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From: Dept. of Housing & Community Development
To: Helen Peak
Cc: [email protected]; [email protected]
Subject: SLA Case (SLA0000635)
Date: Friday, April 19, 2024 1:55:49 PM
Attachments: Pasted image.png
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Dear Helen Peak,
Thank you for submitting, for HCD review, the draft Resolution for property located at 318 E.
Barham Drive in the City of San Marcos. We understand from the information you have provided to us that the subject property is approximately 0.31 acres in area. We have completed our review of the draft resolution, pursuant to the Section 400(e)(2) of the Surplus Land Act (SLA) Guidelines, and have concluded that, if or when the City owns the property in fee simple, the property can comply with and qualify for Government Code Section 54221(f) (1)(B).
1. Prior to approval of the proposed resolution declaring the land surplus or exempt surplus, the City must own the property in fee simple. The SLA states, “‘Surplus land’ means land owned in fee simple by any local agency for which the local agency’s governing body takes formal action in a regular public meeting declaring that the land is surplus and is not necessary for the agency’s use. Land shall be declared either ‘surplus land’ or ‘exempt surplus land,’ as supported by written findings, before a local agency may take any action to dispose of it consistent with an agency’s policies or procedures…” This requirement for fee simple ownership by the City means that the City must acquire the land prior to declaring the land surplus or exempt surplus.
2. For our records, we process draft resolution reviews separately from local agency approved Resolutions that require a formal HCD findings letter. Therefore, I have recategorized this request as a technical assistance ticket (SL0000635).
3. Once the proposed resolution is revised, as appropriate, and adopted, we request that the City submit the adopted Resolution to HCD at least 30 days prior to disposition, as required under Section 400(e) of the Surplus Land Act Guidelines. Please submit the approved Resolution via a new SLA Portal ticket, and we will process the formal findings letter. When submitting the adopted Resolution, you may note that I previously reviewed the draft resolution.
Please let us know if you have any further questions, and “reply to all” when responding by email to us. If you do not reply within two weeks, I will close out this ticket in our system.
Thank you,
Jenny Nusbaum
Jenny Nusbaum
Senior Innovative Projects Specialist
Housing and Community Development Specialist II
Division of Housing Policy Development
Housing and Community Development
2020 West El Camino Avenue, Suite 500 | Sacramento, CA 95833 Phone Number: (916) 982-9956
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