ITEM F1 TO: FROM: City of San Juan Capistrano Agenda Report Planning Commission Development Services Department Submitted and R~iewed by: Sergio Klotz, Assistant Services Director ~ Prepared by: Math Evans, Contract Planner ~ Development DATE: January 10, 2017 SUBJECT Consideration of Conditional Use Permit (CUP) 16-002: to allow conference facility known as Franciscan Gardens located within the existing Provincial Building commercial and office structure at 31815 Camino Capistrano (Assessor Parcel Number 121-150-11)(Applicant: Phillip Bennett on behalf of 24 Carrots Catering and Events). RECOMMENDATION: By motion, adopt a resolution approving Conditional Use Permit (CUP) 16-002 allowing the Franciscan Gardens Conference Facility to occupy the first floor of the existing Provincial Building within the Town Center (TC) zoning district. OWNER/APPLICANT: Applicant: Phillip Bennett on behalf of 24 Carrots Catering and Events 6552 E Via Arboles Anaheim Hills, California 92807 Property Owner: Waikaremoana Limited Partnership 35411 Camino Capistrano, Capistrano Beach, California 92624 EXECUTIVE SUMMARY: Phillip Bennett (Architect) on behalf of 24 Carrots Catering and Events (the "Applicant"), requests approval of a Conditional Use Permit (CUP 16-002) to convert an existing commercial retail space into a conference facility (facility) on the 1st floor (main level) of the Provincial Building, located at 31815 Camino Capistrano. The proposed facility includes a large indoor ballroom/general assembly area, an office, a separate bride and groom preparation room, men's and women's bathrooms, and an outdoor patio located directly in back of the building. A conference facility is listed as a Conditional Use within the Historic Town Center zone designation.
Planning Commission Agenda Report January 10, 2017 Page 2 of 11 BACKGROUND: General Location: General Plan Land Use Designation: Zoning Map designation: The subject property is located at 31815 Camino Capistrano, which is known as the Provincial Building, and is generally located on the west side of Camino Capistrano between the intersections of Verdugo and Yorba Streets, and directly adjacent to and in front of the downtown parking structure (Attachment 2). General Commercial Town Center (TC) Surrounding General Plan Land Use Designations, Zoning Districts, and Existing Land Uses: Direction General Plan Land Use Zoning Use North General Commercial Town Center (TC) Retail Commercial South General Commercial Town Center (TC) Retail Commercial East General Commercial Town Center (TC) Retail Commercial West General Commercial Town Center (TC) Parking Structure DISCUSSION/ANALYSIS: Franciscan Gardens is the name of a proposed conference facility that will occupy the main floor of the existing Provincial Building located within the City's Town Center zone designation. The Applicant currently owns and operates the facility located in the rear, outdoor walled patio area of the Provincial Building. The business hosts banquets, weddings and general assembly type events and gatherings, and now desires to turn the existing interior retail commercial space on the first floor of the building into a conference facility use without fixed seating. Although the Applicant has been using the courtyard area for such events for over 20 years and has been issued a business license annually to do so, no previous CUP had been issued for the conference facility use. The City became aware of the use when the Applicant's Architect submitted plans for interior renovations to the building for the proposed ballroom area. Staff noted that the use of a conference facility in the space requires a Conditional Use Permit (CUP), which had not previously been granted at this site. When the Applicant and property owner, were informed of this, they agreed to apply for the CUP and make any and all necessary improvements to the building to satisfy the code requirements necessary to convert the space for the proposed use. It should be noted that the Franciscan Gardens conference facility existed when the property was zoned Tourist Commercial (TC). The previous TC zone designation did not specifically address conference facilities or similar uses.
Planning Commission Agenda Report January 10, 2017 Page 3 of 11 Originally constructed in 1920, the 12,012 square foot, 2-story Provincial Building is not listed on the National Register of historic places; however, the building is listed on the City's "Buildings and Sites of Distinction" and is eligible to be placed on the historic register. Although the Applicant is proposing changes to the main floor of the interior of the building, there are no plans to make substantial cosmetic changes to the exterior fa<;ade of the building, other than to recess the front door of the building (within the existing opening) for compliance with the Americans with Disabilities Act (ADA), as well as add an exterior wheelchair lift on the back of the building. Although there will be changes to the windows at the street level of the building fa<;ade, no new openings to the building's fa<;ade are anticipated or proposed at this time. General Plan and Zoning Analysis: The General Plan designation for the property is Town Center (TC); the property is also located within the General Commercial Land Use Designation. The Town Center designation is governed by the Historic Town Center (HTC) Form Based Code, Chapter 9-3.316 of Title 9 of the City's Land Use Code (HTC Code). The proposed primary use will be a conference facility used to host weddings, corporate events and other large gatherings not to exceed 200 people. Ancillary uses, such as the serving of food and beverages, live and pre-recorded music, presentation and performances, and other similar uses typically associated with conference facilities, will also occur on site. The HTC Code lists conference facilities and assembly halls as Conditional Uses within the TC zone designation. There are also other similar types of uses listed as a Conditional Use in the TC zone designation, such as auditoriums, convention halls, theaters, cultural centers, assembly halls, meeting halls, clubs and lodges. However, based on the business model proposed by the applicant, the conference use, which typically includes banquets and similar functions, is the use most closely associated with the proposed use, and all of the aforementioned uses have the same parking requirements. Thus accordingly, Staff has determined that the proposed conference facility is consistent with the property's TC designation. The HTC Form Based Code additionally requires that properties identified as historically or culturally significant comply with the requirements of Section 9-3.407 of the Land Use Code, which imposes certain additional requirements prior to alteration of a historic landmark. The Provincial Building is included on the City's "Buildings and Sites of Distinction" list, meaning it is a building deemed unique and of interest to the community and potentially historic, and is potentially eligible for inclusion on the City's Inventory of Historic and Cultural Landmarks (IHCL) However, the Provincial Building is not listed as a historic landmark on the IHCL, so the additional requirements of Section 9-3.407 do not apply. However, Staff is mindful of the property's designation and recommends additional conditions of approval discussed below. The proposed project, as conditioned, satisfies all development standards and parking requirements for the proposed use.
Planning Commission Agenda Report January 10, 2017 Page 4 of 11 Project Site/Background: The Provincial Building property is 16,921 square feet, which includes the 12,012 square foot building comprised of two stories each with 5,200 square feet and a basement level of 1,612 square feet. The remainder of the site is comprised of an outdoor walled courtyard/patio area and a driveway which leads to the downtown parking structure. There are 2 short-term on-site parking spaces with the remainder of the parking for the building located within the adjacent privately owned Franciscan Plaza parking structure (see parking discussion below). The outdoor courtyard/patio area is currently used to host events, such as weddings and other similar type gatherings. The vast majority of the patio is hardscaped with decorative pavement, and includes a gazebo/covered stage area, water fall and fountain. Existing landscaping has been installed along the perimeter of the patio area directly adjacent to the wall. Outdoor lighting is achieved with strung festoon lighting that crisscrosses the patio area. The applicant has submitted plans to change the occupancy classification of the main floor from a Business Group or "B" occupancy type to an Assembly "A-2" occupancy type (Enclosure 1 ). The change in occupancy will require that the building owner make internal changes to the building to comply with the Americans with Disabilities Act (ADA), including an exterior wheelchair lift (located in the rear of the building), expanded bathrooms, and a wider front door. As previously mentioned, there will be no significant architectural changes to the building. A minor change to the fac;ade program includes the removal of an old awning bracket, the removal of storefront door, and the installation of a new front door and windows within existing building openings (doorway, windows and bulkhead) at the street level to the building (see details on page 4, Enclosure 1 ). Although these proposed minor architectural changes have not gone before the Design Review Committee (DRC), the changes to the building elevations are scheduled to be reviewed by the DRC prior to the issuance of a building permit. Other changes to the building include the addition of a new fire suppression system that will be required for the entire building based on a requirement from the Orange County Fire Authority (OCFA). The need for the fire suppression system is triggered by the change in the occupancy type. Although it is not anticipated that the new fire suppression system will require any extensive renovations to the building that would alter the exterior appearance, Staff has proposed that, as a condition of approval, any and all equipment associated with the new fire suppression system shall be kept out of public view, including any required or additional exterior equipment, and that any significant changes proposed to the building due to the installation of the fire suppression system, must first be reviewed and approved by the DRC. It should also be noted that the proposed improvements to the interior of the building do not include the construction of a kitchen (commercial or otherwise), a bar, or any fixed seating areas (booths, etc.). The Development Advisory Board (DAB) has also raised issues and concerns that will require additional work to the patio area, particularly the need for ADA egress from the
Planning Commission Agenda Report January 1 0, 2017 Page 5 of 11 patio to the drive aisle leading to Camino Capistrano. This particular concern was raised by the Building Division and resulted in the need to recess the existing doubledoor exit from the patio to the drive isle towards the southwest of the property. As illustrated on sheet 1 of the site plan, the Applicant is complying with this concern by proposing to recess the rear southwest gate, and provide a pad that will allow the doors to swing outward without encroaching onto the drive isle. Operation The Franciscan Gardens conference facility will be owned and operated by 24 Carrots Catering and Events, which operates the existing conference space operated within the courtyard, and leases the existing retail space of the Provincial Building. The conference center and courtyard garden space is currently used to host weddings, corporate and social gatherings, conferences, sales and training seminars, fundraisers, showers and similar type events. It is the intent of the Applicant to convert the existing retail space on the east side of the first floor of the building, into an interior ballroom/anteroom (general gathering area). This space will be used primarily for either a cocktail reception area to accompany a formal dinner celebration in the courtyard, or vice versa. The general gathering area will also be used as the primary event space during periods of inclement weather. Franciscan Gardens provides tables, chairs, and supplemental decor for all events. Catered food service is prepared and cooked offsite at the 24 Carrots corporate office in Irvine. All food is heated and cooled at the licensed food preparation facility, and transported ready to serve or assemble and re-heat onsite. 24 Carrots holds a Type 57 State (caterers) Liquor License and houses all alcohol at the referenced corporate offices. As noted above, the Applicant's proposal does not include the construction or addition of a kitchen (commercial or otherwise), a bar, or fixed or permanent seating. Furthermore, all waste and soiled dishes or serving utensils will be retrieved and transported off-site to corporate offices for disposal and cleaning. Business office hours are proposed to be from 9:00 am to 6:00pm, Monday through Sunday, with the exception of event days, which are proposed to be from 8:00AM to 12:00 AM, seven days a week. The Applicant is proposing to self-limit the maximum occupancy for the use of the interior and exterior spaces at 200 people (combined total). Depending on the size and type of event, the minimum staff can range from one-person to a maximum of 15 people. The outdoor event space includes a stage area where music can be provided by either a live band or a OJ based on preference. All of the functions of the facility will either occur within the building or within the walled courtyard. The Applicant has indicated that they currently self-monitor music and noise levels, and the City has no known past instances of noise level disturbances from this specific venue. Staff does not anticipate that the continued use of live and pre-recorded music (live entertainment) at the facility will increase in intensity or cause future disturbances, but recommends certain conditions of approval to mitigate noise or other impacts of live or pre-recorded music at
