CITY OF COMMERCEAGENDA REPORTCITY OF COMMERCEAGENDA REPORT
CITY OF COMMERCE
AGENDA REPORT
CITY OF COMMERCE
AGENDA REPORT
Item No. Item No.
Item No.
Item No.
TO: Honorable Successor Agency
FROM: Executive Director
SUBJECT: Resolution Classifying Property Located on Washington Boulevard in the City of Commerce, California as Surplus Land Pursuant to the Surplus Land Act Meeting Date: November 14, 2023
RECOMMENDATION:
The Successor Agency to the Commerce Community Development Commission (“Successor Agency”) will consider for adoption the proposed Resolution Declaring certain real property as Surplus Land, in accordance with the Surplus Lands Act, and authorizing staff to proceed with the disposition of the Land in the City of Commerce, California.
BACKGROUND:
The Surplus Lands Act (“SLA”) (codified under Government Code section 54221) requires that before a local agency such as the Successor Agency takes any action to dispose of (sell or long term lease) property, it must declare the property to be either “surplus land” or “exempt surplus land”. Unless the surplus land is exempt, the local agency must give written notice of its availability to any local public entity, including schools and park districts, within whose jurisdiction the property is located, as well as to housing sponsors that have notified the State Department of Housing and Community Development (HCD) of their interest in the surplus property.
The notice of availability must be given prior to the local agency “participating in negotiations to dispose of the property.” An entity receiving notice from the local agency has 60 days to notify the local agency of its interest in purchasing the property, and the local agency is required to negotiate in good faith for not less than 90 days with any entity that has responded. Notwithstanding the obligation to negotiate in good faith, the local agency is not required to sell or lease the property to the agency, or to do so for less than fair market value.
The SLA’s definition of “exempt surplus property” includes property that is less than 5000 square feet; property that is transferred to another local, state or federal agency for that agency’s use; property exchanged for another property for that agency’s use; property put out to competitive bid for 100% affordable housing units or for 300 (or more) housing units, at least 25% of which must be affordable to lower-income households; property where housing units make up at least 80% of the real estate, and which 40% at minimum are designated as affordable; property that is subject to a valid legal restriction not imposed by the local agency that would prohibit housing (non-residential zoning is not a valid legal restriction); property that is too small for residential use; or is a former street or easement that is conveyed to an adjacent property owner; and property that is licensed or leased for five years or less.
ANALYSIS:
The property at issue is located along Washington Boulevard and is zoned for C-/M1 (Commercial Manufacturing): 4560 Washington Boulevard is associated with one parcel unit (APN: 5243-026-025). 4560 Washington Boulevard is currently being utilized as a Gas Station, commonly known as the Commerce Truck Stop and is currently being leased by Bakura Inc.
This property meets the definition of “surplus” property because they are not necessary for the City’s use as defined pursuant to the amended SLA. As the properties are not “exempt” surplus land per the SLA, the Successor Agency must first declare them surplus and provide the notices described above before disposing of the properties. The lease for this property is set to end on June 30, 2040. However given the fact that disposition of Successor Agency properties is consistent with state objectives after the dissolution of redevelopment agencies and that this action is consistent with the Long Range Property Management Plan approved by the state, it would be an appropriate time to begin what could be a lengthy process to dispose of the property.
Environmental Analysis
The adoption of the Resolution is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) of the CEQA Guidelines, California Code of Regulations, Title 14, chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
An appropriate environmental review and analysis will be required pursuant to the requirements of CEQA to analyze the potential environmental impacts of a proposed project before it is considered by the City’s Planning Commission and City Council.
At this time, the future development of the proposed sites is unknown. Therefore, a meaningful environmental review will take place once a development begins the entitlement process. Selection of the final development plan will be subject to future discretionary action of the City Council; approval of development plans, or through a DDA / processing of entitlements if it sells it to another private or public entity.
ALTERNATIVES:
Approve staff recommendation
Decline staff recommendation and provide further direction FISCAL IMPACT:
None by adopting the attached resolution.
RELATIONSHIP TO STRATEGIC GOALS:
This report before the Successor Agency is not applicable to any specific 2016 Strategic Plan Guiding Principle; however, it is related to the following Strategic Focus Area: Create and pursue opportunities for collaboration and regional partnerships to maximize resources and address regional issues.
Recommended by: Edgar P. Cisneros, Executive Director
Approved as to form: Noel Tapia, Successor Agency Legal Counsel Respectfully submitted: Edgar P. Cisneros, Executive Director ATTACHMENTS:
Exhibit A - 4560 Washington Boulevard (5243-026-025)
Resolution
EXHIBIT A
4560 Washington Boulevard (5243-026-025)