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Home My WebLink About06 RESOLUTION DECLARING ASSESSOR'S PARCEL NUMBER 401-583-01 AS EXEMPT SURPLUS LANDDocusign Envelope ID: DOB94D56-5F89-4420-A351-755B72C60AE7 MEETING DATE TO: FROM: SUBJECT: SUMMARY: Agenda Item 6 AGENDA REPORT Reviewed: Initial City Manager a`LS Finance Director N/A JAN UARY 21, 2025 ALDO E. SCHINDLER, CITY MANAGER BRIAN MONCRIEF, DEPUTY CITY MANAGER — REAL PROPERTY RESOLUTION DECLARING ASSESSOR'S PARCEL NUMBER 401- 583-01 AS EXEMPT SURPLUS LAND Resolution 25-02 will declare Assessor's Parcel Number 401-583-01 as exempt surplus land pursuant to California Government Code Section 54221(f)(1)(B) and the Final Updated Surplus Land Act Guidelines Section 103(c)(3). RECOMMENDATION: It is recommended that the City Council take the following actions: 1. Adopt Resolution 25-02: 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 EXEMPT SURPLUS LAND PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 54221(f)(1)(B) AND THE FINAL UPDATED SURPLUS LAND ACT GUIDELINES SECTION 103(c)(3). 2. Authorize the City Manager to submit the appropriate documentation to the California Department of Housing and Community Development in connection with the Resolution. FISCAL IMPACT: There is no fiscal impact associated with this report. CORRELATION TO THE STRATEGIC PLAN: The declaration of exempt surplus land for Assessor's Parcel Number 401-583-01 contributes to the fulfillment of the City's Strategic Plan Goal A: Economic and Neighborhood Development. Specifically, this item implements Strategy 14 which is to develop a strategic plan for Tustin's development which focuses on in -fill development in the Downtown Commercial Core and Red Hill Specific Plan areas. Docusign Envelope ID: DOB94D56-5F89-4420-A351-755B72C60AE7 City Council Agenda Report Exempt Surplus Land Declaration January 21, 2025 Page 2 BACKGROUND AND DISCUSSION: The Surplus Land Act (SLA) defines the process for local agencies to follow when disposing of surplus parcels of land owned in fee that are no longer needed for the City's use. The SLA sets general timelines for posting notification of available surplus property, defines the process for negotiating with an affordable housing developer in the event one expresses interest, and the process for disposition absent any notification of interest or in the event negotiations do not result in a sale to a qualifying affordable housing developer. Assembly Bill 1486 (Ting, 2019) significantly amended the terms of the SLA, as well as added substantial penalties for noncompliance. The California Housing and Community Development (HCD) Surplus Land Act Guidelines (HCD Guidelines) for compliance with the SLA were published in April 2021. Assembly Bill 480 (Ting, 2023) and Senate Bill 747 (Caballero, 2023) clarified elements of the SLA and provided new or consolidated exemption options for surplus land. HCD has also issued Final Updated Surplus Land Act Guidelines (Final Updated SLA Guidelines) to reflect new legislation, which were adopted on August 1, 2024. Government Code Section 54221(f)(1)(B) allows for an exemption from the SLA for land that is less than one-half acre in area and is not contiguous to land owned by a state or local agency that is used for open -space of low -and moderate -income housing purposes. On October 1, 2024, the City Council adopted Resolution 24-70 declaring Assessor's Parcel Number (APN) 401-583-01 as surplus property. After reviewing the new exemption options that went into effect in 2024, APN 401-583-01 qualifies for the less than one-half acre exemption as it is 0.4 acres in size and not contiguous to land owned by a state or local agency that is used for open -space of low -and moderate -income housing purposes. It is recommended that the City Council adopt Resolution 25-02 to replace and supersede Resolution 24-70. By declaring APN 401-583-01 as exempt surplus property, there are no additional processes or affordability covenants required once approved by HCD. Resolution 25-02 states the findings and declares the subject APN as exempt surplus land pursuant to Government Code 54221(f)(1)(B) and the Final Updated SLA Guidelines Section 103(c)(3). 134an-Wncrief Deputy City Manager — Real Property Attachments: 1. Parcel Map 401-58 2. Resolution 25-02 Kenneth Piguee Real Property Manager Docusign Envelope ID: DOB94D56-5F89-4420-A351-755B72C60AE7 'REPAREO FOR ORANGE iR DEPT. PURPOSES ONLY. WES NO GUARANTEE AS TO IOR ASSUMES ANY LIABILITY 1. NOT TO BE REPRODUCED. ERVED. 