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cc/cdc 2024 AR 08/27 notice of availability of surplus land

Vista City Council
August 27, 2024

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cc/cdc 2024 AR 08/27 notice of availability of surplus land
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August 27, 2024
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ACTION:
____________________________
Clerk/Secretary
Department: City Manager Item No: C9
Prepared by:

Jonathan Lung, Homeless Services Program Manager
Imelda Huerta, Assistant City Manager Meeting Date: August 27, 2024 Approved by: John Conley, City Manager Agenda Location: Consent SUBJECT: NOTICE OF AVAILABILITY OF SURPLUS LAND IN THE CITY OF VISTA PURSUANT TO CALIFORNIA GOVERNMENT CODE § 54220, ET SEQ. (APNs 175-305-33, 175-305-49, 179-041-01 and 179-041-02)
RECOMMENDATION:

1. Adopt City Council Resolution No. 2024- , declaring pursuant to California Government Code § 54220 et seq. that the real property located at 444 South Santa Fe Avenue (APNs 175-305-33 and 179-041- 02), Vista California is designated as surplus land and not necessary for the City’s use at this time, finding that such declaration is exempt from environmental review under the California Environmental Quality Act, and approving related actions.

2. Adopt Community Development Commission Resolution No. 2024- , declaring pursuant to California Government Code § 54220 et seq. that the real property located at 444 South Santa Fe Avenue (APNs 175-305-49 and 179-041-01), Vista California is designated as surplus land and not necessary for the Community Development Commission’s use at this time, finding that such declaration is exempt from environmental review under the California Environmental Quality Act, and approving related actions.

CORRELATION TO CITY COUNCIL GOALS: Fiscal Responsibility.

PRIOR ACTION: On May 23, 2017, adopted City Council resolution No. 2017-72, approving a purchase and sale agreement for real property located at 500 S. Santa Fe Avenue (Vote: 5-0).

On December 13, 2016, City Council adopted resolution No. 2016-181, approving a purchase and sale agreement for real property located at 444 S. Santa Fe Avenue (Vote: 4-1, Green Opposed).

STATEMENT ON THE SUBJECT: The City of Vista/Community Development Commission acquired four parcels during Fiscal Year 2016/17 as part of a right-of-way acquisition in connection with the Paseo Santa Fe Infrastructure and Streetscape Improvement Project (Project), in particular the South Santa Fe Avenue and Guajome Street roundabout. The parcels identified as assessor parcel numbers (APNs) 175- 305-33 and 179-041-02 are owned by the City of Vista (City), as more particularly described within Exhibit

3.The parcels identified as APNs 175-305-49 and 179-041-01 are owned by the Community Development Commission of the City of Vista (Commission), as more particularly described within Exhibit 3. The City and Commission property constitute the entirety of the land identified as 444 South Santa Fe Avenue, and AGENDA
REPORT

CITY COUNCIL

COMMUNITY DEVELOPMENT COMMISSION

SUCCESSOR AGENCY

BUENA SANITATION DISTRICT

JOINT POWERS FINANCING AUTHORITY
Approved above recommendation, adopted the following: 1) City Council Resolution No. 2024-149.

Vote: 5-0; 2) Community Development Commission Resolution No. 2024-04. Vote: 5-0

MEETING DATE: AUGUST 27, 2024 PAGE 2

SUBJECT: NOTICE OF AVAILABILITY OF SURPLUS LAND IN THE CITY OF VISTA PURSUANT TO CALIFORNIA GOVERNMENT CODE § 54220, ET SEQ. (APNs 175-305-33, 175-305-49, 179-041-01, and 179-041-02)

represent the remainder of the land that was not required for the Project, which has been completed. The City Property and the Commission Property are zoned as SP-DV (Specific Plan - Downtown Vista) (Paseo Sante Fe District) (the “Applicable Zoning”).

Pursuant to the California Surplus Property Land Act (SLA), California Government Code (GC) § 54220 et seq. (SLA) and the guidelines issued by the California Department of Housing and Community Development (HCD) (Guidelines), in order for real property to be disposed of, for any purpose, such land must first undergo the noticing process set forth in the SLA and expounded upon by the Guidelines. The noticing process requires that a written notice be issued calling for written expressions of interest after the public entity owner has designated such land as surplus by taking a formal action at a public meeting of such public agency. The SLA, as expounded upon by the Guidelines, provides that such land shall be declared either surplus land or exempt surplus land (if specific criteria are met, which do not apply to the City Property and Commission Property) before a public entity may take action to dispose of it. GC § 54222, requires a public entity, if it declares land it owns to be surplus and not necessary for the public entity’s use, to provide written notice thereof to certain local agencies and housing sponsors designated by HCD (Notice Recipients); the form of such Notice is included as Exhibit C (Notice of Availability).

