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June 14, 2022
ITEM TITLE
Declaration of Surplus Land: Declare a City-Owned Parcel of Vacant, Undeveloped Property as Surplus Land Pursuant to the Surplus Land Act
Report Number: 22-0160
Location: Approximately 7,200 square feet of undeveloped, vacant property consisting of a 15-foot-wide strip at the northern edge of the City-owned 54-acre west landfill site Department: Economic Development
Environmental Notice: The Project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act State Guidelines Section 15312 Class 12 (Surplus Government Property Sales) and Section 15061(b)(3).
Recommended Action
Adopt a resolution declaring an approximately 7,200 square foot parcel of vacant, undeveloped property at the northern edge of the City-owed 54-acre west landfill site as vacant land under the Surplus Land Act.
SUMMARY
The City owns real property consisting of approximately 54 acres west of the active landfill site. The land is undeveloped and vacant and serves no current City or municipal use. Directly north of the site is the Sunbow site consisting of 136 acres of property proposed to be developed by Lennar Corporation as a residential subdivision. The property that is the subject of this action is an approximately 7,200 square foot portion of the overall 54 acres, consisting of a 15-foot-wide strip measuring 480 feet in length. Lennar Corporation has indicated an interest in potentially acquiring this portion of the property for the purposes of constructing and maintaining a buttress that would support the adjacent slope upon which the residential subdivision will be located.
On October 9, 2019, Governor Newsom signed Asse mbly Bill (“AB”) 1486 , which, among other things, contained the following amendments to the Surplus Land Act: changed the definition of “surplus land” and provided that land shall be declared either “surplus land” or “exempt surplus land” before a local agency may take any action to sell or lease land. AB 1486 further added provisions prohibiting the City from negotiating P a g e | 2
any disposition of the property prior to compliance with the procedural requirements of the Surplus Land Act.
In order to pursue any potential disposal of the approximately 7,200 square foot property, the City must now comply with the Surplus Land Act as amended by AB 1486.
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Categorical Exemption pursuant to State CEQA Guidelines Section 15312 Class 12 (Surplus Government Property Sales) and Section 15061(b)(3) because it can be s een with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Thus, no further environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
N/A
DISCUSSION
The City of Chula Vista was dedicated a 54 -acre parcel located in the County of San Diego , a total site of approximately 2,352,240 square feet, west of the active landfill site. The land is undeveloped and vacant and serves no current City or municipal use. Directly north of the site is the Sunbow site consisting of 136 acres of property proposed to be developed by Lennar Corporation as a residential subdivision. The subject of this staff report is an approximately 7,200 square foot portion of the overall 54 acres, consis ting of a 15 -foot- wide strip measuring 480 feet in length. Lennar Corporation has indicated a desire to acquire this portion of City’s property for the purposes of constructing and maintaining a buttress that would support the adjacent slope upon which the residential subdivision will be located. City staff has determined that any potential disposition of this property would not materially affect any future City or municipal use of the 54-acre parcel.
As previously indicated, the amended Surplus Land Act, requires that agencies first declare land "surplus land" or "exempt surplus land" before the agency can negotiate any disposition of the land, either for sale or for lease. The Surplus Land Act then provides that, prior to disposing of “surplus land” , local agencies shall first offer such “surplus land” to various entities, including housing sponsors and other public agencies for the development of affordable housing and parks and open space.
Pursuant to the amended Surplus Land Act, City staff must send a written notice of availability of the subject property by electronic mail or by certified mail to the all of the entities identified in Government Code section 54222, which include local public entities and housing sponsors that have notified the California Department of Housing and Community Development of their interest in surplus land for the purpose of developing low- income and moderate-income housing, to the County of San Diego, any regional park authority and the State Resources Agency for open-space purposes; and to the local school district for school facilities or use.
If one of the entities/agencies receiving the notice of availability desires to purchase or lease the subject property, it must notify the City of its interest to do so in writing within 60 days of receiving the City’s notice, and the City and the entity/agency so responding may negotiate price and terms for the disposition of the subject property. If the City receives multiple notices of interest, the Surplus Land Act establishes priorities, with first priority given to entities that agree to use the property for affordable housing.
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Finally, in the event no agreement is reached between the City and any interested entity/agency after a good faith negotiation period of 90 days, th e subject property may be disposed of without further regard to the Surplus Land Act.
DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the City Counci l members and has found no property holdings within 1,000 feet of the boundaries of the property which is the subject of this action. Consequently, this item does not present a disqualifying real property -related financial conflict of interest under Califor nia Code of Regulations Title 2, section 18702.2(a)(7) or (8), for purposes of the Political Reform Act (Cal. Gov’t Code §87100, et seq.).
Staff is not independently aware and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
There is no current fiscal impact resulting from this action.
ONGOING FISCAL IMPACT
There will be no ongoing fiscal impact as a result of this action.
ATTACHMENTS
1. Legal Description
2. Plat
Staff Contact: Eric Crockett, Deputy City Manager
Kevin Pointer, Senior Economic Development Specialist