Resolution Number 06-11-07-03RESOLUTION NO. 06-11-07-0 3
' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING A DISPOSITION AND
DEVELOPMENT AGREEMENT BY AND BETWEEN THE SAN JUAN
CAPISTRANO REDEVELOPMENT AGENCY AND SEASONS SENIOR
APARTMENTS II, L.P., MAKING CERTAIN FINDINGS IN CONNECTION
THEREWITH, AND INITIATING AN AMENDMENT TO THE GENERAL
PLAN LAND USE ELEMENT FOR APN 666-241-07.
WHEREAS, the San Juan Capistrano Redevelopment Agency (the "Agency") is
engaged in activities necessary to carry out and implement the Redevelopment Plan for
the Central Redevelopment Project (the "Project"); and
WHEREAS, in order to carry out and implement such Redevelopment Plan the
Agency proposes to enter into that certain Disposition and Development Agreement (the
"Agreement") with Seasons Senior Apartments II, L.P. (the "Developer") for the
development of certain property located within the Project Area at the northwest corner
of Rancho Viejo Road and Paseo Espada in the City of San Juan Capistrano (the
"Site"), all as described in the Agreement; and
WHEREAS, the Developer desires to acquire the Site for the purpose of
' developing a housing project (the "Housing Development") on the Site, which will
generally consist of a rental housing complex for senior citizens containing thirty-eight
(38) units, with associated parking, landscaping and community facilities; and
WHEREAS, the construction and operation of the Housing Development is
intended to implement the Agency's goals and objectives under the Act to provide
decent, safe and sanitary housing for persons and families of low and moderate income,
and to increase, improve and preserve housing available at affordable housing cost to
persons of very low and lower income, pursuant to the Redevelopment Plan and Health
& Safety Code Sections 33334.2, et seq., and 33413; and
WHEREAS, Section 9-2.307 of Title 9 of the San Juan Capistrano Municipal
Code grants the City Council sole authority to initiate consideration of General Plan
Amendments; and,
WHEREAS, the Agency and the Developer have requested that the City Council
initiate an amendment to the General Plan Land Use Element by amending the
designation of the Site from "General Commercial" to "Affordable Family / Senior
Housing'; and,
WHEREAS, the Developer has submitted to the Agency and the City Council of
the City of San Juan Capistrano (the "City Council") copies of the Agreement in a form
executed by the Developer; and
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WHEREAS, pursuant to the Agreement, the Agency would sell the Site to the
Developer, and the Developer would construct and operate the Development on the
Site; and
WHEREAS, the purchase price payable by Developer for the Site pursuant to the
Agreement is not less than the fair market value of the Site, as determined by an
appraisal conducted by a state certified appraiser commissioned by the Agency; and
WHEREAS, pursuant to Section 33433 of the Community Redevelopment Law
(California Health and Safety Code Section 33000, et seq.), the Agency is authorized,
with the approval of the City Council after a duly noticed public hearing, to sell the Site
for development pursuant to the Redevelopment Plan upon a determination by the City
Council that the sale of the property will either assist in the elimination of blight or
provide affordable housing for very low and lower income persons, that the
consideration for such sale is not less than either the fair market value or fair reuse
value of the Site in accordance with the covenants and conditions governing the sale
and the development costs required thereof, and that the sale is consistent with the
implementation plan which has been adopted by the Agency for the Project; and
WHEREAS, a joint public hearing of the Agency and City Council on the
proposed Agreement was duly noticed in accordance with the requirements of Health
and Safety Code Sections 33431 and 33433; and
WHEREAS, the proposed Agreement, and a summary report meeting the
requirements of Health and Safety Code Section 33433, were available for public
inspection prior to the joint public hearing consistent with the requirements of Health
and Safety Code Section 33433; and
WHEREAS, on November 7, 2006, the Agency and City Council held a joint
public hearing on the proposed Agreement, at which time the Agency reviewed and
evaluated all of the information, testimony, and evidence presented during the joint
public hearing; and
WHEREAS, all actions required by all applicable law with respect to the
proposed Agreement have been taken in an appropriate and timely manner; and
WHEREAS, the City Council has reviewed the summary required pursuant to
Health and Safety Code Section 33433 and evaluated other information provided to it
pertaining to the findings required pursuant to Health and Safety Code Section 33433;
and
WHEREAS, the City Council has previously determined, in its adoption of the
ordinance approving the Central Redevelopment Project, that the Site was blighted; and
WHEREAS, the Agreement would provide for the elimination of such blighting
conditions by providing for the construction of a high quality affordable multifamily senior
housing development on the Site; and
