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HomeMy WebLinkAbout2024-06-11 - AGENDA REPORTS - DECLARING SURPLUS LAND OTN SPO Agenda Item: 7 1. CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR 14) CITY MANAGER APPROVAL: ' DATE: June 11, 2024 SUBJECT: RESOLUTION DECLARING PROPERTIES OWNED BY THE CITY OF SANTA CLARITA IN THE OLD TOWN NEWHALL SPECIFIC PLAN AREA AS SURPLUS LAND DEPARTMENT: Community Development PRESENTER: Jason Crawford RECOMMENDED ACTION City Council: Adopt a resolution declaring properties owned by the City of Santa Clarita, Assessor Parcel Number's (APN) 2831-018-901 thru 906; 2831-018-900; and 2831-019-901 surplus land under the Surplus Land Act. 2. Authorize City Manager or designee to issue a Notice of Availability in accordance with the Surplus Land Act. 3. Authorize City Manager or designee to review each Notice of Interest received, if any during the 60-day Notice of Availability period and then enter into negotiations with responsive bidder(s) for a period of 90 days, all in accordance with the Surplus Land Act. 4. Authorize the City Manager or designee to execute all documents, subject to City Attorney approval. BACKGROUND The City of Santa Clarita (City) acquired three adjacent individual properties along Main Street commonly known as the Coffey parking lot property (APN: 2831-018-901 thru 906), the Roger Dunn property (APN: 2831-018-900) and the Moore's Subs property (APN: 2831-019-901). These three individual properties consist of eight parcels of land totaling approximately 0.86 acres that together, comprise the property (Property). Existing improvements on the Property include approximately 85 surface parking spaces available to the public, and one, approximately 4,743 square foot two-story building. The Property is within the Arts & Entertainment Zone of Page 1 Packet Pg. 52 O the Old Town Newhall Specific Plan. The Old Town Newhall Specific Plan calls for the development of two public parking structures, one on the north and one on the south of Main Street. With the property that the City assembled through the former Redevelopment Agency on the north end of Main Street, the City was able to develop public parking, negotiate, and then enter into Purchase and Sales Agreements with the Newhall Crossings and Laemmle projects, which provided an art house movie theatre and a mixed -use project consisting of ground floor commercial with apartments above. There is an opportunity to achieve a similar outcome with the Property on the south of Main Street, increasing the amount of public parking while also facilitating a mixed -use project with ground floor commercial and apartments above. The state dissolved Redevelopment in 2012 and then, via AB 1486, the state enhanced the Surplus Land Act (SLA) in 2020. The SLA, in an effort to incentivize affordable housing, governs how the City's may dispose of land, limiting the City's ability to use city -owned land for redevelopment and economic development purposes. Previously, as was done for the Laemmle and Newhall Crossings project, the City could have gone through a Request for Proposal (RFP) process to find a development partner, entered into an Exclusive Negotiating Agreement, and then negotiated with that partner to create a project that met the City's vision for the property. Now, however, there are a set of requirements under the SLA, administered by the Department of Housing and Community Development (HCD), that the City must follow before it can negotiate any disposition of City -owned land, either for sale or for lease. The City Council must first declare the property to be `surplus' and issue a Notice of Availability (NOA), by electronic mail or by certified mail to all of the entities identified in Government Code section 54222, which include local public entities and housing sponsors that have notified HCD of their interest in surplus land for the purpose of developing low- and moderate -income housing, so that affordable housing developers have a chance to determine their interest. The SLA mandates that the City accept notices of interest for a period of 60 SLA days. Assuming the City is notified in writing of interest by a developer within the 60-day period, the City must then enter into good faith negotiations with interested parties for a period of no less than 90 days to determine if an agreement on price and terms can be made. Terms the City would intend to meet for this Property include 1) retaining at least the 85 parking spaces that are currently available to the public on the Property, 2) ensuring that any project meets the Old Town Newhall Specific Plan regulations including mixed -use with retail on the ground floor and apartments above, and 3) receiving a fair market value sale of the Property. The SLA requires that any project agreed to during the 90-day good faith negotiation period, that includes a minimum of 10 residential units, provides a minimum of 25 percent affordable housing units. If an agreement on price and terms can be made between the City and a developer within the 90-day good faith negotiations period, then that agreement would be brought back to City Council for review. Page 2 Packet Pg. 53 O If an agreement on price and terms is not met within 90 days, then the City may elect to issue an RFP to find a development partner that would meet the City's price and terms. Any project that is agreed to after the 90-day good faith negotiation period, that has a minimum