Resolution Number 24-03-19-021
RESOLUTION NO. 24-03-19-02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, FINDING AND DECLARING THAT A
PORTION OF CERTAIN REAL PROPERTY (A PORTION OF HISTORIC
TOWN CENTER PARK) IS NON-EXEMPT SURPLUS LAND, APPROVING
THE FORM OF NOTICE OF AVAILABILITY THEREFORE, AUTHORIZING
THE CITY MANAGER TO COMPLY WITH THE SURPLUS LAND ACT,
AND FINDING THE FOREGOING CATEGORICALLY EXEMPT FROM
CEQA REVIEW
WHEREAS, the City of San Juan Capistrano (“City”) currently owns in fee that
certain real property at 31872 and 31882 El Camino Real (Assessor Parcel Number: 124-
160-11 and -12) and depicted in Exhibit “A” attached to this resolution and incorporated
by reference herein (the “Property”); and
WHEREAS, the City has received a development proposal for a Performing Arts
Center on the Property and is considering options for long-term use and ownership of the
two parcels.
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 issue a Notice of Availability to specified entities depending
on the purpose to which the City intends to put the Property; and
WHEREAS, because at least one of the City’s purposes for the Property is for the
creation of open space and/or parks and recreation, the City must issue the Notice of
Availability to affordable housing developers under Section 54222(a)(1) of the Surplus
Land Act and to specified local and state parks authorities pursuant to Section 54222(b)
of the Surplus Land Act; and
WHEREAS, Thereafter, if any entity submits a qualified Notice of Interest within
sixty (60) days of issuance of the Notice of Availability, the local agency must negotiate
in good faith for at least ninety (90) days with any such submitting entities; and
WHEREAS, the Property is not exempt from the Surplus Land Act; and
WHEREAS, a form of Notice of Availability is attached hereto as Exhibit B; 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 determinations, approvals, and authorizations in this resolution are
not “projects” as defined in California Environmental Quality Act (CEQA) Guidelines
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section 15378, because none of these acts has a potential for resulting in either a direct
physical change in the environment, or a reasonably foreseeable indirect physical change
in the environment. Therefore, CEQA does not apply here. See CEQA Guidelines section
15060(c)(3). In the alternative, even if the actions contemplated here constituted a
“project” under CEQA, they involve the sale of surplus government property, and the sale
of surplus government property is exempt from environmental review under CEQA
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 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 is
exempt from CEQA review.
Furthermore, the City Council’s approval of a resolution declaring City-owned
property non-exempt surplus land would not be an activity with potential to cause
significant effect on the environment, and therefore is exempt from CEQA. Specifically,
the proposed project would not result in a cumulative impact of successive projects of this
same type in the same place.
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.
SECTION 4. Notice of Availability. The City Council of the City hereby
approves the form of Notice of Availability substantially in the form attached hereto as
Exhibit B.
SECTION 5. Authorization to Comply with Surplus Land Act. The City Council
of the City hereby authorizes the City Manager or his designee to take all necessary
actions to fully comply with the Surplus Land Act without further need to obtain City
Council approval.
SECTION 6. 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 Resolution.
SECTION 7. 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 30448 Rancho Mission Viejo Road, San Juan Capistrano, CA
92675.
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.
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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 March 2024.
_____________________________________
SERGIO FARIAS, 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. 24-03-19-02 was duly adopted by the City
Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 19th
day of March 2024, by the following vote:
AYES: COUNCIL MEMBERS: Hart, Taylor, Campbell, Bourne and Mayor Farias
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
____________________________
MARIA MORRIS, CITY CLERK
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EXHIBIT “A”
TO
RESOLUTION NO. 24-03-19-02
DEPICTION OF PROPERTY
REAL PROPERTY IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE,
STATE OF CALIFORNIA, DEPICTED AS FOLLOWS:
Assessor’s Parcel Number: 124-160-11 & -12
Proposed to be
Declared Surplus
HTC Park Boundaries
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EXHIBIT “B”
TO
RESOLUTION NO. 24-03-19-02
NOTICE OF AVAILABILITY
March 20, 2024
To All Interested Parties:
RE: Notice of Availability for Sale of Surplus Property (City of San Juan Capistrano)
As required by Government Code Section 54220 of the State of California, the City of San Juan Capistrano
is providing notification that the City intends to sell an approximately 1.37-acre parcel located at 31872 El
Camino Real (124-160-11) and an approximately 0.51-acre parcel located at 31882 El Camino Real (APN:
124-160-12), two of five parcels that comprise Historic Town Center Park. An aerial image of the subject
property is provided below. Allowed uses are recreational in nature including sports fields, public facilities,
and accessory structures.
Proposed to be
Declared Surplus
HTC Park Boundaries
Page 2 of 3
March 20, 2024
In accordance with Government Code Section 54222, interested parties have sixty (60) days from the date
this offer was sent via certified mail or electronic mail to notify the City of interest in purchasing the
property. However, this offer shall not obligate the City to sell the property to an interested entity.
Instead, the City would enter into at least ninety (90) days of negotiations with an interested party
pursuant to Government Code Section 54223. If no agreement is reached on sale price or agreement
terms, the City may enter into negotiations with the general public.
