RESOLUTION NO. 23-4703
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MURRIETA,
CALIFORNIA, DECLARING A CITY -OWNED PARCEL AS EXEMPT
SURPLUS AND APPROVING THE SALE OF CITY -OWNED REAL
PROPERTY LOCATED NORTHWEST OF THE INTERSECTION OF
CLINTON KEITH ROAD AN D MCELWAIN ROAD , MURRIETA, CA
(APN: 392-270-005) TO ASHDON DEVELOPMENT FOR $70,200.00
WHEREAS, the City of Murrieta ("City") is the owner of real property , which is located northwest of the intersection Clinton Keith Road and McE lwain Road, Murrieta, CA 92562, and is identified as Assessor's Parcel Number (“APN”) 392-270-005 ("City Parcel"); and
WHEREAS, the City Parcel, which is two small pieces which total 3,049 square feet, is part of the right-of-way of the adjacent McElwain Road and is adjacent to a parcel (“Property”) that is zoned Community Commercial (CC) and a public road; and
WHEREAS, the owner of the Property , Ashdon Development, is developing the Property and has asked to purchase the City P arcel from th e City to develop as part of its pro ject on the Property; and
WHEREAS, pursuant to the Sur plus Property Land Act (Government Code Sections 54220 - 54233), as amended by Assembly Bill 1486 (effective January 1, 2020) (“Act”), the City Council must take formal action in a regular pu blic meeting to declare land owned by the City which is not necessary for the City’s use to be surplus; and
WHEREAS, City staff has determined that the City Parcel is not and will not be needed for any use including the future expansion of McElwain Road and, moreover, due to its size, condition, and location, is not appropriate for the development of housing; and
WHEREAS, on September 5 , 202 3, the City Council considered whether to de clare the City Parcel to be exempt surplus land.
NOW, THEREFORE , THE CITY COUNCI L OF THE CITY OF MURRIETA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. That the City Parcel is less tha n 5,000 square feet in area and less than the minimum legal residential building lot size for the City; and is not contiguous to land owned by a state o r local agency that is used for open-space or low - and moderate- income housing purposes.
Section 2. That the City Parcel is no t needed for any use including the future expansion of McE lwain Road and, due to its size, condition, an d location , is not appropriate for the development of housing such that the City Parcel is declared to be exempt surplus property as defined in Government Code Section 54221 (f)(1)(B).
Resolution No. 23-4703
Section 3. That the Ci ty Parcel is a pproved for sale to Ashdon Developmen t, the owner of the only land adjacent to the City Parcel, for $70,200 unless HCD objects to the City’s determination that the City Parcel is exempt surplus land.
Section 4. That City staff wil l immediately notify the California Departme nt of Housing & Community Development (“HCD”) of the adoption of this Resolution.
Section 5. Upon con clusion of the 30 -day notific ation period to Housing and Community Development, if HCD has not objected to the City ’s determination that the City Parcel is exempt surplus land, the City Manager or her designee is hereby authorized and directed to execute the Purchase and Sale Agreement on behalf of the City, including execution of all related escrow , closing, and similar documents necessary to finalize the sale of the City Parcel.
Section 6. That the approval of the Purchase and Sale Agreement is exe mpt from review under th e California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines relating to the sale of surp lus government property, and Section 15060( c)(3) of the CEQA Guideli nes because this is not a project as defined by Section 15378 of the CEQA Guidelines.
PASSED AND ADOPTED this 5th day of September, 2023.
______________________________
Lisa DeForest, Mayor
ATTEST:
_____________________________
Cristal McDonald, CMC, City Clerk
APPROVED AS TO FORM:
_____________________________
Tiffany Israel, City Attorney
Resolution No. 23-4703
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )§
CITY OF MURRIETA )
I, Cristal McDonald, City Clerk of the City of Murrieta, California, do hereby certify that the foregoing Resolution No. 23-4703 was duly passed and adopted by the City Council of the City of Murrieta at the regular meeting thereof, held on the 5th day of September, 2023, and was signed by the Mayor of the said City, and that the same was passed and adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Cristal McDonald, City Clerk