Cities Index.
​Attachment 8 Resolution Declaring Certain City-owned Areas as Exempt Surplus Lands​

Thousand Oaks City Council
July 8, 2025

Document
​Attachment 8 Resolution Declaring Certain City-owned Areas as Exempt Surplus Lands​
Meeting
July 8, 2025
Body
Thousand Oaks City Council
Pages
5
Original file
1.1 MB
Text extracted from the city's file for reading and search. Open the original on toaks.primegov.com. That file is the official record.

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RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

THOUSAND OAKS DECLARING PURSUANT TO
GOVERNMENT CODE SECTION 54221 THAT REAL

PROPERTY OWNED BY THE CITY LOCATED ON A
PORTION OF THE PARCEL AT 2100 E. THOUSAND
OAKS BLVD. (APN 671-024-0450) IS EXEMPT

SURPLUS LAND, AND FINDING THAT SUCH

DECLARATION IS NOT A PROJECT SUBJECT TO

ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT OR IS EXEMPT
PURSUANT TO CEQA GUIDELINES SECTION 15061
WHEREAS, the City of Thousand Oaks (the City) is the owner in fee simple of that certain real property described in Exhibit “A”, attached hereto and incorporated herein, known as a portion of APN 671-024-0450, which is approximately .17 acres in size and is located near 2100 East Thousand Oaks Boulevard within City of Thousand Oaks (Property); and
WHEREAS, the Property is less than one half acre in area, or 21,780 square feet, and it is 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 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, the 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 Council 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 Property may be declared exempt surplus land if it is less than one-half acre in area and it is not contiguous to state or local agency property used for open-space or low- or moderate-income housing (Government Code Section 54221(f)(1)(B)); and
WHEREAS, none of the characteristics listed under Government Code section 54221(f)(2) apply to the Property.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Thousand Oaks as follows:

ATTACHMENT #8
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Section 1. The above recitals are true and correct and are a substantive part of this Resolution and findings of the City Council.

Section 2. The City Council hereby finds that (i) the Property is no longer necessary for the City’s use, (ii) the Property is smaller than one-half acre in area because it is approximately .17 acres in area, and (iii) the Property is not contiguous to land owned by a state or local agency that is used for open-space or low- and moderate-income housing purposes. Furthermore, none of the characteristics listed under Government Code Section 54221(f)(2) apply to the Property.

Section 3. The City Council, therefore, declares that the Property is exempt surplus land pursuant to Section 54221(f)(1)(B) of the Act.

Section 4. This Resolution has been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) (CEQA). City staff has determined that the mere designation of the Property as exempt surplus and authorization for the City Manager to comply with the Act do not qualify as a “project” as defined in State CEQA Guidelines section 15378. First, Section 15378 defines a project as an activity that “has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.” (CEQA Guidelines, Section 15378(a).) Here, the action is to declare the Property as exempt surplus, which will not result in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. Accordingly, the action is not a “project” subject to CEQA. (CEQA Guidelines, Section 15060(c).) Second, Section 15378 explicitly excludes from its definition of “project” the following: “organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.” (CEQA Guidelines, Section 15378(b)(5).) The action to designate the Property as exempt surplus land constitutes an organizational or administrative activity that will not result in a physical change in the environment, and it therefore is not subject to CEQA. In the alternative, even if the actions contemplated here constituted a “project” under CEQA, 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. (CEQA Guidelines, Section 15061(b)(3).) This Resolution does not constitute a binding commitment to any particular use of the Property.

Section 5. The City Manager or designee is hereby authorized and directed to send a copy of this Resolution to the California Department of Housing and Community Development in accordance with the requirements of Section 400(e) of the SLA Guidelines.
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Section 6. 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 7. The City Clerk shall certify to the adoption of this Resolution.

PASSED AND ADOPTED this 8th day of July, 2025, by the following vote:

Ayes:

Noes:

Absent:

David Newman, Mayor
City of Thousand Oaks, California
ATTEST/CERTIFY:

Laura B. Maguire, City Clerk
Date Attested: ___________________
APPROVED AS TO FORM:

Office of the City Attorney
__
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. 60684.00012\43924166.2
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Exhibit A
Property Description
The Property is portion of APN 671-024-0450 identified below:

Size 0.17 acres (7,285 square feet)
Nearest Intersection Thousand Oaks Boulevard & The Lakes Drive

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