Planning Commission Agenda Report January 10, 2017 Page 6 of 11 the site, as "live entertainment" is also listed as a conditional use in the HTC Code. Parking As previously mentioned, the Provincial Building is 12,012 square feet and is comprised of two stories and a "daylight" (walk-out) basement area that takes up roughly X of the footprint at the rear of the building. Although the site has no on-site parking spaces, with exception of two short-term parking spaces on the south-side of the building, it is the property owners' understanding that they have been granted access to 64 of 350 available parking spaces based upon a 1987 recorded easement agreement between the property owner and the owners of the parking structure (Franciscan Plaza). Staff has noted that the easement agreement does not prescribe the actual number of parking spaces that have been granted to the owner of the Provincial Building. Article VII (Parking) of the Easement Agreement does grant the property owners the right to use, without charge or fee, an amount of parking spaces in the Franciscan Plaza parking structure, calculated based on "the number of parking spaces required by the City of San Juan Capistrano for the building... based on its current square footage" (Attachment 3). The agreement also allows additional parking, as may be needed, not to exceed 24 spaces. The easement agreement allows access from Camino Capistrano to the parking structure location through a 26-foot wide drive aisle on the south-side of the property. In return for the drive-aisle easement, the parking spaces are available to the Provincial Building property, free of charge, from 8:00 AM to 7:00 PM. It is presumed that guests may have to pay to park beyond the allotted free parking time. Staff has evaluated the parking allocation for the proposed use and determined that with the conference facility use on the first floor and office uses on the second floor, the entirety of the building would require a total of 38 spaces, based on the City's Parking requirement. These 38 spaces are currently available in the adjacent Franciscan Plaza parking Structure for use by the property owner through the Easement Agreement. The parking is based on the requirements within the Historic Town Center (HTC) Form Based Code, which requires 1 parking space for every 250 feet of retail/office space, and 1 parking space for every 350 square feet of conference facility space. The change in use from retail/office to conference facility will actually result in the reduction of 4 parking spaces needed for the building. The 1,612 square foot basement is used for storage, which has no parking requirement within the Municipal Code and does not count towards the parking required for the building. Discussion of Concerns/Conditions Although Franciscan Gardens and other similar businesses have been operating successfully and without issues within the City, staff has some concerns regarding the proposed operation of the conference facility. Listed below are staff's concerns and recommendations for additional conditions of approval for the proposed use: 1. Occupancy: Based on the building code standards, the indoor general assembly area of the conference facility, once converted from retail space to general
Planning Commission Agenda Report January 10, 2017 Page 7 of 11 assembly, will have a maximum occupancy of 184 persons, and the existing office space square footage yields an occupancy of 15 for a total of 199 persons. The outdoor patio space does not have a maximum occupancy cap, as it is not an enclosed space. The Applicant is willing to self-cap the occupancy to 200 people. With that in mind, Staff is recommending that the 200 occupancy cap be a condition of approval. 2. Use of Facility: The primary use of the facility is for events and gatherings associated with a conference center including ancillary uses typically associated with the primary use, such as food and beverage service, live and pre-recorded music and similar performances. As such, staff is recommending a series of conditions to further regulate the use of the facility as intended by the current business owner/lessee, as the CUP would potentially run with the property in perpetuity unless the use is abandoned: The facility shall not be rented, leased, subleased, or otherwise occupied for purposes not specified by the business owner for this CUP application. Event functions shall be limited to invited guests only. Onsite or virtual ticket sales or collecting money (at the door/event entrance) from individuals to gain entry to the facility for any event shall be prohibited. Music, lighting, noise and odors shall be confined within the conference facility building or the walled courtyard area, so as not to disturb other adjacent businesses or properties, and patrons on the public right-of-way. Expansion or modification of the facility or use which intensifies the existing Conditional Use Permit shall require a new Conditional Use Permit application. Expansion shall constitute adding floor area to the conference use, changes to the use or operation, or any physical change to the building as determined by Development Services Director. Adequate means shall be provided for the collection of solid waste_generated at the site and that all recyclable items shall be collected and properly disposed of. The service of alcoholic beverages shall be in full accord with the regulations and conditions established by the State Department of Alcoholic Beverage Control for the license held by the business owner. When alcoholic beverages are being provided by the sponsor of the event, serving staff must be aware of obvious intoxication and take appropriate action to prevent incidences associated with intoxication. The operator of the conference facility shall ensure that no patron under the age of 21 consumes an alcoholic beverage on site, and that the service of alcoholic beverages shall be in full accord with regulations and conditions established by the State Department of Alcoholic Beverage Control. The operator of the conference facility shall take sufficient measures to effectively enforce and eliminate any loitering, parking congestion, and disturbing noise, disturbing light, loud conversation and any potential criminal activities associated with any event held onsite.
Planning Commission Agenda Report January 10, 2017 Page 8 of 11 Access to the premises shall be made available upon reasonable request by all City of San Juan Capistrano staff, including, but not necessarily limited to Development Services Department employees, representatives from the Orange County Fire and Sheriff's Department, etc., for the purpose of verifying compliance with all laws and the conditions of this approval. At least one member of the conference facility management or designed staff shall remain on-site during events. 3. Hours of Operation: The proposed conference facility is centrally located in the City's Historic Town Center, and is adjacent to other retail businesses and offices, including the City's parking structure. Thus, there are no sensitive receptors directly adjacent to the conference facility that would be negatively affected by noise coming from an event held in the outdoor courtyard. Staff recommends limiting the proposed hours of operation of the conference facility, which are proposed to be from 8:00 AM to 12:00 AM, a condition of approval. Although the Applicant has proposed to self-regulate for noise, Staff is recommending that all amplified music cease at 11:00 PM, Sunday through Thursday. 4. Parking and Circulation: Although the property has sufficient dedicated parking within the adjacent parking structure, staff is still concerned with parking, loading, vehicle circulation and emergency egress. Because of the limited width of the existing 26 foot wide drive-aisle between Camino Capistrano and the parking structure, staff is recommending that the drive-aisle remain un-obstructed at all times. Staff additionally recommends, as a condition of approval, that no venue or outside vendor parking shall be permitted along the drive aisle, with exception for temporary short-term loading and unloading of equipment and food to be completed at least one hour prior to or following any event and for a maximum one-hour period of time. Once the loading and unloading has been completed, service vehicles shall be parked in a legal, long-term parking space for the duration of the event. 5. Event Coordination: As mentioned, the location of the proposed conference facility is in the center of the Historic Town Center. Staff is concerned that other large events and gatherings nearby could potentially present significant impacts to parking and circulation in the Town Center. Thus, for this reason, staff is recommending that the owners/operators of Franciscan Gardens coordinate events with the Code Enforcement Division by e-mailing a courtesy monthly schedule of events (with a minimum of 15 days in advance of each month) occurring at the conference facility to allow Code Enforcement to coordinate with the Sherriff and other public safety agencies when there are multiple large gatherings occurring in and around the Town Center. Conditional Use Permit: The proposed conference facility is located within the Town Center (TC) Zone Map designation and within the General Commercial land use district, and conference facility uses are classified as a conditionally permitted use within this zone district. Conditional
Planning Commission Agenda Report January 10, 2017 Page 9 of 11 Use Permits are governed by the San Juan Capistrano Municipal Code Section 9-2.317. Conditional Use Permits may be granted when it can be shown that the following can be established: 1. The proposed use and design are consistent with the maps and policies of the General Plan; 2. The proposed use and design are consistent with the purpose, intent, and standards of the Land Use Code and any applicable specific plan or comprehensive development plan, except as otherwise approved; 3. The site for the proposed use is adequate in size and shape to accommodate all yards, open spaces, setbacks, walls and fences, parking and loading areas, fire and building code considerations, trash and recycling enclosures, and other features pertaining to the application; 4. The proposed use and the ongoing operation of the use are compatible with abutting properties and the permitted uses thereof, and will not generate excessive light, noise, vibration, odors, visual blight, traffic, or other disturbances, nuisances, or hazards; and 5. The site for the proposed use has adequate access and parking to support the use. If these findings can be made, then it is appropriate to grant the Conditional Use Permit. Conversely, the inability to make even one of these findings would result in a denial. Using this information, staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report. In analyzing the Conditional Use Permit request, staff believes the following findings of fact warrant approval of the Conditional Use Permit: 1. The proposed use and design are consistent with the maps and policies of the General Plan because the use is consistent with the General Commercial land use designation established by the General Plan; and, 2. The proposed use and design are consistent with the purpose, intent, and standards of the Land Use Code and any applicable specific plan or comprehensive development plan, except as otherwise approved, because a conference facility is expressly allowed in the Town Center zoning district subject to the approval of a Conditional Use Permit; and, 3. The site for the proposed use is adequate in size and shape to accommodate all yards, open spaces, setbacks, walls and fences, parking and loading areas, fire and building code considerations, trash and recycling enclosures, and other features pertaining to the application because the site includes an existing building that is being modified to accommodate the proposed use within the existing structure and a walled patio courtyard area, and as required by OCFA, a
Planning Commission Agenda Report January 10, 2017 Page 10 of 11 new fire suppressant system will be installed building wide to allow for the change in use from retail to general assembly, and trash generated from events will be removed from the site after each event; and, 4. The proposed use and the on-going operation of the use are compatible with abutting properties and the permitted uses thereof, and will not generate excessive light, noise, vibration, odors, visual blight, traffic, or other disturbances, nuisances, or hazards because, the proposed conference use, including the ancillary uses associated with the main use, is compatible with other adjacent retail, restaurant, office and similar uses found throughout the Historic Town Center, and adjacent to the structure, and as conditioned, the use is not located near sensitive receptors and will not conflict with the nature of other businesses operating in the vicinity, will not keep similar hours of operation to reduce potential conflicts, will be of relatively small scale, the size of the events will not be expanded beyond the amount currently self-capped by the applicant (200 maximum occupancy) and live music that may be generated by the event will cease at 11 :00 PM Sunday through Thursday, and at 12:00 A.M. Friday Saturday; and, 5. The site for the proposed use has adequate access and parking to support the use because the site is subject to an Easement Agreement with the owners of the adjacent parking structure which currently provides access to 64 (in total) parking spaces to be used for the Provincial Building in return for a drive-aisle easement; and the evaluated parking allocation for the proposed uses based on the Parking Requirements, as specified within the Historic Town Center Code, determined that with the conference facility use on the first floor and office uses on the second floor, the project requires a minimum of 38 spaces resulting in a surplus of 26 parking spaces. COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS: On August 23, 2016, the Development Advisory Board (DAB) reviewed the application and provided a follow-up letter to the Applicant with comments. Based on those comments, the Applicant re-submitted revised plans on October 31, 2016. Again, on November 16, 2016, the DAB reviewed the application and cleared the item for review by the Planning Commission. ENVIRONMENTAL ANALYSIS: This project has been reviewed in accordance with the California Environmental Quality Act. The City's Environmental Administrator has determined that the project is categorically exempt (Section 15301; Class 1 "Existing Facilities") from further review. The project includes the establishment of a conference use, which is an allowed use, with conditions, within the zone designation. The proposed use is compliant with all of the development standards including parking. The project is located within a commercial building, and only includes minor interior improvements including walls,
