The URL can be used to link to this page

06-0117_LAFCO_Indemnification Agreement b a 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 /J By: C't o anian Capis E no Title: David M. Swerdlin, Mayor, City of San Juan Capistrano REAL PARTY IN REST (If different fro p apt) Title. Co-Chourma.n, CeusruJ Ca4iy4kaA 111 in6rr v Mailing Address: oZ9. l 04mino 0GL�O/STIZ�+' 0 ,a.nJUA,n C4014TT LnO, CA. 9a6�s ATTEST: V aret R. Monahan, City Clerk ROVED A TO FORM: John Shaw, ity Attorney SD 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 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 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 0916 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 1g`h day of September, 2006. DA D SWERDLIN, MAYOR ATTEST: MA G ET 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 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: Bathgate, Soto, and Mayor Swerdlin NOES COUNCIL MEMBERS: None ABSENT: COUNCIL ME7 Hart, Allevato MA G E R. MONAHAN, City Clerk Page 3 of 3 0916 E+ � I . , s s , • r r !I r r 1 � • 1 � \4 r �4ti ti r 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 Iegal 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 Goriernment 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: 2 • 0 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. 4 0 • 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 6 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 zso 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. 8 STATE OF CALIFORNIA ) ) SS. COUNTY OF ) On 12005, 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 10 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 RESOLUTION NO. 06-01-17-0 5 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 0 0 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. i DAVID M. S ERDLIN, MAYOR ATTEST: V `----� �ARET 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 duly adopted by the City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 17th day of January 2006, by the following vote: AYES: COUNCIL MEMBERS: Hart, Bathgate, Soto, Allevato and Mayor Swerdlin NOES: COUNCIL EMBER: None AB NT: COUNCIL EMP7. ne M G E R. MONAHAN, (City Clerk Page 2 of 2 01-17-2006 k ' �� 11��111►'�• r ��Il ' 1 __�� ::��"��. � .`tit � �►�_ AFFIDAVIT OF PUBLICATION PROOF OF PUBLICATION STATE OF CALIFORNIA, ) RECEIVED ) ss. County of orange ) 1016 OCT I I P 2: 3'I I am a citizen of the United States and a resident C (Y CLERK of the County aforesaid;I am over the age of SAN JUAN CAPISTRANO eighteen years,and not a party to or interested Proof of Publication of 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 cm OF SAN JOAN CAPISTRANO ADOPTION OF ONONIwNCE NO.We Court of the County of Orange, State of Notes is hereby gNen that on September 19.2005 the C5yy Council adopted Ordinance No.915 en55ed: 'AN ORDF NANCE OF THE CITY OF SAN JUAN CAPISTRANO, California,on June 7, 1984, Case No.A-122949 MAPPROVING APREANNEXATION ENT FOR ERANCHOCAPISTRA O ANNE%ATION in and for the City of.San Juan Capistrano, (CRYSTAL CATHEDRAL MINISTRIES).' Adoption of this Ordinance approves and adopts the mann ion Agreement concerning 92 acres of unincor. County of Orange, State of California;that the poreted tsrr5oty la�atatdy on the wast side of Camino Road knoo a Pe as Beernedimicho i'apIsbeno.nThee fth ofreemeenntrlPat- notice,of which the annexed is a true printed 'Mean In"ia"a a c an Juanmla no P^PMATIVofft clan Crystal and adtlresses use of the property, requested land use copy,has been published in each regular and changes,among atherterms. entire issue of said newspaper and not in any Ordinance Na'BIG urea adopted by Me following was: AYES: Council Members:Bathgate,solo,and Mayor supplement thereof on the following dates,to NOES: Council