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HomeMy WebLinkAbout2025-19 CC Resolution RESOLUTION NO. 2025-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA DECLARING PURSUANT TO GOVERNMENT CODE SECTIONS 54221(b), 54221(f)(1)(A) AND 54221(t)(1)(F) THAT REAL PROPERTY OWNED BY THE CITY LOCATED EAST OF JEFFERSON AVE, NORTH OF BUECKING DRIVE, AT THE END OF THE CUL-DE-SAC ON MCCABE COURT IN UPTOWN TEMECULA AND IDENTIFIED AS ASSESSOR'S PARCEL NO. 910-262-061 IS NOT NECESSARY FOR THE CITY'S USE AND IS EXEMPT SURPLUS LAND, AUTHORIZING THE PROPERTY TO BE PUT OUT FOR A REQUEST FOR PROPOSALS FOR AN AFFORDABLE HOUSING DEVELOPMENT, FINDING THE DECLARATION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT,AND TAKING RELATED ACTIONS WHEREAS,the City of Temecula("City")is the owner in fee simple of a property located in the City east of Jefferson Avenue, north of Buecking Drive, at the end of the cul-de-sac on McCabe Court in Uptown Temecula (Assessor's Parcel No. 910-262-061), and further described in Exhibit"A"attached hereto ("Property"); and WHEREAS, pursuant to Section 54221(b) of the Surplus Land Act (Government Code Section 54220-54234) ("Act"), surplus land is land owned in fee simple by the City for which the City Council takes formal action in a regular public meeting declaring the land is surplus and not necessary for the City's use. The land must be declared either surplus land or exempt surplus land; and WHEREAS,the Property is not necessary for the City's use within the meaning of the Act because the City intends to dispose of the Property; and WHEREAS, the Property is not within a coastal zone; nor adjacent to a historical unit of the State Parks System; is not listed on, or determined by the State Office of Historic Preservation to be eligible for, the National Register of Historic Places; and not with the Lake Tahoe region as defined in Government Code Section 66905.5; 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,which allows the City to sell or otherwise dispose of real property to provide housing affordable to persons and families of low or moderate income, as defined by Section 50093 of the Health and Safety Code, if it determines that this use is in the City's best interest. To rely on this exemption, not less than 80 percent of the area of any parcel of property disposed of pursuant to this section shall be used for development of housing,and not less than 40 percent of the total number of those housing units developed on any parcel pursuant to this section 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, and the dwelling units must be restricted by a regulatory agreement for the longest feasible time but for a period of not less than 30 years; and 1 WHEREAS, Government Code Section 54221(f)(1)(F)(i) defines exempt surplus land to include surplus land that is to be developed for a housing development, which may have ancillary commercial ground floor uses, that restricts 100 percent of the residential units to persons and families of low or moderate income, with at least 75% of the residential units restricted to lower income households, as defined in Health and Safety Code Section 50079.5, with an affordable sales price or an affordable rent, as defined in Health and Safety Code Sections 50052.5 or 50053, for a minimum of 55 years for rental housing and 45 years for ownership housing, unless a local ordinance or a federal, state, or local grant,tax credit, or other project financing requires a longer period of affordability,provided that in no event shall the maximum affordable sales price or rent level be higher than 20% below the median market rents or sales prices for the neighborhood in which the site is located; and WHEREAS, the Act provides that the City may dispose of property declared exempt surplus land without further regard to the requirements of the Act; and WHEREAS, pursuant to the Surplus Land Act Guidelines issued by the California Department of Housing and Community Development (HCD), any determination by a local agency that property is exempt surplus land must be provided to HCD for its review at least 30 days prior to disposition; and WHEREAS, the City Council desires to authorize the Property to be put out to open, competitive bid for a housing development that complies with Government Code Section 54221(f)(1)(F) or Government Code Section 54221(f)(1)(A) and, on that basis,to declare that the Property exempt surplus land; and WHEREAS, City staff has reviewed this Resolution pursuant to the California Environmental Quality Act ("CEQA") and has determined that the adoption of the Resolution cannot have a significant effect on the environment by declaring the Property exempt surplus land. Consequently,the declaration is not subject to the California Environmental Quality Act(CEQA). Further, any proposed project on the Property will be subject to environmental review as required by CEQA. