ACTION:
____________________________
Clerk/Secretary
Department: City Manager Item No: C8
Prepared by:
Jonathan Lung, Homeless Services
Program Manager Meeting Date: June 13, 2023
Approved by: John Conley, City Manager Agenda Location: Consent Calendar SUBJECT: NOTICE OF AVAILABILITY OF SURPLUS LAND IN THE CITY OF VISTA PURSUANT TO CALIFORNIA GOVERNMENT CODE § 54220, ET SEQ. (APN 175-223-25-00 AND APNs 175- 221-28-00 AND 175-221-29-00)
RECOMMENDATION:
1. Adopt City Council Resolution No. 2023- , declaring pursuant to Government Code Section 54221 that real property identified as 902 Vista Village Drive (APN 175-223-25-00) is surplus land and not necessary for the City’s use, finding that such declaration is exempt from environmental review under the California Environmental Quality Act, and approving certain related actions; and
2. Adopt City Council Resolution No. 2023- , declaring pursuant to Government Code Section 54221 that real property identified as APNs 175-221-28-00 and 175-221-29-00 is surplus land and not necessary for the City’s use, finding that such declaration is exempt from environmental review under the California Environmental Quality Act, and approving certain related actions.
CORRELATION TO CITY COUNCIL GOALS: Fiscal Responsibility.
STATEMENT ON THE SUBJECT: The first attached Resolution (Exhibit 1) concerns the real property identified as 902 Vista Village Drive (APN 175-223-25-00) consisting of approximately 0.45-acres (approximately 19,576 square feet) located at the northeast corner of Vista Village Drive and Palm Drive, as more particularly described in Exhibit “A” and depicted in Exhibit “B” of the first attached Resolution (“Parcel 25”). Parcel 25 is a vacant remnant of four (4) parcels that the City acquired during the mid- 1990s as part of a right-of-way acquisition for the purpose of relocating Vista Village Drive. Approximately one-third of Parcel 25 consists of a hillside embankment that is immediately adjacent to a developed property. The embankment area and the soil conditions related thereto may affect the extent of the developability of Parcel 25 and/or increase the cost of soil preparation related thereto. Therefore, Parcel 25 will be made available pursuant to the Notice of Availability (defined below) in its “as-is and where-is” condition. Further, the City will not provide a warranty with respect to the condition or suitability of Parcel 25 for any purpose.
The second attached Resolution (Exhibit 2) concerns the real property identified as APNs 175-221-28-00 and 175-221-29-00 consisting of approximately 0.61 acres (approximately 26,407 square feet) located at the northwest corner of Vista Village Drive and Palm Drive, as more particularly described in Exhibit “A” and depicted in Exhibit “B” of the Resolution (“Parcels 28 & 29”). Parcels 28 & 29 are adjoining vacant remnants of four (4) parcels that the City also acquired during the mid-1990s as a part of a right-of-way AGENDA
REPORT
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
SUCCESSOR AGENCY
BUENA SANITATION DISTRICT
JOINT POWERS FINANCING AUTHORITY
06/13/2023 C8 1 of 19
Approved above recommendation, adopted the following: 1) City Council Resolution No. 2023-97; and 2) City Council Resolution No. 2023-98. Vote: 5-0
MEETING DATE: June 13, 2023
SUBJECT: NOTICE OF AVAILABILITY OF SURPLUS LAND IN THE CITY OF VISTA PURSUANT TO CALIFORNIA GOVERNMENT CODE § 54220, ET SEQ. (APN 175-223-25-00 AND APNs 175-221-28-00 AND 175-221-29-00)
acquisition for the purpose of relocating Vista Village Drive. Approximately one-third of Parcels 28 & 29 consist of a hillside embankment that is immediately adjacent to a single-family dwelling parcel at 209 North Citrus Avenue. The embankment area and the soil conditions related thereto may affect the extent of the developability of Parcels 28 & 29 and/or increase the cost of soil preparation related thereto.
Therefore, Parcels 28 & 29 will be made available pursuant to the Notice of Availability (defined below) in its "as-is and where-is" condition. Further, the City will not provide a warranty with respect to the condition or suitability of Parcels 28 & 29 for any purpose.
