXATION ORDINANCE EXHIBIT A:
RANCHO CAPISTRANO PREZONING MAP
RANCHO CAPISTRANO PREZONING:
"PC PLANNED COMMUNITY"
WE
A N
0
0
PREANNEXATION ORDINANCE EXHIBIT B:
PREANNEXATION AGREEMENT
Recording Requested by And When Recorded Return to:
Meg Monahan
City Clerk
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, Ca. 92675
[Exempt From Recording Fees-G.C. 6103]
PREANNEXATION AGREEMENT
This Preannexation Agreement ("Agreement") is made this day of
2006 (the "Execution Date"), by and between the City of San Juan Capistrano ("City") and
Crystal Cathedral Ministries, a California nonprofit religious organization ("Owner"). The
City and Owner are also referred to as "Parties" and individually as a "Party".
RECITALS
Whereas, Owner owns in fee simple title approximately 90 acres of real property west of the I-5
Freeway at the northem,boundary of the City. The real property is described in Exhibit A and is
referred to herein as the "County Property'; and
Whereas, the County Property is within the jurisdiction of the County of Orange (the "County
Property") and the City has initiated annexation proceedings for the County Property pursuant to
the provisions of Government Code Sections 56375.3; and
Whereas, in conjunction with the annexation of the County Property, the City has initiated a
preannexation zone change for the County Property. The preannexation zone change
contemplates the designation of the County Property, as Planned Community (PC) and the
adoption of a Comprehensive Development Plan for the County Property which is consistent
with the City's general plan designation for the County Property; and
Whereas, the Owner is supportive of the annexation of the County Property to the City but is
concerned that the City and Owner will not be able to process a Comprehensive Development
Plan for the County Property prior to the tune the annexation of the County Property is
completed and that as a result the existing uses on the County Property will be considered to be
non -conforming uses under the zoning regulations of the City; and
Whereas, the City has no objection to the continuation of the existing uses on the County
Property and is willing to carry forward the County entitlements to those uses as provided in this
Agreement; and.
Whereas, the Parties agree that this Agreement will promote and encourage the annexation of
the County Property to the City by providing the Owner, and its successors, assigns, and lenders,
with certainty as to the Owner's ability to continue the existing uses of the Property; and
Whereas, City has found that this Agreement and the continuation of the uses on the County
Property as provided in this Agreement are consistent with the General Plan of the City; and
Whereas, the City has processed, considered, and approved a Negative Declaration in
connection with the adoption of the PC zoning designation for the County Property and this
Agreement.
NOW, THEREFORE, City and Owner mutually agree as follows:
ARTICLE 1. GENERAL PROVISIONS
1.1 Ownership of the Property. The City and Owner acknowledge and agree that
Owner has the requisite legal or equitable interest in the County Property, and thus, Owner is
qualified to enter into and be a party to this Agreement in accordance with Government Code
section 65865(b).
1.2 Assignment of Rights. Owner shall be permitted to assign or otherwise transfer
this Agreement, and its rights and obligations hereunder, to any other person, firm or entity, but
only if the prior written consent of the City or the City's delegate is obtained. Such consent of
the City shall not be unreasonably withheld. Notwithstanding any other provisions in this
Agreement, Owner or its successors in interest may assign or otherwise transfer this Agreement
and its rights and obligations hereunder to any entity or entities owned or controlled either
directly or indirectly by Owner (each such entity being a "Permitted Transferee"). Assignments
or transfers of the Agreement, or rights or obligations thereunder, to a Permitted Transferee do
not require the prior written consent of the City. As used in this subsection "owned or controlled
by" means an entity in which Owner has either a direct or indirect equitable or beneficial
ownership interest equal to at least 25%. The provisions of this Agreement shall be binding
upon and shall inure to the benefit of the Parties and their respective successors and assigns. To
the extent of the interest of the Owner, and its assigns, in the County Property, the covenants of
Owner set forth in this Agreement shall be covenants running with the land and enforceable to
the full extent permitted by applicable law.