Members:Nawne Ito ABSENT: Council Members: Hart,Allevato wit: A certified copy of the complete had of the Ordinance Is posted and may be read in the City Clark's De rtment, September 28,2U06 M Paseo ACG ana.San Juan Capistrano,and or a copy p m be obtained from that office at a nominal charge. Dated:September 20,2005 /s/Margaret R.Monahan,City Clark "I certify(or declare)under the penalty of Publish:Capistrano Valley News,September 25,20063-157 515]545 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 Q, Signature Capistrano Valley News 625 N.Grand Ave. Santa Ana,CA 92701 (714)796-2209 NOTICE OF TRANSMITTAL CAPISTRANO VALLEY NEWS Legal Publications CHARGE TO ACCOUNT NO. 0041125000 FOR PUBLICATION ON: THURSDAY, September 28, 2006 DOCUMENT TO BE PUBLISHED: CITY OF SAN JUAN CAPISTRANO ADOPTION OF ORDINANCE NO. 916 PREANNEXATION AGREEMENT FOR RANCHO CAPISTRANO ANNEXATION, CRYSTAL CATHEDRAL MINISTRIES PROOF OF PUBLICATION: 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 AUTHORIZED BY: MARGARIfT MONAHAN, CITY CLERK DATE: September 2 , 20 6 Date of Ordinance Adoption 09/19/0 L/ Date Summary of Adoption �� Ordinance Published 09/28/06 -/CJ�5 Date Certified Copy of Introduced Ordinance Posted in City Clerk's Office - 08/24/0 Date Certified Copy of Adopted Ordinance Posted in City Clerk's Office - 09/19/0 Date Affidavit Received Date notice posted in designated posting places (3) 09/28/06 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 AFFIDAVIT OF PUBLICATION PROOF OF PUBLICATION STATE OF CALIFORNIA, ) RECEIVED ) ss. County of orange ) ION OCT -4 P 2: 34 I am a citizen of the United States and a resident CITY CLLR K of the County aforesaid;I am over the age of SAN JUAN CAPISTRANO eighteen years,and not a party to or interested Proof of Publication of 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 MIrreuuurnN�i OF M OM E Court of the County of Orange, State of Notice City CCouncncil considered that actic an September state2006 d: California,on June 7, 1984, Case No.A-122949 AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO. CALIFORNIA, AMENDING THE LAND USE CODE AND OFFICIAL ZONING MAP TO in and for the City of San Juan Capistrano, PREZONE92LOCATED ES TORE UNINCORPORATEDWESSIDE OF CTERRTORY 0 CAPISTRANO APPROXIMATELY 1.2 MILES NORTH County of Orange,State of California;that the OFJUNIPIDAROAD ASLANEDCOMMUN. IT' GNMREVISING PRE a THE ICIPAL CODE TO INCLUDE SCHOOLS AS A notice,of which the annexed is a tine printed PERMITTED ACCESSORY USE FOR RETREAT CENTERS(RANCHO CAPISTRANO:RZ 0&09) copy,has been published in each regular and On So bar 19,2005,the Cly Council of Me C or sen Juan t;eputrarw will consider the adoption of this ordF nance, entire issue of said newspaper and not in any which will pre-wile appro imetey 92 acres of uninhabited, unincorporated territory,located adjacent to the city's naM- supplement thereof on the following dates,to west boundary. In addition, this ommanoe TPm9'es an amendment to Title 9 of the C�'�tty9�s Municipal Code (Land Use Code),Table 315(entitle Irdedm Uses In the Plan mad wit: Community District)to include schools affiliated with the pri- mary use. September 14,2006 A certified copy of the complete tart of the ordinance Is posted dPand rZY be read in the City CI Doue�, M Adelanto.San Juan Capisoano,and or a copy may be obtained from that office at a nominal Marge. "I certify(or declare)under the penalty of Is/ Margaret A.M 5,2005 /s/Margaret R.Monahan,CM Clerk perjury under the laws of the State of California Publish:Capistrano Valley News,September 14,200581550111 3170 that the foregoing is true and correct": Executed at Santa Ana,Orange County, California,on Date: September 14,2006 Signature I Capistrano Valley News 625 N.Grand Ave. Santa Ana,CA 92701 (714)796-2209 