In accordance with the California Surplus Land Act, Government Code (GC) §§ 54220-54234 (the "SLA"), as amended by AB 1486 (Chapter 664, Statutes of 2019; "AB 1486") and Guidelines promulgated thereunder by the California Department of Housing and Community Development (HCD) dated as of April 2021 (the "Guidelines"), in order for real property to be disposed of, such land must first be made available under a process set forth in the SLA and expounded upon by the Guidelines; that process requires that a notice be given calling for written notices of interest after the affected public entity has designated such land as surplus by the taking of a formal action at a public meeting of such public agency.
Pursuant to the SLA, land is necessary for the City's use if the land is being used, or is planned to be used, pursuant to a written plan adopted by the City, for City work or operations. The SLA, as expounded upon by the Guidelines, provides that such land shall be declared either surplus land or exempt surplus land before the City may take action to dispose of it consistent with the City's policies or procedures, GC § 54222, requires the City, if it declares land to be surplus and not necessary for the City's use, to provide written notice thereof to certain local public agencies and housing sponsors (the "Designated Parties"); the form of such notification is included as Exhibit "B" to the Resolution (the "Notification Process"). Further, local public agencies as prescribed by the SLA and consist of all of the local government agencies that exist within the City (i.e., County government entities, school districts, and special districts) and to housing sponsors (i.e., affordable housing development entities) that are listed and promulgated by HCD pursuant to the SLA and the Guidelines.
The Notification Process concerns only the Designated Parties and provides the Designated Parties a 60- day opportunity to request to negotiate for the disposition of Parcels 25, 28 & 29 consistent with parameters for such negotiations provided by the SLA. The Notification Process is not a request for proposals, does not bind the City to any disposition of Parcels 25, 28 & 29 and does not supersede the applicable provisions of the Vista Municipal Code. The SLA does not impose any mandates or timeframes with respect to the disposition of real property.
If approved, the Resolutions will confirm the City's declaration that Parcels 25, 28 & 29 are surplus and authorize the initiation of the Notification Process to the Designated Parties. Failure to follow the procedure described in the SLA and expounded upon by the Guidelines for providing a notice of availability of surplus land and related actions, may subject the City to financial and other penalties and measures and may frustrate the ability of the City to further its achievement of its development goals pursuant to the City's General Plan. Particularly, per GC § 54230.5, if a local agency that disposes of land in violation of the SLA, after receiving a notification from HCD that the local agency is in violation of SLA, such local agency shall be liable for a penalty of 30 percent of the final sale price of the land sold in violation of the SLA for a first violation and 50 percent for any subsequent violation. A local agency shall have 60 days to cure or correct an alleged violation. If a penalty is assessed, it shall be used within five years of deposit solely for the development of new affordable housing units benefiting low-income households.
In addition, HCD has certain oversight authority over negotiations with Designated Parties, if any, for the purpose of confirming that such negotiations were conducted within the parameters described in the SLA. 06/13/2023 C8 2 of 19
MEETING DATE: June 13, 2023
SUBJECT: NOTICE OF AVAILABILITY OF SURPLUS LAND IN THE CITY OF VISTA PURSUANT TO CALIFORNIA GOVERNMENT CODE § 54220, ET SEQ. (APN 175-223-25-00 AND APNs 175-221-28-00 AND 175-221-29-00)
Consistent with the foregoing, it is recommended that the City Council declare Parcels 25, 28 & 29 to be surplus and not necessary for the City's use. Approval of the attached Resolutions will confirm the City Council's declaration that Parcels 25, 28 & 29 surplus and not necessary for the City's use at this time and authorize the initiation of the Notification Process as prescribed by the SLA.
Per § 15060 (c) (3) of the California Environmental Quality Act (CEQA) Guidelines (i.e., California Code of Regulations, Title 14, Division 6, Chapter 3, §§ 15000-15387), approval of the Resolutions are exempt from CEQA because the actions described therein will not result in a direct or indirect physical change in the environment and the actions described therein are not a "Project", as defined within § 15378 of the CEQA Guidelines. Adoption of the Resolutions does not have the potential for resulting in either a direct or indirect physical change in the environment. If and when Parcels 25, 28 & 29 are sold or leased and the new owner(s) or lessee(s) propose a use for Parcels 25, 28 & 29 that requires a discretionary permit, the future use and project will be analyzed at the appropriate time in accordance with CEQA.
