Resolution Number 22-10-04-051 10/4/2022
RESOLUTION NO. 22-10-04-05
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 (MULTI-MODAL PARKING LOT PARCELS), DECLARING
ITS INTENT TO SELL SUCH PROPERTY, FINDING SUCH PROPERTY
TO BE EXEMPT FROM THE SURPLUS LAND ACT, SETTING A
HEARING DATE FOR CONSIDERATION OF PROTESTS, AND FINDING
THE SAME CATEGORICALLY EXEMPT FROM CEQA REVIEW
WHEREAS, the City of San Juan Capistrano (“City”) currently owns in fee that
certain real property, Multi-Modal Parking Lot Parcels, generally located 31681 Camino
Capistrano in the City of San Juan Capistrano (APNs: 124-181-02 and 124-181-03) and
depicted in Exhibit “A” attached to this resolution and incorporated by reference herein
(the “Property”); and
WHEREAS, on October 18, 2016, the City entered into an Exclusive Negotiation
Agreement (“ENA”) for potential future development and disposition of the property. At
the time of execution of the ENA the APNs were 121-141-25 and 121-141-26. The APN
number are now 124-181-02 and 124-181-03.
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 SJCM, LLC, a California
limited liability company (“Purchaser”) and SJC Mission Ventures, 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, the Property is exempt from the Surplus Land Act, because the City
entered into an Exclusive Negotiating Agreement to dispose of the property before
September 30, 2019; 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
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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, declare and find that the Property is exempt
from the Surplus Land Act, 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 the 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 ¼ 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
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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. As a separate and fully
independent justification, the recommended action is categorically exempt from CEQA
review pursuant to a Class 1 categorical exemption for existing facilities. The properties
are proposed to be sold for continuation of existing uses. There will be no change in the
existing use of the site. None of the exceptions to the categorical exemptions in State
CEQA Guidelines, section 15300.2 applies.
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 Council of the City hereby further finds and
determines that the Property is “exempt surplus land” pursuant to Government Code
section 54234, because the City entered into an Exclusive Negotiation Agreement to
dispose of the property prior to September 30, 2019. Therefore, pursuant to Government
Code section 54234, the Surplus Land Act shall not apply to this sale and transfer 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) support the
City’s ability to provide for available public parking in perpetuity on the parcels (ii) mitigate
future liability (iii) relieve the City’s property maintenance responsibility of a surplus
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
October 18, 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 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 October 18, 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 October 18, 2022.
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.
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SECTION 8. Custodian of Documents. The custodian of documents
constituting the record of proceedings for this matter is the City Clerk of the City of San
Juan Capistrano. The documents constituting the record of proceedings for this matter
are located at City Hall at 32400 Paseo Adelanto, San Juan Capistrano, CA 92675.
SECTION 9. 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 10. 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 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. 22-10-04-05 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: Farias, Hart, and Mayor Reeve
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Bourne
RECUSED: COUNCIL MEMBERS: Taylor
____________________________
MARIA MORRIS, CITY CLERK
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EXHIBIT “A”
TO
RESOLUTION NO. 22-10-04-04
DEPICTION OF PROPERTY
APN: 124-181-03
APN: 124-181-02