21-1020_R&H LAND PARTNERS_Transmittal to NewspaperNOTICE OF TRANSMITTAL
Saddleback/Capistrano Valley News
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DATE: October 20, 2021
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0041125000
THURSDAY,. OCTOBER 28, 2021
NOTICE OF PUBLIC HEARING — Resolution
of Intent Sale of Calle Arroyo
Please send to:
City Clerk's Division, City Hall
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
(949) 493-1171
(949) 493-1053 (Fax)
10/28/2021
10/28/2021
10/28/2021
City of San Juan Capistrano Public Notice
RESOLUTION NO. 21-10-19-03
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
(CALLE ARROYO PARCEL), DECLARING ITS INTENT TO SELL SUCH
PROPERTY, AND SETTING A HEARING DATE FOR CONSIDERATION OF
PROTESTS, AND FINDING THE SAME CATEGORICALLY EXEMPT FROM
CEQA REVIEW—Approved October 19, 2021
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 by
entering into a Purchase and Sale Agreement ("PSA") with R&H Land Partners, LLC, a
California limited liability company ("Purchaser"); and
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 provide notice to, among others, affordable housing developers, and thereafter
negotiate in good faith for ninety (90) days with any parties who submit a notice of interest; and
WHEREAS, pursuant to the Surplus Land Act, a Resolution declaring the property to be
surplus was adopted by the City Council on June 15, 2021, and Notices of Availability were sent
to all required entities. After the required 60 -day period, no affordable housing entity expressed
interest in purchasing the property, and the City subsequently received notice from the
Department of Housing and Community Development ("HCD") that the City had complied with
all aspects of the Surplus Land Act and is free to dispose of the Property outside of the
procedural requirements of the Surplus Land Act, except for recording of a restrictive covenant
required under the Surplus Land Act, the form of which is attached hereto as Exhibit "B" and has
been approved by HCD.
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 will be presented to the City's Planning
Commission ("Planning Commission"), to find that the conveyance of the Property from City to
Purchaser 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.
WHEREAS, the City Council's consideration of the PSA is categorically exempt from
environmental review pursuant to a Class 12 categorical exemption for surplus government
property sales (14 Cal. Code Regs., § 15312); 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 PSA involves the sale of surplus government property, and the sale of surplus
government property is exempt from environmental review under the California Environmental
Quality Action 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 State
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 and approval of the PSA 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 State 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. The City complied with all required noticing provisions of the Surplus Land Act
and received confirmation from the Department of Housing and Community Development that
the City may proceed with the sale of the property.
SECTION 4. Public Convenience and Necessity 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: (i) strengthening the City's land use
and social structure and (ii) alleviating economic and physical blight on the Property.
SECTION 5. 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 November 2,
2021, 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 as the final action date.
SECTION 6. Publication and Posting. 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 November 2, 2021, and to post this
Resolution for not less than ten (10) days in at least three (3) conspicuous places upon the
Property prior to November 2, 2021.
SECTION 7. 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 PSA.
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 19th day of October 2021.
AYES: COUNCIL MEMBERS: HART, REEVE, FARIAS, BOURNE, AND MAYOR TAYLOR
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCILMEMBERS:NONE
Exhibits to the resolution are available at the Office of the City Clerk, please e-mail
cityclerk()sanivancapistrano.org.