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RESOLUTION NO.
A RESOLUTION OF THE CITY OF THOUSAND OAKS
DECLARING PURSUANT TO GOVERNMENT CODE SECTION
54221 ET SEQ, THAT CERTAIN REAL PROPERTY LOCATED
AT ASSESSOR PARCEL NUMBERS 670-018- 2060, 670-018-
2190, 670-018-2220, 670-018-2230 AND A PORTION OF
PARCEL 670-018-2210 IS NON-EXEMPT SURPLUS LAND,
APPROVING THE NOTICE OF AVAILABILITY THEREFOR,
AUTHORIZING THE CITY MANAGER TO COMPLY WITH THE
SURPLUS LAND ACT, AND FINDING THAT SUCH
DECLARATION IS EXEMPT FROM ENVIRONMENTAL
REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT PURSUANT TO SECTIONS 15060(C) AND
15312 OF THE CEQA GUIDELINES
WHEREAS, the City of Thousand Oaks is the owner in fee simple of that certain real property identified as Assessor Parcel Numbers (APNs) 670-018- 2060, 670-018-2190, 670-018-2220, 670-018-2230, and a portion of parcel located at APN 670-018-2210, which is collectively approximately 2.82 acres in size and is located at 1858, 1900, 1938, and 1948 East Thousand Oaks Boulevard and 265 Oakwood Drive as identified and depicted in “Exhibit A” attached hereto and incorporated herein by reference (Property); and WHEREAS, the City no longer has any use for the Property; and WHEREAS, the Surplus Land Act, Government Code Sections 54220 et seq., as amended (Act), applies when a local agency disposes of “surplus land,” as that term is defined in Government Code Section 54221; and WHEREAS, the Property is “surplus land” under the Act, because it is land owned in fee simple by the City for which the City will take formal action (in the form of adoption of this resolution) in a regular public meeting declaring that the land is surplus and is not necessary for the City’s use; and WHEREAS, the Act requires that prior to the disposal of any surplus land, unless an exemption applies, a local agency must issue a Notice of Availability to, among others, affordable housing developers, and thereafter, if any entity submits a qualified Notice of Interest within sixty (60) days of issuance of the Notice of Availability, the local agency must negotiate in good faith for at least ninety (90) days with any such submitting entities; and WHEREAS, the Property is not exempt from the Act.
NOW, THEREFORE, the City Council of the City of Thousand Oaks does resolve as follows:
SECTION 1: The above recitals are true and correct and are a substantive part of this Resolution and findings of the City.
SECTION 2: The City hereby finds and declares that the Property is “surplus land” as used in the Act, because the Property is owned in fee simple by the City, and the Property is surplus and not necessary for the City’s use.
SECTION 3: The City hereby authorizes the City Manager or designee to take all necessary actions to fully comply with the Act without further need to obtain further City approval.
SECTION 4: This Resolution has been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code Section ATTACHMENT #1
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21000 et seq.) (CEQA). City staff has determined that the designation of the Property as non-exempt surplus, approval of the form of Notice of Availability, and authorization for the City Manager to comply with the Act do not have the potential for creating a significant effect on the environment and are therefore exempt from further review under CEQA pursuant to State CEQA Guidelines Section 15060(c)(3), because such actions do not constitute a “project” as defined by the CEQA Guidelines, Section 15378. In the alternative, even if the actions contemplated here constituted a “project” under CEQA, they involve the sale of surplus government property, which is exempt from environmental review under CEQA pursuant to a Class 12 categorical exemption. Specifically, the government Property is not located in an area of statewide, regional or areawide concern as defined in CEQA Guidelines section 15206(b)(4). Therefore, the City’s adoption of this Resolution is exempt from CEQA review. Finally, 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 any of the Property is sold 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. This Resolution does not constitute a binding commitment to any particular use of the Property.
SECTION 5: If any section, subsection, paragraph, sentence, clause or phrase of this Resolution is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Resolution.
SECTION 6: The City Clerk shall certify to the adoption of this Resolution.
PASSED AND ADOPTED this 18th day of June, 2024, by the following vote:
Ayes:
Noes:
Absent:
_______________________________
Al Adam, Mayor
City of Thousand Oaks, California
ATTEST/CERTIFY:
_____________________________
Laura B. Maguire, City Clerk
Date Attested:_________________
APPROVED AS TO FORM:
_____________________________
Patrick J. Hehir, Chief Assistant City Attorney
APPROVED AS TO ADMINISTRATION:
______________________________
Andrew P. Powers, City Manager
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the City of Thousand Oaks City Council on the date cited above.
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APN Street Address Lot Size (acres)
670-018-2230 1858 E Thousand Oaks Boulevard .51
670-018-2190 1900 E Thousand Oaks Boulevard .5
670-018-2060 1938 E Thousand Oaks Boulevard .25
670-018-2220 1948 E Thousand Oaks Boulevard .21
670-018-2210 265 Oakwood Drive* 1.35
2.82 acres
EXHIBIT A