Sale of City Owned Real
Property
September 5, 2023
City Council
PH
Received After Agenda Printed
Regular City Council Meeting 09-05-23
Item No. 12 - Staff Presentation
Location
2 Northwest of
Clinton Keith/
McElwain Road
Zoning: Right-of-way
(3,049 square feet)
Approved
Carwash and
Daycare Center
New driveway
along McElwain
required for
secondary access
Adjacent Property
Daycare
Carwash
Sierra Lane
3 Surplus Lands Act
4 The Surplus Lands Act (SLA) is a set of statutes that local agencies must follow when disposing of surplus land.
Pursuant to Government Code §54222, the first step is for the City Council to declare that the 3,049 square foot piece of land is surplus property not needed for future development by the City.
The City Council could then determine that this small City parcel is exempt from the SLA.
5 Surplus Lands Act
Exemption Category 4:
➢ Less than 5,000 square feet in size
➢ Configuration and size could not support housing
➢ Not contiguous to land designated as open space or used for low and/or moderate-income level housing
➢ Not needed for future expansion of McElwain Road
➢ Property to be sold to adjacent property owner
6 Surplus Lands Act
Appraisal by Epic Land
Solutions, Inc.
➢ 3,049 square feet
➢ $70,200
7 Surplus Lands Act
30-day notification period
➢ If City Council approves the sale of the City owned property, staff will notify the California Department of Housing & Community Development (HCD) for a 30-day period.
➢ If HCD does not object, the City Manager is authorized and directed to execute the Purchase & Sales Agreement on behalf of the City. 8 Surplus Lands Act
9 The SLA requires that the City Council make findings to support the use of the exemption. Pursuant to Government Code §54221(f)(1)(B), the land is exempt from State law if it complies with the following:
· The surplus land has less than 5,000 square feet in area; or · The surplus land has 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
· The surplus land is being sold to the owner of continuous land.
As stated in the attached Resolution No. 23-4703, the facts support the City Council making the required findings to declare the property as “Exempt Surplus.”
Surplus Lands Act
Environmental Determination
The proposed action is not a "project" as defined in CEQA Guidelines Section 15378 because it involves the execution of an agreement that, on its own, will not cause a significant environmental impact. As such, this activity is not subject to CEQA pursuant to Section 15060(c)(3).
10 Recommendation
1. The proposed action is not a "project" as defined in CEQA Guidelines Section 15378 because it involves the execution of an agreement that, on its own, will not cause a significant environmental impact. As such, this activity is not subject to CEQA pursuant to Section 15060(c)(3).
and
2. Adopt the RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MURRIETA APPROVING 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 and McElwain Road, Murrieta, CA (APN: 392-270-005) to Ashdon Development for $70,200.00, based on the Findings and subject to the Conditions of Approval in Exhibit A, as found in Attachment 1.
11 Sale of City Owned Real
Property
Resolution 23
-
4703
September 5, 2023
City Council
PH