of 10 residential units, would be required by the SLA to provide a minimum of 15 percent affordable housing units. Staff has been working closely with Kosmont Companies to consult on the SLA process, as they have experience guiding many cities through this process. In advance of this agenda item, HCD reviewed the draft NOA and staff has incorporated their feedback. Staff recommends the City Council adopt a resolution to declare the Property as "surplus land" and complete the surplus property disposition process in accordance with the SLA. If, at any time, the City Council decides to, it can rescind the declaration of surplus land and the City would continue to own the Property. ALTERNATIVE ACTION Other action as determined by the City Council. FISCAL IMPACT There is no fiscal impact. ATTACHMENTS Resolution Draft Santa Clarita Notice of Availability Page 3 Packet Pg. 54 7.a RESOLUTION NO. 24- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, DECLARING CITY OWNED PROPERTIES ASSESSOR PARCEL NUMBERS 2831-018-901 THRU 906; 2831-018-900; AND 2831-019-901 SURPLUS LAND PURSUANT TO THE SURPLUS LAND ACT (GOVERNMENT CODE SECTIONS 54220 ET SEQ.) WHEREAS, the City of Santa Clarita owns certain real Properties, Assessor Parcel Numbers (APNs) 2831-018-901 thru 906; 2831-018-900; and 2831-019-901 (the Properties), and; WHEREAS, the Surplus Land Act, Government Code sections 54220 et seq., applies when a local agency disposes of "surplus land," as that term is defined in Government Code section 54221; and WHEREAS, on October 9, 2019, Governor Newsom signed Assembly Bill (AB) 1486. AB 1486 significantly amended the Surplus Land Act effective January 1, 2020. These amendments included, among others, changing the previous, long-standing definitions of "surplus land" and "exempt surplus land"; providing that property shall be declared either "surplus land" or "exempt surplus land" before a local agency may take any action to dispose of it; and adding a new limitation providing that an "agency's use" "shall not include commercial or industrial uses or activities, including nongovernmental retail, entertainment, or office development" or "property disposed of for the sole purpose of investment or generation or revenue"; and WHEREAS, the Properties would fall within the definition of "surplus land" pursuant to Government Code section 54221, as amended by AB 1486; and WHEREAS, in order to pursue new uses for the Properties, including the possible disposition through a sale or lease of the property, the City must now comply with the Surplus Land Act as amended by AB 1486 (SLA); and WHEREAS, pursuant to the SLA, City staff will send a written notice of availability of the properties by electronic mail or by certified mail to all of the entities identified in Government Code section 54222; and WHEREAS, subject to Government Code section 54227, if one of the entities/agencies desires to purchase or lease the properties after having received notice, it must indicate its interest to do so in writing within 60 days of the date of the City's notice, and the City and the entity/agency so responding to the notice may negotiate price andterms forthe disposition of the Properties; and WHEREAS, pursuant to Government Code 54223, in the event no agreement is reached between the City and any interested entity/agency after a good faith negotiation period of 90 days, the City may elect to issue a Request for Proposal (RFP) to locate a development partner that would meet the City's price and terms. Any project that is agreed to through the RFP process, that has a minimum of 10 residential units, would be required by the SLA to provide a minimum of 15 percent affordable housing units. Page 1 of 2 Packet Pg. 55 7.a NOW THEREFORE, the City Council of the City of Santa Clarita, California, does hereby resolve as follows: SECTION 1. For the purposes of compliance with the SLA, APNs 2831-018-901 thru 906; 2831-018-900; and 2831-019-901 in the City of Santa Clarita, are hereby declared surplus land. SECTION 2. The City Manager, or his designee, is directed to proceed with the notification and negotiation requirements of the SLA, as amended, to facilitate the possible disposition and reuse of the Properties. SECTION 3. The City Clerk shall certify to the adoption of this resolution. PASSED, APPROVED, AND ADOPTED this day of , 2024. MAYOR ATTEST: CITY CLERK DATE: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Mary Cusick, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution No. 24- was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the day of 2024, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK Page 2 of 2 Packet Pg. 56 7.b NOTICE OF AVAILABILITY OF SURPLUS LAND Date: [MONTH] [DAY], [YEAR] To: Interested Parties From: City of Santa Clarita RE: Notice of Availability of Surplus Land — Multiple Parcels in Santa Clarita, CA As required by the California Surplus Land Act, Government Code ("GOV") § 54220, et seq. (the "Act"), the City of Santa Clarita ("City") notifies those entities identified in GOV § 54222 of the availability for lease or purchase of surplus land owned by the City as listed in Exhibit "A" (the "Property"), and incorporated by reference, for the purposes authorized in the Act. In accordance with GOV § 54222, please notify the designated contact identified below in writing of your interest in purchasing the land within 60 days from the date that this Notice of Availability was sent via electronic