'ANGE COUNTY ASSESSOR 2007 I ALLEY 283'' TUSTIN CABAND. ST.) STREET 155' TRACT T_—T_ T +oo' r r r r 218' r__I—_ 1 O 1 J I l TUSTINI PAR. 11 I I - W - I O I I s l F.M. 23-31 I O 33' 50' I 50' 50' i 35' 15'1 50' 214 6 218' 8 110 1 112 65' 55' f 3 '33 5 7 9 11 33' 50' 50' 50'4 BLK. 42 - I I I sa4' s, 108.50' S4' 46" 50" 55' 1D0' a PROSPECT 50' I 50' I 59 BLK. A 581 0 2.86 AC. n 50' 100" 1 1183- 66' BLK91 .1 ao• 1 so, so- I ,o. 21 4 16 8 10 112 14 16 18 0 1 3 133' 5 7 uz.sa' 15 50' 17 i19 ' I so' I So, P. m. PAR. i 13 00" n N I 15 I - 14 0 ,7 �0 1 0.516 AC. 9 1 1 315-11 R. 1104-26 tiQ I 1 CI TY 108.50" 50" 152.51, 100' 50' EL CAMINO 1981 TUSTIN CITY L.A. 1-128 TRACT NO. 3 M. M. 9-4 TRACT NO. 555 M. M. 26-15 TRACT NO. 16481 M.M.879-36 to 38 inc. PARCEL MAP P.M. 23-31, 315-11 401-58 I PAGE 1 OF 2 7' = 100' J 60' 150' 150' F IABAND. ST. 1 STREET 6 6' — — — — — — — — — — B 0 " TUS TIN 6 12 W m 0a640 BLK. 46 f.oOG. — In 150" 4 10 582---- 95' 95' O_3 9 „0.158 —O o — — — — -- 2 8 CI TY NO. 555 -- ----------- „1 7 55' � 95' I50' A VENUE o N cfl 100" 50' - 10' TRA�T O lO 4 Q 25 584 I 718125• I' 9 �25' 10 if 12 1 2 3 4 5 6 BLK. A 11 50' 9 1 " 9O $O O ., O - 50' 66' TRACT NO.16481j SEE PG. _1__r—J^ Z 40' I 40' ID ST. , REAL — J 57 NOTE — ASSESSOR'S BLOCK & ASSESSOR'S MAP PARCEL NUMBERS BOOK 401 PAGE 58 SHOWN IN CIRCLES COUNTY OF ORANGE 33" 33' Docusign Envelope ID: DOB94D56-5F89-4420-A351-755B72C60AE7 RESOLUTION NO. 25-02 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 EXEMPT SURPLUS LAND PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 54221(f)(1)(B) AND THE FINAL UPDATED SURPLUS LAND ACT GUIDELINES SECTION 103(c)(3) 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 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, in April 2021, Surplus Land Act Guidelines were published by the California Housing and Community Development Department (HCD) with additional SLA guidance; and WHEREAS, on October 11, 2023, California Governor Gavin Newsom signed Assembly Bill 480 (Ting) and Senate Bill 747 (Caballero) into law, which clarified elements of the SLA and provided additional exemption options; and WHEREAS, on August 1, 2024, the Final Updated Surplus Land Act Guidelines were released by HCD with revisions based on implementation and recent legislation; 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 satisfies all of the exemption requirements specified by Section 54221(f)(1)(B) of the Government Code and Section 103(c)(3) of the Final Updated Surplus Land Act Guidelines as follows: Resolution 25-02 Page 1 of 3 Docusign Envelope ID: DOB94D56-5F89-4420-A351-755B72C60AE7 a) The Site is less than one-half acre in size; and b) The Site 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. WHEREAS, the City Council adopted Resolution 24-70 on October 1, 2024, that declared the Site as "surplus land." This Resolution 25-02 replaces and supersedes Resolution 24-70 that was adopted on October 1, 2024, to declare the site as "exempt surplus land." NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TUSTIN, THAT: 1. 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 "exempt surplus land" pursuant to Section 54221(f)(1)(B) of the Government Code and Section 103(c)(3) of the Final Updated Surplus Land Act Guidelines; and 4. The City Manager or their designee is hereby directed to provide a copy of this Resolution and any other documentation necessary to HCD at least thirty (30) days prior to the disposition of the Site pursuant to the Final Updated Surplus Land Act Guidelines Section 400(e); and 5. This Resolution 25-02 replaces and supersedes Resolution 24-70 that was adopted on October 1, 2024. PASSED and ADOPTED by the City Council of the City of Tustin at a regular meeting on the 21 st day of January, 2025. AUSTIN LUMBARD, Mayor Resolution 25-02 Page 2 of 3 Docusign Envelope ID: DOB94D56-5F89-4420-A351-755B72C60AE7 ATTEST: ERICA N. YASUDA, City Clerk APPROVED AS TO FORM: DocuSigned by: DA 8EF3XcEIfDIG, City Attorney 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. 25-02 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 21 st day of January, 2025 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: COUNCILMEMBER RECUSED: ERICA N. YASUDA, City Clerk Resolution 25-02 Page 3 of 3