Resolution Number 92-8-18-8RESOLUTION NO. 92-8-18-8
151
FOR THE SALE
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPROVING THE DISPOSITION
AND DEVELOPMENT AGREEMENT FOR CERTAIN PROPERTY
WITHIN THE SAN JUAN CAPISTRANO CENTRAL
REDEVELOPMENT PROJECT AREA TO RALPH A. FURRA
(SWALLOWS INN)
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
Areas; 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"), made a part hereof by reference, with Ralph A. Furra (the "Developer")
for the sale of the premises (the "Premises") in the San Juan Capistrano Central
Redevelopment Project Area, described in the Agreement as approximately 17,133
square feet commonly known as the Swallows Inn and Paisley Penguin with a mailing
address of 31782-31786 Camino Capistrano; and,
WHEREAS, the Developer has submitted to this Agency copies of said proposed
Agreement in a form desired by the Participant; and,
WHEREAS, pursuant to the California Community Redevelopment Law
(California Health and Safety Code, Section 33000 et seq.), the Agency and this City
Council held a joint public hearing on the Agreement and the proposed sale of the
Premises, having duly published notice of such public hearing 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 it residents, and in accord with the public purposes and provisions of
applicable State and local law and requirements; and,
WHEREAS, the proposed Agreement was determined by the Planning Director
to be Categorically Exempt pursuant to California Environmental Quality Act Guidelines
(CEQA), Class 12, on July 30, 1992.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San
Juan Capistrano as follows:
1. The City Council 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.
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The City Council 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 City Council
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 July 30, 1992, adequately
considered all environmental impacts potentially caused by the proposed
sale of Premises as there are no substantial changes in the proposed sale
which would alter the determination that the project is exempt under
CEQA Guidelines, Class 12.
4. The sale of the Premises and the proposed Agreement, which establish
the terms and conditions therefore, are hereby approved.
5. The City Council hereby authorizes the City Clerk to deliver a copy of
this resolution to the Executive Director of the Agency. A copy of the
Agreement, when executed by the Agency, shall be placed on file in the
Office of the City Clerk.
PASSED, APPROVED, AND ADOPTED this
of August ,1992.
GILJ , MAYOR
ATTEST:
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18th
day
153
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, 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. 92-8-18-8 adopted by the City Council of the City of San Juan
Capistrano, California, at a regular meeting thereof held on the 18th day
of August , 1992, by the following vote:
AYES: Councilmen Friess, Hausdorfer, Harris, Vasquez,
and Mayor Jones
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)?®
CHERYL JOHNSON,
,Ci CLERK
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