PUBLIC NOTICE - CITY OF SAN JUAN CAPISTRANORESOLUTION NO. 26-04-21-02
A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO TO SELL A PORTION OF CITY-OWNED PROPERTY LOCATED ON THE WESTSIDE OF ROSENBAUM ROAD, ACROSS FROM 29458 ROSENBAUM ROAD, FINDING SUCH PROPERTY EXEMPT FROM THE SURPLUS LAND ACT, SETTING A HEARING DATE FOR CONSIDERATION OF PROTESTS, AND FINDING THE SAME EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT REVIEW – Approved April 21, 2026WHEREAS, the City of San Juan Capistrano (“City”) currently owns in fee that certain real property generally located on the westside of Rosenbaum Road, directly across from 29458 Rosenbaum Road in the City of San Juan Capistrano (APN 650-090-06) and legally described in Exhibit “A” attached to this resolution and incorporated by reference herein (the “Property”); and
WHEREAS, the City has no use for the 1,115 square foot, unimproved property and desires to sell the Property by entering into a Purchase and Sale Agreement (“PSA”) with St. John Chrysostom American Coptic Orthodox Church (“Purchaser”); and
WHEREAS, California Government Code Section 54220 et seq. (the “Surplus Land Act”) requires that prior to the disposal of any surplus land, unless an exemption applies, a local agency must provide notice to, among others, affordable housing developers, and thereafter negotiate in good faith for ninety (90) days with any parties who submit a notice of interest; and
WHEREAS, the Property proposed to be sold is exempt from the Surplus Land Act because it is less than one half acre in area, or 21,780 square feet, and it is not contiguous to land owned by a state or local agency that is used for open-space or low- and moderate-income housing purposes; and
WHEREAS, the City no longer has any use for the Property; and
WHEREAS, California Government Code Sections 37420 through 37430 authorize the City to dispose of property; and
WHEREAS, the Surplus Land Act, Government Code sections 54220 et seq. (as amended, the “Act”), applies when a local agency disposes of “surplus land,” as that term is defined in Government Code section 54221; and
WHEREAS, the Property is “surplus land” under the Act, because it is land owned in fee simple by the City for which the City Council will take formal action (in the form of adoption of this resolution) in a regular public meeting declaring that the land is surplus and is not necessary for the City’s use; and
WHEREAS, the Property may be declared exempt surplus land if it is less than one-half acre in area and it is not contiguous to state or local agency property used for open-space or low- or moderate-income housing (Government Code section 54221(f)(1)(B)); and
WHEREAS, the Property is less than on half acre in area because it is approximately 1,115 square feet in size, and the Property is not contiguous to land owned by a state or local agency that is used for open space or low and moderate income housing purposes; and
WHEREAS, none of the characteristics listed under Government Code section 54221, subdivision (f)(2) apply to the Property. Specifically, the Property is not within a Coastal Zone, nor is it Adjacent to a historical unit of the State Parks System, nor is it listed on, or determined by the State Office of Historic Preservation to be eligible for, the National Register of Historic Places, nor is it Within the Lake Tahoe region as defined in Government Code section 66905.5; and,
WHEREAS, the City is determining that the Property identified in Exhibit A is, in fact, exempt surplus land under the SLA and City will notify the Department of Housing and Community Development no less than thirty (30) days prior to the disposing of any exempt surplus land; andWHEREAS, in accordance with CEQA, the City has analyzed all potential environmental effects associated with the proposed action and has determined that the said action is categorically exempt from CEQA pursuant to CEQA Guidelines Section 15312 (Surplus Government Property Sales); and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Juan Capistrano as follows:
SECTION 1. The forgoing recitals are true and correct and incorporated herein.