FISCAL IMPACT: Other than the costs of administering the Notification Process, which is de minimis, there are no fiscal impacts associated with the approval of the attached Resolution.
EXHIBITS:
1. City Council Resolution No. 2023- , declaring pursuant to Government Code Section 54221 that real property identified as 902 Vista Village Drive (APN 175-223-25-00) is surplus land and not necessary for the City's use, finding that such declaration is exempt from environmental review under the California Environmental Quality Act, and approving certain related actions A. Property Description
B. Notice of Availability
2. City Council Resolution No. 2023- , declaring pursuant to Government Code Section 54221 that real property identified as APNs 175-221-28-00 and 175-221-29-00 is surplus land and not necessary for the City's use, finding that such declaration is exempt from environmental review under the California Environmental Quality Act, and approving certain related actions A. Property Description
B. Notice of Availability
06/13/2023 C8 3 of 19
RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF
VISTA, CALIFORNIA, DECLARING PURSUANT TO GOVERNMENT CODE SECTION 54221 THAT REAL PROPERTY IDENTIFIED AS 902 VISTA VILLAGE DRIVE (APN 175-223-25-00) IS SURPLUS LAND AND NOT
NECESSARY FOR THE CITY'S USE, FINDING THAT SUCH DECLARATION
IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT, AND APPROVING CERTAIN RELATED
ACTIONS
The City Council of the City of Vista does resolve as follows:
1. Findings. The City Council hereby finds and declares the following:
A. This Resolution concerns that certain real property identified as 902 Vista Village Drive (APN 175-223-25-00)consisting of approximately 0.45 acres (approximately 19,576 square feet) located at the northeast corner of Vista Village and Palm Drives, as more particularly described in Exhibit"A" and depicted in Exhibit "B" to this Resolution (the "Property"); and B. The vacant Property is a remnant of four (4) parcels that the City acquired during the mid-1990s as a part of a right-of-way acquisition for the purpose of relocating Vista Village Drive; and
C. Pursuant to the California Surplus Land Act, Government Code (the "GC") §§ 54220-54234 (the "Act"), as amended by AB 1486 (Chapter 664, Statutes of 2019; "AB 1486") and Guidelines promulgated thereunder by the California Department of Housing and Community Development (the "HCD") dated as of April 2021 (the "Guidelines"), in order for the Property to be disposed of, such land must first be made available under a process set forth in the Act and expounded upon by the Guidelines; that process requires that a notice be given calling for written notices of interest after the affected public entity has designated such land as surplus by the taking of a formal action at a public meeting of such public agency; and D. Pursuant to the Act, land is necessary for the City's use if the land is being used, or is planned to be used pursuant to a written plan adopted by the City, for City work or operations; and
E. The Act, as expounded upon by the Guidelines, provides that such land shall be declared either surplus land or exempt surplus land before the City may take action to dispose of it consistent with the City's policies or procedures; and F. GC § 54222, requires the City, if it declares land to be surplus and not necessary for the City's use, to provide written notice thereof to certain local public agencies and housing sponsors (the "Designated Parties"); the form of such notification is included as Exhibit"B"to this Resolution (the "Notification Process"); and
G. The Notification Process concerns only the Designated Parties and provides the Designated Parties a 60-day opportunity to request to negotiate for the disposition of the Property consistent with parameters for such negotiations provided by the Act; and H. The Notification Process is not a request for proposals, does not bind the City to 000292137 EXHIBIT 1
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RESOLUTION NO. 2023-
CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 2
any disposition of the Property and does not supersede the applicable provisions of the Vista Municipal Code; and
I. The Act does not impose any mandates or timeframes with respect to the disposition of real property; and
J. If approved, this Resolution will confirm the City's declaration that the Property is surplus and authorize the initiation of the Notification Process to the Designated Parties; and K. Failure to follow the procedure described in the Act and expounded upon by the Guidelines for providing a notice of availability of surplus land and related actions, may subject the City to financial and other penalties and measures and may frustrate the ability of the City to further its achievement of its development goals pursuant to the City's General Plan; and L. In addition to the foregoing, the HCD has certain oversight authority over negotiations with Designated Parties, if any, for the purpose of confirming that such negotiations were conducted within the parameters described in the Act; and M. Consistent with the foregoing, it is recommended that the City Council declare the Property to be surplus and not necessary for the City's use; and N. Approval of this Resolution will confirm the City Council's declaration that the Property is surplus and not necessary for the City's use at this time and authorize the initiation of the Notification Process as prescribed by the Act; and
O. Pursuant to § 15060 (c) (3) of the California Environmental Quality Act (the "CEQA") Guidelines (i.e., California Code of Regulations, Title 14, Division 6, Chapter 3, §§ 15000-15387), approval of this Resolution is exempt from CEQA because the actions described herein will not result in a direct or indirect physical change in the environment and the actions described herein are not a "Project", as defined within § 15378 of the CEQA Guidelines; and
P. Adoption of this Resolution does not have the potential for resulting in either a direct or indirect physical change in the environment. If and when the Property is sold or leased and that new owner or lessee 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; and