Because the City and the Commission intend to declare their adjacent land to be surplus and not necessary for the City’s and Commission’s use and to provide written notice thereof to the Notice Recipients, it is appropriate and efficient that the Notice of Availability for the City Property and the Commission Property be combined into a single Notice of Availability as a single site. The Notice of Availability provides the Notice Recipients a 60-day opportunity to provide a written expression of interest to negotiate for the sale or lease of real property consistent with the parameters for such negotiations provided by the SLA. Failure to follow the procedures described in the SLA with respect to the noticing process and related actions, may subject a public entity to financial and other penalties and measures and may frustrate the ability of the public entity to further its achievement of development goals.

The Notice of Availability is not a request for proposals, does not bind the public entity to any disposition of real property and such real property remains subject to the Applicable Zoning. The SLA does not impose any mandates or timeframes with respect to the disposition of real property. In addition to the foregoing, under the SLA and the Guidelines, HCD has certain monitoring responsibilities concerning negotiations with Notice Recipients, if any, for the purpose of confirming that such negotiations were conducted within the parameters described in the SLA.

Pursuant to § 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), the attached Resolutions are exempt from CEQA because the actions described herein will not result in a direct or reasonably foreseeable indirect physical change in the environment and the actions described herein are not a “Project”, as defined within § 15378 of the CEQA Guidelines. If the Commission and City properties are 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.

FISCAL IMPACT: There are no immediate fiscal impacts related to the approval of the attached Resolutions. However, future actions such as selling or leasing the properties may impact future budgets, at which time, staff will return to City Council for approval.

MEETING DATE: AUGUST 27, 2024 PAGE 3

SUBJECT: NOTICE OF AVAILABILITY OF SURPLUS LAND IN THE CITY OF VISTA PURSUANT TO CALIFORNIA GOVERNMENT CODE § 54220, ET SEQ. (APNs 175-305-33, 175-305-49, 179-041-01, and 179-041-02)

EXHIBITS:

1. City Council Resolution No. 2024- , declaring pursuant to California Government Code § 54220 et seq. that the real property located at 444 South Santa Fe Avenue (APNs 175-305-33 and 179-041-02), Vista California is designated as surplus land and not necessary for the City’s use at this time, finding that such declaration is exempt from environmental review under the California Environmental Quality Act, and approving related actions

2. Community Development Commission Resolution No. 2024- , declaring pursuant to California Government Code § 54220 et seq. that the real property located at 444 South Santa Fe Avenue (APNs 175-305-49 and 179-041-01), Vista California is designated as surplus land and not necessary for the Community Development Commission’s use at this time, finding that such declaration is exempt from environmental review under the California Environmental Quality Act, and approving related actions

3. Notice of Availability Letter

ACTION:

____________________________
Clerk/Secretary

Department: City Manager Item No: C9
Prepared by:

Jonathan Lung, Homeless Services Program Manager
Imelda Huerta, Assistant City Manager Meeting Date: August 27, 2024 Approved by: John Conley, City Manager Agenda Location: Consent

SUBJECT: NOTICE OF AVAILABILITY OF SURPLUS LAND IN THE CITY OF VISTA PURSUANT TO CALIFORNIA GOVERNMENT CODE § 54220, ET SEQ. (APNs 175-305-33, 175-305-49, 179-041-01 and 179-041-02)

RECOMMENDATION:

1. Adopt City Council Resolution No. 2024- , declaring pursuant to California Government Code § 54220 et seq. that the real property located at 444 South Santa Fe Avenue (APNs 175-305-33 and 179-041- 02), Vista California is designated as surplus land and not necessary for the City’s use at this time, finding that such declaration is exempt from environmental review under the California Environmental Quality Act, and approving related actions.

