SANTA
CLARITA
OUNDED
15 DECEMBER
190
Number
II-44
City
of
Santa
Clarita
POLICY/PROCEDURE
SUBJECT:
CITY
MANAGER
AUTHORITY
TO
EXECUTE
THE
SALE
OF
ENCROACHED-UPON
PROPERTIES
ORIGINAL
ISSUE
EFFECTIVE:
07/13/2021
CATEGORY:
ADMINISTRATION
RESPONSIBLE
DEPARTMENT:
CITY
MANAGER'S
OFFICE
STANDARD
MANAGEMENT
PROCEDURE
I.
PURPOSETo
provide
the
City
Manager
or
his/her
designee
with
authority
to
address
encroachments
into
City-owned
property.
Encroachment
areas
covered
under
this
policy
do
not
serve
a
public
benefit
and
are
less
than
one-half
(1/2)
acre
in
size;
therefore,
there
is
not
a
need
for
formal
City
Council
action.
This
policy
serves
current
property
owners
who
are
encroaching
into
City-owned
property,
at
no
fault
of
their
own,
as
the
result
of
existing
geographic
features
or
constructed
elements,
such
as
retaining
walls
and
fencing.
This
policy
further
recognizes
the
fact
that
transfer
of
title
in
such
situations
can
reduce
the
City's
liability
exposure.
To
this
end,
the
policy
defines
the
circumstances
under
which
the
City
Manager
or
his/her
designee
is
authorized
to
execute
the
sale
of
land
to
an
encroaching
party
without
further
City
Council
action.
II.
BACKGROUNDOn
occasion,
the
City
discovers
instances
where
private
property
owners
are
encroaching
beyond
their
property
lines
and
into
adjacent
City-owned
property.
Encroachments
can
consist
of
a
number
of
property
improvements,
including
yard
expansions,
walls,
fencing,
etc.
In
some
cases,
the
encroachments
were
created
during
original
construction,
which
in
turn
negatively
affects
the
current
property
owners
who,
at
no
fault
of
their
own,
are
in
violation
of
the
City's
Unified
Development
Code
(UDC).
This
violation,
pursuant
to
UDC
Section
17.01.060,
precludes
them
from
obtaining
permits
from
the
City
until
the
encroachment
is
III.
corrected.SALE
OF
ENCROACHED-UPON
PROPERTIES
А.
Scope:
By
the
request
of
an
encroaching
party,
the
City
Manager
or
his/her
designee
may
approve
the
sale
of
City-owned
property
that
is
being
encroached
upon
under
the
following
conditions:
1. The
encroachment
occurred
prior
to
the
City's
acquisition
of
the
property
being
encroached
upon;
2. The
encroachment
was
created
by
a
prior
owner,
or
the
original
developer;
3. The
area
being
encroached
upon,
and
requested
for
purchase,
is
no
more
than
one-halfPage
1 of
2 IV.V.
(1/2)
acre
in
size;
4. The
area
being
encroached
upon
only
benefits
the
encroaching
party
and
in
no
way
benefits
the
general
public;
and,
5. The
sale
of
land
qualifies
for
a
Categorical
Exemption
under
Section
15312
of
the
California
Environmental
Quality
Act
as
a
Surplus
Government
Property
Sale
with
no
statewide,
regional,
or
areawide
concern.
B.
Sales
Price
and
Proceeds:
The
City
shall
set
the
sales
price
of
the
encroached
upon
property.
The
sales
price
may
be
set
at
the
original
cost
paid
by
the
City
for
the
land,
prorated
per
square
foot.
In
the
alternative,
and
at
its
discretion,
the
City
may
set
the
price
based
on
recently
sold
comparable
properties
or
a
professional
appraisal.
Any
proceeds
collected
from
these
types
of
transactions
shall
be
returned
to
whichever
fund
bore
the
expense
when
the
City
originally
acquired
the
property.
If
not
applicable,
the
proceeds
shall
be
deposited
into
the
General
Fund.
C.
Transfer
Process:
The
transfer
of
land
under
this
policy
requires
a
lot
line
adjustment
and
associated
grant
deeds
be
reviewed
and
recorded.
Any
third-party
expenses
needed
to
prepare
associated
documents
shall
be
the
responsibility
of
the
encroaching
party.
However,
in
recognition
of
certain
instances
where
transfer
of
the
title
results
in
a
reduction
of
the
City's
liability
exposure,
the
City
Manager
or
his/her
designee
has
the
authority
to
waive
lot
line
adjustment
fees.
D.
Compliance
with
State
Law:
The
sale
of
property
must
comply
with
the
Surplus
Land
Act
(Government
Code
Section
54220
et
seq).
E.
Types
of
City
Property
subject
to
the
Policy:
The
following
is
a
non-exclusive
list
of
types
of
properties
subject
to
this
policy:
1. Open
space,
park
land,
trails;
and
2. Public
right-of-way,
owned
in
fee.
EXCEPTIONSThere
are
no
exceptions
to
this
policy.
Despite
having
the
authority
to
complete
the
transaction
administratively,
if
for
any
reason
the
City
Manager
decides
to
bring
a
potential
sale
covered
under
this
policy
to
the
City
Council
for
consideration,
there
is
nothing
in
the
policy
that
precludes
the
City
Manager's
Office
from
doing
so.
AUTHORITYBy
the
authority
of
the
City
Council.
Mai
Bill
Miranda
Mayor
Page
2 of
2