1.3 Release Upon Transfer. With respect to any permitted assignment pursuant to
the provisions of Section 1.2, City shall release Owner from its obligations under this Agreement
and any other agreements or undertakings pertaining to the transferred portion of the County
Property, and release to Owner any bonds or other security posted to secure obligations under
such agreements or undertakings, provided the transferee expressly assumes the obligations
under such agreements and substitutes bonds or other security acceptable to City in place of the
security to be released.
1.4 Term. Unless otherwise terminated as provided in this Agreement or otherwise
provided, this Agreement shall continue in full force and effect until the adoption of a
Comprehensive Development Plan agreed to by Owner.
1.5 Exhibits. The following documents are attached to, and by this reference made a
part of, this Agreement:
4
Exhibit A Legal Description of the Property
Exhibit B - County Entitlements
Exhibit C - Specific Minor Modifications
ARTICLE 2. USE OF THE PROPERTY
2.1 Right to Continued Use of the Property. Pursuant to Government Code
sections 65865.4 and 65866, Owner is hereby granted a the right to continue to use the County
Property in accordance with the existing County development entitlements (the "County
Entitlements ") in effect as of the Execution Date of this Agreement. The County Entitlements
are described in Exhibit B attached hereto. City shall maintain a copy of the County
Entitlements and this Agreement in the property file maintained by the Planning Department for
the Property, and shall review any proposed modifications or alterations to the County property
based on the County Entitlements. To the extent the County Entitlements do not address any
particular development standard, then the applicable provisions of the City's Land Use Code
(Title 9 of the San Juan Capistrano Municipal Code) shall apply provided they are not in conflict
with the County Entitlements.
2.2 Permitted Uses. Upon annexation of the Property to the City, the County
Entitlements shall be deemed to be the applicable development regulations for the Property to the
same extent as if the County Entitlements had been adopted by City. The land uses allowed by
the County Entitlements shall be permitted to continue and such land uses shall not be deemed
non -conforming uses pursuant to Section 9-3.533 of the Land Use Code. Pursuant to
Government Code section 65866, the City in subsequent land use actions applicable to the
Property may apply new rules, regulations, and policies which do not conflict with the County
Entitlements.
2.3 Owner -Requested Land Uses Changes. The County Entitlements may be
amended from time to time by approval of a modification of the County Entitlement by the City
which approval shall not be unreasonably withheld. Minor modifications may be approved by
the Planning Director, including extensions of time; revisions to conditions of approval;
revisions and refinements of an approved permit; and new or additional buildings or structures
for the same uses as approved by the County Entitlements, provided that the permitted land uses
are not changed or substantially intensified and that such minor modifications are found to be
consistent with the City's General Plan and Land Use Code. The proposed modifications
described in Exhibit C attached hereto are considered to be minor modifications. Owner may
request, but shall not be entitled to, other changes, modifications, revisions or alterations in the
development regulations for the Property. Any such change in the development regulations for
the Property shall be subject to review and approval by the City in accordance with the San Juan
Capistrano Municipal Code (the "Municipal Code") requirements as they relate to the proposed
new development regulations. Any proposal for major changes to the land use or intensity on the
County Property, including new uses; substantial additions of floor area; significant new grading
or construction; uses involving significant numbers of users or parking requirements in excess of
the conditions existing on the date of annexation; new construction not in accordance with the
County Entitlements or the City's Land Use Code and not listed on Exhibit C; or new
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construction which is determined to be significant under the provisions of the California
Environmental Quality Act, will require the preparation of a Comprehensive Development Plan
in accordance with the applicable provisions of the Land Use Code.
ARTICLE 3. PUBLIC BENEFITS
The Parties acknowledge and agree that the annexation and use of the County Property in
accordance with the County Entitlements will not result in additional demands on public services
beyond those currently provided and that the City and County will benefit by the elimination of
the county island that is comprised of the County Property.
