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1 TERESA L. STRICKER, Bar No. 160601
City Attorney
2 ASHLE T. CROCKER, Bar No. 215709
Assistant City Attorney
3 CITY ATTORNEY’S OFFICE
CITY OF SANTA ROSA
4 100 Santa Rosa Avenue, Room 8
Santa Rosa, CA 95404-4957
5 Telephone: (707) 543-3040
6
ETHAN J. WALSH, Bar No. 204228
7 ethan.walsh@bbklaw.com
GREGG W. KETTLES, Bar No. 170640
8 gregg.kettles@bbklaw.com
HELEN BYRENS, Bar No. 339985
9 helen.byrens@bbklaw.com
BEST BEST & KRIEGER LLP
10 500 Capitol Mall
Suite 1700
11 Sacramento, California 95814
Telephone: (916) 325-4000
BEST BEST & KRIEGER LLP
SACRAMENTO, CALIFORNIA 95814
12 Facsimile: (916) 325-4010
500 CAPITOL MALL, SUITE 1700
ATTORNEYS AT LAW
13 Attorneys for Respondents and Defendants
CITY OF SANTA ROSA; CITY COUNCIL OF THE EXEMPT FROM FILING FEES PURSUANT
14 CITY OF SANTA ROSA TO GOVERNMENT CODE SECTION 6103
15
SUPERIOR COURT OF THE STATE OF CALIFORNIA
16
COUNTY OF SONOMA
17
18
AIRPORT BUSINESS CENTER, a California Case No. SCV-272714
19 llimited partnership, Judge: Patrick Broderick
Courtroom: 16
20 Petitioner and Plaintiff,
DECLARATION OF HELEN BYRENS
21 v. IN SUPPORT OF RESPONDENTS’
OPPOSITION TO PETITIONER’S
22 CITY OF SANTA ROSA; CITY COUNCIL OPENING BRIEF
OF THE CITY OF SANTA ROSA; and DOES
23 1 through 25, inclusive, Writ Hearing: May 24, 2024
Time: 8:30 a.m.
24 Respondents and Courtroom: 16
Defendants.
25
Action Filed: February 28, 2023
26 Trial Date: May 24, 2024
27
28
82816.00010\42116030.1 1
DECLARATION OF HELEN BYRENS IN SUPPORT OF RESPONDENTS’ OPPOSITION TO PETITIONER’S
OPENING BRIEF
1 DECLARATION OF HELEN BYRENS
2 I, Helen Byrens, declare that:
3 1. I am an attorney at law, licensed to practice before the courts of the State of
4 California, and am an associate at the law firm of Best Best & Krieger LLP, attorneys of record
5 for Defendants City of Santa Rosa; City Council of The City of Santa Rosa (“Respondents”) in
6 the above captioned matter. I submit this declaration in support of the Respondents’ Opposition
7 to Opening Brief. I have personal knowledge of the matters set forth below, unless stated
8 otherwise, and if called as a witness, I could and would competently testify to those matters.
9 2. Plaintiff filed the petition for a writ of mandate in this action, Airport Business
10 Center, Sonoma County Superior Court Case No. SCV-272714 (the “Petition”), on February, 28,
11 2023. The Petition alleges the City improperly declared a parking garage (“Garage 5”) located in
BEST BEST & KRIEGER LLP
SACRAMENTO, CALIFORNIA 95814
12 the City of Santa Rosa (the “City”) “surplus” land under the Surplus Lands Act.
500 CAPITOL MALL, SUITE 1700
ATTORNEYS AT LAW
13 3. A true and correct copy of the Surplus Land Act definition of “surplus” under the
14 2019 California Government Code section 54221 is attached to this declaration as Exhibit A.
15 4. I downloaded a copy of Exhibit A from
16 https://1.next.westlaw.com/Document/N38108580A06911DD9E84E47283A693D
17 1/View/FullText.html?listSource=RelatedInfo&docFamilyGuid=IB7FDAAD0261
18 011DD85EADE0C05FDD52A&ppcid=d857cbb81ac7409f9449a7b66c86b482&or
19 iginationContext=relatedinfoversions&transitionType=VersionsItem&contextData
20 =%28sc.UserEnteredCitation%29 on March 19, 2024.
