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21-1020_R&H LAND PARTNERS_Transmittal to NewspaperNOTICE OF TRANSMITTAL Saddleback/Capistrano Valley News Legal Publications CHARGE TO ACCOUNT NO. FOR PUBLICATION ON: DOCUMENT TO BE PUBLISHED: PROOF OF PUBLICATION AUTHORIZED BY: Maria DATE: October 20, 2021 Date notice published Date notice posted Post on the City's Website Date affidavit received 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.