ARTICLE 4. REVIEW FOR COMPLIANCE
4.1 Periodic Review. The City Council may review this Agreement annually, on or
before the anniversary of the Effective Date, in the City Council's discretion, in order to
ascertain the good faith compliance by Owner, with the terms of the Agreement.
ARTICLE 5. DEFAULT AND REMEDIES
5.1 Dispute Resolution by Binding Arbitration. All disputes, claims, and questions
regarding the rights and obligations of the Parties under the terms of this Agreement, or the
breach thereof, shall be resolved solely by arbitration in Orange County, California in
accordance with the rules and procedures of Judicial Arbitration & Mediation Services, Inc.
(J.A.M.S.), by final and binding arbitration conducted before a neutral single retired judge or
justice from the J.A.M.S. panel, at a location in Orange County California, in accordance with
the J.A,M.S. rules and procedures in effect at the time such arbitration is commenced, and
judgment upon the award rendered may be entered in any court having jurisdiction thereof. If
J.A.M.S. is unable or unwilling to serve as the arbitration provider, then the parties will either
agree on a substitute provider and/or arbitrator, or one shall be appointed by the Orange County
Superior Court in accordance with the provisions of Code of Civil Procedure Section 1280 et
seq. In the event of any arbitration, the provisions of California Code of Civil Procedure Section
1283.05 are incorporated herein. The costs of the arbitration administration and the services of
the arbitrator will be shared equally by the parties, but each party shall bear its own attorneys
fees and costs, and neither will have the right to an award of such costs or fees from the other.
ARTICLE 6. MORTGAGEE PROTECTION
6.1 The Parties hereto agree that this Agreement shall not prevent or limit Owner in
any manner, at Owner's sole discretion, from encumbering the County Property or any portion
thereof or any improvement thereon by any mortgage, deed of trust or other security device
securing financing with respect to the County Property. The City acknowledges that the lenders
providing such financing may require certain Agreement interpretations and modifications and
agrees upon request, from time to time, to meet with Owner and representatives of such lenders
to negotiate in good faith any such request for interpretation or modification. Subject to
compliance with applicable laws, the City will not unreasonably withhold its consent to any such
requested interpretation or modification provided the City determine such interpretation or
modification is consistent with the intent and purposes of this Agreement.
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6.2 Any Mortgagee of the County Property shall be entitled to the following rights
and privileges:
(a) Neither entering into this Agreement nor a breach of this Agreement shall
defeat, render invalid, diminish or impair the lien of any mortgage on the County Property made
in good faith and for value, unless otherwise required by law.
(b) The Mortgagee of any mortgage or deed of trust encumbering the County
Property, or any part thereof, which Mortgagee has submitted a request in writing to the City in
the manner specified herein for giving notices, shall be entitled to receive written notification
from the City of any default by Owner in the performance of Owner's obligations under this
Agreement.
(c) If the City timely receives a request from a Mortgagee requesting a copy
of any notice of default given to Owner under the terms of this Agreement, the City shall make a
good faith effort to provide a copy of that notice to the Mortgagee within ten (10) days of
sending the notice of default to Owner. The Mortgagee shall have the right, but not the
obligation, to cure the default during the period that is the longer of (i) the remaining cure period
allowed such Party under this Agreement or (ii) thirty (30) days.
(d) Any Mortgagee who comes in to possession of the County Property, or
any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such
foreclosure, shall take the County Property, or party thereof, subject to the terms of this
Agreement. Notwithstanding any other provision of this Agreement to the contrary, no
Mortgagee shall have an obligation or duty under this Agreement to perform any of Owner's
obligations or other affirmative covenants of Owner hereunder, or to guarantee such
performance; except that (i) to the extent that any covenant to be performed by Owner is a
condition precedent to the performance of a covenant by the City, the performance thereof shall
continue to be a condition precedent to the City's performance hereunder, and (ii) in the event
any Mortgagee seeks to develop or use any portion of the Property acquired by such Mortgagee
by foreclosure, deed of trust or deed in lieu of foreclosure, such Mortgagee shall strictly comply
with all of the terms, conditions and requirements of this Agreement and the Development Plan
applicable to the County Property or such part thereof so acquired by the Mortgagee.
