Resolution Number 21-06-15-06RESOLUTION NO. 21-06-15-06
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, FINDING AND DECLARING THAT
CERTAIN REAL PROPERTY (CALLE ARROYO PARCEL) IS NOW
EXEMPT SURPLUS LAND, APPROVING THE FORM OF NOTICE OF
AVAILABILITY THEREFOR, AUTHORIZING THE CITY MANAGER TO
COMPLY WITH THE SURPLUS LAND ACT, AND FINDING THE
FOREGOING CATEGORICALLY EXEMPT FROM CEQA REVIEW
WHEREAS, the City of San Juan Capistrano ("City') currently owns in fee that
certain real property, Calle Arroyo Parcel, generally located at Calle Arroyo & Rancho
Viejo Road in the City of San Juan Capistrano (APN: 666-232-08) and legally described
in Exhibit "A" attached to this resolution and incorporated by reference herein (the
"Property"); and
WHEREAS, the City has no use for the Property and desires to sell the Property.
WHEREAS, California Government Code Section 54220 et seq. (the "Surplus
Land Act") requires that prior to the disposal of any surplus land, unless an exemption
applies, a local agency must issue a Notice of Availability to specified entities depending
on the purpose to which the City intends to put the Property; and
tWHEREAS, because at least one of the City's purposes for the Property is for the
creation of open space and/or parks and recreation, the City must issue the Notice of
Availability to affordable housing developers under Section 54222(a)(1) of the Surplus
Land Act and to specified local and state parks authorities pursuant to Section 54222(b)
of the Surplus Land Act; and
WHEREAS, Thereafter, if any entity submits a qualified Notice of Interest within
sixty (60) days of issuance of the Notice of Availability, the local agency must negotiate
in good faith for at least ninety (90) days with any such submitting entities; and
WHEREAS, the Property is not exempt from the Surplus Land Act; and
WHEREAS, a form of Notice of Availability is attached hereto as Exhibit B; 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. CEQA Findings. The City Council of the City hereby finds and
determines that the determinations, approvals, and authorizations in this resolution are
' not "projects" as defined in California Environmental Quality Act (CEQA) Guidelines
section 15378, because none of these acts has a potential for resulting in either a direct
physical change in the environment, or a reasonably foreseeable indirect physical change
6/15/2021
in the environment. Therefore, CEQA does not apply here. See CEQA Guidelines section
15060(c)(3). In the alternative, even if the actions contemplated here constituted a
"project" under CEQA, they involve the sale of surplus government property, and the sale '
of surplus government property is exempt from environmental review under CEQA
pursuant to a Class 12 categorical exemption. Specifically, the government property is
not located in an area of statewide, regional or areawide concern as defined in CEQA
Guidelines section 15206(b)(4). The Property is not located in any of the following: the
Lake Tahoe Basin, the Santa Monica Mountains Zone, the California Coastal Zone, an
area within % mile of a wild and scenic river, the Sacramento -San Joaquin Delta, the
Suisun Marsh, or the jurisdiction of the San Francisco Bay Conservation and
Development Commission. Therefore, the City Council's adoption of this Resolution is
exempt from CEQA review.
The City Council of the City hereby further finds and determines that none of the
exceptions to the categorical exemptions in CEQA Guidelines section 15300.2 applies.
Specifically, the proposed project would not result in a cumulative impact of successive
projects of this same type in the same place. The City can only sell this property once.
Moreover, the City's disposal of this surplus land does not involve a reasonable possibility
that the sale will have a significant effect on the environment due to unusual
circumstances. There is nothing :unusual about the disposal of surplus land that would
lead to an environmental effect .'the Property is not located within or adjacent to a
highway officially designated as a state scenic highway. Thus, the sale of the property
would not result in damage to scenic resources within such a designated highway. The
Property is not on the Cortese list compiled pursuant to Government Code section
65962.5. The Property is not a historical resource and thus the sale of it would not impact '
such a resource. Thus, none of the exceptions to the categorical exemptions applies. The
PSA is exempt from environmental review and no further environmental documentation
is required by the California Environmental Quality Act.