Planning Commission Agenda Report January 10, 2017 Page 11 of 11 plumbing and electrical, and minor exterior improvements to bring exiting into compliance with building code; the project does not include the expansion of the existing structure. A Notice of Exemption (NOE) will be posted should the project receive final approval. NOTIFICATION: Pursuant to Title 9, Land Use Code, Section 9-2.302(f), Notification Procedures, a public hearing notice has been mailed to all property owners within 1,000 feet as listed on the Orange County Real Property Tax Assessment rolls (Attachment 4). Furthermore, a hearing notice has been published in the Capistrano Valley News at least ten (1 0) days prior to the hearing, and has been posted at three public locations, including an on-site posting. This agenda item has been provided to the applicant and their representative through posting of the agenda packet on the City's website. ATTACHMENT(S): Attachment 1- Resolution 17-01-10-01 Attachment 2 -Aerial Land Use and Zoning Map Attachment 3 - Easement Agreement Attachment 4 - Public Hearing Notice ENCLOSURES: Enclosure 1 - Revised Building Plans
PC RESOLUTION NO. 17-01-10-01 CONDITIONAL USE PERMIT (CUP) 16-002 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA APPROVING CONDITIONAL USE PERMIT (CUP) 16-002 FOR FRANCISCAN GARDENS, A PROPOSED CONFERENCE FACILITY, LOCATED AT 31815 CAMINO CAPISTRANO (ASSESSOR PARCEL NUMBER 121-150-11) (APPLICANT: PHILLIP BENNETT ON BEHALF OF 24 CARROTS CATERING AND EVENTS). Whereas, Phillip Bennett, on behalf of 24 Carrots Catering and Events, operator of Franciscan Gardens located at 31815 Camino Capistrano, San Juan Capistrano, California 92675 (the "Applicant"), has requested approval of CUP 16-002 for Franciscan Gardens, a proposed Conference Facility within the first floor of the Provincial Building, an existing structure located at the same address within the Town Center zoning map designation and within the General Commercial General Plan designation (the "Project"); and, Whereas, Waikaremoana Limited Partnership, 31815 Del Obispo Street, Suite 25, San Juan Capistrano, CA 92675, is the owner of real property located at the same address, Assessor Parcel Number 121-150-11; and, Whereas, the Project has been processed pursuant to Section 9-2.301, Development Review of the Land Use Code; and, Whereas, the City's Environmental Administrator has review the project pursuant to the California Environmental Quality Act ("CEQA") and has determined that the project is categorically exempt under State CEQA Guidelines, Section 15301 (Class 1 "Existing Facilities") from further environmental review; and Whereas, the Planning Commission conducted a duly-noticed public hearing on January 10, 2017 pursuant to Title 9, Land Use Code, Section 9-2.302 and City Council Policy 5 to consider public testimony on the Project and has considered all relevant public comments. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of San Juan Capistrano does hereby find that the project is Categorically Exempt (State CEQA Guidelines Section 15301; Class 1 "Existing Facilities") from further environmental review under CEQA. The project is consistent with Section 15301 because the proposed alterations to the existing building involve negligible or no expansion of the use beyond that already taking place at the site. Further, none of the exceptions to the exemptions, found in State CEQA Guidelines Section 15300.2, apply. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of San Juan Capistrano does hereby make the following findings as ATTACHMENT 1
PC Resolution 17-01-1 0-01 2 January 10. 2017 established by Section 9-2.317 of Title 9, Land Use Code of the City of San Juan Capistrano: 1. The proposed use and design are consistent with the maps and policies of the General Plan because the use is consistent with the General Commercial land use designation established by the General Plan; and, 2. The proposed use and design are consistent with the purpose, intent, and standards of the Land Use Code and any applicable specific plan or comprehensive development plan, except as otherwise approved, because a conference facility is expressly allowed in the Town Center zoning district subject to the approval of a Conditional Use Permit; and, 3. The site for the proposed use is adequate in size and shape to accommodate all yards, open spaces, setbacks, walls and fences, parking and loading areas, fire and building code considerations, trash and recycling enclosures, and other features pertaining to the application because the site includes an existing building that is being modified to accommodate the proposed use within the existing structure and a walled patio courtyard area, and as required by OCFA, a new fire suppressant system will be installed building wide to allow for the change in use from retail to general assembly, and trash generated from events will be removed from the site after each event; and, 4. The proposed use and the on-going operation of the use are compatible with abutting properties and the permitted uses thereof, and will not generate excessive light, noise, vibration, odors, visual blight, traffic, or other disturbances, nuisances, or hazards because, the proposed conference use is compatible with other adjacent retail, restaurant, office and similar uses found throughout the Historic Town Center, and adjacent to the structure, and as conditioned, the use is not located near sensitive receptors and will not conflict with the nature of other businesses operating in the vicinity, will not keep similar hours of operation to reduce potential conflicts, will be of relatively small scale, the size of the events will not be expanded beyond the amount currently self-capped by the applicant (200 maximum occupancy) and live music that may be generated by the event will cease at 11:00 PM Sunday through Thursday, and at 12:00 A.M. Friday Saturday; and, 5. The site for the proposed use has adequate access and parking to support the use because the site is subject to an Easement Agreement with the owners of the adjacent parking structure which currently provides access to 64 (in total) parking spaces to be used for the Provincial Building in return for a drive-aisle easement; and the evaluated parking allocation for the proposed uses based on the Parking Requirements, as specified within the Historic Town Center Code, determined that with the conference facility use on the first floor and office uses on the second floor, the project requires a minimum of 38 spaces resulting in a surplus of 26 parking spaces.
PC Resolution 17-01-10-01 3 January 10. 2017 NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano hereby approves Conditional Use Permit (CUP) 16-002 subject to those applicable conditions of approval established in the Conditions of Approval attached hereto as Exhibit A and incorporated herein by reference. CUSTODIAN OF RECORDS: The documents and materials associated with this Resolution that constitute the record of proceedings on which these findings are based are located at San Juan Capistrano City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California 92675. The Development Services Director is the custodian of the record of proceedings. PROTEST OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS: Pursuant to Government Code Section 66020, the applicant may protest the imposition of fees, dedications, reservations or other exactions imposed on this development project by taking the necessary steps and following the procedures established by Sections 66020 through 66022 of the California Government Code. PASSED, APPROVED AND ADOPTED this 10th day of January, 2017. Mark Speros, Chairman Sergio Klotz, AICP, Assistant Development Services Director/Secretary
EXHIBIT "A" PC RESOLUTION #17-01-10-01 CONDITIONS OF APPROVAL PROJECT LOG#: CUP 16-002 PROJECT NAME: Franciscan Gardens Conference Facility APPROVAL DATE: January 10, 2017 These conditions of approval apply to Conditional Use Permit 16-002 a request for approval of a conference facility to be located on the first floor of the Provincial Building, changing the use from retail to a general assembly use located at 31815 Camino Capistrano. The proposed project also includes changes to the interior of the building in order to change the use from a Occupancy Type "B" (office/retail) to an Occupancy Type A-2 (Assembly). Conditional Use Permit (CUP) 16-002 is approved subject to compliance, to the reasonable satisfaction of the Development Services Department, with all applicable sections of the San Juan Capistrano Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by Conditional Use Permit approval. These conditions of approval apply to the above-referenced project application described in more detail below. For the purpose of these conditions, the term "applicant" shall also mean the developer, the owner or any successor(s) in interest to the terms of this approval. The plans and the proposed use of the project site are hereby incorporated by reference into this approval as submitted and conditioned herein, and shall not be further altered unless reviewed and approved by the affected city departments. Minor modifications to this project approval may be approved by the Development Services Director pursuant to Section 9-2.303, Administrative approvals of Title 9, Land Use Code. General Conditions: 1. Conditional Use Permit 16-002 is granted for Franciscan Gardens, to allow a conference facility use located on the first floor of the Provincial Building, 31815 Camino Capistrano, in the City of San Juan Capistrano's Historic Town Center. Approval is granted based on the application materials submitted by Architect Phillip Bennett on behalf of 24 Carrots Catering and Events on October 31, 2016. These plans and the proposed use of the site are approved as submitted and conditioned herein, and shall not be further altered unless reviewed and approved by the affected city departments. Minor modifications to this approval which are determined by the Development Services Director to be in substantial conformance with the approved site plan, and which do not intensify or change the use or require any deviations from adopted standards, may be approved by the Development Services Director upon submittal of an
CUP 16-002 Franciscan Gardens Final Conditions of Approval Page 2 of6 application and the required deposit or fee. This approval shall become effective on the first business day following the date of the approval and shall expire 24 months after the effective date of the approval unless the use or occupancy which is the subject of this action has taken place and all conditions of approval have been met, or a time extension has been granted by the City. Any application for an extension of time shall be submitted to the Development Services Department, along with the required deposit or fee, at least ninety (90) days prior to the expiration date of this approval, except as otherwise approved by the Development Services Director. 2. Approval of this application does not relieve the applicant from complying with other applicable Federal, State, County or City regulations or requirements. 3. All plans, specifications, studies, reports, calculations, maps, notes, legal documents, and designs shall be prepared, signed, and stamped (when required) only by those individuals legally authorized to do so. 4. The applicant shall defend, indemnify, and hold harmless the City of San Juan Capistrano and its officers, employees, and agents from and against any claim, action, or proceeding against the City of San Juan Capistrano, its officers, employees, or agents to attack, set aside, void, or annul any approval or condition of approval of the City of San Juan Capistrano concerning this project, including but not limited to any approval or condition of approval of the City Council, Planning Commission, or City Planner. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter. 5. The applicant shall be responsible for informing all subcontractors, consultants, engineers, or other business entities providing services related to the project of their responsibilities to comply with these conditions of approval and all pertinent requirements in the San Juan Capistrano Municipal Code, including the requirement that a business license be obtained by all entities doing business in the City. 6. In the event that exhibits and written conditions are inconsistent, the written conditions shall prevail. If there are any disparities between these conditions and the plans or final revised plans that are approved for any subsequent phase, the conditions and/or plans as stipulated in the later approval shall prevail.
CUP 16-002 Franciscan Gardens Final Conditions of Approval Page 3 of6 7. The use shall meet the standards and shall be developed within the limits established by the Municipal Code as related to emissions of noise, odor, dust, vibration, wastes, fumes, or any public nuisances arising or occurring incidental to the establishment or operation. 8. The applicant shall pay all fees at the time fees are determined payable and comply with all requirements of the applicable federal, state, and local agencies. The duty of inquiry as to such requirements shall be upon the applicant. 9. Building signage has is not a part of this approval and any future signage for the project requires a separate process for the issuance of a sign permit and building permits, and is subject to review and approval by the Planning Department and Building and Safety Department. Future signage may also trigger the need for a sign program for the building. 10. The Design Review Committee shall review and approve the proposed exterior changes to the fac;:ade programing (new door, windows) prior to issuance of a building permit for said improvements. 11. All applicable approvals and clearance from other departments and agencies shall be on file with the Building and Safety Department prior to issuance of any permits, final inspections, utility releases and/or release of securities, as specified in these conditions. (B&S) The following ongoing conditions shall be complied with at all times after completion of the project. 12. Franciscan Gardens shall not operate prior to 8:00AM and no later than 12:00 AM. Violation of the operating hour restrictions may result in the City initiating revocation proceedings on the Conditional Use Permit. Live music shall be permitted between 8:00 AM to 11: PM Sunday-Thursday, and between 8:00AM to 12:00 AM Friday and Saturday. 13. The maximum event occupancy shall not exceed 200 persons. Event occupancy shall be noted on promotional materials advertising the venue. 14. The drive-aisle between Camino Capistrano and the parking structure shall remain un-obstructed at all times. No venue or outside vendor parking shall be permitted along the drive aisle with exception for temporary short-term loading and unloading of equipment and food only to be completed within a one-hour time frame, one-hour prior to or following any event. Once the loading and unloading has been completed, service vehicles shall be parked in a legal, long-term parking space for the duration of the event.