ARTICLE 7. MISCELLANEOUS PROVISIONS
7.1 Entire Agreement. This Agreement sets forth and contains the entire
understanding and agreement of the Parties with respect to the subject matter set forth herein,
and there are no oral or written representations, understandings or ancillary covenants,
undertakings or agreements which are not contained or expressly referred to herein. No
testimony of evidence of any such representations, understandings or covenants shall be
admissible in any proceeding of any kind or nature to interpret or determine the terms or
conditions of this Agreement.
7.2 Severability. If any word, phrase, term, provision, clause, covenant or condition
of this Agreement shall be determined invalid, void or unenforceable, the invalid provision shall
be deemed to be severable from the, remaining provisions contained within the Agreement. The
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Parties hereby state and acknowledge they would have adopted each and every provision
contained within this Agreement notwithstanding the presence of an invalid provision.
7.3 Interpretation and Governing Law. This Agreement and any dispute arising
hereunder shall be governed and interpreted in accordance with the laws of the State of
California. This Agreement shall be construed as a whole according to its fair language and
common meaning to achieve the objectives and purposes of the Parties, and the rule of
construction to the effect that ambiguities are to be resolved against the drafting party or in favor
of the City shall not be employed in interpreting this Agreement, all Parties having been
represented by counsel in the negotiation and preparation hereof.
7.4 Section Headings. All section headings and subheadings are inserted for
convenience only and shall not affect any construction or interpretation of this Agreement.
7.5 Waiver. Failure of a Party to insist upon the strict performance of any of the
provisions of this Agreement by the other Party, or the failure by a Party to exercise its rights
upon the default of the other Party, shall not constitute a waiver of such Party's right to insist and
demand strict compliance by the other Party with the terms of this Agreement thereafter.
7.6 No Third Party Beneficiaries, This Agreement is made an entered into for the
sole protection and benefit for the Parties and their successors and assigns. No other person shall
have any right of action based upon any provision of this Agreement.
7.7 Force Majeure. Upon the Effective Date of this Agreement, neither Party shall
be deemed to be in default where failure or delay in performance of any of its obligations under
this Agreement is caused by earthquakes, other acts of God, fires, wars, riots or similar
hostilities, strikes and other labor difficulties beyond the party's control (including the Party's
employment force), court actions (such as restraining orders or injunctions), or other causes of a
similar nature beyond the Party's reasonable control. If any such events shall occur, the term of
this Agreement and the time for performance shall be extended for the duration of each such
event, provided that the term of this Agreement shall not extended under any circumstances of
more than five (5) years.
7.8 Mutual Covenants. The covenants .contained herein are mutual covenants and
also constitute conditions to the concurrent or subsequent performance by the Party benefited
thereby of the covenants to be performed hereunder by such benefited Party.
7.9 Covenant Not to Sue. The Parties to this Agreement, and each of them, agree
that this Agreement and each term hereof is legal, valid, binding, and enforceable. The Parties to
this Agreement, and each of them, hereby covenant and agree that each of them will not
commence, maintain, or prosecute any claim, demand, cause of action, suit, or other proceeding
against any other Party to this Agreement, in law or in equity, or based on an allegation, or assert
in any such action that this Agreement or any term hereof is void, invalid, or unenforceable.
7.10 County Property as a Private Undertaking. It is specifically understood and
agreed by and between the Parties that the use of the County Property is a private development,
that neither Party is acting as the agent of the other in any respect hereunder, and that each Party
is an independent contracting entity with respect to the terms, covenants and conditions
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contained in this Agreement. No partnership, joint venture or other association of any kind is
formed by this Agreement. The only relationship between the City and Owner is that of a
government entity regulating the use of private property, on the one hand, and the holder of a
legal or equitable interest in such property and as a current or future holder of fee title to such
property, on the other hand.