21 5. A true and correct copy of the 2019 California Legislative Enactment – chapter
22 664, A.B. No. 1486, which amended the Surplus Land Act, is attached to this declaration as
23 Exhibit B.
24 6. I downloaded a copy of Exhibit B from
25 https://1.next.westlaw.com/Document/IF3906701EBF611E9B0A098B0D21C36B
26 4/View/FullText.html?navigationPath=Search%2Fv1%2Fresults%2Fnavigation%
27 2Fi0ad6ad3d0000018e58bbb1e626e73afa%3Fppcid%3Db7d1b561a32f4ec9941ca
28 41a9ce5d9e7%26Nav%3DMULTIPLECITATIONS%26fragmentIdentifier%3DIF
82816.00010\42116030.1 1
DECLARATION OF HELEN BYRENS IN SUPPORT OF RESPONDENTS’ OPPOSITION TO PETITIONER’S
OPENING BRIEF
1 3906701EBF611E9B0A098B0D21C36B4%26parentRank%3D0%26startIndex%3
2 D1%26contextData%3D%2528sc.Search%2529%26transitionType%3DUniqueDo
3 cItem&listSource=Search&listPageSource=bbd836fc7fb1832ba270321397742bae
4 &list=MULTIPLECITATIONS&sessionScopeId=0400e376ad90d8066b57a93723
5 0ff2625d3474ee8e3669e2584a1fb88bdb12a2&ppcid=b7d1b561a32f4ec9941ca41a
6 9ce5d9e7&originationContext=NonUniqueFindSelected&transitionType=Unique
7 DocItem&contextData=%28sc.Search%29 on March 19, 2024.
8 7. A true and correct copy of the California Department of Housing and Community
9 Development (“HCD”) Surplus Land Act Guidelines, dated April 2021, are attached to this
10 declaration as Exhibit C.
11 8. I downloaded a copy of Exhibit C from HCD’s website at
BEST BEST & KRIEGER LLP
SACRAMENTO, CALIFORNIA 95814
12 https://www.hcd.ca.gov/sites/default/files/docs/planning-and-community/sla-guidelines-final.pdf
500 CAPITOL MALL, SUITE 1700
ATTORNEYS AT LAW
13 on March 19, 2024
14 I declare under penalty of perjury under the laws of the State of California that the
15 foregoing is true and correct and that this declaration was executed on this 21st day of March,
16 2024, at County of Los Angeles, California.
17
18
19
Helen Byrens
20
21
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23
24
25
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27
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82816.00010\42116030.1 -2-
DECLARATION OF GREGG KETTLES IN SUPPORT OF RESPONDENTS’ OPPOSITION TO OPENING
BRIEF
EXHIBIT A
§ 54221. Definitions, CA GOVT § 54221
West's Annotated California Codes
Government Code (Refs & Annos)
Title 5. Local Agencies (Refs & Annos)
Division 2. Cities, Counties, and Other Agencies (Refs & Annos)
Part 1. Powers and Duties Common to Cities, Counties, and Other Agencies (Refs & Annos)
Chapter 5. Property (Refs & Annos)
Article 8. Surplus Land (Refs & Annos)
This section has been updated. Click here for the updated version.
West's Ann.Cal.Gov.Code § 54221
§ 54221. Definitions
Effective: January 1, 2009 to December 31, 2019
(a) As used in this article, the term “local agency” means every city, whether organized under general law or by charter, county,
city and county, and district, including school districts of any kind or class, empowered to acquire and hold real property.
(b) As used in this article, the term “surplus land” means land owned by any local agency, that is determined to be no longer
necessary for the agency's use, except property being held by the agency for the purpose of exchange.
(c) As used in this article, the term “open-space purposes” means the use of land for public recreation, enjoyment of scenic
beauty, or conservation or use of natural resources.
(d) As used in this article, the term “persons and families of low or moderate income” means the same as provided under Section
50093 of the Health and Safety Code.
(e) As used in this article, the term “exempt surplus land” means either of the following:
(1) Surplus land that is transferred pursuant to Section 25539.4.
(2) Surplus land that 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 that is used for park, recreational,
open-space, or low- and moderate-income housing purposes and is located neither within an enterprise zone pursuant to Section
7073 nor a designated program area as defined in Section 7082. If the surplus land is not sold to an owner of contiguous land,
it is not considered exempt surplus land and is subject to this article.
(f) Notwithstanding subdivision (e), the following properties are not considered exempt surplus land and are subject to this
article:
© 2024 Thomson Reuters. No claim to original U.S. Government Works. 1
§ 54221. Definitions, CA GOVT § 54221
(1) Lands within the coastal zone.
