HomeMy WebLinkAbout2001-12-11 - AGENDA REPORTS - QUITCLAIM JOANNE DARCY LIBRARY (2)CITY OF SANTA CLARITA
AGENDA REPORT
CONSENT CALENDAR
DATE: December 11, 2001
City Manager Approval:
Item to be presented by:
SUBJECT: QUITCLAIM DEED TO TCP MANAGEMENT, LLC A STRIP OF LAND
ADJACENT TO SHANGRI-LA DRIVE AT THE CANYON COUNTRY
JO ANNE DARCY LIBRARY SITE
DEPARTMENT: Transportation & Engineering Services
City Council approve a Quitclaim Deed to TCP Management, LLC for a small strip of property
adjacent to Shangri-La Drive at the Canyon Country Jo Anne Darcy Library site; and authorize
the City Manager to execute all documents, subject to City Attorney approval.
BACKGROUND
The subject strip of property was acquired by the City from the Shangri-La Homeowners
Association (HOA) in conjunction with the Canyon Country Jo Anne Darcy Library project. In
order to complete the overall project, the Developer, TCP Management, LLC, needed to acquire
a small strip of land to accommodate street lane changes and an additional ingress/egress. The
HONs bylaws were very restrictive as it related to the transfer or sale of land, or the granting
of easements. Without submitting to a lengthy procedure and significantly delaying the project,
the property could not have been transferred without the involvement of the City. Therefore,
in order to facilitate a timely transfer and the continuation of the project, the City accepted title
as an intermediate step in the process. The City paid, from a deposit by the Developer, a total
of $28,250.00 for the land. Now that the transaction is complete, the Developer is entitled to
the property. There is a street improvement constructed within a portion of the area that is
being transferred to TCP Management. The Developer will grant an easement to the City for
this portion. The quitclaim to TCP Management, LLC and the easement to the City will
finalize the process.
Before real property may be disposed of, Government Code Section 65402 requires that the
Planning Commission review the proposed disposal of the real property and find that it is in
conformance with the General Plan. The Planning Commission is given forty days, unless
extended by the City Council, to conduct the review for conformity. In terms of the process, the
Planning Commission's determination should be made before the property is transferred.
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R17°''r ' Agenda Item: 3
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QUITCLAIM TO TCP MANAGEMENT, LLC
December 11, 2001— Page 2
There are significant procedural steps that must be followed when the City determines to
dispose of "surplus land." "Surplus land" is defined in Government Code Section 54221(b) as
land owned by the City "that is determined to be no longer necessary for the [City's] use, except
for property being held by the [City] for the purpose of exchange." The sale of surplus property
is subject to the provisions of Government Code Section 54220 et seq. To begin the process, the
City must determine if the property is exempt. Section 54221(e) defines the term "exempt
surplus land" to mean the following:
"... (2) surplus land which is (A) less than 5,000 square feet in area, (B) less than the minimum
legal residential building lot size for the jurisdiction in which the parcel is located, or
5,000 square feet in area, whichever is less, or (C) has no record access and is less than
10,000 square feet in area, and is not contiguous to land owned by a state, or local agency which
is used for park, recreational, open -space..."
It appears that the narrow strip of property at issue is "exempt surplus property" due to its size,
shape, and location. This parcel is comprised of approximately 3,000 square feet. Therefore,
the procedural requirements of Government Code Section 54220 et seq. do not apply, and the
City is free to transfer the property upon approval of the City Council.
When disposing of property it is also important to remember to comply with the
California Environmental Quality Act, Public Resources Code Section 21000 et seq. ("CEQA"),
and the CEQA Guidelines, 14 California Code of Regulations Section 15000 et seq.
("CEQA Guidelines").
As to surplus real property sales, the CEQA Guidelines provide an exemption, Class 12 in
Section 15312. This exemption is limited, but clearly applies here because the parcel does not
have significant value as a wildlife habitat or other environmental use, and is not capable of
independent development or use.
ALTERNATIVE ACTION
Other action as determined by the City Council.
FISCAL IMPACT
None.
ATTACHMENT
Quitclaim Deed to TCP Management, LLC.
WFW:tw
Council\w canctylib2.doc