7.11 Further Actions and Instruments. Each of the parties shall cooperate with and
provide reasonable assistance to the other to the extent contemplated hereunder in the
performance of all obligations under this Agreement and the satisfaction of the conditions of this
Agreement. Upon the request of either party at any time, the other party shall promptly execute,
with acknowledgment or affidavit if reasonably required, and file or record such required
instruments and writings and take any actions as may be reasonably necessary under the terns of
this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to
evidence or consummate the transactions contemplated by this Agreement. The provisions of
this Section 9.12 shall not require the taking of any actions which are prohibited by law or,
except as expressly set forth in this Agreement, impair the lawful legislative discretion of the
City as to those matters to which the law imparts legislative discretion to the City.
7.12 Corporate Authority. The person(s) executing this Agreement on behalf of each
of the Parties hereto represent and warrant that (i) such Party are duly organized and existing,
(ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party,
(iii) by so executing this Agreement such Party is formally bound to the provisions of this
Agreement, and (iv) the entering into this Agreement such Party is formally bound to the
provisions of this Agreement, and (iv) the entering into this Agreement does not violate any
provision of any other agreement to which such Party is bound.
7.13 Notices. All notices under this Agreement shall be effective upon personal
delivery, via facsimile so long as the sender receives confirmation of successful transmission
from the sending machine, or three (3) business days after deposit in the United States mail, first
class, postage fully prepaid and addressed to the respective Parties as set forth below or as to
such other address as the Parties may from time to time designate in writing:
To City:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: City Manager
Facsimile: (949) 488-3874
To Owner:
Crystal Cathedral Ministries
29251 Camino Capistrano
San Juan Capistrano, CA 92675
Attn: Cheryl Ellison
Facsimile: (949) 347-4015
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Copy to:
Manatt, Phelps and Phillips, LLP
695 Town Center Drive, 14th Floor
Costa Mesa, CA 92626
Attn: Roger A. Grable, Esq.
Facsimile: (714) 371-2537
7.14 Non -liability of City Officials. No officer, official, member, employee, agent, or
representatives of the City shall be liable for any amounts due hereunder, and no judgment or
execution thereon entered in any action hereon shall be personally enforced against any such
officer, official, member, employee, agent, or representative.
7.15 Time of the Essence. The Parties expressly acknowledge and that time is of the
essence in the performance of the provisions of this Agreement.
7.16 Execution Date. The Execution Date of this Agreement is that date on which all
parties have executed this Agreement.
7.17 Effective Date/Condition Subsequent. This Agreement shall go into effect upon
the Execution Date.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day
and year first set forth above.
F,
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By
Meg Monahan
City Clerk
ATTEST:
APPROVE AS TO FORM:
By
John Shaw, City Attorney
0
City: CITY OF SAN JUAN CAPISTRANO
By
Mayor, City of San Juan Capistrano
CRYSTAL CATHEDRAL MINISTRIES,
a California nonprofit religious organization
m
By:
STATE OF CALIFORNIA )
SS.
COUNTY OF )
On 2005, before , a Notary Public, personally
appeared , personally known to me -OR- [ ] proved
to me on the basis of satisfactory evidence to be the person whose name is subscribed to the
within instrument and acknowledged to me that he executed the same in his authorized capacity,
and that by his signature on the instrument the person, or the entity upon behalf of which the
person acted, executed the instrument.
Witness my hand and official seal.
Signature of Notary
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PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT
State of California )
County of Orange ) ss.
City of San Juan Capistrano )
(Gov't Code 40814 & Civil Code 110)
On 2005 before me, Margaret R. Monahan, City Clerk, personally appeared
personally known to me to be the person whose name is subscribed to
the within instrument and acknowledged to me that he executed the same in his authorized
capacity, and that by his signature on the instrument the person, or the entity upon behalf of
which the person acted, executed the instrument.
(SEAL)
Capacity Claimed by Signers
Mayor
Title
Signers are Representing
City of San Juan Capistrano
Witness my hand and official seal.