SECTION 3. Surplus Land Act Findings. The City Council of the City hereby
finds and determines that the Property is "surplus land" as used in the Surplus Land Act,
because the Property is owned in fee simple by the City, and the Property is surplus and
is not necessary for the City's use.
SECTION 4. Notice of Availability. The City Council of the City hereby
approves the form of Notice of Availability substantially in the form attached hereto as
Exhibit B.
SECTION 5. Authorization to Comply with Surplus Land Act. The City Council
of the City hereby authorizes the City Manager or his designee to take all necessary
actions to fully comply with the Surplus Land Act without further need to obtain City
Council approval.
SECTION 6. Notice of Exemption. The City Council hereby directs staff to
prepare, execute and file with the Orange County Clerk a Notice of Exemption within five
working days of the approval of the Resolution. I
2 6/15/2021
SECTION 7. Custodian of Documents. The custodian of documents
constituting the record of proceedings for this matter is the City Clerk of the City of San
' Juan Capistrano. The documents constituting the record of proceedings for this matter
are located at City Hall at 32400 Paseo Adelanto, San Juan Capistrano, CA 92675.
SECTION 8. 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 9. 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 this 15th day of June 2021.
JOI ijTAYI OR, MAYOR
AT�ES /111
u_ : t ,IMJL i�
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. 21-06-15-06 was duly adopted by the
City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the
15th day of June 2021, by the following vote:
UNCIL MEMBERS:
Reeve, Hart, Bourne, Farias and Mayor Taylor
UNCIL MEMBERS:
None
JNCIL MEMBERS:
None
RRIS, CITY QLERK
3 6/15/2021
EXHIBIT "A"
TO
RESOLUTION NO. 21-06-15-06
LEGAL DESCRIPTION OF PROPERTY
REAL PROPERTY IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE,
STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
LOT "G" AS SHOWN ON A MAP FILED FEBRUARY 7, 1980 IN BOOK 143, PAGES 1
THROUGH 8 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
ORANGE COUNTY, CALIFORNIA AND AS AMENDED BY A MAP FILED NOVEMBER
22, 1982 IN BOOK 176, PAGES 1 THROUGH 8 OF SAID PARCEL MAPS. EXCEPTING
THEREFROM A PORTION THEREOF, ONE-HALF OF ALL OIL, GAS, MINERALS
AND OTHER HYDROCARBON SUBSTANCES IN AND UNDER SAID LAND, BUT
WITHOUT THE RIGHT OF SURFACE OR SUBSURFACE ENTRY TO A DEPTH OF
500 FEET FROM THE PRESENT SURFACE OF SAID LAND, AS RESERVED BY
HOWARD L. KRUM AND WIFE BY DEED RECORDED JANUARY 18, 1961 IN BOOK
5593, PAGE 537 OF OFFICIAL RECORDS.
Assessor's Parcel Number: 666-232-08
4 6/15/2021
EXHIBIT "B"
TO
' RESOLUTION NO. 21-06-15-06
NOTICE OF AVAILABILITY
6/15/2021
' 32400 PASEO AOELANTO
SAN JUAN CAPisTRANO, CA 92675
(949) 4931171
(949) 493•IO53 FAX
www sanjuancapistrano. org
June 16, 2021
To All Interested Parties:
RE: Notice of Availability for Sale of Surplus Property (City of San Juan Capistrano)
MEMBERS OFTHE CRY COUNCIL.
TROY BOURNE
SERGIO FARIAS
HOWARD HART
DEREK REEVE
JOHN TAYLOR
As required by Government Code Section 54220 of the State of California, the City of San Juan Capistrano
is providing notification that the City intends to sell an approximately 1 -acre parcel ("Calle Arroyo
property") (APN: 666-232-08). The subject property is located at Calle Arroyo and Rancho Viejo Road with
a General Plan Land Use Designation of Community Park, and Zoning classification of Planned Community
(CDP78-1). Allowed uses are recreational in nature including sports fields, equestrian, public facilities,
flood control channels, levees and drains, and accessory structures.
In accordance with Government Code Section 54222, interested parties have sixty (60) days from the date
'this offer was sent via certified mail or electronic mail to notify the City of interest in purchasing the
property. However, this offer shall not obligate the City to sell the property to an interested entity.
