HomeMy WebLinkAboutE-4 Staff Report - Declaration of Exempt Surplus Land_736 and 740 AngelenoCONSENT ITEM
E-4
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: SERGIO GONZALEZ, CITY MANAGER
FROM: MATT MARQUEZ, ECONOMIC AND COMMUNITY DEVELOPMENT
DIRECTOR
DATE: APRIL 18, 2022
SUBJECT: DECLARATION THAT THE PROPERTY LOCATED AT 736 AND 740 NORTH
ANGELENO AVENUE (ASSESSOR PARCEL NUMBERS 8608-021-901 AND
8608-021-902) IS EXEMPT SURPLUS LAND PURSUANT TO GOVERNMENT
CODE SECTION 54221(f)(1)(A)
BACKGROUND:
The City of Azusa (“The City”) owns and controls real property located at 736 and 740 North
Angeleno Avenue (“Property”). The Property is made up of two parcels measuring approximately
12,600 square feet combined. The site is currently vacant and located immediately adjacent to
property utilized by MTA for travel of their L-Line (Gold) light rail trains. The Property’s zoning
designation is Neighborhood General 1 – Medium Density Residential and its General Plan Land
Use Designation is Medium Density Residential.
The following map shows the subject Property.
APPROVED
CITY COUNCIL
4/18/2022
Declaration of Exempt Surplus Land – 736 and 740 North Angeleno Avenue
April 18, 2022
Page 2
RECOMMENDATIONS:
Staff recommends the City Council take the following actions:
1) Find that the declaration of exempt surplus land is exempt from environmental review
pursuant to the California Environmental Quality Act pursuant to CEQA Guidelines
Section 15312 (Surplus Government Property Sales); and
2) Adopt Resolution No. 2022-C30 declaring that the property located at 736 and 740 North
Angeleno Avenue is exempt surplus land pursuant to Government Code Section 54221
(f)(1)(A).
ANALYSIS:
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. In order to proceed to an eventual
sale of the propert y, 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 land,” as
supported by written findings.
In this instance, pursuant to Section 54221 (b)(1) of the Surplus Land Act (Government Code
Sections 54220-54234), staff is recommending the City Council declare the subject property to be
“exempt surplus land” before taking action to dispose of the property at a later date. Additionally,
Government Code Section 54221(f)(1)(A) defines “exempt surplus land” to include surplus land
that is transferred pursuant to Government Code Section 37364. Section 37364 recognizes that
real property can be utilized in accordance with the City’s best interests, to provide housing
affordable to persons and families of low or moderate income. Therefore, when the legislative
body of a city determines that any real property owned by the city can be used to provide affordable
housing to low- or moderate-income persons or families, that this use is in the city’s best interests,
Declaration of Exempt Surplus Land – 736 and 740 North Angeleno Avenue
April 18, 2022
Page 3
and the city may sell, quitclaim, convey or otherwise dispose of the real property at less than fair
market value based on certain findings. The subject property would be sold for the development
of an affordable housing project pursuant to Government Code Section 37364 based on the
following findings:
1. The Property will be sold and utilized, in accordance with the City’s best interests,
to provide affordable housing to persons and families of low or moderate income.
2. Not less than 80 percent of the area of the parcels of the Property shall be used for
development of housing.
3. Not less than 40% of the total number of those housing units developed on the
Property shall be affordable to households whose incomes are equal to or less than
75 percent of the maximum income of lower income households, and at least half
of which shall be affordable to very low-income households.
4. Dwelling units produced for persons and families of low or moderate income under
this section shall be restricted by regulatory agreement to remain continually
affordable to those persons and families for the longest feasible time, but not less
than 30 years, pursuant to a method prescribed by the city. The regulatory
agreement shall contain a provision making the covenants and conditions of the
agreement binding upon successors in interest of the housing sponsor. The
regulatory agreement shall be recorded in the office of the county recorder of the
county in which the housing development is located.
FISCAL IMPACT:
There is no fiscal impact related to this item.
Prepared by: Reviewed by:
Matt Marquez Marco Martinez
Economic and Community Development Director City Attorney
Fiscal Review by: Reviewed and Approved by:
Talika M. Johnson Sergio Gonzalez
Director of Administrative Services City Manager
Attachments:
1) Resolution No. 2022-C30 – Declaration of Exempt Surplus Land
RESOLUTION NO. 2022-C30
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA
DECLARING THAT THE PROPERTY LOCATED AT 736 AND 740 NORTH
ANGELENO AVENUE (ASSESSOR PARCEL NUMBERS 8608-021-901 AND
8608-021-902) IS EXEMPT SURPLUS LAND PURSUANT TO
GOVERNMENT CODE SECTION 54221(f)(1)(A)
WHEREAS, the City of Azusa (“City”) hereby finds, determines and declares as follows:
WHEREAS, the City owns and controls property located at 736 and 740 North Angeleno
Avenue, described in Exhibit “A” and depicted in Exhibit “B”, which are attached hereto and
incorporated herein by reference (“Property”); and
WHEREAS, the Property’s zoning designation is Neighborhood General 1 – Medium
Density Residential and its General Plan Land Use Designation is Medium Density Residential; and
WHEREAS, Assembly Bill 1486 went into effect on January 1, 2020 (“AB 1486”), and
expanded the Surplus Land Act (Government Code section 54220 et seq.) (the “Surplus Land Act”)
requirements for local agencies prior to the disposition and disposal of any “surplus land” or “exempt
surplus land”; and
WHEREAS, pursuant to Section 54221 (b)(1) of the Surplus Land Act (Government Code
Sections 54220-54234), the City Council must declare the Property to be “surplus land” or “exempt
surplus land” before the City Council takes action to dispose of the Property; and
WHEREAS, Government Code Section 54221(f)(1)(A) defines “exempt surplus land” to include
surplus land that is transferred pursuant to Government Code Section 37364; and
WHEREAS, the City desires to sell the Property for the development of an affordable
housing project thereon pursuant to Government Code Section 37364; and
NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE
CITY COUNCIL OF THE CITY OF AZUSA, AS FOLLOWS:
SECTION 1. Government Code Section 37364 authorizes a city to sell, lease, exchange,
quitclaim, convey, or otherwise dispose of real property to provide housing affordable to persons and
families of low or moderate income based on certain findings. The City’s ultimate disposition of the
Property will be done in a manner consistent with Government Code Section 37364 based on the
following findings:
1.The Property will be sold and utilized, in accordance with the City’s best interests, to
provide affordable housing to persons and families of low or moderate income.