Q. All the prerequisites with respect to the approval of this Resolution have been met.
2. Action.
A. The foregoing recitals are true and correct and are a substantive part of this Resolution.
B. The City Council hereby declares that the Property is surplus land and not necessary for the City's use at this time and authorizes the initiation of the Notification Process as prescribed by the Act and as further expounded upon by the Guidelines. 00029213 7Resolution 902 Vista Village Dr.docx
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RESOLUTION NO. 2023-
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PAGE 3
C. The City Manager, or designee, is hereby authorized to do all things that are necessary or proper to effectuate the purposes of this Resolution, and any such actions previously taken are hereby ratified and confirmed. Such actions include negotiating in good faith in accordance with the requirements of the Act and the Guidelines with any of the Designated Parties that submit a written notice of interest as to the disposition of the Property in compliance with the Act.
D. This Resolution has been reviewed with respect to the applicability of the CEQA (Public Resources Code § 21000 et seq.). City staff has determined that the designation of the Property as surplus does not have the potential for creating a significant effect on the environment and is therefore exempt from further review under CEQA pursuant to State CEQA Guidelines § 15060(c)(3) because it is not a project as defined by the CEQA Guidelines § 15378.
E. Pursuant to the foregoing, the City Clerk is directed to file a Notice of Exemption pursuant to CEQA Guidelines § 15062.
F. This Resolution shall take effect upon the date of its adoption.
3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on June 13, 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
JOHN B. FRANKLIN, MAYOR
APPROVED AS TO FORM: ATTEST:
WALTER CHUNG, CITY ATTORNEY KATHY VALDEZ, CITY CLERK By: By:
APPROVED
Walter C.Chung
20230525172316
EXHIBIT "A"
00029213 7Resolution 902 Vista Village Dr.docx
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RESOLUTION NO. 2023-
CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 4
PROPERTY DESCRIPTION
The real property in the City of Vista, County of San Diego, State of California, described as follows:
AP N: 175-223-25-00
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RESOLUTION NO. 2023-
CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 5
EXHIBIT "B"
•
, 1
CITY OF VISTA
200 Civic Center Drive, California 92084
Telephone (760) 726-1340
NOTICE OF AVAILABILITY OF SURPLUS LAND
(Via Email)
Date: June 14, 2023
TO: Interested Local Agencies and Housing Sponsors
RE: Notice of Availability of Surplus Land in the City of Vista Pursuant to California Government Code § 54220, et seq.
Pursuant to the provisions of California Government Code § 54220, et seq., the City of Vista ("City") hereby notifies interested local agencies and housing sponsors ("Designated Parties") of the availability for lease or purchase of the following surplus land ("Property"):
Property Addresses: None: Approximately 0.45 acres (approximately 19,576 square feet) of vacant land located at the northeast corner of Vista Village and Palm Drives, Vista, CA
Assessor's Parcel No.: APN 175-223-25-00
Zoning: SP-DV (Downtown Vista Specific Plan) (Civic Center) General Plan Designation: SP-DV (Downtown Vista Specific Plan) (Civic Center) Current Use: Vacant
Copies of the aerial image and assessor's parcel map showing and depicting the Property are attached.
The vacant Property is a remnant of four (4) parcels that the City acquired during the mid-1990s as a part of a right-of-way acquisition for the purpose of relocating Vista Village Drive.