CUP 16-002 Franciscan Gardens Final Conditions of Approval Page 4 of6 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. The owners/operators of the business shall coordinate events with the Code Enforcement Department by e-mailing a courtesy monthly schedule of events occurring at the conference facility 15 days in advance of each month. Prior to operation of the indoor conference facility, the Applicant shall satisfy all requirements of the Orange County Fire Authority (OCFA). Any new equipment required for compliance with the OCFA shall be kept out of public view. In the event significant alterations are required for installation of such equipment, all proposed alterations and installations must first be reviewed and approved by the Design Review Committee. The facility shall not be rented, leased, subleased, or otherwise occupied for purposes not specified by the business owner for this CUP application. Event functions shall be limited to invited guests only. Onsite or virtual ticket sales or collecting money (at the door/event entrance) from individuals to gain entry to the facility for any event shall be prohibited. Music, lighting, noise and odors shall be confined within the conference facility building or the walled courtyard area, so as not to disturb other adjacent businesses or properties, and patrons on the public right-of-way. Expansion or modification of the facility or use which intensifies the existing Conditional Use Permit shall require a new Conditional Use Permit application. Expansion shall constitute adding floor area to the conference use, changes to the use or operation, or any physical change to the building as determined by Development Services Director. Adequate means shall be provided for the collection of solid waste generated at the site and that all recyclable items shall be collected and properly disposed of. The service of alcoholic beverages shall be in full accord with the regulations and conditions established by the State Department of Alcoholic Beverage Control for the license held by the business owner. When alcoholic beverages are being provided by the sponsor of the event, serving staff must be aware of obvious intoxication and take appropriate action to prevent incidences associated with intoxication. The operator of the banqueuconference facility shall ensure that no patron under the age of 21 consumes an alcoholic beverage on site, and that the service of alcoholic beverages shall be in full accord with regulations and conditions established by the State Department of Alcoholic Beverage Control.
CUP 16-002 Franciscan Gardens Final Conditions of Approval Page 5 of6 25. The operator of the banqueuconference facility shall take sufficient measures to effectively enforce and eliminate any loitering, parking congestion, and disturbing noise, disturbing light, loud conversation and any potential criminal activities associated with any event held onsite. 26. Access to the premises shall be made available upon reasonable request by all City of San Juan Capistrano staff, including, but not necessarily limited to Development Services Department employees, representatives from the Orange County Fire and Sheriff's Department, etc., for the purpose of verifying compliance with all laws and the conditions of this approval. 27. At least one member of the banqueuconference facility management or designed staff shall remain on-site during events. The following conditions shall be completed prior to or in conjunction with the issuance of building permits: 28. Applicable Codes. Prior to issuance of building permits, plans for this project shall be submitted to the Building and Safety Department for review and approval, and shall comply with the latest City-adopted edition of the applicable building codes. (B&S) The following conditions and requirements shall be met during construction, from the beginning of the first ground-disturbing activity until the use has been released for occupancy. 29. Waste Disposal and Sanitation. At all times during construction, the applicant shall maintain adequate sanitary disposal facilities and solid waste disposal containers on site. The accumulation of refuse and debris constituting a public nuisance is not permitted. (ENG) 30. Construction hours. Construction hours shall be limited to 7:00 a.m. to 6:30 p.m., Monday through Friday and between 8:30 a.m. and 4:30 p.m. on Saturday. Construction activity shall not be permitted on Sundays or any Federal holiday.(b&s) The following conditions shall be met prior to acceptance of improvements and release of bonds and/or surety, final utility clearances, or granting permission to use or occupy the project site, as specified below: 31. Final Planning Inspection. The applicant shall schedule a final inspection by the Development Services Department, and shall pay any outstanding
CUP 16-002 Franciscan Gardens Final Conditions of Approval Page 6 of6 balance in the Developer Deposit Account assigned to this application. (PLN) Responsible Agencies: B&S = ENG = PLN = PW = OCFA= Building and Safety Engineering Department Planning Department Public Works Department Orange County Fire Authority
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~- ~ ( '.. -./... ~.. :~1 :~~ - :, ~.:... ~:- ~ ; '.,.-. ' t. A. ~oc:oj..liroc;l Requested bp ~P,\NCISCAN PW.,Z1\ IloiVSS'l"~1EW!' GROUP. \~han Jleeorded Return tot PKANClSCAN ~LAZ~ INVBS?M~~T GROUP c/o Pau:t L. Farber ~oloo La Al~~eda, suita 470!{i~slon Viejo, CA ~2691 ' 87.-700180 RECORDING RfO\lm'm B'i 01itr.I\Gn lit! r. 1111 ; C!l 8~fiD.~O IN OPFlCI>\L.. &COROS wnnno& COUNrv. CAUI'ORNIA ~~ 0 DEC 18 1987. :::xr~a~~ E1.SEMENT AGRE~1E.NT. -!\- o:exs &AS~IEU"l' tt.ia Sa"" d~ty AGREEMENT (tho "A9'reement") is made as of of Solptembe-:, 1987, by and between FRANCISCAN PLAZA INVESTt m!t"'r GROUP, a Callfornia Li.ll:dtecl Partnership ("Franciscan") IU'Id ROBSR'l' L. Ul.RSEN and DORO'lRY NGAIRE LARSBN, Trustee of the ROSE.Jt.T L. LMISEN and DORO'w.Y NGAXRE LARSEN 1984 INTER VIVOS ':!RUST. Dst:ed Der.:&mb-ar 6. l'bt ("Larsen" col.lectively bez;-ein). : IU>C:ITALS: fol1owin~ This Agz;-eement is Qntered into upon the basis of the facts, understandings ond intentions of the parties; A. Pranoiacan is t~e owner o: cez;-tain parcels of real ~roper~y loca~d in the City of San Juan Capistrano, County of orange,.. State of Califuz:nia (tt.e "Franciscan Parcels"), more particularly de:suribed in &..'Chibit A attached hereto and -incorpo:~:ated herein by this ::-eference. B. Laz;osen is the owner of that cez;-tain parcel of real property located in ~~e City o! San Juan Capistrano, co~nty of Orlinge. St.ate of Ct1lifornia (the "Lt.z;-san Parcel"), more particalarly descriocd in Exhibit B attached hereto and ineorpo::-ated h~reln ~y this reference. c. tranciscan is in t~e process of expanding an existing shopping center whieh ~s presentlr located on a portion of the ~ran.ciscen Paz:c~J.s an~ in comlection ;, ith such expansion desires co obtain fro~ Larsen cc::-tain easements and a~=o~~ents ' \ pertain.i.ng tel tl\c lri\r:u.,ll Parcel in cxchan~o for cert~in l II twtw a; 1 ATTACHMENTJ
',.. ',......,. ' 67-700180 easonoentli and a9reo1nanto pertein:i ng t!:l the Franciscan Pilrcels. D. 'lhe oaaemento... nc."\ other are11s described hereinafter are Gho"'-n on tha Plon ( "P.esemunt i'lap" i attached hereto as Exhibit c and mad~ a part hereof by reference. NOW. 'l:hersfore, in consideration of the mut\lal covenants ~na agreemontg contained herein and other valuable consideratron, the p;.u:l'..j,elj agree as fallowa: ARTICJ.E 'I INGRESS Alm EGRESS BASEMENTS 1. Grant of Easantents. Larsen grants to Franciscan, ~ non-exclusive easement over, across and in and through the porti.on of the Larsen Pax:c:el described on Exhibit D a.ttached here"to and made a part: hereof by reference for the.ing-ress and GgJ:ess and for tha passac;e of pedestrians and motor vehicles (co~rcia~ and other kinds) Franciscan grants to Larsen, a non-exclusive easement over, ao:oss and in and through the porti~ of the FrL>ciscan Parce~s described on.exhibit E attached bueto and made a part hereof by reference for the ingress and egregs and for the passage of pedestrians and motor vehicles {commerr:ial and other kinds). The areas on.. which thg foregoing easements are located shall be hereinafter co1lective1y referred to as the "D-rive,fay Easement Area". easements herein qranted shall not be terminated by non-use or abandorunant, shall be appurtenant to and for the benefit of the E'rllnciscan Parcels and Lar.;sen l'arcel, as the case may be, and shall be non-el\c:lusive and used in c:c11111non by Franciscan with Larsen and their respective successors in interest, tenants, invitee~ and l!consees. Notwithsto\ndinq the above, it: the City of San Juan Capist:!:ano!:"aq-.aites th-s Dri.ve'ira~ Easement Area on either the Franciscan Parcel$ or tho Larsen Parcel to be increased or decreaaad in size, the parties agree rn A~P.cute ~I:Atever and record cocuiiittnts may be required to E:lo.ldify the easements sho-... n on Exhibits D and E to reflecl: the changes!:"equired b:t The -2- I II I " I
I.I I! I... "l 87-700180 ~he Cit} of San Ju<m C<&pi.strano~ pl:o'iided, bowever, t.he total si~o of the Driveway Easement n~ea on the F~anciscan Parcels and ~he Larsen Parcel shall no~ exceod ~wenty-s~ (2Gl f~et in \-ticlth, unles.s required as a ct~ndition City of San Junn cap!at~ano. of approval l:iy the 2. Additiancl Easements. In ~ddi ti.on to the above easements, tl'le parties hereto shall qrant: to each oi:her in writing, in raoordabl~ form, such additional easements as may be necessary for the driveway approac.'les to the Driveway Easement Araa and for a turnout axea for motor vehi.c1es (commercial. and other kinds) adj.llcant to the Driveway Easement Area, al.l e.s approximately shown on the Easement Map. However, tba exact location and dinleusions of such easements shall be dete~ned after the construction by ~ranciscan of such dri-veway approacbcis and turnou~ area, which Franciscan is hereby au~'lorized to eonstruet, and shall be subject to the requirements of tbe City of san Juan Capistrano. 3. Cor.atruction of Drivl*Jax Easement Area and Other Improvenants. Franciscan, without cost or expense to Lar$en, shall dasign, constr~ct and ~nstall a driveway for the passa9e of mote~ v~.icles Easement Area. (commercial and othe: kinds] over the Driveway Fror.c1scan shall have the right to demolish and. remove all existlnq improvements on the Driveway Easement Area, includinq, without limit~tion, thereon. Aft<!:'r demo~ition the parking areas now located and retuoval ol: the asphalt parkinq lot now,,ocated at the rear portion of the Larsen Parcel ("Old Perking Lot")! Franciscan, at its Role cost and expense, shall im~ort a~d compact. su~ficient dirt to raise the level of portions of the Old Parking r~t to that of the street level of the nearby street, Camino Capistrano, as shown on the Ear.ernent t iap. Fr.anciscan shall abo :~rade the Old Parking Lot and provide drainac;e connections the:res:rom to the Driveway Ellst.:r ant Area. -3-
