Resolution Number 20-07-21-03RESOLUTION NO. 20-07-21-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, FINDING THAT THE PUBLIC INTEREST
AND CONVENIENCE REQUIRE THE SALE OF CERTAIN REAL
PROPERTY (0.14 -ACRE PORTION OF 666-131-08), DECLARING ITS
INTENT TO SELL SUCH PROPERTY, AND SETTING A HEARING DATE
FOR CONSIDERATION OF PROTESTS
WHEREAS, the City of San Juan Capistrano ("City") currently owns in fee that
certain real property, APN 666-131-08, generally located at the southern terminus of
Paseo Tirador, south of the western terminus of Calle Arroyo in the City of San Juan
Capistrano and legally described in Exhibit "A" attached to this resolution and
incorporated by reference herein (the "Property"); and
WHEREAS, the City desires to sell the Property by entering into a Purchase and
Sale Agreement ("PSA") with Watt Communities, a California corporation for purposes of
economic development (the "Project"); and
WHEREAS, California Government Code Sections 37420 through 37430
authorize the City to dispose of property; and
WHEREAS, California Government Code Section 37421 provides that when the
legislative body of a city finds that the public interest and convenience require the sale of
public buildings and sites, it must adopt a resolution so finding and giving notice of its
intention to sell such property; and
WHEREAS, California Government Code Section 37422 provides that such
resolution shall fix a time for hearing protests to the property conveyance, provide for
publication of notice of the hearing, fix the time when the City will take final action
regarding the property conveyance; and contain an accurate description of the property
to be conveyed; and
WHEREAS, in accordance with Government Code section 65402, the proposed
disposition of the Property under the PSA must be and was presented to the City's
Planning Commission ("Planning Commission"), and the Planning Commission found that
the conveyance of the Property from City to Watt Communities is in conformance with the
City's general plan; and
WHEREAS, the City wishes to declare its intent to dispose of and convey the
Property pursuant to the terms of the PSA, fix a time for the hearing of any protests to the
disposition, provide for publication of the notice of said hearing, and fix the time for final
action on the disposition of the Property and approval of the PSA.
UWHEREAS, the City prepared a Draft Environmental Impact Report ("DEIR") that
analyzed the proposed Project's environmental impacts in compliance with the provisions
7/21/2020
of the California Environmental Quality Act ("CEQA"). The DEIR was made available to
the public for review and comment for 45 days between March 4, 2020, and April 17,
2020. During and following the close of the public review period, the City received five
comment letters and e-mails on the project. For those letters and e-mails that raised
CEQA-related issues, the City has prepared Response to Comments as required by
CEQA, which are included in the Final EIR. The Final EIR determined that all
environmental impacts could be reduced to a level of less than significant through the
incorporation of mitigation measures. The Draft EIR and Final
EIR for the project are available on the City's website at:
http://sanjuancapistrano.org/Departments/Development-Services/Planning. The City
Council certified the Final EIR prior to consideration of this resolution; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Incorporation of Recitals. The foregoing recitals are true and
correct and are incorporated herein and made an operative part of this Resolution.
SECTION 2. Findings. The City Council of the City hereby finds and
determines that public convenience and necessity require the sale of the Property. The
factors demonstrating that the public convenience and necessity require the sale of the
Property include, but are not limited to the following: for purposes of economic
development, the Property will consist of roadway, parking, and landscape to support a
132 -unit residential community, which will create jobs within the City, alleviate conditions
of economic and physical blight in the City, and create an increase in property taxes, all
of which benefit the health, safety and welfare of the City.
SECTION 3. Declaration of Intent to Sell; Fixing of Hearing. The City Council
of the City hereby declares its intent to sell the Property pursuant to the PSA and fixes
August 18, 2020, at 5:00 P.M. or as soon thereafter that the matter can be heard at the
City of San Juan Capistrano, City Council Chambers, located at 32400 Paseo Adelanto,
San Juan Capistrano, California 92675 as the date, time and location for hearing any
protests to the proposed sale of the Property, approval of the PSA, and the final action
regarding conveyance of the Property.
SECTION 4. Publication and Postina. In compliance with California
Government Code Section 37423, the City Council of the City hereby directs City staff to
publish this resolution at least once in a daily newspaper prior to August 18, 2020, and to
post this Resolution for not less than ten (10) days in at least three (3) conspicuous places
upon the Property prior to August 18, 2020.