(2) Lands within 1,000 yards of a historical unit of the State Parks System.
(3) Lands within 1,000 yards of any property that has been listed on, or determined by the State Office of Historic Preservation
to be eligible for, the National Register of Historic Places.
(4) Lands within the Lake Tahoe region as defined in Section 66905.5.
Credits
(Added by Stats.1968, c. 621, p. 1307, § 1. Amended by Stats.1973, c. 1038, p. 2061, § 3; Stats.1974, c. 1037, p. 2237, § 1;
Stats.1979, c. 942, p. 3246, § 2; Stats.1982, c. 1442, § 2; Stats.1988, c. 964, § 1; Stats.1989, c. 208, § 1; Stats.2008, c. 532
(S.B.1681), § 9.)
West's Ann. Cal. Gov. Code § 54221, CA GOVT § 54221
Current with urgency legislation through Ch. 1 of 2024 Reg.Sess. Some statute sections may be more current, see credits for
details.
End of Document © 2024 Thomson Reuters. No claim to original U.S. Government Works.
© 2024 Thomson Reuters. No claim to original U.S. Government Works. 2
EXHIBIT B
DEEDS AND CONVEYANCES—SURPLUS PROPERTY, 2019 Cal. Legis. Serv. Ch....
2019 Cal. Legis. Serv. Ch. 664 (A.B. 1486) (WEST)
CALIFORNIA 2019 LEGISLATIVE SERVICE
2019 Portion of 2019-2020 Regular Session
Additions are indicated by Text; deletions by
* * *.
Vetoes are indicated by Text ;
stricken material by Text .
CHAPTER 664
A.B. No. 1486
DEEDS AND CONVEYANCES—SURPLUS PROPERTY
AN ACT to amend Sections 54220, 54221, 54222, 54222.3, 54223, 54225, 54226, 54227, 54230.5, 54233, and 65583.2 of,
and to add Sections 54230.6, 54233.5, 54234, 65400.1, and 65585.1 to, the Government Code, relating to surplus land.
[Filed with Secretary of State October 9, 2019.]
LEGISLATIVE COUNSEL'S DIGEST
AB 1486, Ting. Surplus land.
(1) Existing law prescribes requirements for the disposal of surplus land by a local agency. Existing law defines “local
agency” for these purposes as every city, county, city and county, and district, including school districts of any kind or class,
empowered to acquire and hold real property. Existing law defines “surplus land” for these purposes as land owned by any
local agency that is determined to be no longer necessary for the agency's use, except property being held by the agency for
the purpose of exchange. Existing law defines “exempt surplus land” to mean land that is less than 5,000 square feet in area,
less than the applicable minimum legal residential building lot size, or has no record access and is less than 10,000 square
feet in area, and that is not contiguous to land owned by a state or local agency and used for park, recreational, open-space, or
affordable housing.
This bill would expand the definition of “local agency” to include sewer, water, utility, and local and regional park districts,
joint powers authorities, successor agencies to former redevelopment agencies, housing authorities, and other political
subdivisions of this state and any instrumentality thereof that is empowered to acquire and hold real property, thereby
requiring these entities to comply with these requirements for the disposal of surplus land. The bill would specify that the
term “district” includes all districts within the state, and that this change is declaratory of existing law. The bill would revise
the definition of “surplus land” to mean land owned in fee simple by any local agency, for which the local agency's governing
body takes formal action, in a regular public meeting, declaring, supported by written findings, that the land is surplus and is
not necessary for the agency's use, as defined. The bill would provide that “surplus land” for these purposes includes land
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DEEDS AND CONVEYANCES—SURPLUS PROPERTY, 2019 Cal. Legis. Serv. Ch....
held in the Community Redevelopment Property Trust Fund and land that has been designated in the long-range property
management plan, either for sale or for future development, as specified. The bill would also broaden the definition of
“exempt surplus land” to include specified types of lands.
(2) Existing law requires a local agency disposing of surplus land to send, prior to disposing of that property, a written offer
to sell or lease the property to specified entities. Existing law requires that a local agency, upon a written request, send a
written offer to sell or lease surplus land to a housing sponsor, as defined, for the purpose of developing low- and moderate-
income housing. Existing law also requires the local agency to send a written offer to sell or lease surplus land for the
purpose of developing property located within an infill opportunity zone, designated as provided, to, among others, a
community redevelopment agency.