2. Adopt Community Development Commission Resolution No. 2024- , declaring pursuant to California Government Code § 54220 et seq. that the real property located at 444 South Santa Fe Avenue (APNs 175-305-49 and 179-041-01), Vista California is designated as surplus land and not necessary for the Community Development Commission’s use at this time, finding that such declaration is exempt from environmental review under the California Environmental Quality Act, and approving related actions.

CORRELATION TO CITY COUNCIL GOALS: Fiscal Responsibility.

PRIOR ACTION: On May 23, 2017, adopted City Council resolution No. 2017-72, approving a purchase and sale agreement for real property located at 500 S. Santa Fe Avenue (Vote: 5-0).

On December 13, 2016, City Council adopted resolution No. 2016-181, approving a purchase and sale agreement for real property located at 444 S. Santa Fe Avenue (Vote: 4-1, Green Opposed).

STATEMENT ON THE SUBJECT: The City of Vista/Community Development Commission acquired four parcels during Fiscal Year 2016/17 as part of a right-of-way acquisition in connection with the Paseo Santa Fe Infrastructure and Streetscape Improvement Project (Project), in particular the South Santa Fe Avenue and Guajome Street roundabout. The parcels identified as assessor parcel numbers (APNs) 175- 305-33 and 179-041-02 are owned by the City of Vista (City), as more particularly described within Exhibit

3. The parcels identified as APNs 175-305-49 and 179-041-01 are owned by the Community Development Commission of the City of Vista (Commission), as more particularly described within Exhibit 3. The City and Commission property constitute the entirety of the land identified as 444 South Santa Fe Avenue, and

AGENDA
REPORT

CITY COUNCIL

COMMUNITY DEVELOPMENT COMMISSION

SUCCESSOR AGENCY

BUENA SANITATION DISTRICT

JOINT POWERS FINANCING AUTHORITY
08/27/2024 C9 1 of 15

MEETING DATE: AUGUST 27, 2024 PAGE 2

SUBJECT: NOTICE OF AVAILABILITY OF SURPLUS LAND IN THE CITY OF VISTA PURSUANT TO CALIFORNIA GOVERNMENT CODE § 54220, ET SEQ. (APNs 175-305-33, 175-305-49, 179-041-01, and 179-041-02)

represent the remainder of the land that was not required for the Project, which has been completed. The City Property and the Commission Property are zoned as SP-DV (Specific Plan - Downtown Vista) (Paseo Sante Fe District) (the “Applicable Zoning”).

Pursuant to the California Surplus Property Land Act (SLA), California Government Code (GC) § 54220 et seq. (SLA) and the guidelines issued by the California Department of Housing and Community Development (HCD) (Guidelines), in order for real property to be disposed of, for any purpose, such land must first undergo the noticing process set forth in the SLA and expounded upon by the Guidelines. The noticing process requires that a written notice be issued calling for written expressions of interest after the public entity owner has designated such land as surplus by taking a formal action at a public meeting of such public agency. The SLA, as expounded upon by the Guidelines, provides that such land shall be declared either surplus land or exempt surplus land (if specific criteria are met, which do not apply to the City Property and Commission Property) before a public entity may take action to dispose of it. GC § 54222, requires a public entity, if it declares land it owns to be surplus and not necessary for the public entity’s use, to provide written notice thereof to certain local agencies and housing sponsors designated by HCD (Notice Recipients); the form of such Notice is included as Exhibit C (Notice of Availability).

Because the City and the Commission intend to declare their adjacent land to be surplus and not necessary for the City’s and Commission’s use and to provide written notice thereof to the Notice Recipients, it is appropriate and efficient that the Notice of Availability for the City Property and the Commission Property be combined into a single Notice of Availability as a single site. The Notice of Availability provides the Notice Recipients a 60-day opportunity to provide a written expression of interest to negotiate for the sale or lease of real property consistent with the parameters for such negotiations provided by the SLA. Failure to follow the procedures described in the SLA with respect to the noticing process and related actions, may subject a public entity to financial and other penalties and measures and may frustrate the ability of the public entity to further its achievement of development goals.

The Notice of Availability is not a request for proposals, does not bind the public entity to any disposition of real property and such real property remains subject to the Applicable Zoning. The SLA does not impose any mandates or timeframes with respect to the disposition of real property. In addition to the foregoing, under the SLA and the Guidelines, HCD has certain monitoring responsibilities concerning negotiations with Notice Recipients, if any, for the purpose of confirming that such negotiations were conducted within the parameters described in the SLA.