Instead, the City would enter into at least ninety (90) days of negotiations with an interested party
pursuant to Government Code Section 54223. If no agreement is reached on sale price or agreement
terms, the City may enter into negotiations with the general public.
Prior to notifying the City of interest in purchasing the property, prospective buyers are encouraged to
review the significant development constraints and use prohibitions that exist on the property which are
outlined below.
1. Land Use Restrictions
The community of San Juan Capistrano places a high priority on the preservation of open space lands; in
fact, voters have twice passed local property tax assessments to purchase open space land. In recognition
of this commitment and long -held value, in 2008 residents passed a ballot measure to affirm the
importance of open space. Measure X was passed (78.8% support) to establish that any land designated as
Open Space would not transition to another land use designation without a vote of the people. The Calle
Arroyo property is designated Open Space Community Park, which is governed by SJC Municipal Code 9-
2.104. Therefore, the change to a General Plan and Zoning designation to allow residential uses would be
subject to a city-wide ballot measure. Any potential residential/affordable housing developer would be
'required to undertake the typical discretionary/legislative land use revision process, and then also be
subject to a separate voter approval process. If the legislative or voter approval process fails, the land
cannot be developed with residential uses. For additional background into the residents' intention to
preserve open space lands, the 2008 Measure X ballot language and corresponding excerpt from the
Municipal Code is provided as Attachment 1.
Notice of Availability for Sale of Surplus Property (City of San Juan Capistrano — Calle Arroyo Property)
Page 2 of 4
June 16, 2021
2. Federal Emergency Management Agency Requirements '
The subject property is currently situated in the Special Flood Hazard Area (SFHA) and spans across two
FEMA designated flood zones (AE and the Floodway). The designation AE indicates areas at high risk for
flooding and the Floodway is defined as the channel of a river or other watercourse and the adjacent land
areas that must be reserved in order to discharge the base flood without increasing the water surface
elevation. Approximately 14,600 sf of the property resides within the Floodway, and approximately 32,400
sf is located within the AE flood zone. Development within the Floodway is especially restrictive and would
require extensive studies to first determine if construction of habitable structures is even possible.
Development encroachment within the Floodway is prohibited unless the developer or applicant provides
a "No -Rise" certification which confirms that there will be no increase in the base flood elevation as a
result of the development. The placement of physical improvements such as housing structures while
achieving a "No -Rise" condition would likely be infeasible. Development or construction may occur in the
AE zone provided that City Municipal Code and National Flood Insurance Program (NFIP) regulations are
followed. In general, the developer would be required to raise the existing grades above the Base Flood
Elevations (BFE) or design a flood proofed structure that meets minimum NFIP requirements. The BFEs for
this property vary from approximately 93' to 96'. A future applicant would need to verify these elevations
based on survey measurements.
Both scenarios would require technical hydrologic and hydraulic analysis that depicts any changes to the
floodplain as a result of the constructed improvements and any fill created within the improvements. The
study must confirm that the constructed facilities are not creating any adverse or flooding impacts to the
adjacent properties. This analysis is subject to FEMA's review and approval.
There is also a possibility that a portion of the property that lies within the mapped Floodway could
encroach into a Waters of the United States (WOTUS). In order to rule out any construction encroachment
into the WOTUS, a Jurisdictional Delineation Report and a Biological Study would need to be performed. If
it is determined that there is encroachment into WOTUS, multiple resource agency permits may be
required from the United States Fish & Wildlife Service, United States Army Corps of Engineers, California
Department of Fish & Game, and San Diego Regional Water Quality Control Board.
Additionally, depending on the findings and what is found in the area of disturbance, mitigation of
disturbed vegetation or wildlife could be required as part of a future development. Any development
proposal would require completion of technical studies and be designed and constructed in a manner that
would likely not enable a housing project. The process of identifying and cost of implementing on and off-
site mitigation are additional factors that make development of housing on this one -acre parcel infeasible.
San.Juan Capistrano Preserving the Past to Enhance the Future
Notice of Availability for Sale of Surplus Property (City of San Juan Capistrano — Calle Arroyo Property)
Page 3 of 4
June 16, 2021
'3. Property Access Constraints
The Calle Arroyo parcel is landlocked with no legal access. The current licensee accesses the parcel
through a nonbinding agreement with the adjacent property owner who has indicated long-term ongoing
access would not be granted. The property's access constraints are further illustrated on the aerial
provided below.