This bill would instead require, except as provided, the local agency disposing of surplus land to send, prior to disposing of
that property or participating in negotiations to dispose of that property with a prospective transferee, a written notice of
availability. The bill would make various related conforming changes. With regards to a housing sponsor, the bill would
require that a notice of availability be sent if the housing sponsor has notified the Department of Housing and Community
Development of its interest in the land, rather than upon written request. With regards to surplus land to be used for the
purpose of developing property located within an infill opportunity zone, as described above, the bill would instead require
that the written notice of availability be sent to a successor agency to a former redevelopment agency. The bill would require
the Department of Housing and Community Development to maintain an up-to-date listing of all notices of availability
throughout the state on its internet website.
(3) After the disposing agency has received a notice from an entity desiring to purchase or lease the land, existing law
requires the disposing agency to enter into good faith negotiations to determine a mutually satisfactory sales price or lease
terms.
This bill would prohibit the terms agreed to pursuant to these negotiations from doing certain things, including, among other
things, disallowing residential use of the site as a condition of the sale or lease.
(4) Existing law requires a local agency to give priority to the development of affordable housing for lower income elderly or
disabled persons or households, and other lower income households when disposing of surplus land.
This bill would remove that priority.
(5) If the local agency receives offers from more than one entity that agrees to meet specified requirements related to the
provision of affordable housing on the surplus land, existing law requires the local agency to give priority to the entity that
proposes to provide the greatest number of units that meet those requirements. Notwithstanding that requirement, existing
law requires the local agency to give first priority to an entity in specified circumstances.
In the event that more than one entity proposes the same number of units that meet the above-described affordable housing
requirements, this bill would require that priority be given to the entity that proposes the deepest average level of
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DEEDS AND CONVEYANCES—SURPLUS PROPERTY, 2019 Cal. Legis. Serv. Ch....
affordability for the affordable units. The bill would authorize a local agency to negotiate concurrently with all entities that
provide notice of interest to purchase or lease land for the purpose of developing affordable housing.
(6) Under existing law, failure by a local agency to comply with these requirements for the disposal of surplus land does not
invalidate the transfer or conveyance of real property to a purchaser or encumbrancer for value.
This bill would require a local agency, prior to agreeing to terms for the disposition of surplus land, to provide the
Department of Housing and Community Development with a specified description of the process followed to dispose of the
land and a copy of any recorded restrictions against the property, as specified, in a form prescribed by the Department of
Housing and Community Development. The bill would require the Department of Housing and Community Development to,
among other things, review the description and submit written findings to the local agency within 30 days of receiving the
description if the proposed disposal of the land will violate specified provisions of law. The bill would require the
Department of Housing and Community Development to provide the local agency a reasonable time, as specified, to respond
to the department's findings prior to taking certain actions and would require the local agency to take specified actions in
response.
This bill would, with certain exceptions, impose a penalty of 30% of the final sale price of the land upon a local agency that
disposes of land in violation of specified provisions of law after receiving the notification from the Department of Housing
and Community Development to that effect, and a 50% penalty for subsequent violations. The bill would authorize specified
entities or persons to bring an action against a local agency to enforce these provisions and would allow a local agency 60
days to cure or correct an alleged violation before the action may be brought, except as specified. The bill would require a
penalty assessed pursuant to these provisions to be deposited into a local housing trust fund or, in certain circumstances, the
Building Homes and Jobs Trust Fund or the Housing Rehabilitation Loan Fund, as provided. The bill would make the
expenditure of penalty moneys deposited into the Building Homes and Jobs Trust Fund or the Housing Rehabilitation Loan
Fund pursuant to these provisions subject to appropriation by the Legislature.
This bill would require the department to implement these provisions commencing on January 1, 2021.
(7) If a local agency does not agree to price and terms with an entity to which notice and an opportunity to purchase or lease
are given and disposes of the surplus land to an entity that uses the property for the development of 10 or more residential
units, existing law requires the purchasing entity or a successor in interest to provide not less than 15% of the total number of
units developed on the parcels at an affordable housing cost or affordable rent to lower income households.
This bill would revise this requirement to apply if the local agency does not agree to price and terms with an entity to which
notice of availability of land was given, or if no entity to which a notice of availability was given responds to that notice, and
10 or more residential units are developed on the property.