mail, which is [MONTH] [DAY], [YEAR]. Should your agency or company be interested in leasing or purchasing the Property, you must notify the City in writing within 60 days of the date this notice was sent via certified mail or electronic mail. As required by Government Code Section 54227, if the City receives more than one letter of interest during this 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. This Notice of Availability does not obligate the City to sell the Property to any interested party or to pay any amount incurred in the preparation of the proposal. However, the City must enter into good faith negotiations with interested parties that provide written notice of interest to the City pursuant to GOV § 54223. If no agreement is reached on price or terms within a 90-day period in accordance with GOV § 54223, then the City may elect to market the Property to the general public. The City may rescind the City's declaration of Surplus Property in its sole discretion. Notices of Interest Notice of your intention to lease and/or purchase the Property must be delivered via certified mail or e-mail to: SLA Notice of Interest c/o Jason Crawford Director of Community Development City of Santa Clarita 23920 Valencia Boulevard Santa Clarita, CA 91355 [continued on next page] Packet Pg. 57 7.b E-mail: jcrawford@santa-clarita.com The e-mail subject should read: "SLA Notice of Interest, [Company Name]" The City will confirm receipt of any notices of interest received via e-mail with a confirmation e- mail. If you do not receive confirmation of receipt of an e-mail submittal, please contact Jason Crawford via telephone at (661) 255-4969. The 60-day period within which notices must be submitted will close at 5 p.m. in the City on [DAY OF WEEK] [MONTH] [DAY], [YEAR]. All notices of interest to purchase the Property must include: 1. Date of response 2. Contact name, agency / organization, address, phone number and e-mail of the responding party 3. A brief description of your agency / organization 4. A description of your plans to develop the Property Interested parties are also encouraged to provide: 5. Proposed price, terms and conditions for lease and/or purchase of the Property 6. Proposed financing structure / capital stack Entities proposing to submit a notice of interest are advised to review the requirements set forth in the Act. Questions may be directed to Wil Soholt (SVP Kosmont Companies, advisor to City) at (310) 740- 5681 or by e-mail at wsoholt@kosmont.com, or Jason Crawford at (661) 255-4969 or by e-mail at jcrawford@santa-clarita.com. The information provided in this notice is believed to be correct, however, the City assumes no responsibility or liability for its completeness or accuracy. Any entity or individual considering making an offer on the Property is solely responsible for making its own determination as to the suitability of the Property for any specific purpose. The Property will be leased or sold "as is" with no warranties written, implied or expressed by the City and its agents or employees. The City is not required to lease or sell the Property for less than fair market value. Any future developer of the Property is solely responsible for obtaining all permits, land use approvals, and environmental clearances necessary to complete a proposed project. Packet Pg. 58 7.b Exhibit "A" Property The Property is comprised of eight parcels of land totaling approximately 0.86 acres. Existing improvements on the Property include surface parking lots and one, approximately 4,743 square foot two-story building. In addition to the eight parcels comprising the Property, the City may consider proposals that include portions or all of the 5t" Street cul-de-sac and/or the eastern half of Main Street fronting portions of the Property (the "Public Easements") as illustrated in the aerial image below. The City will only consider responses for the entire Property. The entire Property is within the Arts & Entertainment Zone of the Old Town Newhall Specific Plan. Information on the Old Town Newhall Specific Plan can be found on the City's website. The City desires that any proposed project complies with the existing zoning. The Property currently provides approximately 85 publicly accessible parking spaces, and the City desires that any proposed project will continue to provide at least 85 publicly accessible parking spaces.' The Property is comprised of Los Angeles County Assessor Parcel Numbers 2831-018-900 through 2831-018-906, and 2831-019-901. ' Parcel 2831-019-901 was retained by the City for public parking purposes as part of the dissolution of the local redevelopment agency. Packet Pg. 59 7.b Jurisdiction Name City of Santa Clarita Jurisdiction Type City / Municipality South East Corner of the Site Address/Intersection intersection of 6t" Street and Main Street City Santa Clarita Five Digit ZIP Code 91321 County Los Angeles County 2831-018-900 2831-018-901 2831-018-902 Assessor Parcel Numbers 2831-018-903 2831-018-904 2831-018-905 2831-018-906 2831-019-901 Consolidated Sites Yes General Plan Designation Downtown Newhall Specific Current Plan Arts & Entertainment Zone of Zoning Designation (Current) the Old Town Newhall Specific Plan Minimum Density Allowed -0 _ (Units / Acre) Maximum Density Allowed Subject to constraints of (Units / Acre) building envelope Parcel Size (Gross Acres) +/- 0.86 Existing Use/Vacancy Surface Parking Lots & Vacant Building J _ a Q Packet Pg. 60