Joint Special Council/BFPD
03/4/24 06:00 PM
City Manager Department
Kody Tompkins
Determinations of Use
Doc ID: 5581
COUNCIL AGENDA ITEM
AGENDA MATTER:
SURPLUS LAND ACT DESIGNATION: APNS: 0182-011-14-0000, 0182-011-15-0000, 0182-011-16- 0000, 0182-011-17-0000, 0182-011-12-0000, 0181-063-26-0000, 0181-063-27-0000, 0182-012-09-0000, 0182-012-08-0000, 0182-011-18-0000, 0182-012-24-0000, 0182-012-37-0000, 0182-093-06-0000, 0181- 063-25-0000, 0182-012-10-0000, 0182-012-52-0000, 0181-072-26-0000, , 0182-012-39-0000, 0182-012- 23-0000, 0182-011-26-0000, 0426-041-05-0000, 0182-011-27-0000, 0182-012-44-0000, 0182-011-23- 0000, 0426-061-06-0000, 0182-012-02-0000, 0182-012-01-0000, 0182-012-43-0000, 0424-132-67-0000, 0182-011-21-0000, 0181-011-07-0000, 0181-011-17-0000, 0182-011-19-0000, 0181-011-04-0000, 0181- 011-18-0000, 0182-011-10-0000, 0182-011-11-0000, 0182-011-24-0000, 0182-011-25-0000, 0182-012- 36-0000, 0182-011-07-0000, 0182-011-22-0000
EXECUTIVE SUMMARY:
The City of Barstow owns forty-two properties that it has deemed are no longer necessary for the City’s use. The Surplus Land Act requires the City to declare at a regular public meeting that such land is not necessary for the City’s use. City staff put together this report to discuss these parcels.
DISCUSSION:
To initiate discussions with potential buyers regarding the sale of specific properties, the City is required to designate these properties as surplus to its needs. The Surplus Land Act (SLA) mandates a formal process, recently amended by Senate Bill (SB) 747 (Caballero) and Assembly Bill (AB) 480 (Ting), for the declaration and disposition of surplus land, along with associated guidelines issued by the California Department of Housing and Community Development (HCD).
The SLA establishes obligations for a local agency that is selling or leasing its land. A local agency must declare land as either "surplus" or "exempt surplus" before selling or leasing its land. When land is deemed "surplus," the agency must notify specific entities, such as affordable housing developers, and negotiate in good faith for a minimum of ninety (90) days with interested specified entities before considering a lease or sale to another party. In the case of "exempt surplus" land, along with making written findings that the surplus land is “exempt,” local agencies must allow thirty (30) days for HCD to review the determination before a lease or sale can occur.
Senate Bill 747 and Assembly Bill 480 modified the SLA, effective January 1, 2024, including by the introduction of several new categories of exempt surplus land, such as small parcels.
Specifically for the purposes of the subject parcels, SB 747 and AB 480, expanded the Small Parcel Exemption to apply to land less than one half (1/2) acre in area and not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. (Gov. Code, § 54221 subd. (f)(1)(B)). This represents a substantial increase from the previous limit of five thousand (5,000) square feet (prior Gov. Code, § 54221 subd. (E)(1)(B)).
The properties in question are below. All of the properties qualify for the Small Parcel Exemption, as each are less than one half (1/2) acre in area and not contiguous to land owned by a state or local agency usedfor open-space or low- and moderate-income housing purposes.
Joint Special Council/BFPD
03/4/24 06:00 PM
City Manager Department
Kody Tompkins
Determinations of Use
Doc ID: 5581
COUNCIL AGENDA ITEM
If the City Council adopts a resolution declaring the subject properties exempt surplus land, then it must submit the resolution to HCD. If the City receives no comment from HCD within 30 days, it may freely sell or lease the properties. (Gov. Code, § 54222.3).
1. 0182-011-14-0000
The subject site is a 0.03 acre zoned Industrial located off Pierce Avenue in the City of Barstow. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderateincome housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.
2. 0182-011-15-0000
The subject site is a 0.03 acre zoned Industrial located off Pierce Avenue in the City of Barstow. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderateincome housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.
3. 0182-011-16-0000
The subject site is a 0.03 acre zoned Industrial located off Pierce Avenue in the City of Barstow. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderateincome housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.
4. 0182-011-17-0000
The subject site is a 0.03 acre zoned Industrial located off Pierce Avenue in the City of Barstow. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderateincome housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.