Margaret R. Monahan, City Clerk
OPTIONAL
Description of Attached Document
Development Agreement
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Exhibit A
Legal Description
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Exhibit B
County Entitlements
1. Use Permit UP 82-52Z — Establishment of church uses within and existing building.
2. Use Permit UP 82-58Z — Established Rancho Capistrano Renewal Center for religious
retreats and seminars.
3. Site Plan SP86-171A — Approval of use of two commercial coaches for Sunday School
classrooms.
4. Use Permit UP90-096P and Site Development Permit SP90-136P — Approval of
administrative building and parking area.
5. Changed Plan CP94056 for Use Permit 82-52Z — Approval of installation of six
commercial coaches for classes and other uses.
6. Use Permit UP94-0102 — Approval of a private school for grades K-8.
7. Changed Plan for SP94-0102 — Approval of additional of two modular buildings for the
expansion of the previously approved K-8 private school.
8. Change Plan CP99-0008 for Use Permit UP94-0102 — Approval of change plan to add
grades 9 and 10 to the previous approval of Use Permit UP94-0102.
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Exhibit C
Specific Minor Modifications
• Gazebo - the construction of a permanent Gazebo in the center courtyard of the
existing Hacienda to support existing operations and functions of the Conference
Center/Wellness Center. The Gazebo design will be complementary to the
Spanish style of the Hacienda. If would include a permanent roof with a seating
area for up to 400 people as well as a presentation area for the types of events that
already occur at Rancho Capistrano. The Gazebo will be designed to allow for the
inclusion of side panels that would allow for the Gazebo to be enclosed depending
on weather and the type of event. The side panels may be sliding glass panels or
solid panels and may be included in the initial construction of the Gazebo or could
be installed later after the initial construction is complete.
• Rancho Capistrano School Facility - Remodeling of an existing approximately
5,000 sq. foot Rancho Capistrano campus maintenance facility into
classrooms/meeting rooms and multi-purpose use area. The existing structure is
wood frame and stucco. The primary remodeling will be to the interior space of
the building. Remodeled entries may be included. The remodeled building will
serve the existing permitted school enrollment.
• Relocated Maintenance Facility - The existing maintenance facility would be
relocated at a similar size and configuration.
• Rancho Capistrano School: Sports/Multi-Purpose Pavilion - Construction of
an approximate 6,000 to 8,000 sq. foot permanent sports/multi-purpose covered
pavilion to support the existing permitted school enrollment located in the same
area as the existing school facilities. This Pavilion will have a permanent roof and
open-air sides and a hard surface floor. It will be used for sports such as
basketball and volleyball, and will also be use for other school and Rancho
Capistrano gatherings. As with the Gazebo, the Pavilion will be designed to
allow for the inclusion of side panels that would allow for the Pavilion to be
enclosed depending on weather and the type of event. The side panels may be
sliding glass panels or solid panels and may be included in the initial construction
of the Pavilion or could be installed later after the initial construction is complete.
The foregoing instrument is a r ct_Wy of the original on file in
this office. Attest: 20K -I lr7
City Clerk of the City of San Ju
. f e Ca➢;efr'o. County of Orange,
1G�
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1/17/2006
AGENDA REPORT G 2a
TO: Dave Adams, City Manager
FROM: Molly Bogh, Planning Director
SUBJECT: Consideration of Initiation of Proceedings for Prezoning and Annexation
and Approval of a Property Tax Exchange Agreement Between the City
and the County of Orange for the Rancho Capistrano Property.
(Approximately 92 Acres of Uninhabited Unincorporated Territory Located
West of Camino Capistrano, Approximately 1.2 Miles North of Junipero
Serra)(Crystal Cathedral Ministries)(APNs 637-082-64, -65, -66, -67, and -
68).
RECOMMENDATION
By motion, adopt the attached Resolution initiating prezoning and annexation
proceedings and approving a property tax exchange agreement between the City and
the County of Orange for the Rancho Capistrano property.
SITUATION
A.