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA HEREBY RESOLVES AS FOLLOWS: SECTION 1. The City Council hereby finds that the above recitals are true and correct and are a substantive part of this Resolution. SECTION 2. The City Council hereby finds that the use of the Property for an affordable housing project is in the best interest of the City. SECTION 3. The City Council hereby authorizes and directs staff, in consultation with the City Manager and City Attorney,to put the Property out to open,competitive bid for a housing development that meets the requirements of Government Code Section 5422(f)(1)(F) or Government Code Section 54221(f)(1)(A)pursuant to a request for proposals. SECTION 4. On the basis of the recitals herein and the authorization and direction in Section 3 hereof, the City Council hereby declares pursuant to the Act that the Property is not necessary for the City's use within the meaning of the Act and is exempt surplus land, as defined 2 in Government Code Section 54221(f)(1)(F) or Government Code Section 54221(f)(1)(A) of the Act. SECTION 5. The City Council hereby authorizes and directs staff to submit a copy of this Resolution to HCD in accordance with the Surplus Land Act Guidelines at least 30 days prior to the disposition of the Property. SECTION 6. The City Council hereby authorizes and directs staff and officers of the City,jointly and severally, to take any other such actions as they deem necessary or proper to effectuate the purposes of this Resolution, and all actions previously taken are hereby ratified. SECTION 7. The City Council hereby finds that it can be seen with certainty that there is no possibility that declaring the Property exempt surplus land may have a significant effect on the environment, and thus this declaration is not subject to the California Environmental Quality Act (CEQA). Further,any proposed project on the Property will be subject to environmental review as required by CEQA. SECTION 8. The City Clerk shall certify to the passage and adoption of this Resolution by the City Council. PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula this 25th day of March, 2025. 111 Brenden Kalfus, Mayor ATTEST. Ran 1, City Clerk [SEAL] 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 2025-19 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 25th day of March, 2025,by the following vote: AYES: 5 COUNCIL MEMBERS: Alexander, Kalfus, Rahn, Schwank, Stewart NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None 1., Randi Johl, City Clerk 4 Exhibit"A" Legal Description EXHIBIT "A" - LEGAL DESCRIPTION OF ADJUSTED PARCELS LOT LINE ADJUSTMENT NO. l-D21-0388 PARCEL "'B" A PORTION OF PARCELS 11 AND 15 OF PARCEL MAP NO. 23561-2, AS SHOWN BY MAP ON FILE IN BOOK 168 OF PARCEL MAPS, AT PAGES 71 THROUGH 73, INCLUSIVE, OFFICIAL RECORDS OF THE COUNTY RECORDER ❑F RIVERSIDE COUNTY, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST NORTHERLY CORNER OF SAID PARCEL 15: THENCE SOUTH 410 58' 53" EAST 97.63 FEET ALONG THE NORTHEASTERLY LINE OF SAID PARCEL 15 TO A POINT ON A LINE LYING 97.63 FEET SOUTHEASTERLY OF AND PARALLEL WITH THE NORTHWESTERLY LINE OF SAID PARCEL 15 SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID PARALLEL LINE SOUTH 486 01' 07" WEST 281.66 FEET TO A POINT ON "THE SOUTHWESTERLY LINE OF SAID PARCEL 15; THENCE CONTINUING ALONG SAID PARALLEL LINE SOUTH 48° 01' 07" WEST 222.59 FEET; THENCE LEAVING SAID PARALLEL LINE, SOUTH 00- 39' 13" EAST 48,55 FEET TO A POINT ON A LINE LYING 18.00 FEET NORTHEASTERLY OF AND PARALLEL WITH THE SOUTHWESTERLY LINE OF SAID PARCEL 11; THENCE ALONG SAID PARALLEL LINE SOUTH 480 39' 30" EAST 122.89 FEET TO THE SOUTHEASTERLY LINE OF SAID PARCEL 11; THENCE NORTH 410 20' 30" EAST 242.00 FEET ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL 11 TO THE MOST EASTERN CORNER OP SAID PARCEL 11 SAID POINT ALSO BEING ON THE. SOUTHWESTERLY LINE OF SAID PARCEL 15; THENCE SOUTH 48' 39' 33" EAST 20.00 FEET ALONG SAIL] SOUTHWESTERLY LINE TO THE MOST SOUTHERLY CORNER CIF SAID PARCEL 15; THENCE NORTH 53° 42' 26" EAST 233.35 FEET ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL 15 TO THE MOST SOUTHEASTERLY CORNER OF SAID PARCEL 15 ALSO BEING THE BEGINNING OF A NONTANGENT CURVE CONCAVE EASTERLY AND HAVING A RADI(is OF 61.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 48- ill' 07" WEST; PAGE 2 OF 3 EXHIBIT "A" -- LEGAL DESCRIPTION OF ADJUSTED PARCELS LOT LINE ADJUSTMENT NO. LI)21-0388 THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID PARCEL 15 AND SAID CURVE THROUGH A CENTRAL ANGLE OF 76° 51' 25" AN ARC DISTANCE OF 81.83 FEET TO THE MOST EASTERLY CORNER OF SAID PARCEL 15; THENCE NORTH 4V 58' 53" WEST 113.97 FEET ALONG THE NORTHEASTERLY LINE OF SAID PARCEL 15 TO THE TRUE POINT OF BEGINNING. CONTAINING 1.83 ACRES OR 79,514 SQUARE FEET MORE OR LESS, EXHf BIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN G NF RMANCE WITH THE P OF SIGNAL LAND SURVEYOR'S ACT. ROBERT C. OLLERTON P.L.S. 7731 DATE. 12 -/o - 2 © Z67 40AL LA ROBEFI OLLERTON :0 N No. 773 f �P c- L%fQ PAGE 3 OF 3