RESOLUTION NO. 24-205
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING THE FIRST AMENDMENT TO A LAND LEASE BY AND BETWEEN CITY AND ROSE SOCAL, LLC, DBA GRATITUDE GARDEN PRESCHOOL, FOR A PORTION OF THE CITY OWNED LAND LOCATED ADJACENT AND TO THE NORTH OF 92 AVENIDA LA PATA (APN 678-164-01) WHEREAS, pursuant to City policy 901-1, the City delegates the authority to engage in negotiations with current and prospective tenants for City-owned property to the City Manager; and WHEREAS, on November 6, 2014, the City Council approved a land lease (Contract C14-49) for the 2,833 square-foot portion of land located to the north of 92 Avenida La Pata for the schools recreational use, in accordance with the Centennial General Plan Policy LU 6.04; and WHEREAS, the subject property, APN 678-164-01, which is adjacent and to the north of 92 Avenida La Pata, remains leased to Rose Socal, LLC, DBA Gratitude Garden Preschool, under the terms of Contract C14-49 until December 31, 2029. The land remains unimproved and is restricted from development due to an easement and underground storm drain; and WHEREAS, the Lessee has expressed interest in amending the existing lease to extend the term by five years and to modify the lease extension options.
WHEREAS, Pursuant to Section 102(i)(2)(B) of the Final Updated Surplus Land Act (SLA) Guidelines, dated August 1, 2024, the leasing of the property as proposed, does not constitute a disposition of public land. Per Section 200 of the SLA Guidelines, land must be declared either “surplus land” or “exempt surplus land” before an agency may take action to dispose of it. However, the land is not surplus, and has not been deemed surplus land by the City, because the subject lot remains restricted from development due to an underground storm drain easement, serves as an active fuel modification zone for the Orange County Fire Authority, and continues to be used for open-space zoned purposes. Furthermore, the leasing of this property for a term longer than 15 years does not constitute a “disposition” of land pursuant to Section 102(i)(2)(B)(i) of the SLA Guidelines, which specifies that only leases that include “development”, are a disposition of land. “Development” is defined in this SLA Section as a process of changing the character of the land and or constructing/placing a building on said land – which will not occur at this site. Therefore, the requirements of the SLA are not applicable to this First Lease Amendment; and WHEREAS, City staff has reviewed the proposed First Amendment to the Land Lease Agreement and finds it to be beneficial to the City, in that the First Amendment provides for continued benefits and purposes for the provision of preschool services in the community, and the monthly rent amounts are consistent with a fair market value of the property based on the uses allowed pursuant to said First Amendment.
NOW THEREFORE, the City Council of the City of San Clemente does hereby find, determine and resolve as follows:
SECTION 1. The above recitals are true and correct and incorporated herein by reference.
SECTION 2. The First Amendment to the Land Lease Agreement, attached as Exhibit A, by and between City and Rose Socal, LLC, is approved.
SECTION 3. The City Manager, or the City Manager's designee, is hereby authorized and directed to approve and execute the First Amendment to the Land Lease Agreement (contract C14-49) with Rose Socal, LLC, DBA Gratitude Garden Preschool, in a form substantially similar to that presented to the City Council on December 10, 2024 and attached as Exhibit A.
SECTION 4. City staff is authorized and directed to take such additional actions and execute such additional documents as may be necessary and proper to accomplish the purposes of this resolution.
SECTION 5. 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 _____________________, ____.
ATTEST:
City Clerk of the City of Mayor of the City of
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. 24-205 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
995292.1
Resolution No. 24-205 Page 2
Attachment 1
Resolution No. 24-205 Page 2