Resolution Number 94-5-24-1RESOLUTION NO. 94-5-24-1
' APPROVING DL.SPOSrHON AND DEVELOPMENT AGREEMENT FOR THE SAL OF
PROPERTY LOCATED AT 26822-26842 ORTEGA HIGHWAY AND 31752-31762
CAMINO CAPISTRANO TO SAN JUAN PARTNERS (EL PEON COMPLEXI
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING THE DISPOSITION AND DEVELOPMENT AGREEMENT FOR
THE SALE OF CERTAIN PROPERTY WITHIN THE SAN JUAN CAPISTRANO CENTRAL
REDEVELOPMENT PROJECT AREA TO SAN JUAN PARTNERS (EL PEON COMPLEX)
WHEREAS, the Community Redevelopment Agency of the City of San Juan Capistrano (the
"Agency") is engaged in activities necessary to carry out and implement the Redevelopment Plan for the San Juan
Capistrano Central Redevelopment Project Area; and,
WHEREAS, in order to carry out and implement such Redevelopment Plan, the Agency proposes to
enter into the Disposition and Development Agreement ("the Agreement'), a copy of which is on file in the office of the
City Clerk, with San Juan Partners (the "Developer") for the sale of the premises (the 'Premises") in the San Juan
Capistrano Central Redevelopment Project Area, described in the Agreement as encompassing approximately 19,740
square feet; including one approximately 12,740 -square -foot building commonly known as the El Peon Complex with
a mailing address of 26822-26842 Ortega Highway; and, 7,000 square feet located at 31752-31762 Camino Capistrano;
and,
WHEREAS, pursuant to the California Community Redevelopment Law (California Health and Safety
Code, Section 33000 et seq.) the Agency and the City Council held a joint public hearing on the terms of the Disposition
and Development Agreement and including the sale of the Premises, having duly published notice of such public heating
' and made copies of the proposed Agreement available for public inspection and comment; and,
WHEREAS, the Agency has duly considered all terms and conditions of the proposed Agreement and
believes that the redevelopment of and sale of the Premises thereof is in the best interest of the City of San Juan Capistrano
and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable
State and local law and requirements; and,
WHEREAS, due proposed Disposition and Development Agreement was determined by the Planning
Director to be Categorically Exempt pursuant to California Environmental Quality Act Guidelines (CEQA), Class 12 on
May 3, 1994.
as follows:
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Juan Capistrano
1. The Agency has received and heard all oral and written objections to the proposed Agreement
and to the proposed sale of the Premises and to other matters pertaining to this transaction, and
that all such oral and written objections are hereby overruled.
2. The Agency hereby finds and determines that the consideration to be paid by the Developer
for the sale of the Premises is in accordance with the covenants and conditions governing such
sale. The Agency hereby further finds and determines that all consideration to be paid under
the Agreement is in an amount necessary to effectuate the purposes of the Redevelopment
Plan for the San Juan Capistrano Central Redevelopment Project.
3. The Categorical Exemption issued on May 3, 1994, adequately considered all environmental
impacts potentially caused by the proposed sale of Premises and there are no substantial
' changes relating to the proposed sale which would alter the determination that the project is
exempt under California Environmental Quality Act Guidelines, Class 12, Section 115312.
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447
4. The sale of the Premises and the proposed Agreement, which establishes the terms and
conditions therefor, are hereby approved.
5. The Chairman of the Agency is hereby authorized to execute the Agreement on behalf of the
Agency. A copy of the Agreement, when executed by the Agency, shall be placed on file in
the office of the Agency Secretary.
6. The Executive Director of the Agency (or his designee) is hereby authorized on behalf of the
Agency to sign all documents necessary and appropriate to carry out and implement the
Agreement and to administer the Agency's obligations, responsibilities and duties to be
performed under the Agreement and related documents.
PASSED, APPROVED, AND ADOPTED this 24th day of May
1994.
ATTEST:
118JURNMETWX 0—A-0--ndve
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' STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
EM
1, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO HEREBY
CERTIFY that the foregoing is a true and correct copy of Resolution No. 94-5-24-1 adoptedby the City
Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the ZZ day of
May , 1994, by the following vote:
AYES: Council Members Jones, Hausdorfer, Nash, Vasquez
and Mayor Campbell
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
CRERYL JO YON, ITY CLERK
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