RESOLUTION NO. 24-31
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE TERM SHEET WITH SALTY TURF, LLC, FOR THE CITY MANAGER TO FINALIZE NEGOTIATIONS AND EXECUTE A LEASE AGREEMENT FOR THE DEVELOPMENT AND OPERATION OF A MINIATURE GOLF AND ANCILLARY CONCESSION FACILITY ON APPROXIMATELY 1.2 ACRES WITHIN THE VISTA HERMOSA SPORTS PARK COMPLEX, AND FINDING THAT THE MINIATURE GOLF PROJECT IS CATEGORICALLY EXEMPT FROM (14 CCR 15301 and 15303) AND/OR THAT NO SUPPLEMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT IS NECESSARY (14 CCR 15162 AND 15164) WHEREAS, the City owns the parcel located at 987 Avenida Vista Hermosa, San Clemente, CA 92673, known as the Vista Hermosa Sports Park (Park); and WHEREAS, on November 19, 2009, the City Council adopted Resolution 09-72 thereby amending the Park Master Plan for the Vista Hermosa Sports Park to allow for a lease area within the complex with a private concessionaire to establish a miniature golf facility at the Park. The approval was authorized with the requirement of establishing a Conditional Use Permit associated with any development of the area with all other applicable entitlements being acquired concurrently; and WHEREAS, the City envisions this land as an ideal location for City use as a multi-generational recreation activity that can complement the existing activities within the Park and perpetuate the future uncompleted phases of park development; and WHEREAS, on December 19, 2022, the City issued a competitive Request for Proposals to solicit offers for the development of this land and received one qualified proposal from Salty Turf LLC (Developer) to provide for a 36-hole mini golf facility open to all ages; and WHEREAS, at its May 2, 2023 meeting, the City Council authorized the City Manager to begin negotiations with Salty Turf, LLC for the development of a 36-hole miniature golf course open to the public; and WHEREAS, at its October 17, 2023 meeting, the City Council approved a Term Sheet with Salty Turf for the development of a miniature golf facility with concessions at the Vista Hermosa Sports Park; and WHEREAS, on December 21, 2023, the City prepared and filed with/posted by the County Clerk a Notice of Exemption finding the project categorically exempt from the California Environmental Quality Act (CEQA) under Section 15301 (Existing Facilities) and Section 15303 (New Construction) of the state CEQA Guidelines; and WHEREAS, Salty Turf has requested an amendment to the Term Sheet; and WHEREAS, entering into a Lease Agreement for the development of a 36-hole miniature golf course open to the public is consistent with the Park Master Plan for the Vista Hermosa Sports Park, as amended, and is a City recreational use of the property; and WHEREAS, the project will contribute positively to the community by providing additional recreational opportunities for residents and visitors, fostering social interaction, and promoting healthy activities. Furthermore, the development will incorporate sustainable design practices to minimize its footprint, including efficient water and energy use, preservation of existing vegetation, and responsible waste management.
NOW, THEREFORE, the City Council of the City of San Clemente does hereby find, determine and resolve as follows:
Section 1. That the above recitations are true and correct and incorporated fully herein as findings.
Section 2. That based on a review of the record as a whole, which is on file with the City’s Beaches, Parks and Recreation Director at 100 N Calle Seville, San Clemente, CA 92672, and in accordance with the CEQA Guidelines, which are located in Title 14 of the California Code of Regulations, Sections 15000-15387, the proposed development of a miniature golf facility within the Vista Hermosa Sports Park complex has been determined to be categorically exempt under CEQA Guidelines Section 15301 (Existing Facilities) and Section 15303 (New Construction). The leasing, construction and operation of the miniature golf facility align both with the long planned and existing use of the lot for public recreation activities and will not substantially alter its intended purpose.
Additionally, even if the project were not categorically exempt from CEQA, no supplemental environmental review is required because the City already analyzed the potential environmental impacts associated with and imposed mitigation measures to reduce all such impacts to levels of insignificance when the City prepared and adopted a Mitigated Negative Declaration (“MND”) in conjunction with its adoption of the La Pata/Vista Hermosa Park Master Plan in 2006 and amendment of that Park Master Plan in 2009 to, inter alia, specifically add the lease area to be utilized by the miniature golf facility project. Pursuant to CEQA Guidelines Sections 15162 and 15164, no supplemental MND is required because the proposed miniature golf facility project does not entail any changes to that 2009 amended Park Master Plan nor involve any other changed circumstances or new information disclosing any new or more severe impacts that were not already identified and mitigated by the original MND.
Pursuant to the staff reports prepared for both the October 13, 2009 Parks & Recreation Commission and November 17, 2009 City Council meetings associated with the adoption of the amended Park Master Plan, one of the purposes of amending the Park Master Plan to create a lease area was to facilitate efforts to “work[] with a private concessionaire to establish a small miniature golf facility at the park.” Accordingly, finalizing a term sheet and lease for such a miniature golf facility at the Park does not amount to a change in the Master Park Plan, but rather, simply secures the exact type of public recreational facility and use that was envisioned for the lease area of the Park back in 2009. Because the City is not aware of any other relevant changed circumstances or new information bearing on potential new or more severe impacts, consistent with CEQA Guidelines Sections 15162 and 15164, no further environmental review is required.
Section 3. That the City Manager is authorized and directed to execute an amendment to the Term Sheet to reflect the following:
Rent shall be the greater of Eight Thousand and Five Hundred Dollars ($8,500) per month (“Minimum Rent”) or Five Percent (5%) of Gross Sales (“Base Rent”). The percentage of Gross Sales will be subject to an increase in Year 5, and every five (5) years thereafter, based on changes in the Consumer Price Index (CPI). The Base Rent of the percentage of Gross Sales will be capped at $25,000 per month.
Section 4. That the City Manager is further authorized and directed to complete negotiations with Salty Turf and is hereby authorized to execute a Lease Agreement with Salty Turf in a form approved by the City Attorney and consistent with the Term Sheet, as amended, and to take such other and further action as is necessary and proper to accomplish the purpose of this resolution.
Section 5. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED AND ADOPTED this _____ day of ____________________, 2024.
ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §
CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 24-31 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of _______________________, _________, by the following vote:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
___________________________
Elizabeth A. Mitchell, City Attorney
Resolution No. 24-31 Page 2
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