This bill, if a local agency that is a district, except as specified, disposes of surplus land where local zoning permits
development of 10 or more residential units or is rezoned within 5 years of the disposal to permit the development of 10 or
more residential units, and 10 or more residential units are developed on the property, would require not less than 15% of the
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DEEDS AND CONVEYANCES—SURPLUS PROPERTY, 2019 Cal. Legis. Serv. Ch....
total number of residential units developed on the parcel to be sold or rented at affordable housing cost or affordable rent to
lower income households.
(8) The Planning and Zoning Law requires a city or county to adopt a general plan for land use development within its
boundaries that includes, among other things, a housing element. That law requires the planning agency of a city or county to
provide by April 1 of each year an annual report to, among other entities, the Department of Housing and Community
Development that includes, among other specified information, the number of net new units of housing that have been issued
a completed entitlement, a building permit, or a certificate of occupancy thus far in the housing element cycle, as provided.
This bill would require a city or county to include as a part of that report a listing of specified sites owned by the city or
county that have been sold, leased, or otherwise disposed of in the prior year.
The Planning and Zoning Law requires that the housing element include, among other things, an inventory of land suitable
for residential development to be used to identify sites that can be developed for housing within the planning period and that
are sufficient to provide for the jurisdiction's share of the regional housing need determined pursuant to specified law.
This bill would require the housing element to provide a description of nonvacant sites owned by the city or county and
provide whether there are any plans to dispose of the property during the planning period and how the city or county will
comply with specified provisions relating to the disposal of surplus land by a local agency.
(9) Existing law requires the Department of Housing and Community Development to notify a city or county and authorize
notice to the Attorney General when a city or county has taken an action that violates the Housing Accountability Act,
specified provisions relating to local housing elements, and the Density Bonus Law.
This bill would also require the Department of Housing and Community Development to notify the city or county and
authorizes notice to the Attorney General when the city or county has taken an action that violates these provisions relating to
surplus property.
(10) Existing law makes various findings and declarations as to the need for affordable housing and the use of surplus
government land for that purpose.
This bill would revise these findings.
(11) This bill would incorporate additional changes to Section 65583.2 of the Government Code proposed by AB 957 to be
operative only if this bill and AB 957 are enacted and this bill is enacted last.
(12) By adding to the duties of local officials with respect to the disposal of surplus land, and expanding the scope of local
agencies subject to the bill's requirements, this bill would impose a state-mandated local program.
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DEEDS AND CONVEYANCES—SURPLUS PROPERTY, 2019 Cal. Legis. Serv. Ch....
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by
the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the
state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
The people of the State of California do enact as follows:
SECTION 1. Section 54220 of the Government Code is amended to read:
<< CA GOVT § 54220 >>
54220. (a) The Legislature reaffirms its declaration that housing is of vital statewide importance to the health, safety, and
welfare of the residents of this state and that provision of a decent home and a suitable living environment for every Californian
is a priority of the highest order. The Legislature further declares that * * * a shortage of sites available for housing for persons
and families of low and moderate income is a barrier to addressing urgent statewide housing needs and that surplus
government land, prior to disposition, should be made available for that purpose.
(b) The Legislature reaffirms its belief that there is an identifiable deficiency in the amount of land available for recreational
purposes and that surplus land, prior to disposition, should be made available for park and recreation purposes or for open-
space purposes. This article shall not apply to surplus residential property as defined in Section 54236.
(c) The Legislature reaffirms its declaration of the importance of appropriate planning and development near transit stations,
to encourage the clustering of housing and commercial development around such stations. Studies of transit ridership in
California indicate that a higher percentage of persons who live or work within walking distance of major transit stations utilize
the transit system more than those living elsewhere, and that lower income households are more likely to use transit when
living near a major transit station than higher income households. The sale or lease of surplus land at less than fair market value
to facilitate the creation of affordable housing near transit is consistent with goals and objectives to achieve optimal
transportation use. The Legislature also notes that the Federal Transit Administration gives priority for funding of rail transit
proposals to areas that are implementing higher density, mixed-use, and affordable development near major transit stations.
SEC. 2. Section 54221 of the Government Code is amended to read:
<< CA GOVT § 54221 >>
54221. As used in this article, the following definitions shall apply:
(a) * * * (1) “Local agency” means every city, whether organized under general law or by charter, county, city and county, *
* * district, including school, sewer, water, utility, and local and regional park districts of any kind or class, joint powers
authority, successor agency to a former redevelopment agency, housing authority, or other political subdivision of this
state and any instrumentality thereof that is empowered to acquire and hold real property.