PROPERTY OWNER
Crystal Cathedral Ministries
13280 Chapman Avenue
Garden Grove, 92840
B. Introduction
"Rancho Capistrano" is a 92 acre "island" of unincorporated territory located
adjacent to the City's northwest boundary (see Exhibit "A" of Attachment 1). It is
surrounded by the incorporated cities of San Juan Capistrano to the south, east
and west, and by Laguna Niguel to the North.
California Government Code Section 56375.3 (part of the Cortese -Knox -
Hertzberg Local Government Reorganization Act) allows Local Agency
Formation Commissions (LAFCOs) to expeditiously process annexations of
unincorporated islands of less than 150 acres without a protest hearing. Since
the Rancho Capistrano property is such an island, containing 92 acres within the
City of San Juan Capistrano's LAFCO-adopted Sphere of Influence, LAFCO staff
has requested that the City initiate annexation proceedings.
Agenda Report
Page 2 January 17, 2006
In response to the LAFCO request, City staff has discussed the possibility of
annexation with representatives of the Crystal Cathedral Ministries. They
indicated that the Ministry was willing to cooperate with the City in the processing
of this annexation provided there is no cost to the Ministry and provided the
property is prezoned in a matter which will permit the uses identified in the
current General Plan. The General Plan's "Planned Community' designation
includes the following "Allowed Land Use Mix Guidelines": "80% Public
Institutional (includes retreat center) and 20% Assisted Care Facility (which may
include a wellness center)..." (Land Use Element Table LU -3). This issue will be
addressed by the Planning Commission in its review of prezoning for the
property.
In conjunction with the initiation of annexation proceedings, it is also necessary
for the City to prezone the property and approve a property tax exchange
agreement with the County.
C. General Plan and Prezoning
The Rancho Capistrano property is already designated "Planned Community" on
the City's General Plan. Consistent with that designation, staff is recommending
that Council initiate consideration of prezoning to "PC — Planned Community".
After initiation of this action the proposed prezoning will then be referred to the
Planning Commission for review and back to Council for final adoption.
D. Property Tax Exchange with County
One of LAFCO's requirements for processing proposed annexations is that a
property tax exchange agreement be adopted by the County and the City. The
attached resolution confirms for the subject annexation the Master Property Tax
Transfer Agreement between the City and County adopted in 1980. The terms of
the agreement are described below under "Financial Considerations'.
E. Environmental Review
Initiation of annexation proceedings and prezonings and approval of a property
tax exchange agreement do not constitute a "project" under the California
Environmental Quality Act (CEQA). Environmental review will be required,
however, upon actual review of the annexation and the prezoning by the City.
COMMISSION AND BOARD REVIEW
Not applicable.
0 0
Agenda Report
Page 3 January 17, 2006
FINANCIAL CONSIDERATIONS
Upon annexation by the City, the City will receive 43.8931% and the County will receive
56.1069% of the County's share of the 1% basic levy of property tax generated within
the area to be annexed, pursuant to Master Property Tax Transfer Agreement 80-2092.
Because the property's land use is nonresidential, it is unlikely that its annexation will
result in a burden to the City in terms of service costs versus revenue. In addition, the
annexation would extend City jurisdiction over land use at its "front door", would "fill out"
the City's northern sphere of influence, and would create more coherent and logical City
boundaries in the area.
PUBLIC NOTIFICATION
A public hearing is not required for initiation of annexation proceedings and prezonings
or for property tax agreements. The property owner has been notified that this item is on
the agenda and has received a copy of the staff report. Copies of this agenda item
have been mailed to the following individuals:
Roger Grable
Cheryl Ellison'
RECOMMENDATION
By motion, adopt the attached Resolution initiating prezoning and annexation
proceedings and approving a property tax exchange agreement between the City and
the County of Orange for the Rancho Capistrano property.