Approximately one-third of Property consists of a hillside embankment that is immediately adjacent to a developed site. The embankment area and the soil conditions related thereto may affect the extent of the developability of Property and/or increase the cost of soil preparation related thereto. Therefore, the Property is made available pursuant to this Notice in its "as-is and where-is" condition. Further, the City will not provide a warranty with respect to the condition or suitability of the Property for any purpose.
00029213 7Resolution 902 Vista Village Dr.docx
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RESOLUTION NO. 2023-
CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 6
The SP-DV (Downtown Vista Specific Plan) (Civic Center) land use designation includes community-focused public and quasi-public uses. Examples include fire stations, court houses, government offices, libraries, public schools, public parking lots, museums, and cultural facilities, as well as ancillary uses such as community gardens or farmers' markets, consistent with Chapter
18. 47 of the Vista Development Code. No private development potential is assigned to sites designated as Civic Activity. In addition, the land use designation allows a variety of land uses.
See Table 2-1 of the Vista Development Code for further details.
A Designated Party desiring to purchase or lease the Property for any of the purposes authorized by Government Code § 54222, must file a written notice of interest with the representative designated below by the Designated Parties within 60 days from the date of this Notice of Availability as confirmed by the date set forth below (since the 60t" day falls on a weekend, the submission date has been extended to the following Monday). Designated Parties proposing to submit a notice of interest are advised to review the requirements set forth in the Surplus Land Act (Government Code §§ 54220-54234).
Please send written notices of interest via e-mail to:
Jonathan Lung
City of Vista
Homeless Services Program Manager
200 Civic Center Drive
Vista, California 92084
Jlung(a-)ci.vista.ca.us
With copies to:
Steven H. Dukett, Development Consultant to the City
2305 Chicago Avenue
Riverside, California 92507
Sdukett(@TKEengineering.com
For further information, please contact Mr. Steven H. Dukett, Managing Director of Development Services, TKE Engineering, Inc. (development consultant to City), at (909) 967-8205 or [email protected].
Consistent with the foregoing, the final day to submit a written statement of interest to either lease or purchase the Property is Monday, August 14, 2023 by 5:00 PM.
Attachments (1. Aerial Image, 2. Assessor's Parcel Map) 00029213 7Resolution 902 Vista Village Dr.docx
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RESOLUTION NO. 2023-
CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 7
Attachment No. 1
AERIAL IMAGE OF THE PROPERTY
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00029213 7Resolution 902 Vista Village Dr.docx
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RESOLUTION NO. 2023-
CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 8
Attachment No. 2
ASSESSOR'S PARCEL MAP OF THE PROPERTY
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00029213 7Resolution 902 Vista Village Dr.docx
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RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF
VISTA, CALIFORNIA, DECLARING PURSUANT TO GOVERNMENT CODE SECTION 54221 THAT REAL PROPERTY IDENTIFIED AS APNS 175-221-28- 00 and 175-221-29-00 IS SURPLUS LAND AND NOT NECESSARY FOR THE
CITY'S USE, FINDING THAT SUCH DECLARATION IS EXEMPT FROM
ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT, AND APPROVING CERTAIN RELATED ACTIONS
The City Council of the City of Vista does resolve as follows:
1. Findings. The City Council hereby finds and declares the following:
A. This Resolution concerns that certain real property identified as APNs 175- 221-28-00 and 175-221-29-00 consisting of approximately 0.61 acres (approximately 26,407 square feet) located at the northwest corner of Vista Village and Palm Drives, as more particularly described in Exhibit "A" and depicted in Exhibit "B" to this Resolution (the "Property"); and
B. The vacant Property is a remnant of four (4) parcels that the City acquired during the mid-1990s as a part of a right-of-way acquisition for the purpose of relocating Vista Village Drive; and
C. Pursuant to the California Surplus Land Act, Government Code (the "GC") §§ 54220-54234 (the "Act"), as amended by AB 1486 (Chapter 664, Statutes of 2019; "AB 1486") and Guidelines promulgated thereunder by the California Department of Housing and Community Development (the "HCD") dated as of April 2021 (the "Guidelines"), in order for the Property to be disposed of, such land must first be made available under a process set forth in the Act and expounded upon by the Guidelines; that process requires that a notice be given calling for written notices of interest after the affected public entity has designated such land as surplus by the taking of a formal action at a public meeting of such public agency; and