AFFIDAVIT OF PUBLICATION PROOF OF PUBLICATION STATE OF CALIFORNIA, ) RECEIVE ) SS. County of orange ) 109 OCT I I P 2: 39 I am a citizen of the United States and a resident of the County aforesaid;I am over the age of CITY' CLERK SAN JUAN CAPISTRANO eighteen years,and not a party to or interested Proof of Publication of 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 CITY of SAN ausx CAPISTRANO Court of the County of Orange,State of ADOPTION OF ORDINANCE NO.815 Notice is hereby given that on September 19.2OD6 61e Ci Council adtedN California,on June 7, 1984, Case No.A-122949 NA CE OF dinance THE No. OF SANS JUANe CAPISTRANO, CALIFORNIA,AMENDING THE LAND USE CODE AND OF. FICIAL ZONING MAP TO PREZONE 92 ACRES OF UNfN- m and f0I the City Of San Juan Capistrano, CORPORATED TERRITORY LOCATED ON THE WEST SIDE OF CAMINO CAPISTRANO APPROXIMATELY 1.2 MILES County of Orange, State of California; that the NOFrrH OF MUNITY PC)ICIPUAIND REVISING TABLE 3-15 OF TITLE 9AS PLANNED OOF MRTED ACCESSOAt RY UDE SE OR RETREAT ENTERS UDE SCHOOLS AS A PER- notice,of which the annexed is a true printed (RAN- CHO CAPISTRANO:RZ 06,04).' Adoption of this Ordinance pre-woes approximately 92 copy,has been published in each regular and acres of uninhabited unincorporated temlory,located ad)a- cent to the city's rrorlhwest bounds . This ordinance ap- ent re issue of said newspaper and not in any code 4nd uCode).Table 3-i5°((elniueI�rim Municipal the Planned Community Dietrich to include schools affiliated supplement thereof on the following dates,to with the pdmary use. Detonrues No.915 was adapted by the following vote: wit' AYES: Council Members:Batty, Solo, and Mayor S. In September 28,2006 NOES: Council Members: None P ABSENT Council Members: Hart,Allevato A contest copy of the complete tent of the Ordinance is Ialso and me be read in the City Clerk's Depamnerd 32400 Paseo Adielanto,San Juan Capistrano,and/or a copy "I certify(or declare)under the penalty of may be obtained from Mat office at a nominal charge. Dated:September 20,2006 perjury under the laws of the State of California /s/Margaret R.Monahan,City Clerk Publish:Capistrano Valley News,September 28,2006 that the foregoing is true and correct': 8167513 3-166 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 NOTICE OF TRANSMITTAL CAPISTRANO VALLEY NEWS Legal Publications CHARGE TO ACCOUNT NO. 0041125000 FOR PUBLICATION ON: THURSDAY, September 28, 2006 DOCUMENT TO BE PUBLISHED: 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: 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 AUTHORIZED BY: i2 . v `- MAR A 9T MONAHAN, CITY CLERK DATE: September 006 Date of Ordinance Adoption - 09/19/0c�6- Date Summary of Adoption Ordinance Published - 09/28/06L VD Date Certified Copy of Introduced Ordinance Posted in City Clerk's Office - 08/24/06 Date Certified Copy of Adopted Ordinance Posted in City Clerk's Office - 09/19/Oi Date Affidavit Received - Date notice posted in designated posting places (3) - 09/28/06 • • 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 AFFIDAVIT OF PUBLICATION PROOF OF PUBLICATION STATE OF CALIFORNIA, ) RECENED 4 ) ss. P 3: Oq . CC"'County of orange ) i606 SEP -b I am a citizen of the United States and a resident " I C iLLR'� U of the County aforesaid;I am over the age of SAN J O AI i C A.P i ST R AN O eighteen years, and not a party to or interested Proof of Publication of 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 Nonce OF it Powe Numm California, on June 7, 1984, Case No.A-122949 a^1 Of f AN "'-N CAPISTRANO in and for the City of San Juan Capistrano, NOTICE R NERBBY GIVEN,Mat on the Sm day of September,2006,at 7:00 P.M.m County of Orange, State of California;that the the councu w ulrolChamber,l e4e�a.Pg o Me�'al ow a a"Juan cap abara. California,Me Remne EE-0/,Preenne>utien ABreemeed,and Cede Areendtnnrt notice,of which the annexed is a true printed Iseh%dIX•Renelw CeVP=1 ) copy,has been published in each regular and Prezonig of Approxrcnately 92 Acres of unincorporated Territory, Amending Me Official p g 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 Jumps. Sere entire issue of said newspaper and not in any (APNs 1626 63744.