Pursuant to § 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), the attached Resolutions are exempt from CEQA because the actions described herein will not result in a direct or reasonably foreseeable indirect physical change in the environment and the actions described herein are not a “Project”, as defined within § 15378 of the CEQA Guidelines. If the Commission and City properties are 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.

FISCAL IMPACT: There are no immediate fiscal impacts related to the approval of the attached Resolutions. However, future actions such as selling or leasing the properties may impact future budgets, at which time, staff will return to City Council for approval.

08/27/2024 C9 2 of 15

MEETING DATE: AUGUST 27, 2024 PAGE 3
SUBJECT: NOTICE OF AVAILABILITY OF SURPLUS LAND IN THE CITY OF VISTA PURSUANT TO CALIFORNIA GOVERNMENT CODE § 54220, ET SEQ. (APNs 175-305-33, 175-305-49, 179-041-01, and 179-041-02)
EXHIBITS:

1.City Council Resolution No. 2024- , declaring pursuant to California Government Code § 54220 et seq. that the real property located at 444 South Santa Fe Avenue (APNs 175-305-33 and 179-041-02), Vista California is designated as surplus land and not necessary for the City’s use at this time, finding that such declaration is exempt from environmental review under the California Environmental Quality Act, and approving related actions

2.Community Development Commission Resolution No. 2024- , declaring pursuant to California Government Code § 54220 et seq. that the real property located at 444 South Santa Fe Avenue (APNs 175-305-49 and 179-041-01), Vista California is designated as surplus land and not necessary for the Community Development Commission’s use at this time, finding that such declaration is exempt from environmental review under the California Environmental Quality Act, and approving related actions

3.Notice of Availability Letter
08/27/2024 C9 3 of 15

00029213 7
RESOLUTION NO. 2024-

A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF

VISTA, CALIFORNIA, DECLARING PURSUANT TO CALIFORNIA
GOVERNMENT CODE § 54220 ET SEQ. THAT THE REAL PROPERTY
LOCATED AT 444 SOUTH SANTA FE AVENUE (APNS 175-305-33 and 179- 041-02), VISTA CALIFORNIA IS DESIGNATED AS SURPLUS LAND AND NOT NECESSARY FOR THE CITY’S USE AT THIS TIME, FINDING THAT

SUCH DECLARATION IS EXEMPT FROM ENVIRONMENTAL REVIEW

UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND

APPROVING 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.During Fiscal Year 2016-17, the City acquired property for public right-of-way purposes in connection with the Paseo Santa Fe Infrastructure and Streetscape Improvement Project (the “Project”), in particular the South Santa Fe Avenue and Guajome Street roundabout.

B. The City owns two parcels, APNs 175-305-33 and 179-041-02, which are adjacent to two parcels owned by the Community Development Commission of the City of Vista and were also acquired in connection with the Project. The Commission Property and the City Property together constitute the entirety of the land identified as 444 South Santa Fe Avenue, Vista, California and represent the remainder of the land that was not required for the Project, which has been completed.

D. Pursuant to the California Surplus Property Land Act, California Government Code (the “GC”) § 54220 et seq. (the “SLA”) and the Guidelines issued by the California Department of Housing and Community Development (the “HCD”) (the “Guidelines”), in order for real property to be disposed of, for any purpose, such land must first undergo the noticing process set forth in the SLA and expounded upon by the Guidelines. The noticing process requires that a written notice be issued calling for written expressions of interest after the public entity owner has designated such land as surplus by the taking a formal action at a public meeting of such public agency. The SLA, as expounded upon by the Guidelines, provides that such land shall be declared either surplus land or exempt surplus land (if specific criteria are met, which do not apply to the Commission Property and City Property) before a public entity may take action to dispose of it; and GC § 54222, requires a public entity, if it declares land it owns to be surplus and not necessary for the public entity’s use, to provide written notice thereof to certain local agencies and housing sponsors designated by HCD (the “Notice Recipients”).

E. The City intends to declare the City Property to be surplus and not necessary for the City’s use and to provide written notice thereof to the Notice Recipients, it is appropriate and efficient that the Notice of Availability for the City Property and the Commission Property be combined into a single Notice of Availability as a single site. The Notice of Availability provides the Notice Recipients a 60-day opportunity to provide a written expression of interest to negotiate for the sale or lease of real property consistent with the parameters for such negotiations provided by the SLA.

