Resolution Number 22-01-18-04RESOLUTION NO. 22-01-18-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, FINDING AND DECLARING THAT
CERTAIN REAL PROPERTY (PORTION OF LA NOVIA 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, La Novia Parcel, generally located at San Juan Creek Road and La
Novia Avenue in the City of San Juan Capistrano (APN: 666-011-28) and legally depicted
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 explore
opportunities to lease an approximately 139,000 sf portion of 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
WHEREAS, 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
1/18/2022
physical change in the environment, or a reasonably foreseeable indirect physical change
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 CE0A, they involve the %Q19 of Surplu% government property, 2nd tha stala
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 '/4 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 h&6by 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. Moreover, the City's disposal of this surplus
land does not involve a reasonable possibility that the lease 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 lease 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. Thus, none of the exceptions to the categorical
exemptions applies. A lease 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.
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
2 1/18/2022
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 day of Jan ry 2022.
DEREK REEVE, MAYOR
r�
ATTES : f r
MAR ORRIS, CITY C
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. 22-01-18-04 was duly adopted by the
City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the
18th day of January 2022, by the following vote:
AYE - COUNCIL MEMBERS: Bourne, Taylor, Farias, Hart and Mayor Reeve
NOE . C UNCIL MEMBERS: None
ABSE T, UNCIL MEMBERS: None
MARIA MORRIS, CITY LE
3 1/18/2022
EXHIBIT "A"
TO
RESOLUTION NO. 22-01-18-04
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EXHIBIT "B"
TO
RESOLUTION NO. 22-01-18-04
NOTICE OF AVAILABILITY
1/18/2022
32400 PASEO ADELANTO U?1760-
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SAN JUAN CAPISTRANO, CA 92675(949) 493-1171(949) 493-1053 FAXwm7w.sanjuancapisirano.ori'
January 19, 2022
To All Interested Parties:
■
MEMBERS OF THE CrrY COUNCIL
RE: Notice of Availability for Lease of Surplus Property (City of San Juan Capistrano)
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 lease an approximately 139,000 square foot portion of
APN 666-011-28 (La Novia Parcel). The subject property is located at La Novia Avenue and San Juan Creek
Road with a General Plan Land Use Designation and Zoning classification of Open Space Recreation.
Permitted uses are primarily recreational in nature and including camping, multi-purpose sports fields and
courts, outdoor recreation facilities, public facilities, picnic areas and tot lots. A location map of the
property is provided as Attachment 1.
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 leasing the property.
However, this offer shall not obligate the City to lease 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 lease terms, the City may enter into
negotiations with the general public. Prior to notifying the City of interest in leasing the property,
prospective buyers are encouraged to review the significant development constraints 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 La
Novia parcel is designated Open Space Recreation, 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
EXHIBIT B
Notice of Availability for Lease of Surplus Property (City of San Juan Capistrano — La Novia Parcel)
Page 2 of 3
January 19, 2022
space lands, the 2008 Measure X ballot language and corresponding excerpt from the Municipal Code is
provided as Attachment 2.
2. Federal Emergency Management Agency Requirements
The property is located adjacent to San Juan Creek and the Special Flood Hazard Area (SFHA) within the
Federal Emergency Management Agency (FEMA) designated flood zone AE. The designation AE indicates
areas at high risk for flooding. Any development that could potentially impact the AE flood zone would
require extensive studies to first determine if construction of habitable structures is possible.
Development impacts to areas at high risk for flooding are 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. Additionally, any development that could potentially impact the AE zone
must comply with the City Municipal Code and National Flood Insurance Program (NFIP) regulations. In
general, if it is determined that a proposed development would impact the AE flood zone, 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. Any future development 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 any adjacent properties. This
analysis is subject to FEMA's review and approval.
3. Utility Easements
Santa Margarita Water District, the City's water and sewer utility provider, and the San Juan Hills Golf
Club, the adjacent property owner, currently maintain utility easements across portions of the subject
property.
4. Potential Sensitive Habitat Areas
As previously mentioned, the subject property is situated adjacent to San Juan Creek and potentially
sensitive habitat areas. Any potential development within sensitive habitat areas would require review by
the applicable resource agencies to determine if the proposed development would impact the area.
Significant impacts may prohibit development or may require mitigation measures, to be determined by
the appropriate resource agencies.
Conclusion
After reviewing the development constraints that exist on the property, if your agency or company is
interested in leasing 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 leasing 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@sanivancal2istrano.oror by calling (949) 443-6322.
Saar ,frian CLpisliwno: PresL'i"b'RA'dg, the Pew go Enhance they Future
Notice of Availability for Lease of Surplus Property (City of San Juan Capistrano — La Novia Parcel)
Page 3 of 3
January 19, 2022
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
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).
ATTACHMENTS:
ATTACHMENT 1— Location Map
ATTACHMENT 2 — 2008 Measure X Ballot Language and Municipal Code Excerpt
Sart Aa.n Capistrrmo 'reserving the Pen -1 to Enhance the Ritter