Resolution Number 11-03-01-01CRA RESOLUTION NO, 11-03-01-01
A RESOLUTION OF THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY APPROVING AN AMENDMENT TO THE
OWNER PARTICIPATION AGREEMENT BETWEEN THE COMMUNITY
REDEVELOPMENT AGENCY AND CURRENT PROPERTY OWNER,
CAPISTRANO HOME CENTER, LLC (APN 668-241-23 AND APN 668-
451-01)
WHEREAS, the San Juan Capistrano Community Redevelopment Agency
("Agency") is a community redevelopment agency duly organized and existing under the
California Community Redevelopment Law, Health and Safety Code Section 33000, et
seq. ("CRL"), and has been authorized to transact business and exercise the power of a
redevelopment agency pursuant to action of the City Council ("City Council") of the City
of San Juan Capistrano ("City");, and,
WHEREAS, the existing Redevelopment Plan (the "Redevelopment Plan") and
the boundaries of the Redevelopment Plan (the "Project Area") were duly established by
ordinances of the City Council; and,
WHEREAS, Agency is vested with the power to implement the Redevelopment
Plan and to carry out its goals and objectives of the San Juan Capistrano Community
Redevelopment Agency, including without limitation the goals and objectives adopted
by the Agency's implementation plan (the "Implementation Plan") pursuant to the CRL;
and,
WHEREAS, the Agency is authorized and empowered by the CRL to enter into
agreements for the lease, of real or personal property, to receive consideration for the
provision by the Agency of redevelopment assistance and to make and execute
contracts and other instruments necessary or convenient to the exercise of its powers;
and,
WHEREAS, on June 20, .1989, the Community Redevelopment Agency entered
into an Owner Participation Agreement with the Capistrano Home Furnishings Center
for the purpose of developing the site including construction of certain public
improvements; and
WHEREAS, § 301 of the Owner Participation Agreement limits the types of uses
within the Capistrano Home Furnishings Center to home furniture, design and
accessory stores; and,
WHEREAS, the Owner has requested a modification to the Owner Participation
Agreement to permit uses allowed under the General Commercial designation; and,
WHEREAS, the Community Redevelopment Agency Board of Directors, to help
the vibrancy and occupancy rate of the Capistrano Home Furnishings Center and foster
economic development the City, on September 7, 2010, agreed to amend the Owner
1 3/112011
Participation Agreement to permit uses other than home retail, design and accessory
retailers in the Capistrano Home Center, and permitted under the General Commercial
land use designation; and,
WHEREAS, the City's Environmental Review Board determined that the
proposed amendment to the Owner Participation Agreement would not have a
significant effect on the environment, and accordingly issued a Categorical Exemption
for the project, and has otherwise carried out all requirements of the California
Environmental Quality Act; 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 Agency has duly considered all terms and conditions of the
proposed Amendment and believes that permitting General Commercial uses in the
Capistrano Home Furnishings Center 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, and
advances the purposes of the Redevelopment Plan.
NOW, THEREFORE, in consideration of the foregoing recitals, the Parties
hereby agree as follows:
Each of the foregoing recitals is true and correct.
2. The Agency hereby finds and determines that the Amendment is
consistent with the provisions and goals of the Redevelopment Plan and
Implementation Plan.
3. The Agency hereby finds that the Amendment will not result in physical
impacts to the environment as it seeks to induce the continued operation of property for
automobile sales and service, which has been the historical use of the property, and is
otherwise exempt from the California Environmental Quality Act pursuant to CEQA
Guideline 15060(c)(2) and 15061(b)(3) as the Amendment will not cause a significant
effect on the environment, or is otherwise exempt under CEQA Guideline 15301 Class 1
(Operation, repair, maintenance, or minor alteration of existing structures), 15302
(replacement or reconstruction of existing structures or facilities), and/or 15304 (minor
alteration to land) and therefore the Agency Secretary is hereby authorized and directed
to file a Notice of Exemption with the County Cleric in accordance with the provisions of
CEQA Guideline 15062.
4. The Agency hereby approves the First Amendment to Owner Participation
Agreement between the Agency and Capistrano Home Center LLC, a California Limited
Liability Company, in the form of the First Amendment to Owner Participation
Agreement, attached herewith as Exhibit A.
5, The Agency Chairman and the Agency Secretary are hereby authorized to
execute and attest the First Amendment to Owner Participation Agreement, including
2 3/1/2011
any related attachments, on behalf of the Agency. Copies of the final form of the
Amendment, when duly executed and attested, shall be placed on file in the office of the
Agency Secretary{City Clerk.
0. The Agency Executive Director (or his duly authorized representative) is
further authorized to implement the Amendment and take all further actions and execute
all documents referenced therein and/or necessary and appropriate to carry out the
Amendment. The Agency Executive Director (or his duly authorized representative) is
hereby authorized to the extent necessary during the implementation of the Amendment
to make technical or minor changes thereto after execution, as necessary to properly
implement and carry out the Amendment, provided the changes shall not in any manner
materially affect the rights and obligations of the Agency.
7. The Agency Secretary shall certify to the adoption of this Resolution.
PASSED AND ADOPTED this 1st day of March, 2011.
ATTEST:
}
aria Morris," gen y Secretary
SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY
Laura Freese, Chair
3 3/1/2011
STATE OF CALIFORNIA j
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO }
I, MARIA MORRIS, appointed Agency Secretary of the Community Redevelopment
Agency of the City of San Juan Capistrano, do hereby certify that the foregoing
Resolution No. CRA 11-03-01-01 was duly adopted by the Board of Directors of the
Community Redevelopment Agency at a regular meeting thereof, held the 1sT day of
March, 2011 by the following vote:
AYES: DIRECTORS: Allevato, Kramer, Reeve, Taylor and Chair Freese
NOES DIRECTORS: None
ABSENT: DIRECTORS: None
F
MARIA MORRI , ARec Secretary
4 3/1/2011