F. The Notice of Availability is not a request for proposals, does not bind the public entity to any disposition of real property and such real property remains subject to the Applicable 08/27/2024 C9 4 of 15
EXHIBIT 1

RESOLUTION NO. 2024-

CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 2
00029213 7EXH 1 - Reso - Vista SLA Surplus Declaration Resolution for 444 S.docx Zoning; and the SLA does not impose any mandates or timeframes with respect to the disposition of real property.

G. In addition to the foregoing, under the SLA and the Guidelines, HCD has certain monitoring responsibilities concerning negotiations with Notice Recipients, if any, for the purpose of confirming that such negotiations were conducted within the parameters described in the SLA; and 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), this Resolution is exempt from CEQA because the actions described herein will not result in a direct or reasonably foreseeable indirect physical change in the environment and the actions described herein are not a “Project”.

H. As defined within § 15378 of the CEQA Guidelines, if and when the Commission Property and City Property are 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; and all of the prerequisites with respect to the approval of this Resolution have been met.

Action.

A. Adopt a Resolution of the City Council of the Chartered City of Vista, California declaring pursuant to California Government Code § 54220 et seq. that the real property located at 444 South Santa Fe Avenue (APNs 175-305-33 and 179-041-02), Vista California is designated as surplus land and not necessary for the City’s use at this time, finding that such declaration is exempt from environmental review under the California Environmental Quality Act, and approving related actions.

B. City Council authorizes 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 SLA and the Guidelines with any of the Notice Recipients that submit a written notice of interest as to the disposition of the City Property in compliance with the SLA.
08/27/2024 C9 5 of 15

RESOLUTION NO. 2024-

CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 3
00029213 7EXH 1 - Reso - Vista SLA Surplus Declaration Resolution for 444 S.docx

2. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on August 27, 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

APPROVED AS TO FORM:

WALTER CHUNG, CITY ATTORNEY
By:

APPROVED
Walter C. Chung
20240820134108
JOHN B. FRANKLIN, MAYOR
ATTEST:

KATHY VALDEZ, CITY CLERK
By:
08/27/2024 C9 6 of 15

00056394 5
RESOLUTION NO. 2024-

A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF

THE CITY OF VISTA, CALIFORNIA, DECLARING PURSUANT TO
CALIFORNIA GOVERNMENT CODE § 54220 ET SEQ. THAT THE REAL PROPERTY LOCATED AT 444 SOUTH SANTA FE AVENUE (APNS 175-305- 49 and 179-041-01), VISTA CALIFORNIA IS DESIGNATED AS SURPLUS

LAND AND NOT NECESSARY FOR THE COMMUNITY DEVELOPMENT
COMMISSION’S USE AT THIS TIME, FINDING THAT SUCH DECLARATION

IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT, AND APPROVING RELATED ACTIONS The Community Development Commission does resolve as follows:

1. Findings. The Community Development Commission hereby finds and declares the following:

A.During Fiscal Year 2016-17, the City acquired property for public right-of-way purposes in connection with the Paseo Santa Fe Infrastructure and Streetscape Improvement Project (the “Project”), in particular the South Santa Fe Avenue and Guajome Street roundabout.

B. The Community Development Commission owns two parcels, APNs 175-305-49 and 179-041-01, which are adjacent to two parcels owned by the City of Vista and were also acquired in connection with the Project. The Commission Property and the City Property together constitute the entirety of the land identified as 444 South Santa Fe Avenue, Vista, California and represent the remainder of the land that was not required for the Project, which has been completed.

D. Pursuant to the California Surplus Property Land Act, California Government Code (the “GC”) § 54220 et seq. (the “SLA”) and the Guidelines issued by the California Department of Housing and Community Development (the “HCD”) (the “Guidelines”), in order for real property to be disposed of, for any purpose, such land must first undergo the noticing process set forth in the SLA and expounded upon by the Guidelines. The noticing process requires that a written notice be issued calling for written expressions of interest after the public entity owner has designated such land as surplus by the taking a formal action at a public meeting of such public agency. The SLA, as expounded upon by the Guidelines, provides that such land shall be declared either surplus land or exempt surplus land (if specific criteria are met, which do not apply to the Commission Property and City Property) before a public entity may take action to dispose of it; and GC § 54222, requires a public entity, if it declares land it owns to be surplus and not necessary for the public entity’s use, to provide written notice thereof to certain local agencies and housing sponsors designated by HCD (the “Notice Recipients”); the form of such Notice is included as Exhibit “A” to this Resolution (the “Notice of Availability”).

