Resolution Number 22-10-04-041 10/4/2022
RESOLUTION NO. 22-10-04-04
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO DECLARING PURSUANT TO GOVERNMENT CODE
SECTION 54221 THAT A PORTION OF THE REAL PROPERTY OWNED
BY THE CITY LOCATED AT 34200 PASEO ADELANTO IS EXEMPT
SURPLUS LAND, AND FINDING THAT SUCH DECLARATION AND
AUTHORIZATION IS EXEMPT FROM ENVIRONMENTAL REVIEW
UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, the City of San Juan Capistrano (the “City”) is the owner in fee
simple of that certain real property located at 32400 Paseo Adelanto, San Juan
Capistrano, California (APN 668-101-23) (“Property”); and
WHEREAS, the City desire to sell approximately one and two-tenths (1.2) acres
of the Property to Jamboree Housing Corporation for the development and operation
of a permanent supportive housing apartment community containing fifty (50) units with
housing for extremely low- and very low-income households earning fifty percent (50%)
or less of the area median income.
WHEREAS, the City no longer has any use for the Property; and
WHEREAS, the Surplus Land Act, Government Code sections 54220 et seq.
(as amended, the “Act”), applies when a local City disposes of “surplus land,” as that
term is defined in Government Code section 54221; and
WHEREAS, the Property is “surplus land” under the Act, because it is land
owned in fee simple by the City for which the City Council will take formal action (in the
form of adoption of this resolution) in a regular public meeting declaring that the land
is surplus and is not necessary for the City’s use; and
WHEREAS, the Act exempts certain surplus land from its requirements,
including land meeting specific criteria that is being sold for the development of
affordable housing (Government Code section 54221(f)(1)(A)); and
WHEREAS, specifically, Section 54221(f)(1)(A) provides that land sold by a City
pursuant to Government Code Section 37364 whereby 80% of the parcel area will be
developed for housing and not less than 40% of the total number of units developed is
affordable to households whose income are equal to or less than 75% of area median
income of lower income households, and at least 50% of the units are affordable to
very low income households is exempt surplus; and
WHEREAS, the project proposed for the Property will cover more than 80% of
the parcel area being sold and will be developed exclusively with housing for extremely
low- and very low-income households earning fifty percent (50%) or less of the area
median income the criteria set forth in Government Code Section 37364 will be
satisfied.
2 10/4/2022
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Juan
Capistrano that:
SECTION 1. The above recitals are true and correct and are a substantive part
of this Resolution.
SECTION 2. The City Council hereby declares that (i) the Property is surplus
land and not necessary for the City’s use, and (ii) the Property is exempt from the Act
pursuant to section 54221(f)(1)(A) of the Act. The basis for this declaration is the
finding that the Property will be sold for development and operation of a permanent
supportive housing apartment community containing fifty (50) units with housing for
extremely low- and very low-income households earning fifty percent (50%) or less of
the area median income and the development will cover in excess of 80% of the
Property sold.
SECTION 3. This Resolution has been reviewed with respect to the
applicability of the California Environmental Quality Act (Public Resources Code
Section 21000 et seq.) (“CEQA”). On February 15, 2022, the City Council found the
proposed affordable housing project was 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 constitution a “project” for purposes of CEQA. The action to
declare the property exempt surplus is a follow-on action covered by the same exemption.
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.) Additionally, City staff has determined that the designation of
this property as exempt surplus does not have the potential for creating a significant
effect on the environment and is therefore exempt from further review under CEQA
pursuant to State CEQA Guidelines Section 15060(c)(3), because it is not a project
as defined by the CEQA Guidelines, Section 15378. Adoption of the Resolution does
not have the potential for resulting in either a direct physical change in the environment
or a reasonably foreseeable indirect physical change in the environment.
SECTION 4. If any section, subsection, paragraph, sentence, clause or phrase
of this Resolution is declared by a court of competent jurisdiction to be unconstitutional
or otherwise invalid, such decision shall not affect the validity of the remaining portions
of this Resolution.
SECTION 5. The City Clerk shall certify to the adoption of this Resolution.
The City Clerk of the City of San Juan Capistrano shall certify as to the adoption
of this Resolution.
3 10/4/2022
PASSED, APPROVED, AND ADOPTED this 4th day of October 2022.
___________________________
DEREK REEVE, MAYOR
ATTEST:
________________________________
MARIA MORRIS, CITY CLERK
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. 22-10-04-04 was duly adopted by the
City Council of the City of San Juan Capistrano at a Regular meeting thereof, held
the 4th day of October 2022, by the following vote:
AYES: COUNCIL MEMBERS: Taylor, Farias, Hart, and Mayor Reeve
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Bourne
____________________________
MARIA MORRIS, CITY CLERK