5. 0182-011-12-0000
The subject site is a 0.04 acre zoned Industrial located off Pierce Avenue in the City of Barstow and may be accessed by the street. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.
6. 0181-063-26-0000
The subject site is a 0.05 acre zoned General Commercial located off 113 West Main Street in the City of Barstow and may be accessed by the street. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.
7. 0181-063-27-0000
The subject site is a 0.05 acre zoned General Commercial located off 117 West Main Street in the City of Barstow and may be accessed by the street. The site is not contiguous to land owned by a state or local Joint Special Council/BFPD
03/4/24 06:00 PM
City Manager Department
Kody Tompkins
Determinations of Use
Doc ID: 5581
COUNCIL AGENDA ITEM
agency used for open-space or low- and moderate-income housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.
8. 0182-012-09-0000
The subject site is a 0.07 acre zoned Industrial located off 228 Pierce Avenue in the City of Barstow and may be accessed by the street. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.
9. 0182-012-08-0000
The subject site is a 0.08 acre zoned Industrial located off 228 Pierce Avenue in the City of Barstow and may be accessed by the street. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.
10. 0182-011-18-0000
The subject site is a 0.01 acre zoned Industrial located off Pierce Avenue in the City of Barstow. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderateincome housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.
11. 0182-012-24-0000
The subject site is a 0.11 acre zoned Industrial located off Pierce Avenue in the City of Barstow and may be accessed by the street. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.
12. 0182-012-37-0000
The subject site is a 0.11 acre zoned Industrial located off Pierce Avenue in the City of Barstow and may be accessed by the street. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.
13. 0182-093-06-0000
The subject site is a 0.11 acre zoned Public Facility located off 1000 Nacy Street in the City of Barstow and may be accessed by the street. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.
14. 0181-063-25-0000
The subject site is a 0.12 acre zoned General Commercial located off 109 Main Street in the City ofBarstow and may be accessed by the street. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The site is currently owned Joint Special Council/BFPD
03/4/24 06:00 PM
City Manager Department
Kody Tompkins
Determinations of Use
Doc ID: 5581
COUNCIL AGENDA ITEM
by the City of Barstow. The City intends to market the vacant land for its highest and best use.
15. 0182-012-10-0000
The subject site is a 0.12 acre zoned Industrial located off 106 Willow Drive in the City of Barstow and may be accessed by the street. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.
16. 0182-012-52-0000
The subject site is a 0.12 acre zoned Industrial located off 111 Willow Drive in the City of Barstow and may be accessed by the street. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.
17. 0181-072-26-0000
The subject site is a 0.13 acre zoned General Commercial located off 101 East Main Street in the City of Barstow and may be accessed by the street. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.
18. 0182-012-39-0000
The subject site is a 0.14 acre zoned Industrial located off 234 Pierce Avenue in the City of Barstow and may be accessed by the street. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.
19. 0182-012-23-0000
The subject site is a 0.16 acre zoned Industrial located off 204 Pierce Avenue in the City of Barstow and may be accessed by the street. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.
20. 0182-011-26-0000
The subject site is a 0.17 acre zoned Industrial located off 28876 Pierce Avenue in the City of Barstow and may be accessed by the street. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.
21. 0426-041-05-0000
The subject site is a 0.17 acre zoned Diverse Use located off Irwin Road in the City of Barstow and may be accessed by the street. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.
Joint Special Council/BFPD
03/4/24 06:00 PM
City Manager Department
Kody Tompkins
Determinations of Use
Doc ID: 5581
COUNCIL AGENDA ITEM
22. 0182-011-27-0000
The subject site is a 0.19 acre zoned Industrial located off 225 Pierce Avenue in the City of Barstow and may be accessed by the street. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.
23. 0182-012-44-0000
The subject site is a 0.2 acre zoned Industrial located off 216 Pierce Avenue in the City of Barstow and may be accessed by the street. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.
24. 0182-011-23-0000
The subject site is a 0.21 acre zoned Industrial located off Pierce Avenue in the City of Barstow and may be accessed by the street. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.
25. 0426-061-06-0000
The subject site is a 0.23 acre zoned Industrial located off Crooks Avenue in the City of Barstow and may be accessed by the street. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.
26. 0182-012-02-0000
The subject site is a 0.28 acre zoned Industrial located off 276 Pierce Avenue in the City of Barstow. The site is currently owned by the City of Barstow and connected to other Industrial lots that are also currently owned by the City of Barstow. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The City intends to market the vacant land for its highest and best use.
