HomeMy WebLinkAboutCC RES 24-70Docusign Envelope ID: 5F38FOE1-4AOF-49DF-9DE3-B9499216A8AE
RESOLUTION NO. 24-70
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
DECLARING CERTAIN REAL PROPERTY COMPRISED OF ASSESSOR'S
PARCEL NUMBER 401-583-01 AS SURPLUS LAND PURSUANT TO CALIFORNIA
GOVERNMENT CODE SECTION 54221
WHEREAS, the City of Tustin (City) owns certain real property consisting of
approximately 0.4 acres comprised of Assessor's Parcel Number (APN) 401-583-01 (the
"Site"); and
WHEREAS, the Site is located within the Downtown Commercial Core Specific
Plan boundary; and
WHEREAS, the Site was donated to the City by Tustin War Memorial Inc. on June
7, 2018, via a quitclaim deed; and
WHEREAS, the Site is located within Development Area 2 of the Downtown
Commercial Core Specific Plan (DCCSP). DCCSP Development Area 2 allows for mixed
use residential uses and is generally categorized as "Downtown Mixed Use." DCCSP
Development Area 2 currently allows a limited amount of residential units; and
WHEREAS, the California Legislature established the Surplus Land Act (SLA) for
local agencies to follow when disposing of surplus properties no longer needed for
government use; 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 amended 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 City will send a written Notice of Availability (NOA) for the Site to
all of the entities required by Government Code section 54222; and
WHEREAS, as contemplated by Government Code Sections 54222 and 54227, if
an entity or agency desires to purchase or lease the Site after having received the 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
Resolution No. 24-70
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WHEREAS, 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
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 401-583-01 is hereby
declared "surplus land;" and
4. The City Manager or designee is authorized and directed to circulate an NOA
and submit any required documentation to HCD in connection with this
Resolution, and to take such other actions as are required or appropriate to
implement such direction.
PASSED and ADOPTED by the City Council of the City of Tustin at a regular
meeting on the 1 st day of October, 2024.
Signed by:
AU I4q-ELVBARD,
Mayor
ATTEST:
DS
FSigned dby:
ffV'i(& yASVJA
ERtCADN.'41 ASU DA,
City Clerk
Resolution No. 24-70
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APPROVED AS TO FORM:
Signed by:
€�!2ce
DAVID E. KENDIG,
City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
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. 24-70 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 1st day
of October, 2024 by the following vote:
COUNCILMEMBER AYES: Lumbard, Gallagher, Clark, Gomez (4)
COUNCILMEMBER NOES: (0)
COUNCILMEMBER ABSTAINED: (0)
COUNCILMEMBER ABSENT: Schnell (1)
COUNCILMEMBER RECUSED: (0)
Signed by: r6DS
fVi(&
A Su
ERDI`+0# SPJ DA,
City Clerk
Resolution No. 24-70
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