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WHEREAS, the Agreement would provide affordable housing for very low and
' lower income persons on the Site; and
WHEREAS, the Agency has adopted an Implementation Plan pursuant to Health
and Safety Code Section 33490, which specifically identifies the intent of the Agency to
provide for the development on the Site of affordable housing for very low and lower
income households; and
WHEREAS, the Agreement will assist the Agency in meeting the objectives set
forth in the Implementation Plan by providing for the development and operation of the
Housing Development; and
WHEREAS, the voters of the City have approved a ballot measure which
provides that up to five percent of the housing units constructed in the City may be low
rent housing projects as defined under Article XXXIV of the State Constitution; and
WHEREAS, in the event that the Housing Development is constructed and
restricted to very low and lower income tenants, less than five percent of the housing
units constructed in the City will be low rent housing projects as defined under Article
XXXIV of the State Constitution; and
WHEREAS, a Mitigated Negative Declaration ("MND") was prepared for the
Project pursuant to and in accordance with the California Environmental Quality Act
' (Public Resources Code Section 21000 et seq.) ("CEQA") and the Guidelines for
Implementation of the California Environmental Quality Act (Title 14, California Code of
Regulations, Sections 15000 et seq.) ("the CEQA Guidelines'); and
WHEREAS, the City Council has duly considered all terms and conditions of the
proposed Agreement and believes that the redevelopment of the Site 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 laws and requirements.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San
Juan Capistrano does hereby:
Section 1. Find each of the foregoing recitals is true and correct.
Section 2. The City Council finds and determines that, based upon substantial
evidence provided in the record before it; the consideration for the Agency's sale of the
Site pursuant to the terms and conditions of the Agreement is not less than the fair
market value of the Site.
Section 3. The City Council hereby finds and determines that the disposition of
' the Site pursuant to the Agreement will eliminate blight within the Project Area by
providing for the proper reuse and redevelopment of a portion of the Project Area which
was previously declared blighted.
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Section 4. The City Council hereby finds and determines that the Agreement
would provide affordable housing for very low and lower income persons on the Site.
Section 5. The City Council hereby finds and determines that the Agreement
is consistent with the provisions and goals of the Redevelopment Agency's
Implementation Plan.
Section 6. The City Council hereby determines that the Housing Development
is permitted in accordance with Article XXXIV of the State Constitution. This Resolution
is hereby deemed to constitute final approval of a proposal which may result in housing
assistance benefiting persons of low income, within the meaning of Health and Safety
Code Section 36005.
Section 7. The City Council hereby approves the Agreement, and authorizes
the Agency to enter into the Agreement.
Section 8. The City Council hereby initiates consideration of an Amendment to
the General Plan Land Use Element for APN 666-241-07.
Section 9. An Initial Study and Mitigated Negative Declaration (MND) have
been prepared in compliance with the California Environmental Quality Act (CEQA), the
State CEQA Guidelines, and City environmental procedures. The Draft MND was made
available for a 20 -day public review period on October 13, 2006. The contents of the
environmental document, including comments on the document and responses to the
comments, have been considered in the various decisions on this project. On the basis
of the entire environmental review record, the proposed project will either have a less
than significant impact upon the environment or any identified impacts can be mitigated
to a less than significant level. Additionally, there are no long-term environmental goals
that would be compromised by the project nor cumulative impacts are anticipated in
connection with the project. The mitigation measures have been incorporated into a
Mitigation Monitoring and Reporting Program (MMRP). Based on the aforementioned
findings, the City Council hereby certifies the Mitigated Negative Declaration and
approves the Mitigation Monitoring and Reporting Program.
Section 10. This Resolution shall take effect from and after its date of adoption.
PASSED, APPROVED, AND ADOPTED this 7T" day of November, 2006.
David M. Sw6rdlin, Mayor
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L
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do hereby certify
that the foregoing Resolution No. 06-11-07-03 was duly adopted bythe City Council of the City of San Juan
Capistrano at a Regular meeting thereof, held the 7`h day of November 2006, by the following vote:
AYES:�NCIL MEMBERS:
NOES: NCIL MEMBER:
ABSENT WIL MEMBER:
Hart, Bathgate, Soto, Allevato and Mayor Swerdlin
None
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