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March 4, 2025
ITEM TITLE
Real Property Exchange: Declare a Portion of City-Owned Property “Exempt Surplus Land” and Approve a Real Property Exchange Agreement and Joint Escrow to Increase Usable Space for the Animal Services Department
Report Number: 25-0053
Location: 110 Beyer Way and 3151 Main Street
Department: Animal Services & City Manager
G.C. § 84308 Regulations Apply: No
Environmental Notice : The Project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act State Guidelines Section 15301 Class 1 (Existing Facilities) and Section 15305 Class 5 (Minor Alterations in Land Use Limitations).
Recommended Action
Adopt resolutions A) Declaring City-owned property “Exempt Surplus Land” under California Government Code Section 54221(f)(1)(B); and B) Approving a real property land exchange agreement and joint escrow with Sunset Equity Partners, LLC.
SUMMARY
The current footprint of th e City’s Animal Services Department limits its capacity to effectively serve the community's animal welfare needs. The proposed net neutral land swap with the adjacent property owner provides increased usable area for the department.
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 1 5301 Class 1 (Existing Facilities) and Section 15305 Class 5 (Minor Alterations in Land Use Limitations), because the proposed project would not result in a significant effect on the environment, create a cumulative impact, damage a scenic highway, or caus e a substantial adverse change in the significance of a historical resource. Thus, no further environmental review is required.
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BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
For many years the City of Chula Vista and the owners of 3151 Main Street have discussed a potential real property exchange that is beneficial to both parties. The proposed exchange involves exchanging a 0.26 acre portion of City -owned land that is currently underutilized with adjacent land that is more suitable for expansion of the Animal S ervices Department. The proposed site for the exchange is assessed to be equivalent in size and value to ensure a net neutral impact on the City’s overall land holdings.
For years the City has consistently been over the maximum number of dogs that the current space can accommodate, requiring more than one dog to be placed in each kennel and an exercise yard to be converted to temporary kennels, reducing the number of exercise yards for dogs to exercise or have interactions with potential adopters. The current overcapacity along with the projected increases in the City’s population, and therefore number of domesticated animals, will necessitate an expansion of the Animals Services buildi ngs and kennels.
The new boundary lines will offer more functional space for the Animal Services Department , allowing for enhanced animal care and boarding , additional kennels, improved public access for adoption s and interactions, and facilitating community programs aimed at promoting responsible pet ownership.
Adoption of this resolution will require the owner of 3151 Main Street to construct a seven-foot masonry wall at the new property line prior, within one year, for the exchange of property to be co mplete. The real property land exchange agreement is contingent upon the expiration of time for the California Department of Housing and Community Development to disapprove of the Exempt Surplus Land declaration (30 days, pursuant to California Government Code Section 54221(f)(P)(iv)).
The City-owned property qualifies as “exempt surplus land” in accordance with California Government Code Section 54221 (f)(1)(B), because it is 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 or low- and moderate-income housing purposes.
DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the City Council 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 p roperty-related financial conflict of interest under California 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 infor med by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter.
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CURRENT-YEAR FISCAL IMPACT
The City shall pay all of the real property transfer taxes and documentary transfer taxes (if any) payable upon recordation of the grant deed conveying title to the Reciprocal Property from SUNSET to the City, and any sales, use or ad valorem taxes connected with the Close of Escrow on the Reciprocal Property . Thees costs are expected to be absorbed with in the fiscal year 2024-25 budget.
ONGOING FISCAL IMPACT
Any remaining closing costs not incurred during fiscal year 2024-25 related to the transfer of properties will be incorporated during the fiscal year 2025-26 budget development process.
ATTACHMENTS
Animal Services Real Property Exchange Agreement
Staff Contact: Courtney Chase, Deputy City Manager