E. The Commission intends to declare the Commission Property to be surplus and not necessary for the Commission’s use and to provide written notice thereof to the Notice Recipients, it is appropriate and efficient that the Notice of Availability for the City Property and the Commission Property be combined into a single Notice of Availability as a single site. The Notice of Availability provides the Notice Recipients a 60-day opportunity to provide a written expression of interest to negotiate for the sale or lease of real property consistent with the parameters for such negotiations provided by the SLA.
08/27/2024 C9 7 of 15
EXHIBIT 2

RESOLUTION NO. 2024-

THE COMMUNITY DEVELOPMENT COMMISSION
PAGE 2
00056394 5
F. The Notice of Availability is not a request for proposals, does not bind the public entity to any disposition of real property and such real property remains subject to the Applicable Zoning; and the SLA does not impose any mandates or timeframes with respect to the disposition of real property.

G. In addition to the foregoing, under the SLA and the Guidelines, HCD has certain monitoring responsibilities concerning negotiations with Notice Recipients, if any, for the purpose of confirming that such negotiations were conducted within the parameters described in the SLA; and 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), this Resolution is exempt from CEQA because the actions described herein will not result in a direct or reasonably foreseeable indirect physical change in the environment and the actions described herein are not a “Project”.

H. As defined within § 15378 of the CEQA Guidelines, if and when the Commission Property and City Property are 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; and all of the prerequisites with respect to the approval of this Resolution have been met.

2. Action.

A. Adopt a Resolution of the Community Development Commission City of Vista, California declaring pursuant to California Government Code § 54220 et seq. that the real property located at 444 South Santa Fe Avenue (APNs 175-305-49 and 179-041-01), Vista California is designated as surplus land and not necessary for the City’s use at this time, finding that such declaration is exempt from environmental review under the California Environmental Quality Act, and approving related actions.

B. City Council authorizes 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 SLA and the Guidelines with any of the Notice Recipients that submit a written notice of interest as to the disposition of the City Property in compliance with the SLA.
08/27/2024 C9 8 of 15

RESOLUTION NO. 2024-

THE COMMUNITY DEVELOPMENT COMMISSION
PAGE 3
00056394 5

3. Adoption. PASSED AND ADOPTED at a meeting of the Community Development Commission of the City of Vista held on August 27, 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

APPROVED AS TO FORM:

WALTER CHUNG, COMMISSION COUNSEL
By:

APPROVED
Walter C. Chung
20240820134232
JOHN B. FRANKLIN, CHAIRPERSON
ATTEST:

KATHY VALDEZ, COMMISSION SECRETARY
By:
08/27/2024 C9 9 of 15

EXHIBIT “3”

FORM OF

NOTICE OF AVAILABILITY OF SURPLUS LAND
(Via Email)
Date: ________, 2024
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 California Government Code (“GC”) § 54221 (b) (4), the City of Vista (“City”) and the Community Development Commission of the City of Vista (“Commission”) are herewith notifying local public entities and housing sponsors, as defined in GC § 54222 (a) (1) (“Notice Recipients”), of its determination that the City-owned and Commission-owned land (constituting a single site) described below (“Property”) are surplus land:

Property Addresses: 444 South Santa Fe Avenue, Vista, CA 92084: located along South Sante Fe Avenue, west of Monte Vista Drive
at the Guajome Street Roundabout
Assessor’s Parcel Nos.: APNs 175-305-33 and 179-041-02 (City Owned) APNs 175-305-49 and 179-041-01 (Commission Owned)
Zoning: SP-DV (Specific Plan - Downtown Vista) (Paseo Santa Fe District)
General Plan Designation: SP-DV (Specific Plan - Downtown Vista) (Paseo Santa Fe District)
Current Use: Vacant
Copies of an aerial image and assessor map depicting the Property are attached. To learn more about the SP-DV Paseo Sante Fe District, please visit the City’s website at this link:
https://records.cityofvista.com/WebLink/DocView.aspx?dbid=0&id=1357569&cr=1 The Property consists of approximately 0.81 acres. The Property may require subdivision and the installation of certain types of in-tract infrastructure improvements as a prerequisite to the development of the land and all such costs and any other costs related to the development of the Property are the responsibility of the land developer. It will be the sole responsibility of the lessee or buyer, at their sole expense, to develop the Property in such a way that it could be developed in a manner that is consistent with the City’s SP-DV Paseo Sante Fe District and applicable building codes. This includes, but is not limited to, all current or amended land use entitlements, if any. Further, it is recommended that the Notice Recipients review the Downtown Vista Specific Plan, which is available at the above provided link.