-65,436,8,and.66).Included with Me phor ning are a preannexation agree- f supplement thereof on the following dates,to mertt and an amendment to the and use coda The purpose of me prazoning is m apply a city '. zoning designation M Me property, in prepare -- WIY: eon to annexation of me property to the City. i - The proposed*PC'mining,preannexation agree- August 24,2006 lane uses anti Eavelo mem ala mtrMdedm tllow \" der entitlements grand by the County,p includ i t re- ing a religious retreat center,school,and role. t Nll �- Land uses. "I certify(or declare)under the penalty of Those desiring to be heard in favor of, or op- position p position to,thishem will be J= an opportal ty to do so during such hearing. Written in x e ' unlaws o der the lf the State of California formation pertaining to this hem most be sub- milted ub P milted to the City Clark by 12:00 p.m., an Tuesday,Se [ember 5, 2006 M 32400 Paseo that the foregoing is true and correct": Aaeludo, gen Juan Caps ano, CA HzsrS. Individuals desiring to-submit late written in ., raoroaxo axxcxo j ormation at Me meeting must orally request --- cxnsrxaxouwsurnx; Executed at Santa Ana,Orange County, such action. ® California,on ForM . er Mtormetlon you may eebc. tarty Lawrence, Contract Planner, phone: (94H)661-8115;ameil:lx/@sbcglobal.net. Date: August 24,2006 Margaret N.Monahan GAMO hIAN,CCTV 1 .. Published:Capistrano Valley News,August 24;2006 6131253125 0 3-160 Signature Capistrano Valley News 625 N.Grand Ave. Santa Ana,CA 92701 (714)796-2209 RUG-17-2006 12:15 0 0 7147962238 P.01/01 Post-it®Fax Note 7671 Da pates► T Fro Co/Dept Co Flo q P, V R CEIVED Fax A I Fez y�l NOTICE OF 208b AUG 1 l P 2: 59 i PUBLIC HEARING CITY CLERK CITY OF SAN JUAN CAPISTRANO 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 06.04, Preannexation Agreement, and Code Amendment (Schuller -Rancho Capistrano) Prezoning of Approximately 92 Acres of Unincorporated Territory, Amending the Oficial 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. 1 i The purpose of the p g is apply a City r zoning designation too the the property mprepara- tion to annexation of the property to the City. The proposed "PC"zoning, preannexation agree- ment and code amendment are intnded to allowf}3; 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 p position to,thisitem will begiven an opportune a 't 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, 3 September 5, 2006 at 32400 Paseo Adelanto, an Juan Capistrano, CA 92675 'M Individuals desiring to submit late written en reaa erwxi formation at the meeting must orally request ` � r-� �reraaxoanrExeaaK^ such action. For further information you may contact Larry Lawrence, Contract Planner; phone: (949) 661-8175; e-mail: Lx4Qsbcglobal.net. Margaret R. Monahan MARGARET R. MONAHAN, CITY CLERK Published:Capistrano Valley News,August 24,2006 8131250 3.160 3x SS = t(05 11NBQ q, 92rAVO I . �-�, ,,� o-vim.,. w� a. rte, elv�rS24e.wo,F. •�A�}�'��/� avtn�� Z 4.OSu�rnCrC��- �Q(� -�� took �1L.�, ��aP� Fes'\, `�` l ��• • 9/19/2006 AGENDA ITEM D9 TO: Dave Adams, City Manager �^ 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/nOnification 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, Prepared By, Welham Cun N. Lawrence Interim Planning Director Consulting Case Planner Attachments: 1. Indemnification Agreement. 