06-0928_CRYSTAL CATHEDRAL MINISTRIES_Preannexation Agreement0
RECORDING REQUESTED BY:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
AND WHEN RECORDED, MAIL TO:
Margaret R. Monahan, City Clerk
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Exempt from Recording Fees:
Gov Code 27383 & 6103
City of San Juan Capistrano
This DocurnellLwas electronically recorded by
R Cert Mail A
Recorded in Official Records, Orange County
Tom Daly, Clerk -Recorder
11111111111111 NO FEE
100 200 A1217 2006000858576 09:34am 12/22/06
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
This Space for Recorder's Use Only
Title of Document: PREANNEXATION AGREEMENT (Crystal Cathedral Ministries)
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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
0
[Exempt From Recording Fees-G.C. 61031
PREANNEXATION AGREEMENT
This Preannexation Agreement ("Agreement") is made this � day of ')�Wkk%✓
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 northern 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 time 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:
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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 terms 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.
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ATTEST:
APPROVE AS TO FORM:
By
John VftVl City Attorney
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City: CITY OF SAN JUAN CAPISTRAN
By
Mayor, City of SSKUuan Capistrano
CRYSTAL CATHS RAMINISTRIES,
a Californian reli�ous organization
Lm
STATE OF CALIFORNIA )
) SS.
COUNTY OF Oro-4l/ )
On &[ n, 2005, before 1! Ij S. 11io rt4a Notary Public, personally
appeared { personally known to me -OR- [ ] proved
to me on the basis of satisfactory evidence to be the person name Fs su scribed 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.
—S�iignnat+ure. of Notary
KRISTINA I. THOMAS
Comm. # 1447487 'x
N • N012 PURLIGCALIFORNIA F1
� Orange County
My Comm. Expires OcI.28, 2007
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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 118 1)
On September 28, 2006, before me, Margaret R. Monahan, City Clerk, personally appeared David
M. Swerdlin 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.
2
Monahan, City Clerk
OPTIONAL
Description of Attached Document
Preannexation Agreement (Crystal Cathedral
Ministries
Date: September 19, 2006
SCHULLER *CHO CAPISTRANO ANNEXATIOSGREEMENT
EXHIBIT "A"
I Prepared by Tool Engineering, Inc. Ph: (949) 492-8586 October 2006 1
IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF SECTIONS 25 AND 26, TOWNSHIP
7 SOUTH, RANGE 8 WEST, S.B.M., AS SHOWN ON A MAP RECORDED IN BOOK 90, PAGE 45 OF RECORD OF
SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHEASTERLY CORNER OF SAID PROPERTY; THENCE ALONG THE WESTERLY
RIGHT-OF-WAY OF THE A.T. & S.F. R.R. SOUTH 8'07'10" WEST 1255.52 FEET; THENCE NORTH 89'21'43"
WEST 20.16 FEET; THENCE SOUTH 8'07'10" WEST 346.69 FEET; THENCE NORTH 88'36'06" WEST 59.06
FEET; THENCE SOUTH 8'07'10" WEST 20.00 FEET TO A POINT ON THE EXISTING BOUNDARY OF THE CITY
OF SAN JUAN CAPISTRANO; THENCE ALONG SAID BOUNDARY NORTH 88'36'06" WEST 153.94 FEET; THENCE
NORTH 89'30'27" WEST 825.00 FEET; THENCE SOUTH 0959'47" WEST 655.00 FEET; THENCE LEAVING SAID
EXISTING CITY BOUNDARY NORTH 89'00'13" WEST 52.00 FEET; THENCE NORTH 14'17'03" 233.61 FEET;
THENCE SOUTH 56718'09" WEST 505.00 FEET; THENCE NORTH 66756'07" WEST 331.55 FEET; THENCE
SOUTH 42'31'33" WEST 352.00 FEET; THENCE NORTH 47'28'27" WEST 281.00 FEET; THENCE NORTH
00'55'22" WEST 232.00 FEET; THENCE SOUTH 89'04'38" WEST 238.05 FEET; THENCE NORTH 00'55'22"
WEST 406.40 FEET; THENCE 89'04'38" EAST 301.64 FEET; THENCE NORTH 00'55'22" WEST 245.00 FEET;
THENCE NORTH 66'31'58" EAST 240.00 FEET; THENCE NORTH 48'52'03" EAST 365.00 FEET; THENCE NORTH
4'50'38" EAST 943.40 FEET; THENCE NORTH 18'46'18" EAST 198.00 FEET; THENCE NORTH 64'41'05" EAST
222.73 FEET TO THE MOST SOUTHWESTERLY CORNER OF TRACT NO. 5241, AS SHOWN ON A MAP
RECORDED IN BOOK 198, PAGES 13 THROUGH 16 INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF SAID
ORANGE COUNTY; THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID TRACT 5241 SOUTH 5729'40" EAST
327.95 FEET; THENCE NORTH 56'03'10" EAST 86.07 FEET; THENCE SOUTH 66'16'50" EAST 203.79 FEET TO
THE MOST WESTERLY CORNER OF TRACT NO. 10896, AS SHOWN ON A MAP RECORDED IN BOOK 525,
PAGES 14 THROUGH 21 INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY; THENCE
ALONG THE SOUTHERLY BOUNDARY OF SND TRACT 10896 SOUTH 32'46'10" EAST 352.77 FEET; THENCE
NORTH 79'28'30" EAST 282.57 FEET; THENCE NORTH 3(746'30" EAST 190.05 FEET; THENCE NORTH
51'21'55" EAST 144.09 FEET; THENCE EAST 476.17 FEET TO THE POINT OF BEGINNING.
