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Resolution Number CRA 91-6-4-2r RESOLUTION NO. CRA 91-6-4-2 APPROVING OWNER PARTICIPATION AGREEMENT SEASIDE RANCHOS II/DOLL-EY) A RESOLUTION OF THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY, APPROVING AN OWNER PARTICIPATION AGREEMENT WITH SEASIDE RANCHOS If (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 dui; ublished 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 Board 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 San Juan Capistrano Community Redevelopment Agency, City of San Juan Capistrano, California, as follows: -1- 1. The Agency 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. 2. The Agency 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 .,roposed Site Development and there are no substantial changes in proposed development which would alter the potential environments. :pact of the project. 4. The Chairman of the Agency is hereoy 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 Secretary of the Agency. 5. The Chairman 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 4th day of June 1991. ENCE F. BU HHEIM, CHAIRMAN ATTEST: -2- 240 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, JEFFREY C. PARKER, Acting Secretary of the San Juan Capistrano Community Redevelopment Agency, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. CRA 91-6-4-2 adopted by the Board of Directors of the San Juan Capistrano Community Redevelopment Agency, at a regular meeting thereof held on the 4th day of June , 1991, by the following vote: AYES: Directors Jones, Hausdorfer, Friess, Vasquez and Chairman Buchheim NOES: None ABSTAIN: None ABSENT: None (SEAL) -3- 241 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) JEFFREY C. PARKER, being first duly sworn, deposes and says: That he is the duly appointed and qualified Acting Secretary of the San Juan Capistrano Community Redevelopment Agency; That in compliance with State laws of the State of California and in further compliance with City Resolution No. CRA 83-12-20-1 and on the 7th day of June , 1991, he caused to be posted: RESOLUTION NO. CRA 91-6-4-2 , being: APPROVING OWNER PARTICIPATION AGREEMENT SEASIDE RANCHOS Q DOLLEY A RESOLUTION OF THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY, APPROVING AN OWNER PARTICIPATION AGREEMENT WITH SEASIDE RANCHOS Il (SEASIDE RANCHOS/DOLLEY) in three (3) public places in the City of San Juan Capistrano, to wit: City Hall; Old Fire Station Recreation Complex; Orange County Public Library. San Juan Capistrano Commun Redevelopment Agency CHECK.I.'PT, RES. NO. CRA Chairman has signed �G Secretary has signed Agency Seal stamped /All blanks typed in "Absent" -0 "Noes" D "Abstain" Copies sent to post file�'{O M ail certified Mi ss Li.7a dCaY Legal Publication ordered to be published (date) No. Printed copies required Remarks 4 v