27. 0182-012-01-0000
The subject site is a 0.29 acre zoned Industrial located off 282 Pierce Avenue in the City of Barstow. The site is currently owned by the City of Barstow and connected to other Industrial lots that are also currently owned by the City of Barstow. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The City intends to market the vacant land for its highest and best use.
28. 0182-012-43-0000
The subject site is a 0.29 acre zoned Industrial located off 222 Pierce Avenue in the City of Barstow and may be accessed by the street. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.
Joint Special Council/BFPD
03/4/24 06:00 PM
City Manager Department
Kody Tompkins
Determinations of Use
Doc ID: 5581
COUNCIL AGENDA ITEM
29. 0424-132-67-0000
The subject site is a 0.3 acre zoned Estate Residential located off Montara Road in the City of Barstow.
The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.
30. 0182-011-21-0000
The subject site is a 0.31 acre zoned Industrial located off 215 Pierce Avenue in the City of Barstow and may be accessed by the street. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.
31. 0181-011-07-0000
The subject site is a 0.34 acre zoned Industrial located off Crooks Ave in the City of Barstow and may be accessed by the street. The site is not contiguous to land owned by a state or local agency used for openspace or low- and moderate-income housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.
32. 0181-011-17-0000
The subject site is a 0.34 acre zoned Industrial located off 157 Crooks Avenue in the City of Barstow and may be accessed by the street. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.
33. 0182-011-19-0000
The subject site is a 0.34 acre zoned Industrial located off 235 Pierce Avenue in the City of Barstow and may be accessed by the street. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.
34. 0181-011-04-0000
The subject site is a 0.35 acre zoned Industrial located on the corner of Crooks Ave and Pierce Ave in the City of Barstow and may be accessed by the street. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.
35. 0181-011-18-0000
The subject site is a 0.35 acre zoned Industrial located off 153 Crooks Avenue in the City of Barstow and may be accessed by the street. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.
Joint Special Council/BFPD
03/4/24 06:00 PM
City Manager Department
Kody Tompkins
Determinations of Use
Doc ID: 5581
COUNCIL AGENDA ITEM
36. 0182-011-10-0000
The subject site is a 0.35 acre zoned Industrial located off Pierce Avenue in the City of Barstow and may be accessed by the street. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.
37. 0182-011-11-0000
The subject site is a 0.35 acre zoned Industrial located off Pierce Avenue in the City of Barstow and may be accessed by the street. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.
38. 0182-011-24-0000
The subject site is a 0.35 acre zoned Industrial located off 265 Pierce Avenue in the City of Barstow and may be accessed by the street. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.
39. 0182-011-25-0000
The subject site is a 0.35 acre zoned Industrial located off 273 Pierce Avenue in the City of Barstow and may be accessed by the street. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.
40. 0182-012-36-0000
The subject site is a 0.43 acre zoned Industrial located off 270 Pierce Avenue in the City of Barstow and may be accessed by the street. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.
41. 0182-011-07-0000
The subject site is a 0.46 acre zoned Industrial located off Pierce Avenue in the City of Barstow and may be accessed by the street. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.
42. 0182-011-22-0000
The subject site is a 0.48 acre zoned Industrial located off 205 Pierce Avenue in the City of Barstow and may be accessed by the street. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.
ENVIRONMENTAL IMPACT:
Joint Special Council/BFPD
03/4/24 06:00 PM
City Manager Department
Kody Tompkins
Determinations of Use
Doc ID: 5581
COUNCIL AGENDA ITEM
The proposed action will not cause a direct physical change in the environment, and therefore, does not constitute the approval of a project under the California Environmental Quality Act (CEQA), and is exempt from CEQA. The City has determined that the designation of these properties as surplus does not have the potential for creating a significant effect on the environment and is therefore exempt from further review under CEQA pursuant to State CEQA Guidelines Section 15060(c)(3) because it is not a project as defined by the CEQA Guidelines Section 15378. Adoption of the Resolution does not have the potential for resulting in either a direct physical
FISCAL IMPACT:
There are no anticipated fiscal impacts to declaring these properties surplus as they are not the source of substantial revenue for the City and all are vacant.
RECOMMENDED ACTION:
Staff recommends that the City Council declare the listed properties exempt surplus under the Small Parcels Exemption (Gov. Code, § 54221 subd. (f)(1)(B)) and direct the City Manager to send a written notification of the City’s declaration and findings to HCD and conduct all other required activities to declare the land exempt surplus.