M l o o ' i r 87-700180 an ent~ance Frano~acan.,;lla.J.l, at ;t.l;s sole Cl)s_t anc cu:pensa, construct from the peu6st~lan walkway located behind the L&rser.?arcel to the railr portion of tho t.a:rscn i.>llrcel, nll I.&B showr. en eho B.ssament t-la.p attao;:had hereto.f:anciscan shal.l. 1 A.t i~ SQle cost and expense, construct the ~riveway appruac:bes and ~urnout are~ ~eferred to in paragraph 2 of this Article I. Franciscan further agrees to construct the following i~provements; (a) Concrete sidewall' and stairs and hardscape and l.andscape ~provements ~e~een the existing building on the Lnrsen Parcel and the Driveway Easement Area as shown on the Basement Map, provided that the maximum amount tbat Franciscan shall be required to expend for such hardsoa9e and landscape improvements shall ~e $2500.00 (b) Retain.1.!19 Wllll$ acro$si the area shown on the Easement Map; atld {o) Concrete stairways in the a rp.a shown on the Easement! lap and rej.ooation of existinq gas meters. 4. Cost of Maintenance. Franciscan, without cost or expense to Larsen, shall main~ain and repair said driveway constructed pursu11nt to the provisions of paragraph 3 of this Article I, but all other impro"elll&n ts const:ruc1:ed by Franciscan on the La~~: sen. ~arcel pursuant to the provisions of this Article I shall be maintained and repa:l.red by L~rsen. 1\.RTICLE II ORA!NAGE BME!o!EH'!' 1. Grant of Basement. Larsen ~rants to Franciscan a no~cxclusive easement over, across, und~r and throuqb the portion of the Laraen?arcel cescri~ed on Exhibit D for the construction, -4-
t 87-700180 ii"lllt tll<ition, maintenance and operat:.i.on.;;!' water droi:~i.l.g~ s~ stems and f~cilities. Francisco.n qr"nts to Larsen a non-exclusive easement over, across and in and through the portion of the Franciscan P~els desc~~bed on EXhibit E for the construction, installation, maintenance and operation of water drainage sys~ems an~ facilitibs. The e~sements herein granted shall not be terminated by non-use or abandonment, shall be appurtenant to and for the benefit of the Franciscan J?arce1s and Laraa.--a ::?arc:el, as the case Dtay be, and shall be non-exclusive and used in common by Franciscan with Lars.en and their respective successors in interest, tenants, invitees and llcensees o 2 o ConstructJ.on of Water Drainage Systems and Faoili ties. Franciscan~ without co:~>t or expense to Larsen, shall design, construct and install the water drainage systems and facilities described i.n Arti.cle l:l:, paragraph 1 above. All water drainage facilities ir.stalled by F4anciscan hereunder shall whenever and \1lherever reasonab~y feasible be located beneath the surface of ~~e Driv~~ay ~asement.~ea, provided, however, that in any event all such faci~ities which are located in the Driveway Easement Area above the surfnce shall be placed so as not to interfere.. with, restrict or impede use of the D~iveway Easement Area 'J!or ingress and egress by motor vehicles {commercial or other kinds). J. connections. Larsen ~nd Franciscan shall each have the right to connect into and wlth and to use in common with t:he othor the storm drainage systems a11d facilities installed by Franciscan in the Driveway Easement Area. Any such connection effected by Larsen or Franci~cQn pursuant hereto shall be without cost or expense to the other p~ty, at its sole cost and expense p~ovlde provided that Franciscan shall the drainage connections fro~ the Old Parldng Lot to tile Driveway Eaaement Area as required ~n~er the terms of paragraph 3 of. Artj.ele I. -5- - ' I I
87-700180 4, Cost of Mo.1nt.enance. Franc.i.scan sh11ll pay the cost <m<l C)tper.se of maintainin'1 emd repairi:\g ~he storm drainage facilities constl:uctea and.installed i.n the Drivew4l' Easement Area. hereunder. s. ~icatlon. If requixed by the Cit~ of san Juan Cap.i.st~ana, the parties shall execute and record a modification o the easoments g~:ante.oi in this Article as set forth in Article I, p~raqraph l. ARTII':LE II:t SANl:'tARY SEH&R FACXLITIES 1. Grant of San.i ta.ry Sewer Easement.. Franciscan grants to.lar&en a non-excl\\si.ve easement. over, across, in, under and through the proper~y de3cribed on Exhib.i.t p attached hereto and mada a part herqo b~ rete~nce cusewer Easement Areau) for the construct~on 1 installation, maintenance and operation of sanitary s~er systems and facilities. The easement herein ~ranted shall not be terminated or extinguished by non-use or abandon~~~ent, the ~a;sen shal.l be appurtenant to and for the benefit of ~arcel and sh~ll be non-exclusive and for the use in co~n ~Y Larsen with Fra~ciscan and their respective s.1ccesso>rs in interes~, tenant.s, invitees and licensees. 2 Connections. Larsen and Franciscan shall each have the right to connect into and with and to use in common with the other tl1e sanitary aewor S) stoms ~nd facil.ities installed oy Franciscan in the Se,.,er EaseJI'IBnt. Area. Any such connection effected by L;:n:sen or l!'xanciscan pm:sunnt hereto shall be w1thout cost or expcns~ to the other party. 3. ~ of l1nintenance.. Franci:'lcan shall pal' the cost and e~pense cf maint3ining and rapai~ing the sanitary sewer facilities constructed and installed in the se~ :er Easement Area h e:.eundoa r -5- I
87-70ot80 \. 4. Cost of Inst~llatiun. Franci~can shall be solely responsible for and shall pay all costs for the design,., construction and installation of that portion of the sanit~ry sewer facilities icatalled by Franciscan in the Sewer Easement Area to connect into and with the sewer lines on the Larsen Parcel and Franciscan Parcels s. Removal and Relocation. Franciscan shall have the right to r~ve the existing main sewer line from its present location on a po~tian of the Franciscan Parcels to an area on the Franciscan Paraels adjacent to the building now located on the Larsen Parcel, all as shown on the Basement Map attached horeto. such removal and relocation of the existing main sewer lines, shall be done by Frar~iscan at Franciscan's sola cost and expense. During such removal and relocation Franciscan shall provide at its cost and expense a temporary connection from the building now located on the Larsen Parce 1 into the sewer system so that there is ade~uate sewer service for such building during such removal and relocation period until. the sewer system i~ completed. ~ranciseen sh~ll be responsible foe all costs resulting fro~ such.. removal and relocation and any damage to the Larsen Parcel or any impr.ovements thereon, including any pavin9. Any such dam~ges shall be repaired by ~ranciscan at its sole cost anci e:<pense. 6. AbAndonment of E~istinq Sewer Easement(s). Upon compl.etion of the sanitary sewer system by Franciscan as described above, Lar$en shall execute such documents as may be requir.ed to abandon an~ ter~inte the existinq sewer easements on the Frcnciscan ~arcels. including, without limitation, if r8guired, a Quitclaim Deed of all of L~sen's inter6st in ~e existing sewer easement area. right, title and ~fcle._ IV ~C'l'RICAL l. Grant of E:e:sement. Frar.ciscara and Larsen shall each -7-
. ' -! i I 87-700180 grant to S:~on Diego Gas and Bleotri!! Company (~S.O,G.E.") the appropria~e E~seroents on their respective properties for the constructi.on, main~enance, reconstruction and repair of electric pow&r lines, tra~sfo:rmers ani other equipment for the transmissi~n of e1ectricity to se~ice the buildings and oth~r structures on the Franciscan Parcels and Larsen Parcel. Such transforme::.-s, el.ectrical lines and other equipment shall be located apprixlma~ely in the location shown on the Easement Map attached hereto, but such location may be changed by S.O.G.E.and the parties shall not unreasonably withhold their consent to such change and shall execut~ such documents as may be required to reflect such change. 2. construction by F.::anc.isoan. Franciscan shall at its sole cost and expense do the o11owing; (a) Rell'Ove the existing main electr~c power lines and equipmen~ located on Larsen's Parcel as indioated on the Easem~nt Map; (b) Install new electrical main power lines in the Driveway Easement Area as indicated on the Easement Map; (c) Install and maintain temporary electrical overhead power lines and/or change the existing overhead e1~euica.l service system to the. existing building on the Larsen Parcel to an underqround system; and (dl Jtepbce dte exi~jting si.x (6) elecuical meters on tba bu~lding presently located on the Larsen Pa~ce~ wlth one (1) meter, sized in accordance with S.D.G.E.'s requirements, to service the existing building on the Larsen Parcel and one electricel stub-out to service the proposed addition to that building in accordance with the require1nents of s.o.g.e. The future electrical ~eter and pan~l for said proposed addition shall be provided by Larsen at his sole.:::ost and e>:pense. -8-
