Resolution Number 22-06-21-02RESOLUTION NO. 21-06-21-02
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 (PORTION OF APN 668-101-23), 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 668-101-23, generally located at 32400 Paseo Adelanto in the
City of San Juan Capistrano (the "real property"); and
WHEREAS, the City desires to sell a portion of the real property, which is legally
described and depicted in Exhibit A (the "Property"), by entering into a Disposition and
Development Agreement ("DDA") with Jamboree Housing Corporation for purposes of
developing an affordable housing project (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, direct
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 DDA must be and will be presented to the City's
Planning Commission prior to the conveyance of the Property from City to Jamboree
Housing Corporation for a determination that the sale 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 DDA, fix a time for the hearing of any protests to the
disposition, direct publication of the notice of said hearing, and fix the time for final action
on the disposition of the Property and approval of the DDA.
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WHEREAS, On February 15, 2022, the City Council found the Project statutorily
exempt from further review pursuant to Government Code section 65583.2(h) and (i),
which applies when sites are re -zoned to accommodate the Regional Housing Needs
Assessment allocation for low and very low income housing, and results in the future
approval for multifamily rental projects on those sites to be considered a "use by right,"
which is defined to mean that the review shall not include approval that would constitute
a "project" for purposes of CEQA. This action to declare the City Council's intent to sell
the Property is a follow-on action covered by the same exemption that is applicable to the
Project.
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. The City Council hereby finds that the declaration of its intent
to sell the Property is covered by the same exemption that applied to the overall Project.
Namely, that the Project — including this declaration of intent to sell — is statutorily exempt
from further review pursuant to Government Code section 65583.2(h) and (i), which
applies when sites are re -zoned to accommodate the Regional Housing Needs
Assessment allocation for low and very low income housing, and results in the future
approval for multifamily rental projects on those sites to be considered a "use by right,"
which is defined to mean that the review shall not include approval that would constitute
a "project" for purposes of CEQA. A Notice of Exemption was filed on February 17, 2022.
No actions were filed to challenge the CEQA determination within the applicable statute
of limitations period and thus the CEQA determination for the Project is presumed valid.
(Pub. Resources Code, section 21167.2.)
SECTION 3. 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 development of an affordable
housing project consisting of a 50 -unit apartment building with permanent supportive
housing for low-income households, which will provide needed affordable housing, 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 4. 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 DDA and fixes July
19, 2022, 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 DDA, and the final action regarding
conveyance of the Property.
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SECTION 5. 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 July 19, 2022, and to post this
Resolution for not less than ten (10) days in at least three (3) conspicuous places upon
the Property prior to July 19, 2022.
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 f June 20
DEREK REEVE, MAYOR
U
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1 �-
�RIF4 M R IS, CITYCLERK
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. 22-06-21-02 was duly adopted by the
City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the
21St day of June 2022, by the following vote:
F
AYES '� COUNCIL MEMBERS: Bourne, Taylor, Farias, Hart, and Mayor Reeve
NOES C(PUNCIL MEMBERS: None
ASSENT; COUNCIL UNCIL MEMBERS: None
MARIA MORRIS, CITY(CLER
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EXHIBIT "A"
TO
RESOLUTION NO. 22-06-21-02
LEGAL DESCRIPTION OF PROPERTY
ASSESSOR PARCEL NUMBER 668-101-23 (PORTION OF)
PARCEL 2 (PORTION OF)
THAT PORTION OF LOT 60 OF TRACT NO. 103, AS SHOWN ON A MAP FILED IN BOOK
11, PAGES 29 THROUGH 33, INCLUSIVE, OF MISCELLANEOUS MAPS, RECORDS OF
ORANGE COUNTY, CALIFORNIA, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY
OF ORANGE, STATE OF CALIFORNIA, AS DESCRIBED IN THAT CERTAIN QUITCLAIM
DEED RECORD NOVEMBER 15, 2002 AS INSTRUMENT NO. 2002001029026 OF
OFFICIAL RECORDS OF SAID COUNTY, AND MORE PARTICULARLY DESCRIBED AS
BEING "PARCEL 2" OF RECORD OF SURVEY No. 2021-1079, FILED FEBRUARY 10, 2022
IN BOOK 324, PAGE 37 OF RECORDS OF SURVEY, RECORDS OF SAID COUNTY.
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