CITY OF MURRIETA
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN that the Development Services Department is to consider the following matter after a 30-day period beginning February 3 , 2024 , and is seeking public comment :
The applicant, GS Parks at Murrieta LLC (Developer), received approval from the Director for an 899-unit multi-family project (Development Plan permit 2022-2518, Tentative Parcel Map 2022-2525, and Phasing Plan 2022-2614) on September 29, 2023, on property located at the corner of Walsh Center Drive and Sparkman Court.
During the processing of the discretionary permit applications, it was identified that the City owns a small parcel at the intersection of Walsh Center Drive and Sparkman Drive, immediately adjacent to the Project Site. The City of Murrieta (City) parcel is 21,741 square feet and the location is at the intersection of Walsh Center Drive and Sparkman Court.
The Project needs a portion of the City-owned property to serve as the primary ingress/egress driveway (total of 1,796 square feet) where the driveway will connect to Sparkman Drive (future Monroe Avenue) . The Development Plan permit for the Project is conditioned for the applicant to purchase this 1,796-square-foot portion of the City parcel.
The remaining portion of the City-owned parcel will be dedicated as a future right-of-way (future Monroe Avenue), which is to be 13,330 square feet in size , and the applicant will use the remaining portion as a future pocket park that will serve residents and the public (6,642 square feet) with an agreement with the City and will remain under City ownership .
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 to declare that the 1,726 square foot piece of land is surplus property not needed for future development by the City.
The SLA has several exemptions, one of which is for the sale of property less than 5,000 square feet, less than the minimum legal residential building lot size for the zone in which the property is located , and sold to an owner of contiguous land. As the City parcel is smaller than 5,000 square feet, too small and odd-shaped to build housing on, and proposed to be sold to the contiguous landowner, the City may adopt a resolution making the determination that the City parcel is exempt surplus land.
The SLA further requires that the City 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 contiguous land.
In addition, the Governor signed Assembly Bill 480 (Ting) on October 11, 2023, and has gone into effect as law on January 1, 2024. The bill made changes for when a local jurisdiction would need to present an SLA to its City Council. As found in section 54221(b)(4), the new law allows for a 30-day notice process supported by findings, in lieu of taking forward the declaration request at a public hearing before the City Council:
(4) Notwithstanding paragraph (1), a local agency is not required to make a declaration at a public meeting for land that is “exempt surplus land ” pursuant to subparagraph (A), (B), (E), (K), (L), or (Q) of paragraph (1) of subdivision (f) if the local agency identifies the land in a notice that is published and available for public comment, including notice to the entities identified in subdivision (a) of Section 54222, at least 30 days before the exemption takes effect.
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).
Any person may submit written comments to the Director of Development Services .
For further information, please contact Jarrett Ramaiya, Deputy Director, at (951) 461- 6069 or by e-mail, [email protected]
Dated: January 31, 2024
Published: February 3, 2024