SECTION 5. CE A. The City prepared a Draft Environmental Impact Report
("DEIR") that analyzed the proposed Project's environmental impacts in compliance with
the provisions of the California Environmental Quality Act ("CEQA"). The DEIR was made
available to the public for review and comment for 45 days between March 4, 2020, and
April 17, 2020. During and following the close of the public review period, the City received
five comment letters and e-mails on the project. For those letters and e-mails that raised
2 7/21/2020
CEQA-related issues, the City has prepared Response to Comments as required by
CEQA, which are included in the Final EIR. The Final EIR determined that all
environmental impacts could be reduced to a level of less than significant through the
--+ incorporation of mitigation measures. The Draft EIR and Final
EIR for the project are available on the City's website at:
http://sanjuancapistrano.org/Departments/Development-Services/Planning. The City
Council certified the Final EIR prior to consideration of this resolution.
SECTION 6. Severability. If any provision of this Resolution is held invalid, the
remainder of this Resolution shall not be affected by such invalidity, and the provisions of
this Resolution are severable.
SECTION 7. Effective Date. This Resolution shall become effective
immediately upon its adoption.
The City Clerk of the City of San Juan Capistrano shall certify as to the adoption
of this Resolution.
PASSED, APPROVED, AND ADOPTED 21st day of July 2020.
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, Maria Morris, appointed City Clerk of the City of San Juan Capistrano, do hereby certify
that the foregoing Resolution No. 20-07-21-03 was duly adopted by the
City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the
21 st clay of July 2020, by the following vote:
AYES:UNCIL MEMBERS: Reeve, Maryott, Farias, Taylor and Mayor Bourne
NOES:iUNCIUNCIL MEMBERS: None
ABSEN LMEMBERS: Mone
IS, CITY C
7/21/2020
EXHIBIT "A"
TO
RESOLUTION NO. 20-07-21-03
LEGAL DESCRIPTION OF PROPERTY
ASSESSOR PARCEL NUMBER 666-131-08
REAL PROPERTY IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE,
STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
[TO BE INSERTED]
7/21/2020
7
n
EXHIBIT "A"
LEGAL DESCRIPTION
GRANT DEED
THAT REAL PROPERTY IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE,
STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
THAT PORTION OF LOT 31 OF TRACT NO. 103, AS SHOWN ON MAP RECORDED IN
BOOK 11, PAGES 29 TO 33 INCLUSIVE, OF MISCELLANEOUS MAPS, RECORDS OF
ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST EASTERLY CORNER OF SAID LOT, THENCE NORTH 88°17'41"
WEST, ALONG THE NORTHERLY LINE OF SAID LOT, A DISTANCE OF 129.83 FEET TO
THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTHERLY
LINE, NORTH 88°17'41" WEST, A DISTANCE OF 124.17 FEET TO THE WESTERLY LINE OF
THAT QUITCLAIM DEED TO THE CITY OF SAN JUAN CAPISTRANO, PER DOCUMENT NO.
2002001029021, RECORDED NOVEMBER 15,2002; THENCE SOUTH 01042'19" WEST,
ALONG SAID WESTERLY LINE, A DISTANCE OF 115.99 FEET; THENCE LEAVING SAID
WESTERLY LINE, NORTH 48039'23" EAST, A DISTANCE OF 77.02 FEET; THENCE NORTH
41°20'37" WEST, A DISTANCE OF 15.50 FEET, TO THE BEGINNING OF A 2.50 FOOT
RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 90000'00", A DISTANCE OF 3.93 FEET; THENCE
NORTH 48039'23" EAST, A DISTANCE OF 64.59 FEET TO THE BEGINNING OF A 2.50 FOOT
RADIUS CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG THE ARC OF SAD
CURVE THROUGH A CENTRAL ANGLE OF 90000'00", A DISTANCE OF 3.93 FEET; THENCE
SOUTH 41020'37" EAST, A DISTANCE OF 15.50 FEET; THENCE NORTH 48°39'23" EAST
23.31 FEET TO THE NORTHERLY LINE OF SAID LOT 31 AND THE TRUE POINT OF
BEGINNING.
CONTAINING 5951.52 SQUARE FEET / 0.14 ACRES
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE
APART THEREOF.
SUBJECT TO ALL COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHT-
OF-WAY AND EASEMENTS OF RECORD, IF ANY.
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THIS DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION.
06-07-2020
DALE KEITH BREWER, LS 5653 DATE
EXPIRES 09/30/21
JN 19-24
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* NO. 5653
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