Respectfully submitted,
MollBoo h �l
Y 9
Planning Director
Attachment:
Prepared by,
Lai r N'. Lawrence
ry
Consulting Case Planner
Resolution Initiating Annexation Proceedings and Prezoning and Approving
Property Tax Exchange Agreement, with attached Exhibit A: "Boundaries of
Rancho Capistrano Annexation"
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493.1053 FAX
www.satyuaiicapisti-ano.org
A
MEMBERS OF THE CITY COUNCIL
NOTIFICATION OF MEETING OF POTENTIAL INTEREST
OF THE SAN JUAN CAPISTRANO CITY COUNCIL
SAM ALLEVATO
DIANE SATHGATE
WYATT HART
JOE SOTO
DAVID M. SWERDLIN
The City Council of San Juan Capistrano will meet at 7:00 p.m. on January 17, 2006 in the City
Council Chamber in City Hall, to consider: "Consideration if Initiation of Proceedings for
Rezoning and Annexation and Approval of a Property Tax Exchange Agreement Between
the City and the County of Orange for the Rancho Capistrano Property. (Approximately
92 Acres of Uninhabited Unincorporated Territory Located West of Camino Capistrano,
Approximately 92 Acres of Uninhabited Unincorporated Territory Located West of
Camino Capistrano, Approximately 1.2 Miles North of Junipero Serra) (Crystal Cathedral
Ministries) (APNs 637-082-64,- 65, -66, -67, and 68)." — Item No. G2a.
If you have specific thoughts or concerns regarding this item, you are encouraged to participate
in this decision making process. You can communicate with the City Council through
correspondence addressed to the Council and/or by attending the meeting and speaking to the
Council during the public meeting.
Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m. on
Monday, January 16, 2006 to allow time for the Council to consider its content.
If you would like to speak at the meeting, please complete a yellow "Request to Speak" form
found inside the entrance to the Council Chamber. This form is turned in at the staff table, just
in front of the Council dais. You will be called to speak by the Mayor when the item is
considered.
You have received this notice at the request of the City staff member Larry Lawrence,
Consulting Case Planner. You may contact that staff member at (949) 443-6325 with any
questions.
The agenda, including agenda reports, is available to you on our web site:
www.sanivancaoistrano.oro. If you would like to subscribe to receive a notice when agendas
are posted to the web site, please make that request by sending an e-mail to: council-
aoendas(a-)sanivancaoistrano.ora.
Meg Monahan, CMC
City Clerk
cc: Roger Grable, Manatt, Phelps & Phillips; Cheryl Ellison; Molly Bogh, Planning Director;
Larry Lawrence, Consulting Case Planner
Received staff report
San Juan Capistrano: Preserving the Past to Enhance the Future
r
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAX
www.sanjuancapi.vtrano.org
TRANSMITTAL
TO
Kim Koeppen
Project Manager
Orange County LAFCO
12 Civic Center Plaza, Rm. 235
Santa Ana, CA 92701
dW4*
la[OIIOAAlfO
• f11AilIfpD � I961
1776
FROM: Meg Monahan, MMC — City Clerk (949) 443-6308
RE: Indemnification Agreement/Parties: Crystal Cathedral
Capistrano
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
DIANE BATHOATE
WYATT HART
JOE SOTO
DAVID M. SWERDLIN
Ministries City f San Juan
An original, executed Indemnification agreement related to an application to annex
uninhabited, unincorporated territory — APNs 637-082-64, -65, -66, -67 and -68) — Rancho
Capistrano, Crystal Cathedral Ministries, is enclosed for your records, per request of Larry
Lawrence, Project Planner. This agreement was approved by the City Council at their meeting
of September 19, 2006.
If you have questions concerning the agreement, please contact Larry Lawrence (949) 661-
8175. 1 can assist you with official document of the City of San Juan Capistrano.
CC: Larry Lawrence
Cheryl Ellison(w/ original, executed agreement)
Crystal Cathedral Ministries
29251 Camino Capistrano
San Juan Capistrano, CA 92675
San Juan Capistrano: Preserving the Past to Enhance the Future
Printed on 100% Recycled Paper