The City envisions that the Property will be developed into a creative mixed-use project that engages pedestrians and further activates the Paseo Santa Fe corridor. In general, the SP-DV Paseo Sante Fe District encourages developments that provides a space for working artists to enable them to practice their craft and sell their handiwork on-site. Metal fabrication, woodworking, glass blowing, pottery and ceramics, upholstery and needlework, succulent nurseries, and similar types of crafts are examples of activities that would be compatible. The City promotes revitalization in the SP-DV Paseo Sante Fe District in order to expand cultural and artistic venues within the City, with a focus on the industrial arts along Mercantile Street. Retail space, small business incubators, outdoor reaction and seating areas and casual eating 08/27/2024 C9 10 of 15
EXHIBIT 3

-2-

establishments are also desired to support the SP-DV Paseo Sante Fe District. In addition, providing connections to the Inland Rail Trail are desired to ensure high levels of pedestrian and bicycle activity.

The City and Commission intend that any disposition of the Property will be in bulk (i.e., no less than the whole of Property), in an as-is, where-is condition at a market rate, without offset, discount or purchase money financing from the City/Commission.

A Notice Recipient desiring to lease or purchase the Property for any of the purposes authorized by GC § 54222, must file a written notice of Interest (“NOI”) with the City/Commission (via certified mail or email; email preferred) within 60 days from the date this Notice of Availability (“NOA”) was promulgated via email, as indicated by the date set forth below. However, the SLA and this NOA do not obligate the City/Commission to sell or lease the Property. If one or more NOI are received during the aforementioned 60-day period, the City/Commission will review and consider such NOIs and seek additional and follow-up information, as may be needed and appropriate, to enable the City/Commission to confirm the viability of an offer, consistent with GC § 54223, which could be over a period of at least ninety (90) days or more, as may be needed. Further, any and all costs incurred by a Notice Recipient or any other entity or person responding to this NOA and any follow-up requested by the City/Commission shall be the sole responsibility of the Notice Recipient or any other entity or person responding to the NOA. Without limitation, the City/Commission shall not be responsible for any third-party expenses in connection with responding to the NOA.

California Housing and Community Development Department Disclosure:

Although the information provided below is clearly stated in GC § 54227, HCD requests that the following information also be included within an NOA:

“As required by GC § 54227, if the City/Commission receives more than one NOI during the 60-day period, it will give first priority to entities proposing to develop housing where at least 25 percent of the units will be affordable to lower income households. If more than one such proposal is received, priority will be given to the proposal with the greatest number of affordable units. If more than one proposal specifies the same number of affordable units, priority will be given to the proposal that has the lowest average affordability level.”

Notice Recipients are strongly encouraged to carefully review the requirements set forth in the Surplus Land Act (GC §§ 54220-54234), the Vista General Plan, Zoning Ordinance, SP-DV Paseo Sante Fe District and inspect the Property prior to submitting a NOI.

Please send written NOIs via certified mail or email (email is preferred, but not required) to ATTN:

Imelda Huerta, Assistant City Manager
Jonathan Lung, Homeless Services Program Manager
City of Vista
200 Civic Center Drive
Vista, California 92084
[email protected]
[email protected]

With copies to:

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Steven H. Dukett, Development Consultant to the City
2305 Chicago Avenue
Riverside, California 92507
[email protected]
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].

The final day to submit a written NOI to either lease or purchase the Property is _________, _______, 2024 by 5:00 PM.

Attachments (1. Arial Image and 2. Assessor Maps)
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Attachment No. 1

AERIAL IMAGE OF THE PROPERTY

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Attachment No. 2
ASSESSOR’S PARCEL MAPS OF THE PROPERTY
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