2.Not less than 80 percent of the area of the parcels of the Property shall be used for
Attachment 1
development of housing.
3. Not less than 40% of the total number of those housing units developed on the
Property shall be affordable to households whose incomes are equal to or less than 75
percent of the maximum income of lower income households, and at least half of
which shall be affordable to very low-income households.
4. Dwelling units produced for persons and families of low or moderate income under
this section shall be restricted by regulatory agreement to remain continually
affordable to those persons and families for the longest feasible time, but not less
than 30 years, pursuant to a method prescribed by the city. The regulatory agreement
shall contain a provision making the covenants and conditions of the agreement
binding upon successors in interest of the housing sponsor. The regulatory agreement
shall be recorded in the office of the county recorder of the county in which the
housing development is located.
SECTION 2. The recitals set forth above are true and correct and are incorporated into this
Resolution by reference.
SECTION 3. The City Council hereby declares pursuant to Government Code Sections
54221(b) and 54221(f)(1)(A) that the Property is exempt surplus land, as the City intends to sell the
Property pursuant to Government Code Section 37364 for the development of an affordable housing
project that complies with the requirements of Section 37364.
SECTION 4. Any proposed agreement for the sale of the Property shall be subject to the
approval of the City Council.
SECTION 5. Staff is hereby authorized and directed to provide a copy of this Resolution to
the Department of Housing and Community Development (“HCD”) in the manner required by HCD.
SECTION 5. The declaration of the Property as exempt surplus land is exempt from
environmental review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA
Guidelines section 15312 (Surplus Government Property Sales).
SECTION 6. This Resolution shall take effect immediately upon its adoption by the City
Council, and the Clerk of the City shall attest to and certify the vote adopting this Resolution.
PASSED, APPROVED AND ADOPTED this 18th day of April, 2022.
____________________________________
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. 2022-C30 was duly adopted by the
City Council, at a regular meeting of said Agency held on the 18th day of April 2022, by the
following vote of the Council:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
___________________________________
Jeffrey Lawrence Cornejo, Jr.
City Clerk
APPROVED AS TO FORM:
___________________________________
Marco Martinez
City Attorney
EXHIBIT A
PROPERTY LEGAL DESCRIPTION
736 North Angeleno Avenue, Azusa, California, 91702:
LOT 41 AND THAT PORTION OF LOT 40 IN BLOCK 22 OF THE MAP OF AZUSA, IN THE
CITY OF AZUSA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 15, PAGES 93 TO 96, INCLUSIVE OF MISCELLANEOUS RECORDS,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS A
WHOLE AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EASTERLY LINE OF THAT 20.00 FOOT
WIDE ALLEY AS SHOWN ON SAID MAP, WITH THE NORTHERLY RIGHT-OF-WAY OF
ATCHISON, TOPEKA AND SANTA FE RAILROAD, 100.00 FEET WIDE AS SHOWN ON
TRACT NO. 46762, FILED IN BOOK 1210, PAGES 94 TO 97, INCLUSIVE OF MAPS, IN SAID
OFFICE OF THE COUNTY RECORDER; THENCE ALONG SAID EASTERLY LINE,
NOO°15'25"E 53.35 FEET TO THE NORTHWESTERLY LINE OF DEED RECORDED IN
BOOK 634, PAGE 181 OF DEEDS; THENCE LEAVING SAID EASTERLY LINE, N89°441351N
20.00 FEET TO A POINT ON THE WESTERLY LINE OF SAID 20.00 FOOT WIDE ALLEY,
SAID POINT BEING THE TRUE POINT BEGINNING; THENCE LEAVING SAID WESTERLY
LINE AND CONTINUING, N89°44'35"W 140.00 FEET TO THE EASTERLY LINE OF
ANGELENO AVENUE, 80.00 FEET WIDE, AS SHOWN ON SAID MAP; THENCE ALONG
SAID EASTERLY LINE, S00°15'25"W 112.93 FEET TO SAID NORTHERLY RIGHT-OF-WAY;
THENCE ALONG SAID RIGHT-OF-WAY, N69°49'59"E 149.39 FEET TO SAID WESTERLY
LINE OF THAT 20.00 FOOT WIDE ALLEY; THENCE ALONG SAID WESTERLY LINE,
NOO°1525"E 60.80 FEET TO THE TRUE POINT OF BEGINNING.
740 North Angeleno Avenue, Azusa, California, 91702:
LOT 40 OF BLOCK 22 IN TRACT AZUSA, AS PER MAP RECORDED IN BOOK 15, PAGES 93
THROUGH 96 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
EXHIBIT B
PROPERTY DEPICTION
Property Site and Assessor’s Map