Conclusion
After reviewing the development constraints that exist on the property, if your agency or company is
interested in purchasing the property, you must notify the City in writing within sixty (60) days of the date
this notice was sent via certified mail or electronic mail. Notice of your interest in acquiring the property
shall be delivered to Charlie View, Assistant City Manager at 32400 Paseo Adelanto, San Juan Capistrano,
CA 92675. You may also direct your questions to cview@sanivancapistrano.org or by calling (949) 443-
6322.
'As required by Government Code Section 54227, if the City receives more than one letter of interest
during this 60 -day period, it will give first priority to entities proposing to develop housing where at least
25 percent of the units will be affordable to lower income households. If more than one such proposal is
San.Iuan Capistrano: Preserving the Past to Enhance the-Futtere
Notice of Availability for Sale of Surplus Property (City of San Juan Capistrano — Calle Arroyo Property)
Page 4 of 4
June 16, 2021
received, priority will be given to the proposal with the greatest number of affordable units. If more than
one proposal specifies the same number of affordable units, priority will be given to the proposal that has
the lowest average affordability level. Additionally, entities proposing to submit a letter of interest are
advised to review the requirements set forth in the Surplus Land Act (Government Code Section 54220-
54234).
ATTACHMENT:
ATTACHMENT 1-2008 Measure X Ballot Language and Municipal Code Excerpt
San Juan Capistrano: Preserving the Past to Enhance the Future
' 2008 Ballot Measure Language
"Shall the voters of the City of San Juan Capistrano adopt an ordinance adding section 9-2.104 to
the Municipal Code requiring that any pending or future proposed General Plan designation
change for any land presently designated as "Open Space" in the City's General Plan to another
allowable use shall not become legally effective unless the proposed General Plan change is
approved by the city electorate at a special or general city election?"
San Juan Capistrano Municipal Code
Sec. 9-2.104. Voter approval requirement for Open Space General Plan designation changes.
(a) Statement of Intent. The people of the City of San Juan Capistrano declare that the
preservation of open space within the City has been and continues to be a high priority for the
community. Land designated by the City's General Plan as open space land should not be changed
to other allowable land uses without voter review and approval at a citywide election.
Accordingly, this section is intended to require voter approval of proposed changes to City
General Plan designated open space land in accordance with the procedures of this section.
(b) Voter approval for General Plan Open Space designation changes. After the legally effective
date of this section, any pending or future proposed General Plan designation change for any
land designated for as "Open Space" to another allowable land use shall not become legally
' effective unless the proposed General Plan change is approved by the City electorate at the time
of a City general or special election, or other state -side election held pursuant to Elections
Code Section 1000. This section applies onlyto changes in General Plan designations as described
in this section.
This voter approval requirement is intended to preclude any form of amendment to any existing
General Plan designated open space parcel by any future City Council by a process of change or
amendment to "definitions" or other statement of permissible uses presently describing
authorized uses under the Open Space designation of the General Plan, unless such change or
amendment is submitted to and approved by a vote of the people.
(c) Normal planning process is applicable to General Plan designation changes prior to holding
an election. A citywide election on the question of whetherto approve a General Plan Open Space
designation change shall not be ordered until the General Plan amendment application is first
processed before the Planning Commission and City Council in accordance with Municipal Code
and State Planning Law requirements, and the City Council has formally approved the General
Plan designation change by adoption of an appropriate resolution.
(d) Timing and cost of election.
(1) Should it be necessary to conduct an election pursuant this section, the City Council may
order the election to be held on a City general election date, other statewide general election
date provided for under Elections Code Section 1000, or special election date;
1 ATTACHMENT 1
(2) The City shall bear the cost of ballot measure at a City general election. The applicant shall
bear the full cost of the election if the applicant has requested that the ballot measure be held
on a statewide election or special City election date.
(e) Future amendments. Pursuant to Elections Code Section 9217, this section may not be
amended or repealed unless such amendatory or repeal proposal is submitted to a vote of the
people. (Ord. No. 940-A, § 1, 12-2-2008)
2 ATTACHMENT 2