SECTION 2. The City Council finds that the proposed action consists solely of the sale of surplus government property, and the sale of surplus government property is exempt from environmental review under the California Environmental Quality Action pursuant to State CEQA Guidelines section 15312. Specifically, the government property is not located in an area of statewide, regional or areawide concern as defined in State CEQA Guidelines, section 15206(b)(4). The Property is not located in any of the following: the Lake Tahoe Basin, the Santa Monica Mountains Zone, the California Coastal Zone, an area within ¼ mile of a wild and scenic river, the Sacramento-San Joaquin Delta, the Suisun Marsh, or the jurisdiction of the San Francisco Bay Conservation and Development Commission. Therefore, the City Council’s adoption of this Resolution is exempt from CEQA review.
The City Council further finds that none of the exceptions to the categorical exemptions in State CEQA Guidelines, section 15300.2 applies. Specifically, the proposed project would not result in a cumulative impact of successive projects of this same type in the same place. The City can only sell this property once. Moreover, the City’s disposal of this surplus land does not involve a reasonable possibility that the sale will have a significant effect on the environment due to unusual circumstances. There is nothing unusual about the disposal of surplus land that would lead to an environmental effect. The Property is not located within or adjacent to a highway officially designated as a state scenic highway. Thus, the sale of the property would not result in damage to scenic resources within such a designated highway. The Property is not on the Cortese list compiled pursuant to Government Code section 65962.5. The Property is not a historical resource and thus the sale of it would not impact such a resource.
Any future development of the Property would be subject to separate discretionary approvals and environmental review under CEQA, as required.
SECTION 3. The City Council hereby finds that (i) the Property is no longer necessary for the City’s use, (ii) the Property is smaller than one-half acre in area because it is approximately 1,115 square feet in area, and (iii) the Property is not contiguous to land owned by a state or local agency that is used for open-space or low- and moderate-income housing purposes. The City Council also hereby finds that (i) the City desires to sell the Property to St. John Chrysostom American Coptic Orthodox Church. Furthermore, none of the characteristics listed under Government Code section 54221(f)(2) apply to the Property. The City Council therefore declares that the Property is exempt surplus land pursuant to section 54221(f)(1)(B) of the Act. SECTION 4. The City Manager or designee is hereby authorized and directed to send a copy of this Resolution to the California Department of Housing and Community Development in accordance with the requirements of Section 400(e) of the SLA Guidelines.
SECTION 5. Declaration of Intent to Sell; Fixing of Hearing. The City Council of the City hereby declares its intent to sell the Property pursuant to the PSA and fixes May 19, 2026, at 5:00 P.M. or as soon thereafter that the matter can be heard at the City of San Juan Capistrano, City Council Chambers, located at 25925 Camino Del Avion, San Juan Capistrano, California 92675 as the date, time and location for hearing any protests to the proposed sale of the Property, approval of the PSA, and as the final action date.
SECTION 6. Publication and Posting. In compliance with California Government Code Section 37423, the City Council hereby directs City staff to publish this resolution at least once in a daily newspaper prior to May 19, 2026, and to post this Resolution for not less than ten (10) days in at least three (3) conspicuous places upon the Property prior to May 19, 2026.
SECTION 7. If any section, subsection, paragraph, sentence, clause or phrase of this Resolution is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Resolution.
SECTION 8. This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall attest to and certify the vote adopting this Resolution.
SECTION 9. The City Council hereby directs staff to prepare, execute and file with the Orange County Clerk and the State Clearinghouse a Notice of Exemption within five working days of the approval of the Resolution.
Section 10.The documents and materials associated with this Resolution that constitute the record of proceedings on which these findings are based are located at San Juan Capistrano City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California 92675. The City Clerk is the custodian of records for the record of proceedings.
PASSED AND ADOPTED by the City Council of the City of San Juan Capistrano at a regular meeting of the City Council on April 21, 2026, by the following vote:
AYES: COUNCIL MEMBERS: BOURNE, FARIAS, HART, TAYLOR, AND MAYOR CAMPBELLNOES: NONEABSENT: NONEABSTAIN: NONE
Exhibits to this resolution are available at the Office of the City Clerk, please e-mail cityclerk@sanjuancapistrano.org [cityclerk@sanjuancapistrano.org].Saddleback Valley NewsPublished: 5/7/26