D. Pursuant to the Act, land is necessary for the City's use if the land is being used, or is planned to be used pursuant to a written plan adopted by the City, for City work or operations; and
E. The Act, as expounded upon by the Guidelines, provides that such land shall be declared either surplus land or exempt surplus land before the City may take action to dispose of it consistent with the City's policies or procedures; and F. GC § 54222, requires the City, if it declares land to be surplus and not necessary for the City's use, to provide written notice thereof to certain local public agencies and housing sponsors (the "Designated Parties"); the form of such notification is included as Exhibit "B" to this Resolution (the "Notification Process"); and G. The Notification Process concerns only the Designated Parties and provides the Designated Parties a 60-day opportunity to request to negotiate for the 000292137 EXHIBIT 2
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PAGE 2
disposition of the Property consistent with parameters for such negotiations provided by the Act; and
H. The Notification Process is not a request for proposals, does not bind the City to any disposition of the Property and does not supersede the applicable provisions of the Vista Municipal Code; and
I. The Act does not impose any mandates or timeframes with respect to the disposition of real property; and
J. If approved, this Resolution will confirm the City's declaration that the Property is surplus and authorize the initiation of the Notification Process to the Designated Parties; and
K. Failure to follow the procedure described in the Act and expounded upon by the Guidelines for providing a notice of availability of surplus land and related actions, may subject the City to financial and other penalties and measures and may frustrate the ability of the City to further its achievement of its development goals pursuant to the City's General Plan; and
L. In addition to the foregoing, the HCD has certain oversight authority over negotiations with Designated Parties, if any, for the purpose of confirming that such negotiations were conducted within the parameters described in the Act; and M. Consistent with the foregoing, it is recommended that the City Council declare the Property to be surplus and not necessary for the City's use; and N. Approval of this Resolution will confirm the City Council's declaration that the Property is surplus and not necessary for the City's use at this time and authorize the initiation of the Notification Process as prescribed by the Act; and O. Pursuant to § 15060 (c) (3) of the California Environmental Quality Act (the "CEQA") Guidelines (i.e., California Code of Regulations, Title 14, Division 6, Chapter 3, §§ 15000-15387), approval of this Resolution is exempt from CEQA because the actions described herein will not result in a direct or indirect physical change in the environment and the actions described herein are not a "Project", as defined within § 15378 of the CEQA Guidelines; and
P. Adoption of this Resolution does not have the potential for resulting in either a direct or indirect physical change in the environment. If and when the Property is sold or leased and that new owner or lessee 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; and
Q. All the prerequisites with respect to the approval of this Resolution have been met.
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PAGE 3
2. Action.
A. The foregoing recitals are true and correct and are a substantive part of this Resolution.
B. The City Council hereby declares that the Property is surplus land and not necessary for the City's use at this time and authorizes the initiation of the Notification Process as prescribed by the Act and as further expounded upon by the Guidelines.
C. The City Manager, or designee, is hereby authorized to do all things that are necessary or proper to effectuate the purposes of this Resolution, and any such actions previously taken are hereby ratified and confirmed. Such actions include negotiating in good faith in accordance with the requirements of the Act and the Guidelines with any of the Designated Parties that submit a written notice of interest as to the disposition of the Property in compliance with the Act.
D. This Resolution has been reviewed with respect to the applicability of the CEQA (Public Resources Code § 21000 et seq.). City staff has determined that the designation of the Property as surplus does not have the potential for creating a significant effect on the environment and is therefore exempt from further review under CEQA pursuant to State CEQA Guidelines § 15060(c)(3) because it is not a project as defined by the CEQA Guidelines § 15378.
E. Pursuant to the foregoing, the City Clerk is directed to file a Notice of Exemption pursuant to CEQA Guidelines § 15062.
