HomeMy WebLinkAboutCC RES 24-36DocuSign Envelope ID: 23DDF1C7-E4EF-4D43-92E8-855663C2B262
RESOLUTION NO. 24-36
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, DECLARING CERTAIN REAL PROPERTY COMPRISED OF
ASSESSOR'S PARCEL NUMBER 434-021-30 AS SURPLUS LAND PURSUANT
TO CALIFORNIA GOVERNMENT CODE SECTION 54221
WHEREAS, the City of Tustin (City) owns certain real property consisting of
approximately 14.5 acres (Site) comprised of Assessor's Parcel Number (APN) 434-021-
30; and
WHEREAS, the Site is located within the Tustin Legacy Specific Plan boundary;
F.
NO
WHEREAS, on February 9, 2015, the City executed an Exchange Agreement with
The United States of America to exchange property located within the acreage of former
MCAS Tustin owned by the City, with the Site owned by The United States of America;
and
WHEREAS, the City believes the Site (and all areas within the Tustin Legacy
Specific Plan area owned or to be owned by the City) to be assets to be held, used, and
portions sold or leased to enable the City to meet its responsibilities to fund ongoing and
future infrastructure, development and maintenance costs at Tustin Legacy that are borne
by the City as Executive Developer in order to provide housing, employment, public
services and recreation to City residents; and
WHEREAS, the City, acting as Executive Developer for property within the Tustin
Legacy Specific Plan area, carefully plans neighborhoods to account for infrastructure
costs, market conditions, and community benefits prior to initiating a disposition process
for certain parcels; and
WHEREAS, the City has acted in its role to provide market rate and affordable
housing at Tustin Legacy, with 3,856 residential units (ownership and rental) constructed
or under construction to date, 688 of which are deed restricted for various levels of
affordability; and
WHEREAS, the Site is located within Planning Area 18 of the Tustin Legacy
Specific Plan. Planning Area 18 does not currently allow for residential uses and allowed
uses are generally categorized as "Commercial". A Specific Plan amendment would be
a necessary prerequisite for residential development of the parcel, along with any other
applicable required entitlements and infrastructure improvements; and
WHEREAS, existing law established the Surplus Land Act (SLA) for local agencies
to follow when disposing of surplus properties no longer needed for government use; and
Resolution 24-36
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WHEREAS, prior to January 1, 2020, the City did not consider the Site (and all City
property within the Tustin Legacy Specific Plan area) to be "surplus land" as defined in
the SLA because it considered the development of the Site (and all of Tustin Legacy) to
be a continuing City use of the property; and
WHEREAS, on October 9, 2019, California Governor Gavin Newsom signed
Assembly Bill 1486 (Ting) into law, making substantive amendments to the SLA effective
January 1, 2020; and
WHEREAS, the SLA requires local agencies to declare land as "surplus land" or
"exempt surplus land" prior to disposing of property owned by the local agency; and
WHEREAS, the Site (and all City property within the Tustin Legacy Specific Plan
area) is not "surplus land" in any traditional sense because the funds received from sales
and leases, and the uses to which the property are put after such sale or lease, are
essential to provide funding for the significant cost of infrastructure needed to accomplish
the planned redevelopment of the area; and
WHEREAS, as contemplated by Government Code Sections 54222 and 54227, if
one of the entities/agencies desires to purchase or lease the Site after having received
the Notice of Availability (NOA), it must indicate its interest to do so in writing within sixty
(60) days of receiving the City's NOA, and the City and the entities/agencies so
responding to the notice will negotiate in good faith to determine whether price and terms
for the disposition of the Site can be agreed upon; and
WHEREAS, notwithstanding and subject to the foregoing, the City Council is
hereby declaring the Site to be "surplus land" for purposes of California Government Code
section 54221(b)(1) and will participate in good faith in the process required by the
Surplus Land Act, including but not limited to issuing a written NOA in accordance with
Government Code Section 54222; and
WHEREAS, as contemplated by Government Code Sections 54223 and 54227, in
the event no agreement is reached between the City and any interested entity/agency
after a good faith negotiation period of ninety (90) days, the Site may be disposed of
without further regard to the SLA, except that the City will record a covenant indicating
that if ten (10) or more residential units are ever constructed on the Site, fifteen (15)
percent of the total number of units shall be provided as affordable to lower income
households.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF TUSTIN, THAT:
The foregoing recitals are hereby incorporated and adopted as the findings of
the City Council; and
Resolution 24-36
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2. This action results in no binding commitment by the City to authorize or
advance the disposition of the Site, will not result in a direct or indirect physical
change in the environment, and does not constitute an "approval" of a "project"
pursuant to CEQA Guidelines Sections 15004 and 15352; and
3. Subject to the findings above, the Site comprised of APN 434-021-30 is hereby
declared "surplus land;" and
4. The City Manager or designee is authorized to circulate an NOA and submit
any required documentation to HCD in connection with this Resolution.
PASSED and ADOPTED by the City Council of the City of Tustin at a regular
meeting on 18h day of June, 2024.
DocuSigned by:
AU NoLE WBARD,
Mayor
ATTEST:
DS
DocuSigned by:
fyi(&
a.Su
ER CAcWYMU DA,
City Clerk
APPROVED AS TO FORM:
DAVID E. KENDIG,
City Attorney
Resolution 24-36
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STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF TUSTIN
I, Erica N. Yasuda, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, do hereby certify that the whole number of the members of the City Council of the
City of Tustin is five; that the above and foregoing Resolution No. 24-36 was duly passed
and adopted at a regular meeting of the Tustin City Council, held on the 18t" day of June,
2024 by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
COUNCILMEMBER RECUSED:
Ff
DocuSigned by:DS
Z qxStJA
ER °W ASUDA,
City Clerk
Lumbard, Gallagher, Clark, Gomez, Schnell (5)
(0)
(0)
Resolution 24-36
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