DATE: January 21, 2025
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT
Title
Adopt a Resolution Declaring the Vacated Right-of-Way of Valley Street, Between 4th Street and C Street, as Exempt Surplus Land Pursuant to the Surplus Land Act; Authorizing the City Manager to Negotiate Disposition of the Exempt Surplus Land; and Finding that the Action is Exempt from CEQA Review
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RECOMMENDATION
Recommendation
That Council adopts a resolution (Attachment II) declaring the vacated right-of-way of Valley Street, between 4th Street and C Street (Attachment III) as “Exempt Surplus Land” as per the 2024 amendments (AB 480 etc.) to the Surplus Land Act, being less than one-half acre in area and a vacated street right-of-way to be merged with its adjoining existing lots. The land area is small and not suitable for affordable housing development. Additionally, authorize the City Manager to negotiate the sale of this exempt surplus land to adjoining lot owners.
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SUMMARY
That Council adopts a resolution (Attachment II) declaring the vacated right-of-way of Valley Street, between 4th Street and C Street (Attachment III) as “Exempt Surplus Land” as per the 2024 amendments (AB 480 etc.) to the Surplus Land Act, being less than one-half acre in area and a vacated street right-of-way to be merged with its adjoining existing lots. The land area is small and not suitable for affordable housing development. Additionally, authorize the City Manager to negotiate the sale of this exempt surplus land to adjoining lot owners.
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SUMMARY
Surplus Land Act requires that when cities, counties, transit agencies and other local agencies sell, or lease their land for periods exceeding 15 years, they must prioritize it for affordable housing development. Land must be declared either “Surplus” or “Exempt Surplus” as supported by written findings before a local agency may take any action to dispose of it. The governing board of a local agency may adopt a resolution declaring the property to be “Exempt Surplus Land” pursuant to Section 54221(f)(1) of AB 1486 at a regular public meeting supported by written findings that the land is of one or more of the following types:
o Land is less than one-half acre (21,780 square feet) in area and is not contiguous to land owned by a state or local agency that is used for open space or low/moderate income housing.
o Surplus land is a former street right-of-way/easement and will be offered for merger with an adjoining property.
Land is less than 5,000 square feet, the minimum size required for residential development in the City’s zoning district for the area. The vacated street right-of way meets the above stated criteria and can be declared as an “Exempt Surplus Land”. The vacated street right-of-way area of approximately 3,500 square feet is not sufficient to create a new lot suitable for housing development because the local zoning would require a minimum lot size of 5,000 square feet.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Exhibit A to Resolution
Attachment IV Exhibit B to Resolution