City of Sacramento
City Council Report
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Sacramento, CA 95814
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File ID: 2022-01567 9/6/2022 Consent Item 3.
Declaration of Exempt Surplus Land - Various Locations
File ID: 2022-01567
Location: 5105 Sandburg Drive (portions of), Rice Alley at 6 th Street, Rice Alley at 10th Street,
District 4; Freeport Boulevard at 9th Avenue, Freeport Boulevard at 10th Avenue, Freeport Boulevard at 11th Avenue, Freeport Boulevard at 12th Avenue, District 7 Recommendation: Adopt a Resolution declaring the City-owned properties located at 5105 Sandburg Drive (portions of), Rice Alley at 6th Street, Rice Alley at 10th Street, Freeport Boulevard at 9th Avenue, Freeport Boulevard at 10th Avenue, Freeport Boulevard at 11th Avenue, and Freeport Boulevard at 12th Avenue to be “exempt surplus land” not necessary for the City’s use, in accordance with the California Surplus Land Act.
Contact: Richard Sanders, Facilities & Real Property Superintendent, (916) 808-7034, [email protected], Department of Public Works Presenter: None
Attachments:
1-Description/Analysis
2-Resolution
Description/Analysis
Issue Detail: Pursuant to the California Surplus Land Act (California Government Code § 54220 et seq.), the City Council must declare property as either “surplus land” or “exempt surplus land” before the City can dispose of it. “Exempt surplus land” is real property owned in fee simple that is not necessary for the City’s use and that falls within one of the exemptions specified in the Surplus Land Act. If the City Council declares property as “exempt surplus land,” the City may sell the property without conducting the Notice of Availability process.
One of the exemptions specified in Government Code section 54221(f)(1)(B) of the Surplus Land Act is for property that is not suitable for housing. City staff has identified several City parcels owned in fee simple that are not necessary for the City’s use and fall within this exemption because they are less than 5,000 square feet in area and are not contiguous to land owned by a state or local agency City of Sacramento Page 1 of 3
File ID: 2022-01567 9/6/2022 Consent Item 3.
that is used for open-space or low- and moderate-income housing purposes. City staff is proposing to offer these parcels for sale to owners of contiguous land. The identified parcels are the following:
1. APN 005-0051-013 - excess portions of 5105 Sandburg Drive, aka Sump 10
2. APN 009-0055-022 - adjacent to Rice Alley, at 6 th Street
3. APN 009-0071-019 - adjacent to Rice Alley, at 10 th Street
4. APN 013-0181-063 - adjacent to Freeport Boulevard, at 9 th Avenue
5. APN 013-0191-011 - adjacent to Freeport Boulevard, at 10 th Avenue
6. APN 013-0193-001 - adjacent to Freeport Boulevard, at 11 th Avenue
7. APN 013-0193-010 - adjacent to Freeport Boulevard, at 12 th Avenue The above-mentioned properties are not suitable for independent development, including housing, because of the small size of the properties. Additionally, several of the properties have no access to roads.
Policy Considerations: The recommendations in this report are in accordance with the provisions of the Surplus Land Act.
Economic Impacts: None
Environmental Considerations:
California Environmental Quality Act (CEQA): The City Council declaration that a parcel is exempt surplus land is in compliance with a statutory requirement and is not part of a project that has been identified, designed or funded. No physical change in the environment would occur. The action is an administrative activity that would not result in direct or indirect physical changes in the environment and is not a project as defined in CEQA. (CEQA Guidelines sections 15378(b)(2), 15060(c)(3)).
Sustainability: Not applicable.
Commission/Committee Action: None.
Rationale for Recommendation: The Surplus Land Act requires the City Council to declare property which meets certain requirements as “exempt surplus land” supported by written findings before the City can dispose of the property. Adoption of the Resolution by the City Council will allow for possible sale of the subject properties to owners of contiguous property in accordance with the requirements of the Surplus Land Act.
Financial Considerations: Not applicable.
Local Business Enterprise (LBE): Not applicable.
City of Sacramento Page 2 of 3
File ID: 2022-01567 9/6/2022 Consent Item 3.
City of Sacramento Page 3 of 3
RESOLUTION NO. 2022-
Adopted by the Sacramento City Council
September 6, 2022
Declaration of Exempt Surplus Property
BACKGROUND
A. Pursuant to the California Surplus Land Act (California Government Code § 54220 et seq.), the City Council must declare property as either “surplus land” or “exempt surplus land” before the City can dispose of it. “Exempt surplus land” is real property owned in fee simple that is not necessary for the City’s use and that falls within one of the exemptions specified in the Surplus Land Act. If the City Council declares property as “exempt surplus land,” the City may sell the property without conducting the Notice of Availability process.
B. One of the exemptions specified in Government Code section 54221(f)(1)(B) of the Surplus Land Act is for property that is not suitable for housing. City staff has identified several City parcels owned in fee simple that are not necessary for the City’s use and fall within this exemption because they are less than 5,000 square feet in area and are not contiguous to land owned by a state or local agency that is used for open-space or low- and moderate-income housing purposes. City staff is proposing to offer these parcels for sale to owners of contiguous land.
C. Pursuant to Government Code section 54221(b)(1) of the Surplus Land Act, the City Council must take formal action in a regular public meeting declaring that the land is “exempt surplus land” and not necessary for the City’s use prior to sale of the land.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, THE CITY COUNCIL RESOLVES AS FOLLOWS:
Section 1. The City Council hereby declares that the following properties owned by the City in fee simple are not necessary for the City’s use and are “exempt surplus land” in accordance with Government Code section 54221(f)(1)(B) of the California Surplus Land Act because the properties are less than 5,000 square feet in area, the properties are not contiguous to land owned by a state or local agency that is used for open-space or low- and moderate-income housing purposes, and the City intends to offer the properties for sale to owners of contiguous land:
1. APN 005-0051-013 – excess portions of 5105 Sandburg Drive, aka Sump 10
2. APN 009-0055-022 – adjacent to Rice Alley, at 6th Street
3. APN 009-0071-019 – adjacent to Rice Alley, at 10th Street
4. APN 013-0181-063 – adjacent to Freeport Boulevard, at 9th Avenue
5. APN 013-0191-011 – adjacent to Freeport Boulevard, at 10th Avenue
6. APN 013-0193-001 – adjacent to Freeport Boulevard, at 11th Avenue
7. APN 013-0193-010 – adjacent to Freeport Boulevard, at 12th Avenue