Prior to notifying the City of interest in purchasing the property, prospective buyers are encouraged to
review the significant development constraints and use prohibitions that exist on the properties which are
outlined below.
1. Land Use Restrictions
The community of San Juan Capistrano places a high priority on the preservation of open space lands; in
fact, voters have twice passed local property tax assessments to purchase open space land. In recognition
of this commitment and long-held value, in 2008 residents passed a ballot measure to affirm the
importance of open space. Measure X was passed (78.8% support) to establish that any land designated as
Open Space would not transition to another land use designation without a vote of the people. The 1.37-
acre parcel located at 31872 El Camino Real (124-160-11) has a General Plan Land Use Designation of
Specialty Park, which is governed by SJC Municipal Code 9-2.104. Therefore, the change to a General Plan
designation to allow residential uses would be subject to a city-wide ballot measure. Any potential
residential/affordable housing developer would be required to undertake the typical
discretionary/legislative land use revision process, and then also be subject to a separate voter approval
process. If the legislative or voter approval process fails, the land cannot be developed with residential
uses. For additional background into the residents’ intention to preserve open space lands, the 2008
Measure X ballot language and corresponding excerpt from the Municipal Code is provided as Attachment
1.
The approximately 0.51-acre parcel located at 31882 El Camino Real (APN: 124-160-12) has a General Plan
Land Use Designation of General Commercial and Zoning Classification of Community Park (CP). Allowed
uses are recreational in nature including sports fields, public facilities, and accessory structures; residential
uses are not permitted within the CP zoning district.
Conclusion
After reviewing the development constraints that exist on the property, if your agency or company is
interested in purchasing the property, you must notify the City in writing within sixty (60) days of the date
this notice was sent via certified mail or electronic mail. Notice of your interest in acquiring the property
shall be delivered to Matisse Reischl, Assistant City Manager, via e-mail to
mreischl@sanjuancapistrano.org.
As required by Government Code Section 54227, if the City receives more than one letter of interest
during this 60-day period, it will give first priority to entities proposing to develop housing where at least
25 percent of the units will be affordable to lower income households. If more than one such proposal is
received, priority will be given to the proposal with the greatest number of affordable units. If more than
one proposal specifies the same number of affordable units, priority will be given to the proposal that has
the lowest average affordability level. Additionally, entities proposing to submit a letter of interest are
Page 3 of 3
March 20, 2024
advised to review the requirements set forth in the Surplus Land Act (Government Code Section 54220-
54234).
ATTACHMENT:
ATTACHMENT 1 – 2008 Measure X Ballot Language and Municipal Code Excerpt
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2008 Ballot Measure Language
“Shall the voters of the City of San Juan Capistrano adopt an ordinance adding section 9-2.104 to
the Municipal Code requiring that any pending or future proposed General Plan designation
change for any land presently designated as "Open Space" in the City's General Plan to another
allowable use shall not become legally effective unless the proposed General Plan change is
approved by the city electorate at a special or general city election?"
San Juan Capistrano Municipal Code
Sec. 9-2.104. Voter approval requirement for Open Space General Plan designation changes.
(a)Statement of Intent. The people of the City of San Juan Capistrano declare that the
preservation of open space within the City has been and continues to be a high priority for the
community. Land designated by the City’s General Plan as open space land should not be changed
to other allowable land uses without voter review and approval at a citywide election.
Accordingly, this section is intended to require voter approval of proposed changes to City
General Plan designated open space land in accordance with the procedures of this section.
(b)Voter approval for General Plan Open Space designation changes. After the legally effective
date of this section, any pending or future proposed General Plan designation change for any
land designated for as “Open Space” to another allowable land use shall not become legally
effective unless the proposed General Plan change is approved by the City electorate at the time
of a City general or special election, or other state-side election held pursuant to Elections
Code Section 1000. This section applies only to changes in General Plan designations as described
in this section.
This voter approval requirement is intended to preclude any form of amendment to any existing
General Plan designated open space parcel by any future City Council by a process of change or
amendment to “definitions” or other statement of permissible uses presently describing
authorized uses under the Open Space designation of the General Plan, unless such change or
amendment is submitted to and approved by a vote of the people.
(c)Normal planning process is applicable to General Plan designation changes prior to holding
an election. A citywide election on the question of whether to approve a General Plan Open Space
designation change shall not be ordered until the General Plan amendment application is first
processed before the Planning Commission and City Council in accordance with Municipal Code
and State Planning Law requirements, and the City Council has formally approved the General
Plan designation change by adoption of an appropriate resolution.
(d)Timing and cost of election.
(1)Should it be necessary to conduct an election pursuant this section, the City Council may
order the election to be held on a City general election date, other statewide gene ral election
date provided for under Elections Code Section 1000, or special election date;
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(2)The City shall bear the cost of ballot measure at a City general election. The applicant shall
bear the full cost of the election if the applicant has requested that the ballot measure be held
on a statewide election or special City election date.
(e)Future amendments. Pursuant to Elections Code Section 9217, this section may not be
amended or repealed unless such amendatory or repeal proposal is submitted to a vote of the
people. (Ord. No. 940-A, § 1, 12-2-2008)