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DEEDS AND CONVEYANCES—SURPLUS PROPERTY, 2019 Cal. Legis. Serv. Ch....
(2) The Legislature finds and declares that the term “district” as used in this article includes all districts within the
state, including, but not limited to, all special districts, sewer, water, utility, and local and regional park districts, and
any other political subdivision of this state that is a district, and therefore the changes in paragraph (1) made by the act
adding this paragraph that specify that the provisions of this article apply to all districts, including school, sewer, water,
utility, and local and regional park districts of any kind or class, are declaratory of, and not a change in, existing law.
(b) * * * (1) “Surplus land” means land owned in fee simple by any local agency * * * for which the local agency's governing
body takes formal action in a regular public meeting declaring that the land is surplus and is not necessary for the
agency's use * * *. Land shall be declared either “surplus land” or “exempt surplus land,” as supported by written
findings, before a local agency may take any action to dispose of it consistent with an agency's policies or procedures. A
local agency, on an annual basis, may declare multiple parcels as “surplus land” or “exempt surplus land.”
(2) “Surplus land” includes land held in the Community Redevelopment Property Trust Fund pursuant to Section
34191.4 of the Health and Safety Code and land that has been designated in the long-range property management plan
approved by the Department of Finance pursuant to Section 34191.5 of the Health and Safety Code, either for sale or
for future development, but does not include any specific disposal of land to an identified entity described in the plan.
(3) Nothing in this article prevents a local agency from obtaining fair market value for the disposition of surplus land
consistent with Section 54226.
(c)(1) Except as provided in paragraph (2), “agency's use” shall include, but not be limited to, land that is being used,
is planned to be used pursuant to a written plan adopted by the local agency's governing board for, or is disposed to
support pursuant to subparagraph (B) of paragraph (2) agency work or operations, including, but not limited to, utility
sites, watershed property, land being used for conservation purposes, land for demonstration, exhibition, or educational
purposes related to greenhouse gas emissions, and buffer sites near sensitive governmental uses, including, but not
limited to, waste water treatment plants.
(2)(A) “Agency's use” shall not include commercial or industrial uses or activities, including nongovernmental retail,
entertainment, or office development. Property disposed of for the sole purpose of investment or generation of revenue
shall not be considered necessary for the agency's use.
(B) In the case of a local agency that is a district, excepting those whose primary mission or purpose is to supply the
public with a transportation system, “agency's use” may include commercial or industrial uses or activities, including
nongovernmental retail, entertainment, or office development or be for the sole purpose of investment or generation of
revenue if the agency's governing body takes action in a public meeting declaring that the use of the site will do one of
the following:
(i) Directly further the express purpose of agency work or operations.
(ii) Be expressly authorized by a statute governing the local agency, provided the district complies with Section 54233.5
where applicable.
* * * (d) “Open–space purposes” means the use of land for public recreation, enjoyment of scenic beauty, or conservation or
use of natural resources.
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DEEDS AND CONVEYANCES—SURPLUS PROPERTY, 2019 Cal. Legis. Serv. Ch....
* * * (e) “Persons and families of low or moderate income” has the same meaning as provided in Section 50093 of the Health
and Safety Code.
* * * (f)(1) Except as provided in paragraph (2), “exempt surplus land” means any of the following:
(A) Surplus land that is transferred pursuant to Section 25539.4.
(B) Surplus land that is (i) less than 5,000 square feet in area, (ii) 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 (iii) 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 that is used for * * * open-
space * * * or low- and moderate-income housing purposes * * *. If the surplus land is not sold to an owner of contiguous land,
it is not considered exempt surplus land and is subject to this article.
***
(C) Surplus land that a local agency is exchanging for another property necessary for the agency's use.
(D) Surplus land that a local agency is transferring to another local, state, or federal agency for the agency's use.
(E) Surplus land that is a former street, right of way, or easement, and is conveyed to an owner of an adjacent property.
