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HomeMy WebLinkAboutG-2 Staff Report - Declaration of Surplus Land 975 W. Foothill BlvdSUCCESSOR AGENCY ITEM G-2 TO: MEMBERS OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE CITY OF AZUSA REDEVELOPMENT AGENCY VIA: SERGIO GONZALEZ, CITY MANAGER FROM: MATT MARQUEZ, ECONOMIC AND COMMUNITY DEVELOPMENT DIRECTOR DATE: AUGUST 17, 2020 SUBJECT: DECLARATION OF SURPLUS PROPERTY PURSUANT TO AB 1486 – 975 WEST FOOTHILL BOULEVARD IN THE CITY OF AZUSA, CALIFORNIA, COUNTY OF LOS ANGELES, (APNS: 8605-019-906 AND 907) BACKGROUND & ANALYSIS: The Site The Successor Agency to the City’s former Redevelopment Agency (“Successor Agency) owns and controls real property located at 975 West Foothill Boulevard (“Site”). The Site is made up of two parcels measuring approximately 1.52 acres. It is the former home of the D-Club and is currently vacant. The zoning designation for the subject property is DWL – West End Light Industrial District and its General Plan Land Use Designation is Light Industrial. The subject properties are located in the westerly portion of the City in an area characterized by light industrial and commercial properties and establishments. Previously the Successor Agency entered into a Purchase and Sale Agreement with a developer for a retail/restaurant development including the option of not more than 4,000 square feet of medical use. However, the schedule of performance was not met and as a result the agreement was terminated. The following map shows the subject parcels. APPROVED CITY COUNCIL 8/17/2020 Declaration of Surplus Property – 975 West Foothill Boulevard August 17, 2020 Page 2 of 4 AB 1486 / Surplus Land Act The California Surplus Land Act requires all local agencies to prioritize affordable housing, as well as parks and open space when disposing of surplus land. Given that the Site is located in a light industrial district, they may ultimately be developed as a light industrial or a commercial land use. Nevertheless, in order to proceed to an eventual sale of the properties, it is necessary to comply with the Surplus Land Act. New legislation (AB 1486) which took effect on January 1, 2020 requires that before a local agency takes any action to dispose of land, the land must be declared either “surplus land” or “exempt surplus Declaration of Surplus Property – 975 West Foothill Boulevard August 17, 2020 Page 3 of 4 land,” as supported by written findings. “Surplus land” means the land owned by a local agency for which the local agency’s governing body takes formal action in a regular public meeting declaring that the land is surplus and is not necessary for the agency’s use. The Successor Agency must take formal action declaring the subject Successor Agency-owned property is surplus property. Adoption of the attached Resolution would declare the subject properties as surplus land. Upon the Successor Agency’s determination that the subject properties are surplus land, the procedures set forth in Government Code Section 54220 et seq. must be followed. Those procedures require the Successor Agency to offer the sale or lease of surplus land to certain public entities for a period of 60 days by transmitting a written notice of availability to those entities, including: 1. For the purpose of developing low and moderate income housing, a written notice of availability of the surplus land shall be sent to any “local public entity” as defined in Health and Safety Code 50079 within whose jurisdiction the surplus land is located and to “Housing Sponsors” that have notified the California Department of Housing and Community Development (HCD) of their interest in surplus land. 2. For open space purposes, a written notice of availability of the surplus land shall be sent to local park districts. 3. For the purpose of use by a school district for school facilities construction or open space purposes, a written notice of availability of surplus land shall be sent to the Azusa Unified School District. 4. To any other public entities with jurisdiction over the parcels of surplus land a written notice of availability. If the Successor Agency receives a correspondence expressing interest from any of the above entities after transmitting a written notice of availability, the Successor Agency is required to enter into good faith negotiations concerning the price and terms of the sale with that entity for a period of 90 days. If the price and terms cannot be agreed upon after 90 days (or if no entity gives notice of interest), the Successor Agency may sell the surplus land without further regard to the surplus land procedures. RECOMMENDATION: Find that the declaration of surplus property is exempt from environmental review pursuant to the California Environmental Quality Act; and adopt a Resolution No. 2020-R12 declaring that the property located at 975 West Foothill Boulevard (APNs: APNS: 8605-019-906 and 907) is surplus land and is no longer necessary for the City’s use and directing the City Manager to follow the procedures set forth in the Surplus Land Act, California Government Code Section 54220, et seq., as amended by AB 1486, for the sale of surplus land. ENVIRONMENTAL ANALYSIS The action is exempt from environmental review pursuant to the California Environmental Quality Act (Pub. Resources Code, § 2100 et seq.) and State CEQA Guidelines (Cal. Code Regs. Tit. 14, §15312) which applies to the declaration and sale of surplus government property. Declaration of Surplus Property – 975 West Foothill Boulevard August 17, 2020 Page 4 of 4 FISCAL IMPACT There would be no fiscal impact related to this item. Prepared by: Reviewed by: Matt Marquez Marco Martinez Economic and Community Development Director City Attorney Reviewed and Approved by: Sergio Gonzalez City Manager Attachments: 1) Resolution No. 2020-R122)Draft Notice of