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) By: Title: Mailing Address: ATTACHMENT 9/19/2006 12 AGENDA REPORT TO: Dave Adams, City Manager 46*� 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, 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 nahan, City Clerk Aft chment: 1. rdinance ORDINANCE NO. 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 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 1 gth day of September, 2006. DAVID SWERDLIN, MAYOR ATTEST: MARGARET R. MONAHAN, CITY CLERK Page 3 of 3 09/19/2006 PREANNEXATION ORDINANCE EXHIBIT A: RANCHO CAPISTRANO PREZONING MAP RANCHO CAPISTRANO PIREZQN/NG: "PC PLANNED C©MMklNlTY" N it �Y f 4 t L t .. y Y ♦ / 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 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, fine 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 of 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: 2 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 3 0 • 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. 4 0 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 5 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 6 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 7 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. 8 City: CITY OF SAN JUAN CAPISTRANO By Mayor, City of San Juan Capistrano By Meg Monahan City Clerk ATTEST: APPROVE AS TO FORM: By John Shaw, City Attorney CRYSTAL CATHEDRAL MINISTRIES, a California nonprofit religious organization By: By: 9 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 10 PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California ) County of Orange ) ss. City of San Juan Capistrano ) (Gov't Code 40814 &Civil Code 118k) 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) Witness my hand and official seal. Margaret R. Monahan, City Clerk OPTIONAL Capacity Claimed by Signers Description of Attached Document Mayor Development Agreement Title Signers are Representing City of San Juan Capistrano lI 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. 13 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 « try of the original on file in this office. Attest----- City ttest: 2OQ�, City Clerk of the City of San Ju Ca '991o. County of Orange. Ca'r a By: 14 1/1712006 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. I 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, Prepared by, Molly Bo h Lai r N. Lawrence 9 rY Planning Director Consulting Case Planner Attachment: 1. Resolution Initiating Annexation Proceedings and Prezoning and Approving Property Tax Exchange Agreement, with attached Exhibit A: "Boundaries of Rancho Capistrano Annexation" � ram.► � 32400 PASEO ADELANTO MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 ,{,y: SAM ELLEVATO (949)493-1171 DIANE BATHOATE (949)493-1053 FAX j1" IntonronAl[o EfInILIiMm i IB6I WVgTT HART www.sanjua)icapi.stt'aiio.org 1776 JOE SOTO DAVID M.SWEROLIN NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL 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.sanivanrapistrano.org. 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- agendas ansanivancaaistrano.oro. Meg Monahan, CMC City Clerk M 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 �V„ • 32400 PASEO AOELANTO � J � A MEMBERS OF THE CIN COUNCIL SAN JUAN CAPISTRANO,CA 92675 ��i I,I.WSAM,! (949)493-1171 �,y DIANE BEVATO (949)49310531" • 19 IOORIOARF4 DIANE BATH6ATE J g B17176 F1 1961 EA OTOART www.sanjuancapistrano.org • • DAVID M.SWERDLIN TRANSMITTAL TO: Kim Koeppen Project Manager Orange County LAFCO 12 Civic Center Plaza, Rm. 235 Santa Ana, CA 92701 FROM: Meg Monahan, MMC — City Clerk (949)443-6308 RE: Indemnification Agreement/Parties: Crystal Cathedral Ministries City f San Juan Capistrano 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 j Printed on 100%Recycled Paper