I i I.... ARTICLE V SHORING AGREEMENT 87-700180 1. Grant of Easement. Larsen grants to Franciscan. a non-exclusive easement over, across and in and through the por:tion of the Larsen Parcel described on EXhibit D (as the same may be modified pursuant to ~provisions of p~agraph 1 of ArticJ.e I),!or the construction, maintenance, repa.ir and reconstruction of a retaining wall whose height and length shal.l not exceed the ~imensions shown on the drawi;tg attached hereto as EXhi.bi t G and made a part hereof by reference ("Driveway Retaining Wal.l Eas~ment") Tbe easements herein granted shall. not be terminated by non-use or abandonment, shall.be appartenant to and for the benefit of the Franciscat\ Parc11ls and shall be non-exclusive and used ln common by ~ranciscan with Larsen and their respective successors ~n interest, tenants, invitees and licensees. Not.wi~hstanding the above, if the City of San Juan capis~rano req~res the Driveway Retaining Wall Easement to be chan~ed o= ~dified in siza, the parties agree to execute and rec_ord wha~ver ~ocwnents cnay bq required to modify the Driveway Retaining Wall Easement to reflect the changes req..u.~:~d by the City o San Juan Capi.atrano. 2. Construction. Franciscan shall construct at its sole cost mnd expe~e a retaining w~ll on the Driveway Retaining Wall Easement. The tu.al.l of the l'arkinq Structure referred to in Article v.r:r. parag:t. aph 2 along the northerly proportl' line of the Larsen Parcel (nparking Structure Retaining t-lall") shall be designed and constructed by Franciscan in such manner as to support: tn.e additional buildillg surcharge load of a future building on tho Larsen Parcel which is limited to a ~~o (2) story, ligtt framed, type v, one hour, continuous framed building, \-lithout concentrated loads. 3. cost of l'laintenance. Franciscan tihall pa~ the co::;t ~nd exp(!nse of maintai.ning and r'!lpairing the DriVe\..:a:t Retaining \\'all. 9-
\ 1 i "! of rna~ntaining 87-700180 F~anci~c~n ana Larsen shall each pay one-half of ~he cost and repairing the Parking Structure Retaining Wall, pro\ laed t:bat until Larsen erects the bu:l.lclinc; addition to th.e existing building on the Larsen Parcel described in paragraph 2 above, Franciscan shall maintain a.ncl repair the Parking Structure Retaining wall. AaTl:CLB V.I TELBPaONE l. Grant of Easement. Franciscan and Larsen shall each grant to Pacific Bell Telephone Company ("Telephone companyn) the appropriate Easements on their respective properties for tbe const=uction, maintenance, reconstruction and repair of tel~phone transm1ssion lines, and other equipment for the trans JU.!.ssion of telephone servic~ for the buildings and other structures on the ~ranciac3n Parcels and ~arsen Parcel. Such telephone transmission lines and other equipment shall be located approx~at:ely in the location shown on the ~asernent Map attached bereto for the electric power lines, but such location may be changed by the Telephone Compar.y and the part.ies sh<all not unreasonably withhold their consent to aucb chan~e and shall execute such documents as may be required to reflect such change.. 2. Construction Costs. Franciscan shall at its sole cost; and expense pay the charges of the ~olephone company for the removal of the existing telephone lines and pales and the installation of the new u~aerg~ouna telephone syst~m. AR'l'ICLE VII. PARKING 1. Temporary Pa~k!ng. During the course of the construction by Francis~an as set forth in this E~semant ~greement, Franciscan shall provide temporary p~rkinq in an area on the rear portion o~ that part of the Franciscan Parcels formerly owned bl' Sall:~t ~~. Pollak,~tee, for use b} the. patrons of tha bui ld:l.ng on the Larsen Parcel. Fran;:isc~n shall p1 o d6e s~fficlent. ~ngress ar.o tl<jress to and from said temporar:; parkin9 al:ea to the Larm:m Parcel. -10-
.. 87-700i80 Th~ to\:ill n11~r of ~ra..-y parltill;l $\!,lac$ to be prqvided shnll be twenty-five (:S). Franciscan Qhall also provide all necessary barriers and tempornrr bridges and wal~ ways required by such construction. l.i 2, f.a.d~ i~.2... _t~_9!?~ Franciscan intends to cons~uct a Parking Structure on a portion of the Fraftciscan Parcels. Upon completion of such Pnrking Structure, Larsen shall have th& right to usa, without any cbar9e or fee, during the daytime from 8:00 ~.M. to 7J00 P.M., the following number of parking spaces: (a) The number of parki.n!j spaces required by the City of san Juan capistrano for the building located on the Larsen' Parsel based upon its current square footagej ah~ (b) Sucb additional parking spaces as may b~ needed for up.to, but not to exc~d, an additional Six Thousand (~,000) square f.~et in said building on the Larsen Parcel, p~ovided such additional Sq\1a~ footage is for re~5il or office type of tenants CU1d does not require more than one ( 1) parking space ~e~ 250 square feet of tenant space or a maxi.l11'.1.rn of t\ol&nty-four (24) parking spaces. '!'he locat:ion of such parking spacez fo.r L!!rsen shall be subject to F~anciscan's r~asonable discretion. such parking spaces shall only ba used by Larsen and tb~ tenants and occupants uf t.'le building on tile Larsen Parcel and their customers, invitees and l.icensees. Franciscan ~y establish auch rules and regulations for the?a:king Structure as Fr~,cisean in its discretion ~ay decide, including, without limitation, a parking card system or si~~lar requi~ment. All persons nnd motor vehicles using the Parking Structure, including, without limitation, Larsen and t<~nants and ac.cup;:mts of the building on the Larsen Parcel, and their customers, invitees and licensees shall be subject to such rul~s and regulations. -11-,,
. 87-700180 'l'ha park Lng right-.; of Larsen as set fol'"t.h in this paragraph 2 nh~l! bo incl~dad in the Lea~e of the Parking Structure between Frunciscan and the san Juan CapiGtrano P.edevelopment Agency and in m;.joint P41'kin<J Agreement regardinq the Parking Structure bet,, efl:ro t.'\i) Cl t:y of San Juan capistrano, said Redevelopment Aqency andior Franciscan. ARTICLE VIII -.,... t-2iscellaneous PROVISIONS 1. Const:~ction work Generally. All eonstr1.1ction, Alteration or repair work undertaken by Franciscan pursuadt herebo shall be accomplished as ~xpeditiously as possible. Franciscan shall (1) take all necesruuy measures to mi.nimlz:e any damage, di~ruption, adverse effect or inconvenience caused b1 such work to the Larsen Parcel, (ii) make adeq\14\ta p:~:ovi.si.ons for the ae.fe l:.y ana convenience of all persons entitled.to the use of the affected areas and (iii) repair any and all damaqe c:a~se.d bl such ~rork. F:~:ancisaan shall provide La~sen with a construction schedule ane will keep Larsen apprised of any chanqes in such scbeduie as the construction progresses. 2. Insura.,ca and Indem.~. {e) Public Liabilitv Insurance. Franciscan shall at all times maintain or cause to PS maintained comprehensive pub~ic liability insurance covering the Driveway Easement Area insuring against the risks of bodily injury and death and sn:operty damage J.iabili ty with respect to the Driveway Easement Area hereunde:~: and the use thereof by persons permitted or entitled thereto ir. accordance with this Agre~ent. Coverage under ~uch policies shall be in a comprehensive general liability form with a limit of not loss than ooe!>jillion Dollars l$1,000,000.00) per occurance or bodily injury 4nd death and Five Hundred Thousand Dollars (~500,000.00) for property dama;e. Larsen shall be named as An additional insured on such pol.ic.ieg :md such insua:a.uc~:~ Ghall provide that it may not b~ canced.ed \llit:hout at!.east ten (!Oi O.!I}'S prior,.,.ritten notice to Larsen. l';on ce::~;~nd, -12-
. i st.at.i;.; th.:.t: t.bl'l insurance required hereundel:' is in!ull force :..:.f. c..:"~.::..;:;; c.r.:. t:.at tl~<:: J::r.emiWile theretor have beeu pnid. Similar ing~rance ~h~ll b~ maintained by ~ranciscan covering the Orive\.:al Reta!r.in9 Wall d.urii\9' construction of said Retnining \ lilll pursuant. to t.l\e provis ~ ons of paragraph 2 of Article v. ind~mnify, {b) Indem~ity. Larsen Dnd Franciscan shall each defend ana hold the otber harmless from and against any and all claims, exp~nses. 11abilit~es. loss, damages and. costs, incl:uding rsasonabj.y ~ttoq)ays' "fa~, incur~ed in connection with, arising' f~, or as a result of death, accident. injury, loss or dama9e to any person or property in or ~out. the Drivaway Ezasement Area or ar..y other areas to be co1m10nly used by Larsen and F~:anc.iscan pursuant to the terms hereof ( othe~ common Areas") or :from any mechanic's or materia1man's lien, caused by or attr~utable to the use thereof by the indemnifying party or any parson entitled to the use of the Dri teway Easement Area or ot:her Conunon Areas under such paxty by the te~ hereof, except cla~ resulting from the: negl.ige<n<;:e or willft;.l aot or omission of the indemnified party or any person entit1ed to the use of the Dr~veway Easement Ar&a or other Common Areas under such party. Notwit.llstanding any of the pxo,isions herein contained to the contrary, each party hereto waives any right to recovery against the other party for a.ny loss, d!ui'cl!je or injury to the extent the s~t~ is eovcrcd by insurance p1~vided for by this Agreement. 3. Rights Upon Default. (a) Legal ~quiteble Relief. Each part~ shall have the right to prosecute any proceedings at law or in equity against the other party hereto or any successor in interest, or any other person violating or attempting to violate any of the provisions contained in this Agreement in order to prevent the violating part\' or any such pa~aon from viobtinq or attempting to violate the provisions of this Agreement and t:o recover damages for an;> -suo!h violatj.on. The remedies available hereunder shall includo, by way of illustration but not llmitut.iuu, ~~ parte applic;:at.ions for temporary restrainfng 0:: f 8 -~ -13-
87-700180 orders and prelimlncry injuncciona_ and permanent!~junctions enjo~ning any such violation or at~empted viol~ticn of any of t.he t:>t"ovisions <>f this 1\gJ.:eemei'lt. (b) Remedias Cumulative. All of the remedies permitted. or cw:e.illlble he2:8w1cler shall bo cumulative. In the event. that any action or suit is brought for the enforcement of any provision of this Agreement or as a result of any alleged violat~on of any of the provisions of this Agreement, the prevailing party or person 'in such suit shall be entitled to recover its costs of suit including reasonable attorneys' fee9 from the losing party or person And any judgment or decree entered in 5uCh proceeding shall include an award thereof. 4. covenants Run with the Land. A11 of the provisions, ag:eeme:ntsr ric]hts, power&, covenants, conditions and obligations contained in tr~s Agx~ement shall be perpetual, shal1 be binding upon, and &ball inure to the benefit of the parties i'.ereto, t.he:!.r respective heirs, o;uccessors (by merqer, consolida.tian or oi:he:twiae) anc! assigns, devisees, administrators, representatives, lesseeu and all other persons acquiring either the FrAnCiscan Parcels or the Larsen Parcel or any portion thereof or any interest therein, \ hether by operation by law or in any menoer whatsoever, unless and until modified as herein provided. All of the pro\' is ions of this Agreement shall be covenants running wi~ the land pursuant to applicable law, including but not limited to, Section 1468 of the Civil Code of the St:.ate of Californ.i.a. It. is expressly agreed that each covenant to do or refrain from doing some act on each parcel hereu~der (i) is for tha benefit of the other parcel, (ii) runs with each parcel, and (iii) shall benefit or be binding upon each successive ~~er d~rlng its ownership of each parcel or any portion thereof and eac-.h pej:"son having an~ interest therein derivad in any manner throuqh any 0\ITner o! any parcel or any portion thereof. -l'i- I'