Availability RESOLUTION NO. 2020-R12 A RESOLUTION OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA DECLARING THAT THE PROPERTY LOCATED AT 975 WEST FOOTHILL BOULEVARD (APNS: 8605-019-906 AND 907) IS SURPLUS LAND AND IS NO LONGER NECESSARY FOR THE CITY’S USE AND DIRECTING THE CITY MANAGER TO FOLLOW THE PROCEDURES SET FORTH IN THE SURPLUS LAND ACT, CALIFORNIA GOVERNMENT CODE SECTION 54220, ET SEQ., AS AMENDED BY AB 1486, FOR THE SALE OF SURPLUS LAND WHEREAS, the Successor Agency to the Redevelopment Agency of the City of Azusa (“Successor Agency”) hereby finds, determines and declares as follows: WHEREAS, the and the Successor Agency owns and controls property located at 975 West Foothill Boulevard (consisting of APNs: 8605-019-906 AND 907) which consists of approximately 1.52 acres of land (the “Property”); WHEREAS, the Property is the former home of the D-Club night club, and is currently undeveloped; WHEREAS, the Property’s zoning designation is DWL – West End Light Industrial District and its General Plan Land Use Designation is Light Industrial; WHEREAS, Assembly Bill 1486 went into effect on January 1, 2020 (“AB 1486”), and expanded the Surplus Land Act requirements for local agencies prior to the disposition and disposal of any “surplus land”; and WHEREAS, the Property meets the definition of “surplus land”, is no longer necessary for the City’s use, and does not meet any of the applicable exemptions from the Surplus Land Act as emended by AB 1486; and WHEREAS, City staff will have an appraisal of the property performed to establish its market value; and WHEREAS, the City portion of the sale proceeds and property tax generated may provide funding to enhance City services, and the future development of the Property would eliminate blight and promote neighborhood livability and sustainability. NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA, AS FOLLOWS: SECTION 1. The recitals set forth above are true and correct and are incorporated into this Resolution by reference. . SECTION 2. The Successor Agency hereby finds and declares that the Property is no longer necessary for the City’s use and is surplus land, as defined in California Government Code section 54221, based on the true and correct written findings found in this Resolution and incorporated herein Attachment 1 by reference. SECTION 3. The Successor Agency hereby authorizes the City Manager or designee to send written notices of availability of the Property for sale, to negotiate the terms of a proposed sale of the Property, to any beneficially interested person or entity and to otherwise follow the procedures of the Surplus Land Act, California Government Code section 54220., et seq., as amended on January 1, 2020, as applicable to a proposed sale of the Property. SECTION 4. Any proposed agreement for the sale of the Property shall be subject to the approval of the Successor Agency. SECTION 5. The sale of the Property as surplus is exempt from environmental review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15312 (Surplus Government Property Sales)/ However, if development was proposed on the Property by a subsequent buyer, then that development would be reviewed under CEQA. SECTION 6. This Resolution shall take effect immediately upon its adoption by the Successor Agency, and the Clerk of the Agency shall attest to and certify the vote adopting this Resolution. PASSED, APPROVED AND ADOPTED this 17th day of August, 2020. ____________________________________ Robert Gonzales Mayor ATTEST: ____________________________________ Jeffrey Lawrence Cornejo, Jr. City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA ) I HEREBY CERTIFY that the foregoing Resolution No. 2020-R12 was duly adopted by the Successor Agency to the City of Azusa Redevelopment Agency, at a regular meeting of said Agency held on the 17th day of August 2020, by the following vote of the Agency: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ___________________________________ Jeffrey Lawrence Cornejo, Jr. City Clerk APPROVED AS TO FORM: ___________________________________ Marco Martinez City Attorney SUCCESSOR AGENCY - AZUSA NOTICE OF AVAILABILITY OF SURPLUS LAND August 18, 2020 TO: Whom It May Concern RE: Notice of Availability of Surplus Land at 975 West Foothill Boulevard in the City of Azusa Pursuant to California Government Code Section 54220 et seq. (the “Act”) Pursuant to Government Code Section 54220 et. seq. (the "Act), the Successor Agency to the City of Azusa’s Redevelopment Agency (“Successor Agency”) hereby notifies your agency or organization of the availability of the following Successor Agency land described in this notice for the purposes authorized under the Act, which the Successor Agency has declared surplus before taking action to dispose of it consistent with the Act. In the event your agency or organization is interested in purchasing or leasing the property described in this notice for purposes authorized under the Act, you must notify the Successor Agency in writing within sixty (60) days of the date of this notice. Written notices must be sent and must be received by Mr. Matt Marquez by 5pm on October 19, 2020 at either the following mail or email addresses: Matt Marquez City of Azusa Director of Economic & Community Development Director 213 East Foothill Boulevard P.O. Box 1395 Azusa, CA 91702 mmarquez@azusaca.gov Questions may be emailed to Mr. Marquez at the above mentioned email address. Thank you for your attention to this notice. Attachment 2 CITY OF AZUSA NOTICE OF AVAILABILITY OF SURPLUS LAND Yellow = Successor Agency APN ADDRESS SIZE (AC) ZONING GENERAL PLAN DESIGNATION CURRENT USE CURRENT OWNER 8605-019- 906 & 907 975 W. Foothill Blvd. 1.52 DWL - West End Industrial District Light Industrial Vacant Successor Agency SUCCESSOR AGENCY - AZUSA NOTICE OF AVAILABILITY OF SURPLUS LAND