Resolution Number 22-07-19-01RESOLUTION NO. 22-07-19-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA APPROVING
A DISPOSITION AND DEVELOPMENT AGREEMENT
WITH THE CITY OF SAN JUAN CAPISTRANO AND
JAMBOREE HOUSING CORPORATION FOR THE SALE
OF CERTAIN REAL PROPERTY (PORTION OF APN 668-
101-23) AND DEVELOPMENT OF REAL PROPERTY
(APN 668-101-23)
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, on April 8, 2020, City and Jamboree Housing Corporation
("Developer") entered into that certain Exclusive Negotiation Agreement for the potential
redevelopment of the real property to create affordable housing units and a new city
hall. On March 16, 2021, City and Developer entered into that certain First Amended
Exclusive Negotiation Agreement for additional time to assess the viability of the
redevelopment; 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 ("Agreement") with Developer attached as Exhibit B for
purposes of developing an affordable housing project on the Property and a new city
hall on the remainder of the real property (the "Project"); and
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 approve the Agreement and the sale of
the Property is a follow-on action covered by the same exemption that is applicable to
the Project; and
WHEREAS, on June 21, 2022, the City adopted Resolution No. 22-06-21-02
declaring the City's intention to sell the Property and setting time for a public hearing to
consider the sale of the Property; and
7/19/2022
WHEREAS, unless an exemption applies, California Government Code Section
54220, et seq. (the "Surplus Land Act") requires that prior to the disposal of any surplus
land, 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, the Property is exempt from the Surplus Land Act because the
Property is being disposed of by the City for the development of affordable housing in
accordance with and pursuant to California Government Code Section 37364; and
WHEREAS, the Agreement provides
value, and binds Developer to construct
accordance with the terms therein; and
for the sale of the Property at fair market
the Project in a timely manner, and in
WHEREAS, Developer's proposed acquisition of the Property and subsequent
construction and development of the real property is in the public interest and
convenience of the City, the community, and the health, safety, and welfare of the City's
taxpayers and residents, and will further the goals and objectives of the City's general
plan by promoting and achieving development of low income housing and public
facilities and services.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA DOES HEREBY RESOLVE AND FIND AS FOLLOWS:
Section 1. Recitals. The Recitals set forth above are true and correct and are
incorporated into this Resolution by this reference.
Section 2. Hearing. Pursuant to California Government Code Section 37423,
a duly noticed public hearing was held by the City on July 19, 2022.
Section 3. CEQA Compliance. The City Council hereby finds that the
adoption of this Resolution approving the Agreement is covered by the same exemption
that applied to the overall Project. Namely, that the Project — including this Resolution
approving the Agreement — 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.)
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Section 4. Surplus Land Act Compliance. The City Council hereby finds
that the Property is "exempt surplus land" under Government Code Sections
54221(f)(1)(A) and 37364; the City can dispose of land at less than fair market value to
provide affordable housing under whatever terms and conditions the City deems best
suited to the provision of such housing provided that (1) the use is in the city's best
interest; (2) not less than 80 percent of the area of any parcel of property disposed of
shall be used for development of housing; (3) not less than 40 percent of the total
number of those housing units developed on any parcel pursuant to this section shall be
affordable to households whose incomes are equal to, or less than, 75 percent of the
maximum income of lower income households, and at least half of which shall be
affordable to very low income households; and (4) the dwelling units produced for low or
moderate income shall be restricted by a regulatory agreement to remain continually
affordable to those persons for not less than 30 years with a provision making the
covenants and conditions of the agreement binding upon successors in interest of the
housing sponsor. Here, the use of the Property for affordable housing is in the City's
best interest because it is in conformance with the City's General Plan by promoting and
achieving development of low income, will assist the City is meeting its regional housing
needs assessment allocation, and will provide permanent supportive housing at
affordable rates to members of the community. The Property will consist of
approximately one and two-tenths (1.2) acres and will thereafter be utilized for
development and operation of a fifty (50) unit Permanent Supportive Housing
development containing twenty-four (24) units made available to Extremely Low Income
(< 30%) and Very Low Income (<50%) households restricted by a regulatory agreement
for at least fifty-five (55) years and consisting of approximately forty-five thousand
square feet (45,401 sf) contained in three (3) stories.
Section 5. Findings. The City Council intends to sell the Property to
Developer and, based upon the Recitals and all other information and testimony
provided, finds that the public interest and convenience require the sale of the Property
to Developer.
Section 6. Approval of Agreement- The City Council hereby finds that no
protests were received, or the City Council hereby overrules the protests by a four -fifth
vote of its members, and hereby approves the Agreement, in substantially the form
attached to this Resolution as Exhibit "B," subject to any non -substantive revisions
approved by the City Attorney and authorizes the Mayor to sign and enter into the
Agreement and direct the City Manager to perform the obligations of the City pursuant
to the Agreement. The City Manager is authorized and directed to take any additional
action necessary to implement the intent of the City Council and this action.
Section 7. Severability. If any provision of this Resolution or the application
of any such provision to any person or circumstance is held invalid, such invalidity shall
not affect other provisions or applications of this Resolution that can be given effect
without the invalid provision or application, and to this end the provisions of this
Resolution are severable. The City declares that the City would have adopted this
Resolution irrespective of the invalidity of any particular portion of this Resolution.
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Section 8. Certification. The City Clerk of the City of San Juan Capistrano
shall -certify -to the -adoption -of -this -Resolution.
Section 9. Effective Date. This Resolution shall become effective
immediately upon its adoption.
APPROVED AND ADOPTED THIS 19th of July 2022
DEREK REEVE, MAYOR
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. 22-07-19-01 was duly adopted by the
City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the
19th day of July 2022, by the following vote:
AYES: COUNCIL MEMBERS: Bourne, Taylor, Farias, Hart, and Mayor Reeve
NO OUNCIL MEMBERS: None
ABSE T: QPrNCIL MEMBERS: None
N
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EXHIBIT "A"
TO
RESOLUTION NO. 22-07-19-01
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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EXHIBIT "B"
TO
RESOLU`IION NO. 22 -U/ -1y-01
DISPOSITION AND DEVELOPMENT AGREEMENT
(City Hall — Paseo Adelanto Mixed Use Permanent Supportive Housing)
[Incorporated by reference]
7/19/2022