Resolution Number 91-6-4-4151
RESOLUTION NO. 91-6-4-4
APPROVING OWNER PARTICIPATION AGREEMENT (SEASIDE RANCHOS II/DOLLEY)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPROVING AN OWNER
PARTICIPATION AGREEMENT WITH SEASIDE RANCHOS II
(SEASIDE RANCHOS/DOLLEY)
WHEREAS, the Community Redevelopment Agency (the "Agency") of the City
of San Juan Capistrano 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 an Owner Participation Agreement (the "Agreement") with
Seaside Ranchos II (the "Participant") toward the contribution by the Agency for certain
Public Improvements associated with development of the Project Area (the "Site"), as
described in the Agreement, in the San Juan Capistrano Redevelopment Project Area;
and,
WHEREAS, the Participant has submitted to this City 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 the City
Council of the City of San Juan Capistrano held a joint public hearing on the Agreement,
having duly published notice of such public hearing and made copies of the proposed
Agreement available for public inspection and comment; and,
WHEREAS, the Agreement provides for certain Public Improvement, which are
a benefit to the project area and are essential to its redevelopment according to the
Redevelopment Plan; the cost of which renders such improvements infeasible without the
financial participation by the Agency; and,
WHEREAS, the Agency has duly considered all terms and conditions of the
proposed Agreement and believes that the redevelopment of the real property pursuant
thereto is in the best interests 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, a Negative Declaration for the Site Development proposed in the
Agreement has been approved by the City of San Juan Capistrano Environmental Review
card on October 17, 1989, and no modifications to the proposed Site Development has
been made which would require additional environmental review.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San
Juan Capistrano, California, as follows:
1. The City Council has received and heard all oral and written objections
to the proposed Agreement and to other matters pertaining to this
transaction, and that all such oral and written objections are hereby
overruled.
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2. The City Council hereby finds and determines that the public and
common improvements to be financed in part by the Agency are a
benefit to the Project Area and are essential to its development
according to the Redevelopment Plan and that the costs to provide said
improvements would be infeasible without the contribution by the
Agency.
3. The Negative Declaration approved by the City's Environmental Board of
Review on October 17, 1989, adequately considered all environmental
impacts potentially caused by the proposed Site Development and there
are no substantial changes in the proposed development which would
alter the potential impacts caused by the proposed Site Development and
there are no substantial changes in the proposed development which
would alter the potential environmental impact of the project.
4. The Mayor of the City of San Juan Capistrano is hereby authorized to
execute the Agreement on behalf of the City Council. A copy of the
Agreement, when executed by the City Council, shall be placed on file in
the office of the City Clerk.
5. The Mayor of the City Council (or his designee) is hereby authorized, on
behalf of the City Council, to sign all documents necessary and
appropriate to carry out and implement the Agreement and to administer
the City Council's obligations, responsibilities and duties to be performed
under the Agreement, and related documents.
PASSED, APPROVED, AND ADOPTED this
of June , 1991.
ATTEST:
4th
KENNETH E. FRIESS, MAYO
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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. 91-6-4-4 adopted by the City Council of the City of San Juan
Capistrano, California, at a regular meeting thereof held on the 4th day
of June 1991, by the following vote:
AYES: Councilmen Jones, Hausdorfer, Buchheim, Vasquez
and Mayor Friess
NOES:
None
ABSTAIN:
None
ABSENT:
None
(SEAL)
CHERYL J014NSON, CITY CLERK-
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