F. This Resolution shall take effect upon the date of its adoption.
3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on June 13, 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
JOHN B. FRANKLIN, MAYOR
APPROVED AS TO FORM: ATTEST:
WALTER CHUNG, CITY ATTORNEY KATHY VALDEZ, CITY CLERK By: By:
APPROVED
Walter C.Chung
20230525172720
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RESOLUTION NO. 2023-
CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 4
EXHIBIT "A"
PROPERTY DESCRIPTION
The real property in the City of Vista, County of San Diego, State of California, described as follows:
APNs: 175-221-28-00 and 175-221-29-00
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RESOLUTION NO. 2023-
CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 5
EXHIBIT "B"
•
, 1
CITY OF VISTA
200 Civic Center Drive, California 92084
Telephone (760) 726-1340
NOTICE OF AVAILABILITY OF SURPLUS LAND
(Via Email)
Date: June 14, 2023
TO: Interested Local Agencies and Housing Sponsors
RE: Notice of Availability of Surplus Land in the City of Vista Pursuant to California Government Code § 54220, et seq.
Pursuant to the provisions of California Government Code § 54220, et seq., the City of Vista ("City") hereby notifies interested local agencies and housing sponsors ("Designated Parties") of the availability for lease or purchase of the following surplus land ("Property"):
Property Addresses: None: Approximately 0.61 acres (approximately 26,407 square feet) of vacant land located at the northwest corner of Vista Village and Palm Drives, Vista, CA
Assessor's Parcel No.: APNs 175-221-28-00 and 175-221-29-00 Zoning: SP-DV (Downtown Vista Specific Plan) (Civic Center) General Plan Designation: SP-DV (Downtown Vista Specific Plan) (Civic Center) Current Use: Vacant
Copies of the aerial image and assessor's parcel map showing and depicting the Property are attached. The vacant Property is in the shape of a peninsula bounded on the south by Vista Village Drive, on the north and east by Palm Drive and on the west and north by a single-family residence at 209 North Citrus Avenue. The Property is a remnant of four(4) parcels that the City acquired during the mid-1990s as a part of a right-of-way acquisition for the purpose of relocating Vista Village Drive. Approximately one-third of the Property consists of a hillside embankment that is immediately adjacent to a single-family dwelling unit parcel at 209 North Citrus Avenue.
The embankment area and the soil conditions related thereto may affect the extent of the developability of the Property and/or increase the cost of soil preparation related thereto.
Therefore, the Property is made available pursuant to this Notice in its "as-is and where-is" condition. The City will not provide a warranty with respect to the condition or suitability of the Property for any purpose.
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RESOLUTION NO. 2023-
CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 6
The SP-DV (Downtown Vista Specific Plan) (Civic Center) land use designation includes community-focused public and quasi-public uses. Examples include fire stations, court houses, government offices, libraries, public schools, public parking lots, museums, and cultural facilities, as well as ancillary uses such as community gardens or farmers' markets, consistent with Chapter
18. 47 of the Vista Development Code. No private development potential is assigned to sites designated as Civic Activity. In addition, the land use designation allows a variety of land uses.
See Table 2-1 of the Vista Development Code for further details.
A Designated Party desiring to purchase or lease the Property for any of the purposes authorized by Government Code § 54222, must file a written notice of interest with the representative designated below by the Designated Parties within 60 days from the date of this Notice of Availability as confirmed by the date set forth below (since the 60t" day falls on a weekend, the submission date has been extended to the following Monday). Designated Parties proposing to submit a notice of interest are advised to review the requirements set forth in the Surplus Land Act (Government Code §§ 54220-54234).
Please send written notices of interest via e-mail to:
Jonathan Lung
City of Vista
Homeless Services Program Manager
200 Civic Center Drive
Vista, California 92084
Jlung(a-)ci.vista.ca.us
With copies to:
Steven H. Dukett, Development Consultant to the City
2305 Chicago Avenue
Riverside, California 92507
Sdukett(@TKEengineering.com
For further information, please contact Mr. Steven H. Dukett, Managing Director of Development Services, TKE Engineering, Inc. (development consultant to City), at (909) 967-8205 or [email protected].
Consistent with the foregoing, the final day to submit a written statement of interest to either lease or purchase the Property is Monday, August 14, 2023 by 5:00 PM.
Attachments (1. Aerial Image, 2. Assessor's Parcel Map) Attachment No. 1
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RESOLUTION NO. 2023-
CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 8
Attachment No. 2
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MAP 1868 —EQUITY SECURITY NO 1
MAP 1472 —MARTIN'S ADD
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