87-700180 i S. Notice. An):' not:ica to either pnrty hereto mu~ be c;riven by dellv&r.lng the same in writing to such party 01: in person or by aenuing ~c s~ by registered o~ return receift requested, witb pastag-e prepaid, to the certified mail, addr~ssee'g maill~g address. The respecti~e mailing addres&es of ~he ~arties hereto are, until. changed by notice given pursuant hereto, the.fo1lowinc;r! Franciscan: Larsen: c/o Palll L. Farber. 26300 La Al~eda, Suite 470 Mission Viejo, CA 9Z691 35411 Camino Capistrano Capistrano Beach, CA 92624 6. Entire Aqreement. Tl'lis written Agreement and the exhibit,s hexeto contai.n all the representations and the enl:ire agceament between the partiea hereto with respect to the s~ject matter hereof. Any prior correspondence, memoranda or agreements are replaced in total by this Acp:eement, includi.ng, without limitation, that certain letter agreement dated January 22, 1987, The headings and title.s of the sections and subsections of this Agre~t are not a part hereof and shall have no effect upon the constru~tlon or repxesentations hereof. 7. Not a Publ ic Dedication. Nothing herein contained shall be dee~d to baa gift. or dedication of any portion of the Driveway Easement Area or of any other parcel described bergin or portion thereof to the general public or for the general publia or for. any public use or purpose whatsoever, it being the intention and understanding of the parties hereto that this Agre.ement. shall be strictly limited t.o and for the pcrposes herein expressed aolely for ~~e benefit of the parties hereto. 9. 'l'isne. Time is of tbe essence of this Agreement and each and ev&ry provision hersof. 10. aight ~~-± At any time prior to comme~cement of co1ust.ruction by Franciscan of the improvements. referred to herein, Fc~nciscan may cancel and terminate this Eas~~ent -15- I I
t I 87-700180 Agreem~nt. by wr.itten notice given to Larsen. If construction of t.be Parkin~ Structua:e has not commenced by one ( l) year from the date hereot, Larsen prior to commencement of ~uch ccnstruction may cancel ~nd terminate this Easement Aqreement by written notice 9iven to Franciscan. A~freen;ent IN NITNESS WHEREOF, the parties hereto have executed this as of the day and year first above written. "FRANCISCAN" FRANCISCAN PLAZA INVES'rMEl\."'1' GROUP a California L~ited Partnership By Paul L. Farber and Associates. Inc. Its General Partner By~/~1ia~.:::?~ --~---.=r:;;'. - =---.. P,urrL::F~ldent ~ Larsen, as Trustee o the Robert L. Larsen and Dorothy Ngaire Larsen 1984 Inter Vivos Trust (Dated December 6, 198~) -16-
SUDORDI~A'l'ION 87-700180 I The undersigned, as holdet: of the beneficial interest in and under that. c:carta;\n DBed of Trust recorded on.june 30, 1987 as Instrument No. 87-372144 in the Office of tne Orange county Recorder C the "need of Trust") which Deed of Trust is by ~nd between Robert L. Larsen and Dorothy Ngaire Larsen Trustee of the Robftrt: L. Larsen and Dorothy Ngaire Lllrsen 1984 lnter.vivos Trust dat0d Dec~be~ 6, 1994, as Trustor, and south Bay Financial Cotporation, a California Corporation, as Trustee, and 1'orrancG Savings anci r.oan Association, a California Corporation as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereunder to the foregoing easement Ageaement and each of the easements and other rights granted therein over, across or upon the Larsen Parcel described on Exh~bit B to the Easement Agreement. This Subordinat:icm does not extend to any a~echanie 'a l ens resulting frca the work of construction described in said Agreement. Dated~-----=11~30~8~7~-------------- Torrance Savinqs and Loan Association, a -California :;~4~ By CHARt&S RENDtER, VICE l'resli>enr _ STATE OF CALIFORNIA COUNT:IC OF I as AM;J!!' ES ss. on N()l.. 30, 1987 before me the undersigned a Not~ry Public r-n--ana~~s~id State, ~ersonally appear~d CKAIU.ES REW)LF.R,known to me to be the V!CB, President, and -,known to me to be the ---~------------,Secretary of the corp.~o~r""a~t"ti~o~n-- that e~ecuted the with1n instrum&nt; and known to me to b~ the persons ~ho executed the within instrument on behalf of the corporation therein named, and acknowledqed to me that such corporation executed the within instrument pursuant to its bylaws or a resoluti~n of its boar4 of directors. my hand and official ~eal. t~itl~ess (!~~ CAROl h"'s -17- I I! I I ~
87-700180. j >I.j I.I. 1 ST~TR COUN'l'~ OF CALIFOR~IA OF ORANGE ss. on this the J'' (/, dey of De<:embar 1 1987, b~fore lne, the undo~signed, a Notary Public in and tor said State, personally appea~ed Paul. L. Farber personally known to me or proved to me on the basi5 of satisfactory evidence to be the person who executed' the within.instrument. as the President, and personally known to me or proved to me on the basis of satisfactory evidence to"be tbe person who executed th~ wi"thin instrument as the.president of Paul L. Farber and Associates, lnc., the corporation that exeeuted.the within inst~ant on behalf pf Franciscan Plaza Investment Group, a California Limited Partnership, the p4rtnership tha~ executed the within instrument, and J. acknowledqed to me that such corporation eaecuted the same as such parcna:r: and that. such partner5'lllip executed the ~ame.,. Wm<ESS ""' hand and official seal., ~ a._, 1~a...,p~ S'rA'.I$ Of' CA!.l:E'ORNIA ) ss. COUN~Y OF ORANGE ) -s1~.:.t- ~.., -:...a. en t.his the ~*~ day of ~se~elnber 7 19 87, before tae, the und.ersigned, a Notar~ Public in and for said State, personally appeared Robert L. Larsen and Dorothy N~aire Larsen, personally kncwn to me or proved to me on the basis of satisfactory evidence to be the persona whose names are subscribed to the 'l'lithin instrument and acknowledqed that thev executed the same: WITN~SS my h~~d and official seal. /. / I. I ) 'fj.j ttt''" a }'J ~1 J\ ' I / I s1. n ure"" ' 'WI """"-- -18-
._!!.G;:.L DCSCRIPTIOl\ 87-700180 nll tha.t. certain land situated in the State of Califo~nia, county c! orange, City of s~n Juan Capistrano~ described as follows~ PARCEL l1 ~hat portion of Let 42 of ~ract No. 103, as she~~ on Map thereof recordea in Boo~ ll, Pages 29 to 33, inclusive of Miscellaneous Haps, J:ecorcls of said Orange County, clescril:led as ~ol1owsz Beginning at the most Easterly corner of said Lot, said corner being in thm ~iesterly prot~erty line of the california State!!iqhwa~o t~ence North s~t 23' oo West along the abo, e mentioned ~rope.ty line 136.SS feet to an intersection with the southerly. line of Garden Street: thenc:e south 84 07' 30" t-lest, along "tbe southarly lina of Garden Street, 202.60 feet to a point1 thence South 5 52' 30" East 135.66 feet to a point in the Southerly line of said LOt 42; themce North 84 28" 00" East, along" the Sol.:ltherl~ line of said Lot 201.. 44 feet to the point of beginning. P~CEL 2: An Easeroent for ing:ess and egress ove: the fo~l.owing: All of Lot 42 of TJ:act No. 103, as shown on a map recorded. in Book 11, Pages ~9 to 33 inclusive of Miscellaneous Maps, records of Orange county, Ca1~ ornia, except the foll.owing described propexty: Beginning at-the most Easterly corner of Lot 42, Tract No. 103 as shown on a Map thereof recorded in Book 11. Pages 29 to 33 inclusive of Miscel.l.a.qeous Maps, record.s of Orange County, Cal.ifo:rn.ia, said corner being the Westerly property line of the Ca1ifo.rnia State Highway, running thence North J~> 23' 00" t\'est along the above mentioned property line 136.88 feet to an intersection with.the Southerly line of Garden Street 202.60 feet to a point: thance South SD 52 1 30" East 135.66"feet to a point in the So.utherly line of the above roentioned Let 42; thence NOrth 84 28 1 00'' ~st along the Southerly line of Lot 42, 201.44 feet to the point of beginning. PARCEL 3;.. Lo-t: 40 o! Tract No. 103, as shown on a %-1ap recorded in Book 11, Pages 29 ~~rough 33 inc~usive of ~~scellaneous Maps, records of C:-;:-ano;e County, California.... Sxcepting therefrom the Westerly 13.00 feet of said Lot, being a st~ip of Land 13.00 feet in width lying Easterly and contiauous ~o tile ri.gh~ of '"a)' of the Atchison, Topeka and Santa Fe }\aiiwa' Con?ar.y, as described in Deed recorded Fabrua...~ 27, 1936, in Sook 807, Fage 286 of Official Records ;.::.so excepting tllerefrom the Northerly 9.50 feet of the Westerly 13~.00 fee~ of the above described property. PARCEL 4; 1m easern.a."lt :f!or ingress and egress O\"er and c.cross a strip of land ls.og!eet wide in Lots 41 and 42 of Tract 103 in the CO\lr~t:: of Oranqe, State of California, as shown on a t-:a::~ recorded ir. ~ook 1::., Pages 29 to 33 inclusive of ~1isco2..laneo..:s =-~a?s, in t..hg o::::::i~c c.:!: the Co~o:nt:~o Recorder of said count\, the :=:aster!\..l!.p.: o: Sa!.C!. 15 00 feet Strip being desc;:ribed as folloi\'s t - EXHIBIT ;..