CONTAINING 93.4 ACRES, MORE OR LESS.
w� OLw S. o
n, n �3
* EX IBES
'.i-30-(1;7
tu0 4334 \Q
T9T O��
S. MEUM LS 4384
SCHULLER R&HO CAPISTRANO ANNEXATIOI&REEMENT
EXHIBIT "B"
I Prepared by Toal Engineering. Inc. Ph: (949) 492-8586 October 2006 1
SCALE:
if
BEARING
DISTANCE
LI
N 57'29'40"
W
327.95'
L2
N 56'03'10'
E
86.07'
0
N 66'16'50"
W
203.79'
L4
N 32'46'10
W
352.77'
L5
N 79'28 30"
E
282.57'
L6
N JO'4630"
E
190.05'
L7
N 51'21 55
E
144.09'
L8
N 90'00 00"
E
476.17'
L9
N 8921 '43"
W
20.16'
L10
N 06'07110"
E
346.69'
LII
N 88'36'08'
W
59.06'
L12
NOB 07 10"
E
20.00'
L13
N 88'36'06"
W
153.94'
L14
N 00 59 47"
E
655.00'
L f 5
N 69-00-13-
W 1
52.00
SCALE:
if
BEARING
DISTANCE
L16
N 14' 17'03'
W
2M.61'
L17
N 56' 18'09"
E
505.00'
L18
N 66'56'07"
W
331.55'
L19
N 42'31 33"
E
35200'
120
N 47-2827"
W
281.00'
L21
N 00'55 22"
W
232.00'
1.221
N 89'0438"
E
238.05'
L23
N 00'55 22"
W
406.40'
L24
N 89'04 38"
E
301.64'
L25
N 00-55220
W
245.00'
L26
N 66'31'58"
E
240.00'
227
N 48'52'03"
E
365.00'
L28
N 18'46'18" E
198.00'
L29
N 64741 05"
E
222.73
LEGEND
SCHULLER PROPERTY
EXISTING BOUNDARY
- — CEM UNE OF STREET
EXISTING BOUNDARY OF THE
CITY OF SAN JUAN CAPISTRANO
Tract Ab 5241 ^
NX 146/13-16 J Tree No. 1089Ps
HA 52M4-21
IR
93.4 ACRE5
F-5 qD145
of&-d.Aup Lr
NO. 4384
WESTSDf ANEXA CAS\F�
\\\\\\ OLAV S. MEUM LS 4384
0 0
Exhibit B
County Entitlements
Use Permit UP 82-52Z — Establishment of church uses within and existing building.
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.
13
• 0
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.
14
MEMORANDUM March 15, 2007
FROM: Christy Swanson, Secretary
RE: Memo to File
Please refer to the following files for additional information:
600.30
Indemnification Agreement 2006
LAFCO
Rancho Capistrano Annexation
600.30
Preannexation Agreement 2006
CRYSTAL CATHEDRAL MINISTRIES
Rancho Capistrano Annexation
620.20
Annexation 2006
CRYSTAL CATHEDRAL MINISTRIES
APN 637-082-64, 65, 66, 67, 68
420.30
Land Use Code & Zoning Map 2006
RANCHO CAPISTRANO
0915