RESOLUTION NO. R-2023-05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PLACENTIA, CALIFORNIA DECLARING PURSUANT TO
THE SURPLUS LAND ACT THAT CERTAIN REAL
PROPERTY OWNED BY THE CITY LOCATED AT 323, 307,
312, AND 314 BAKER STREET ARE EXEMPT SURPLUS
LAND NOT NECESSARY FOR THE CITY'S USE AND
PROPOSED FOR A 100% AFFORDABLE HOUSING
DEVELOPMENT; FINDING THAT SUCH DECLARATION IS
EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO
SECTION 15194 OF THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT; AND TAKING RELATED ACTIONS.
A. Recitals.
(i). The City of Placentia is the owner in fee simple of that certain real property located in the City at 323 Baker Street (APN 339-392-19), 307 Baker Street (APN 339- 392-14), 312 Baker Street (APN 339-391-15) and 314 Baker Street (APN 339-391-14) ("City Parcels").
(ii). Pursuant to Section 54221(b) of the Surplus Land Act (SLA), Government Code Sections 54220-54234 ("Act"), surplus land is land owned in fee simple by the City for which the City Council takes formal action in a regular public meeting declaring the land is surplus and not necessary for the City's use. The land must be declared either surplus land or exempt surplus land.
(iii). Government Code Section 54221(f)(1)(F)(i) of the SLA allow for a property to be declared "Exempt Surplus" land if 100% of the proposed residential units are restricted to low- and moderate -income households, of which at least 75% of the units are restricted to lower income households and the minimum income and affordability covenants terms are 55 years for rental units and 45 years for ownership units. (iv). The City Council desires to declare that the City Parcels is not necessary for the City's use and is proposed for a 100% affordable housing development that meets the criteria for exempt surplus land under the SLA.
(v). The Act provides that the City may dispose of property declared exempt surplus land without further regard to the requirements of the SLA. (vi). The accompanying staff report provides supporting information upon which the declaration and finding set forth in this Resolution are based.
Resolution R-2023-05
B. Resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLACENTIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
1. In all respects as set forth in the Recitals, Part A., of this Resolution.
2. Pursuant to Government Code Section 54221(f)(1)(F)(i), the City Council hereby declares that the City Parcels are not necessary for the City's use and is exempt surplus land because the City intends to dispose of the City Parcels for intended use of 100% of the proposed residential units to be restricted to low- and moderate -income households, of which at least 75% of the units will be restricted to lower income households and the minimum income and affordability covenants terms are 55 years for rental units and 45 years for ownership units
3. This Resolution has been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) ("CEQA") pursuant to Section 15194, Affordable Housing Exemption, which applies to projects that provide housing for low-income households, on a site that is less than five acres and located in an urbanized area. Adoption of the Resolution does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. If and when the property is sold or leased to a purchaser and that purchaser proposes a use for the property that requires a discretionary permit and CEQA review, that future use and project will be analyzed at the appropriate time in accordance with CEQA.
4. The City Clerk is directed to file a Notice of Exemption pursuant to CEQA Guidelines Section 15062.
5. Staff of the City are hereby authorized and directed to provide a copy of this Resolution to the California Department of Housing and Community Development ("HCD") in the form and manner required by HCD.
6. The City Administrator, and/or his designee, is hereby authorized to do all things which are deemed necessary or proper to effectuate the purposes of this Resolution, and any such actions previously taken are hereby ratified and confirmed.
7. The Mayor shall sign this resolution, and the City Clerk shall attest and certify to the passage and adoption thereof.
Resolution R-2023-05
PASSED, ADOPTED AND APPROVED THIS 7th DAY OF FEBRUARY 2023.
Ward Smith, Mayor
ATTEST:
Robert McKinnell, City Clerk
STATE OF CALIFORNIA
COUNTY OF ORANGE
1, Robert McKinnell, City Clerk of the City of Placentia, do hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Placentia held on the 7th day of February 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
Robert McKinnell, City Clerk
APPROVED AS TO FORM:
Christian Bettenhausen, City Attorney
Resolution R-2023-05