87-700180.Beginning at a point ln Norther2y.line of said Lot ~2, 3~d point oeins South 84,. 07' 30" West 202.60 feet from the Nort:haas~ corner o:i: said Lot 42t thence South so 52 1 30" East 135.66. :eet to a po;~ont in thp. Sot:thcrl~ line of said Lot 42, said ~oin~ l:lein9 sout.'l S4 28' oo~ weut ~01.44 feet from the Southeast corner of saic ~t 42;.thenc4 continuin9 South S 0 52' lou East 84.1& feet to a point in the Southerly.line of said Lot 41, said point. oein9 the Scu~~erly termincs of the herein described line. T~e ~~est~y li='e ol! said 15.00 feet strip is to be pr::l::n;ad o~ shortened so as to terminate in :the Northerly line of sa.id Lot 42 and in the southerly 1ine of :;aid Lot 41. PARCEL" 5; Lot 4~, as shown on a licensed surveyor's map, in the County of Oranqe, State of Ca.l~~oxnia, as per Map recorded in Book 2, Pages 31 to 38 inclusive, Recor4 of su~eys, in the Office of the cou~ty Recorder o~ said Orange County. Excepting therefrom the Westerly 22 feet. PARCEL h Thet portion of Lot 40 of Traot No. 103, in the City of San Juan Capistrano, in the County of orange, State of california, as per Map reco~dea in Book 11, Pages 2~ through 33 inclu~ive of ~tiseellaneous ~aps, records of orange County, Ca.lifornia, describad as fo!lowsz Commencing at a point in the Northerly.line of Lot 42 of sai.d Tract Nu. 103, said pcint being South 84 07' 30" ~st 202.60 feet fro~ the ~or.th&ast corner of said Lot 42: thence south 5 52' 30'" East 135.66 feet to a point in the Southerly line of said X.o~ U, said point being SOuth 84'" 28' 00" west 201.44 feet ~rom the Southeast corner of said Lot 42J thence continuinq South s~ 52' 30~ E5st B4.1S feet to a point in the southerly line of Lot 41 of said Tract lojr thence South 84'" 27' west along said southerly line 15.00 :eet to the true point of beqinninq, thence South 5 52' 30'" East 9.50 feet to a point in.a line that is parallel ~ith ~nd distant Southerly 9.50 feet from the Norther.ly line of said. Let 40~ thence Westerly parallel with and distant soutber!y 9.50 foe~ ~ro~said Northerly line to a point in the Westerly line of said Lot 401 thence Northerly along said Westerly line to the Northwest corner of said Lot 40r thence Easterly alon9 tbe Northerly line of sqid Lot 40 to the true point of beginning. Excepti:11;r therefrom the \'iestarly 13. 00 feet of said Lot, bei.nq a strip of land 13.00!eet in width lying Easterly of and con~iquous to t:be right of way of the ~tchison, Topeka and Santa Fe Railway Company, as described in Deed recorded February 27, 1936 in Book 07, Paie 2S6 of Official Records. PAACEL 7: Lot '2 of Tract No. 103, in the City o~ San Juan Capistrano, in tho C::~u:\t::, of Oro.n«:.Ja. state of Calif"o::-nia, as per Hap recorded!:. l!oc~ 11,?a:ae~ 29 to 30 inclusive of l!iscellaneous ).~aps, in the O~fice o~ t~e Co~,ty P.ecorder of said County. ::::~:cc~tinoq -::.!".ere:rom the following dasc:-ibed?rope:!:"t~ : -2-
. 87-700180 i~ginninq at the most ~aaterly aor.ner of said Lot ~2, said corner beinc] OD the \~est.erl~ property line Of the california :;tate :!ish~o~a~ ~ t..'l~:.-.~e Nortlt S 0 23 1 OO" West along the above mentioned p:.'?peu:l:.y lim: 136. BB!mat. to an interse~.:tion with the southerly line of Garden Streai:7 thence South 84 07' 30" \~est along the Sou~~arly line of Garden Street 202.60 ~eet to a poir.t; thehce South 5 52' 30" East 135.66 feet to a point on the souther~y line of tne above mentioned Lot 421 thence North B' o 28' 00 '' East along the Southerly line of ~t 42, 201.44 feet to the ~oint or ~ginnin9. PARCEL 8; That portion of Lot oll of Tract No. 10 3, in the City of San Juan Capistr.anc 4 in the ~ounty ~f Orange, state of California, as per. Map.recorded in Book J.l, Paqes 29 to 33 inclusive of f.1iscel.laneous Maps, in the Office of the COunty Recorder of said County, deacribed as fo1lows~ Beginning at the Southwest c:o~er o~ sai.cl Lot 41; running thence No=th 9~ 40' ~~T 84.41 eet along the West line of said Lot 41 to the Northwest co=ner thareo~r thence North 84 28' East 41.13 feat along the Northerly line of Sil:Ld Lot 41 to a point which is located 201.44 feat South 84 28' West f:r:om the Southeast corner of ~ot 42 of said Tract No. l03j thence south 5 52' 30a Bast 84.1.8 feet to a PoiAt in the Southerly l.ine o~ said Lot 41; thence South 84 27' West 35.55 feet aj.ong the Southerly l.i.ne of said Lot 41 t.o the point of beginning........ -3-
87-700180 LOT 41 OF TRACT NO. 103, IN THE CITY OF SAN JUAN CA~ISTRANO, IN Tlfl!: COUNTY OF ORANGE, S~ATE OF CALIFORNIA, AS SRONN ON A MAP RECORDED IN BOOK 11, PAGES 29 TO 33 INCLUSIV-e OF MISCELLANEOUS z.t.al"s, RECORDS OF ORANGE COUNTY, CALIFOMlA. EXCEPTING THBREFnOM THE FOLLOWXHGt BEGINNING AT THE SOt.tTH\ff:S'l' COt«NEl\ OF SA%D L0'1' 41,.lWNNlNG TRBNCB NORTH 9 DEGllEES 40 MXNU'l'ES WEST 84.41 FEET l\long THB WEST LINB OF SAl:'D LOT 4l 'l'o 'l'ke NORTHWEST CORNER T!IBREOJ?, Tl:ISNCB NOl\'rB 84 DEGREES 28 MINUTES EAST 41. U PBET ALONG 'THB NOR1'HBl\LY.LINE OF SAID. LOT 4l TO A POINT WHlCH IS LOCA'l'BD 201.44 FBB'l' SOUTH 84 DEGREES 28 MINU'l'BS WEST FROM 'l'rb SOUTHV.ST CORNER OF Lar 42 OF SAID TRACT NO. 103,. THENCE SOO'l'B 5 DBGREBB 32 MI~BS JO SBCONDS EAST 84.18 FEET TO POXN'l" IN TBE SOtJ'l'HBRLY t.xne OF SAID LOi' 41, THENCE SOUTH B4 DEGREES 27 MINU'rBS WST 35.55 FEET ALONG THB SOUTHERLY LXNE OP SAID LOT 41 TO THE POINT OF BBG:~~ING. ' EXH:IBIT B
. - I :! 87-700180 ~ Exubit: ~ ~ ~r:n. Exhi'bit: B ~ Dtivawa7 Basement Area lfd.additional Eaaemezata, 'Article I, Paragraph :Z 014 Pa-rking Lot Othor Imp-rovements, Patasrapb 3. Art:icl.e 'I I.tem& a.b.a. i :11 SDG & B Transform&~:' Pad --Q New S.D.G. &. B. PoWer -Linea and Bqui.pment -==- ~New Electric. Meter Location Driveway btaining Wall EXHIBIT C- Page 1
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I.! I.j I Cs ~ ~ \._,r~ ~-- ~) M "'!rl~ ~~~~ ""'=..;~o;s ~~~!i: ~~~~ ~~Qi!l\... lloc ~~~i;; ~:... ~ It:. :-...! &;" ~ '. ~.. 8 ~... ~ s::~. 'JI EXHIBIT C - Page 2
., 87.-700180 AN BASBMEN'l' FO~ INGRSSS, EGRSSS, AND DRAINAGE PURPOSES OVER 'l'he SOUTHERLY 12 00 FEE'l' OF TRA!r PORTION OF LOT 41 OF 'l'rac'l' NO. lol, IN THE CXTY Of' SAN JUAN CAPISTRANO, COUNTY OF ORANGB, STAT OF. C~FOBNIA, PER MAP RECORDED IN BOOR 11, PAGES 29 TO 33, INCLUSIVE, OF MlSCELLANEOOS MAPS, RECORDS OF SAID COUNTY, LYING BAS'l'B~Y Or TBB FOLLOWXRG DBSCRIBED LlNBt BBG:mN:tNG AT A POINT ON TU NORTH LnfB OF SAID LOT 41, SOU'rll 84 28'00 11 WSST 201.44 FBB'l' PROM THE SOUTHEAST CORNER OF LO'l' 42 OP SAID T~,CT.NO. 1031 'l'bencb SOUTB 5 51 1 59" EAST 84.03 FEET TO 'RilE SOOTS LINE OF SAXD 'LOT 41. EXHIBIT D
... Bl-700180 : AN EASEMEN':' FOR INGRESS 1 13GI\ESS AND DRAINAGE PURPOSES OVSR 'the NORII:IIERLY 14.00 FSE'l' OF LO'l' 40 OF TRACT NO. 103, IN TUB CIT~ OF S&~ ~UAN CnPlSTaANO, COUN~Y OP ORANGE, STATB OF CALIFORNIA, "PER ~mp RBCOaDBD ln BOOK 11, PAGES 29 TO 33 1 INCLUSIVE, OF MISCEL LANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY. ' EXCEP'i THEREFROl-1 THAT PORTION THSREOF LY.IN.G \'festsrly OF A LlNE "WHICH UAS A BBARXNG OF NOR'l'H 5 51' 59" WBS'l' AND PASSES '.t'rrough A POIN'r ON '1'112 SOUTH LINB OF SAID LOT 41, SOUTH 84 27 1 00' 1 WEST 215.63 FEET FROM THB SOUTH ~AST CORNBR OF SAID LOT 41...... EXHIBIT E
BT.-i00180 P/o.RCEL l J ~ EASEMENT FOR SEWER PURPOSES OVBR A STRIP. OF LAND 10.00 FBE'r ln WIDTH IN LOTS 40 AND 41 OP TRACT NO. l.ol, IN 'l'he CITY 0!' SAN JOAN CAP~STRANO, COONry OF ORANGE, STATE OF CALIFORNIA, PER MAP RECORDED IN BOOK 11, PAGBS 29 '1'0 33, INCI.USlVB, OF MISCEI.LJWEOUS MAPS, REf:."'RDS OP. SAID ORANGS COUN'lY, THE CEN'l'ERLINE OF SAID STRIP BEING DESCRIBED AS FO~S ~ BEGINNING A'r A POIN'r ON 'rhb "ROll'l'H I,Ibre OF SAID LO'r 41, SOUTH 84 28"00a WEST 201.44 FEE'r FROM THE SOUTHEAST CORNER OF LOT 42 OF SAID 'n\.'c'r NC. 103r THENCE SOU'tll 5 51 1 59" EAST 49.00 FEET 'ro 'l'b TRUE POINT OF BEGrNNINGf- TRBNCE -SOUTH 84 08 1 01'' NEST 9.82 FEBTJ 'riiencb SOOrli 5 6 51' 59" EAST 117.03 PUT TO A POINT HERBXN A!'TER UFBBRBD TO AS POJ:ft "A,.' THERCB C:Otr.riNUING $0U'rft 5 51'59" J3AST 2.00 PEET TO A POINT OH THE SOOTH Ll:NE OF SAID LOT 40, SOUTH 84 9 25 1 33" WEST 209.85 FBBT PROM THE SOUTHEAST C:OlUlQ OF SAID LOT 40.. PARCEL 2 AN EAS~NT FOR SEWER PURPOSBS OVBR A S'r'RIP OF LAND 4. 00 FEET J:H tltd'rb '!R LOT 40 OP TRACT NO. 103, IN THE CI'l'Y OF SAN JOAN CAPISTRUIO, CODN~Y OF ORANGS, STATE OF C:ALIPOBNIA, PER MAP :aecordbd IN BOOK..11, PAGES 29 TO 33, INCLUSIVE, OP MXSCSLI.ANEOUS MAPS r RECORDS OP SArD ORANGE COUNTY, TBE CE.N'l'ERLINE OF SlUD STRIP BZ.ISG DESCRmED AS FOLLOWS : BEGl"NlU:I'JG A~ POINT "A" AS HEREINBEFORE DESClUBED I.H PARCEL l1 THENCE SOUTH 84 25 1 33" WEST 25 PEET. E:XKISIT F
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EXIST. F. F.. /10.()().. '!!J..... ::,... ~ ~~ IL o:. t :t'.::-\ l -.,,. r F.F.=!Ol90 " ow -"' ~ $pii(ji/ "'-') o~.~ ~~. lfiila ~~~~._......... RETAINING WALL FOR FRANCISCAN PLAZA SH:ET 2 OF 2 i strl.:r.ru_ 37R9 I I
I CERllfY ntat, If lhls SEAL IS AffiXED IN PURPLE INK. 11US IS A TRUE ANi> CORRECT COPY Of lhe PfRl.WlENT RECORD filed OR RECORDED 1M lhis OffiCE. ot~ K ~ 0_1998 ~ @.2tJ/J!.
PLANNING COMMISSION PUBLIC HEARING NOTICE city of san juan capistrano A PUBLIC HEARING WILL BE HELD BY THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO ON TUESDAY, THE 10 1 H DAY OF JANUARY, 2017 AT 6:30 P.M. IN THE CITY COUNCIL CHAMBERS AT 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO TO CONSIDER THE FOLLOWING PROJECT(S): 1. Conditional Use Permit (CUP) 16-002 for Franciscan Gardens: Consideration of an approval for a change in use from office/retail to banqueuconference facility, located within the Provincial Building, which is an existing retail commercial and office structure located at 31815 Camino Capistrano (Assessor Parcel Number 121-150-11 )(Applicant: Phillip Bennett). This project has been reviewed in accordance with the California Environmental Quality Act. The City's Environmental Administrator has determined that the project is categorically exempt (Section 15301; Class 1 "Existing Facilities") from further review. The project includes only a change in use from retail/office commercial to a banquet facility within an existing structure, and only minor interior and exterior architectural modifications to the building are proposed. A Notice of Exemption (NOE) will be posted should the project receive final approval. For more information, please contact the project manager, Mathew Evans, Contract Planner at (949) 487-4314 or by e-mail at mevans@san juancapistrano.org. You are invited to attend the public hearing to find out more about the project. If you can't attend the hearing and have questions about the project, please contact the project manager. Comments which you want to become part of the public record must be presented verbally at the hearing or in writing. This project may be one of several to be considered and may be heard after the beginning of the hearing. If you challenge action on this project in court, you may be limited to raising only those issues which you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Commission at, or prior to the hearing. Should you have special needs to be accommodated in order to provide testimony at the hearing, please call the Administrative Coordinator at (949) 443-6329. Publish: Capistrano Valley News Post: [ ] City Hall [ ] Public Library [ ] Community Center ATTACHMENT 4