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Adopt a Resolution Declaring City-Owned Properties as Surplus Land and Exempt <br />Surplus Land <br />October 3, 2023 <br />Page 4 <br />3 <br />7 <br />5 <br />3 <br />If the City receives a letter of interest from any of the above entities, the City would enter <br />into good faith negotiations concerning the price and terms of the sale with that entity for <br />a 90 day period. If the terms cannot be agreed upon after 90 days or if no entity gives <br />notice of interest, the City may sell the surplus land without further regard to the surplus <br />land procedures, except that any residential development on the surplus land that <br />contains 10 or more units must restrict 15% of the units for affordable housing. Nothing <br />in the surplus land procedures requires the City to sell the surplus land at less than fair <br />market value. <br />If the end of the 90-day negotiation period does not result in successful negotiations, the <br />Public Works Agency will proceed with disposition via the Request for Proposal (RFP) <br />process, consistent with previous methodology approved and utilized for disposition of <br />properties with restricted sale of proceeds, such as using grant funds for the acquisition <br />of land. Purchase and Sale Agreements (PSA) for the sale of referenced properties would <br />be brought to the City Council for consideration at a future date, following all necessary <br />evaluation periods. <br />In addition to designating land surplus, Staff is also categorizing exempt surplus land for <br />all eligible substandard parcels not fit for independent development per existing use. <br />Notice of Exemption Determination <br />The land proposed to be declared as exempt is supported by the small surplus land <br />parcels category, in which the land is less than 5,000 square feet in area; less than the <br />minimum legal residential building lot size for the jurisdiction in which the parcel is located; <br />and/or has no record access, is less than 10,000 square feet in area, and is not <br />contiguous to land owned by a local agency that is used for open-space or low and <br />moderate income housing purposes. <br />In alignment with Government Code 54221 subd. (f)(1)(b), Notice of Exemption <br />determination shall be provided to the State’s Department of Housing and Community <br />Development at least 30 days prior to disposition. Once SLA requirements are met, Staff <br />will present a new item for consideration of disposition via Santa Ana Municipal Code <br />Section 2-706 Sale to Owners of Adjoining Property and Section 2-709 Exceptions to <br />transfer ownership of substandard vacant land. <br />FISCAL IMPACT <br />Costs for maintaining vacant lots are escalating, with charges for installation, rental fees, <br />damaged material replacement fees, and emergency fencing requests. Selling remnant <br />land will help to generate necessary project funding that will support right-of-way <br />maintenance and security citywide.