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HomeMy WebLinkAboutCC RES 25-02Docusign Envelope ID: 12D90EE8-89E9-4FBC-BC1E-OC15ACE15502 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: 12D90EE8-89E9-4FBC-BC1E-OC15ACE15502 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. - FSigned by: 11�—d-1&11 AU by TH N,,LFUMBARD, Mayor Resolution 25-02 Page 2 of 3 Docusign Envelope ID: 12D90EE8-89E9-4FBC-BC1E-OC15ACE15502 ATTEST: DS Signed by: 15ic& aak ER Dr60&1DA, City Clerk APPROVED AS TO FORM: —DocuSigned by `7-Kt- DAV+D,EF31K,1END I G, 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. 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: Lumbard, Nielsen, Gallagher, Schnell, Fink (5) COUNCILMEMBER NOES: (0) COUNCILMEMBER ABSTAINED: (0) COUNCILMEMBER ABSENT: (0) COUNCILMEMBER RECUSED: (0) Signed by: F6DS `LVt, aSu�a E R AD'i104YIASFU DA, City Clerk Resolution 25-02 Page 3 of 3