1 STAFF REPORT
DATE: June 27, 2023
TO: Justin Hess, City Manager
FROM: Patrick Prescott, Community Development Department Director VIA: Simone McFarland, Assistant Community Development Director BY: David Conrad, Real Estate and Project Manager
SUBJECT: Adoption of a Resolution Declaring Remnant Parcel Adjacent to 2600 Vanowen Street as Exempt from the Surplus Land Act
RECOMMENDATION
Adopt A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK DECLARING ASSESSOR’S PARCEL NUMBER 2463 -015-902, WHICH IS ADJACENT TO PROSPECTIVE PURCHASER’S PROPERTY AT 2600 VANOWEN STREET, AS
EXEMPT FROM THE SURPLUS LAND ACT AND FINDING THAT THIS ACTIVITY IS
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
BECAUSE IT CAN BE SEEN WITH CERTAINTY THAT THERE IS NO POSSIBILITY
THAT THIS DECLARATION OF EXEMPT SURPLUS PROPERTY MAY HAVE A
SIGNIFICANT EFFECT ON THE ENVIRONMENT PURSUANT TO CEQA GUIDELINES SECTION 15061(B)(3) (Attachment 1).
BACKGROUND
The remnant parcel (APN 2463-015-902) (Property as defined in Attachment 2) is a small, triangular-shaped remnant parcel of land that is adjacent to prospective purchaser’s single-family residence at 2600 Vanowen Street, which is situated at the corner of Vanowen Street and Frederic Street. The homeowner at 2600 Vanowen Street has asked to purchase the Property. This sale request is supported by the fact that the City has no specific use for the Property nor realizes any benefit from its ownership.
Upon the request to purchase the Property, City staff asked other City Departments, who could potentially be affected by the sale of the Property, if there were concerns related to the potential sale. There were no concerns and subsequently a real estate appraisal was obtained to determine the Property’s value.
COMMUNITY
DEVELOPMENT
2 The homeowner at 2600 Vanowen Street has made an offer to purchase the Property but, prior to a sale, the Surplus Land Act (SLA) requires the City to declare the P roperty as surplus in conformity with SLA requirements. Once SLA requirements are satisfied, staff will return to Council for cons ideration of specific deal terms including sales price, closing and escrow fees, and proposed date of close.
Property Description
Assessor’s Parcel Number: 2463-015-902
Location: Southwest corner of Vanowen Street and Frederic
Size: Width 26’±; length 125±; 0.0375 acres or 1,633.5 square feet
DISCUSSION
Surplus Land Act - Declaration of Exemption
To complete the sale, Council is required to follow S LA requirements. The sale of the Property can be declared exempt from the SLA because it meets the exemption criteria as set forth in Government Code section 54221(f)(1)(B) and SLA Guidelines, section 103(b)(3)(B):
“(A) Small Surplus Land Parcels sold to an owner of contiguous land that is: (i) less than 5,000 square feet in area; (ii) less than the minimum legal residential building lot size for the jurisdiction in which the parcel is located, or 5,000 square feet in area, whichever is less; or (iii) has no record access, is less than 10,000 square feet in area, and 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.”
After the declaration of exemption, the City must provide the California Department of Housing and Community Development (HCD) a Notice of Exemption Determination (Notice) stating that the local agency has determined that the Property is exempt from the SLA and shall support such a determination with written findings. The Notice must be in writing and sent to the HCD at least thirty (30) days prior to the Property’s disposition in accordance with HCD’s SLA Guidelines.
This means that HCD’s SLA Guidelines prohibit the Property from being sold until the City provides the Notice to HCD and allows thirty (30) days after receipt for HCD to make any objections. Once the thirty (30) day period is complete, and assuming HCD doesn’t object to the City’s findings, staff will finalize the sales agreement for the Property and return to Council in open session requesting approval of the sales agreement.
ENVIRONMENTAL REVIEW
This declaration of exempt surplus property is exempt from CEQA under the commonsense exemption in CEQA Guidelines Section 15061(b)(3). The future sale of this Property to the neighboring property, if approved by Council, is exempt from CEQA pursuant to CEQA Guidelines Section 15312 - Surplus Government Property Sales since the Property would be declared exempt surplus property pursuant to the Surplus Land 3 Act and is not located in an area of statewide, regional, or areawide concern identified in CEQA Guidelines Section 15206(b)(4).
FISCAL IMPACT
There is no impact to the General Fund by declaring the Property exempt from the SLA pursuant to Government Code section 54 221(f)(1)(B) and SLA Guidelines, section 103(b)(3)(B). However, should HCD not object during the thirty (30) day review period and Council subsequently approve the sale agreement , a budget appropriation will be made to accept funds from the sale. The appropriation amount will be determined after the sale of the property has closed and all related fees have been processed.
CONCLUSION
The homeowner at 2600 Vanowen Street, adjacent to the Property, has requested to purchase the Property from the City . Before the sale of the Property can be approved, Council must declare the Property exempt from SLA requirements. Once the Property is declared exempt and HCD has be en provided written notification of the City’s findings with a corresponding thirty (30) day review period, the City can proceed with a sales agreement for the Property, should Council elect to move forward.
ATTACHMENTS
Attachment 1 – Resolution
Attachment 2 – Property Exhibit