(F) Surplus land that is put out to open, competitive bid by a local agency, provided all entities identified in subdivision
(a) of Section 54222 will be invited to participate in the competitive bid process, for either of the following purposes:
(i) 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 percent of the residential units
restricted to lower income households, as defined in Section 50079.5 of the Health and Safety Code, with an affordable
sales price or an affordable rent, as defined in Sections 50052.5 or 50053 of the Health and Safety Code, for a minimum
of 55 years for rental housing and 45 years for ownership housing, and in no event shall the maximum affordable sales
price or rent level be higher than 20 percent below the median market rents or sales prices for the neighborhood in
which the site is located.
(ii) A mixed-use development that is more than one acre in area, that includes not less than 300 housing units, and that
restricts at least 25 percent of the residential units to lower income households, as defined in Section 50079.5 of the
Health and Safety Code, with an affordable sales price or an affordable rent, as defined in Sections 50052.5 and 50053
of the Health and Safety Code, for a minimum of 55 years for rental housing and 45 years for ownership housing.
(G) Surplus land that is subject to valid legal restrictions that are not imposed by the local agency and that would make
housing prohibited, unless there is a feasible method to satisfactorily mitigate or avoid the prohibition on the site. An
existing nonresidential land use designation on the surplus land is not a legal restriction that would make housing
prohibited for purposes of this subparagraph. Nothing in this article limits a local jurisdiction's authority or discretion
to approve land use, zoning, or entitlement decisions in connection with the surplus land.
(H) Surplus land that was granted by the state in trust to a local agency or that was acquired by the local agency for
trust purposes by purchase or exchange, and for which disposal of the land is authorized or required subject to
conditions established by statute.
© 2024 Thomson Reuters. No claim to original U.S. Government Works. 7
DEEDS AND CONVEYANCES—SURPLUS PROPERTY, 2019 Cal. Legis. Serv. Ch....
(I) Land that is subject to Sec
Preview
1 TERESA L. STRICKER, Bar No. 160601 City Attorney 2 ASHLE T. CROCKER, Bar No. 215709 Assistant City Attorney 3 CITY ATTORNEY’S OFFICE CITY OF SANTA ROSA 4 100 Santa Rosa Avenue, Room 8 Santa Rosa, CA 95404-4957 5 Telephone: (707) 543-3040 6 ETHAN J. WALSH, Bar No. 204228 7 ethan.walsh@bbklaw.com GREGG W. KETTLES, Bar No. 170640 8 gregg.kettles@bbklaw.com HELEN BYRENS, Bar No. 339985 9 helen.byrens@bbklaw.com BEST BEST & KRIEGER LLP 10 500 Capitol Mall Suite 1700 11 Sacramento, California 95814 Telephone: (916) 325-4000 BEST BEST & KRIEGER LLP SACRAMENTO, CALIFORNIA 95814 12 Facsimile: (916) 325-4010 500 CAPITOL MALL, SUITE 1700 ATTORNEYS AT LAW 13 Attorneys for Respondents and Defendants CITY OF SANTA ROSA; CITY COUNCIL OF THE EXEMPT FROM FILING FEES PURSUANT 14 CITY OF SANTA ROSA TO GOVERNMENT CODE SECTION 6103 15 SUPERIOR COURT OF THE STATE OF CALIFORNIA 16 COUNTY OF SONOMA 17 18 AIRPORT BUSINESS CENTER, a California Case No. SCV-272714 19 llimited partnership, Judge: Patrick Broderick Courtroom: 16 20 Petitioner and Plaintiff, DECLARATION OF HELEN BYRENS 21 v. IN SUPPORT OF RESPONDENTS’ OPPOSITION TO PETITIONER’S 22 CITY OF SANTA ROSA; CITY COUNCIL OPENING BRIEF OF THE CITY OF SANTA ROSA; and DOES 23 1 through 25, inclusive, Writ Hearing: May 24, 2024 Time: 8:30 a.m. 24 Respondents and Courtroom: 16 Defendants. 25 Action Filed: February 28, 2023 26 Trial Date: May 24, 2024 27 28 82816.00010\42116030.1 1 DECLARATION OF HELEN BYRENS IN SUPPORT OF RESPONDENTS’ OPPOSITION TO PETITIONER’S OPENING BRIEF 1 DECLARATION OF HELEN BYRENS 2 I, Helen Byrens, declare that: 3 1. I am an attorney at law, licensed to practice before the courts of the State of 4 California, and am an associate at the law firm of Best Best & Krieger LLP, attorneys of record 5 for Defendants City of Santa Rosa; City Council of The City of Santa Rosa (“Respondents”) in 6 the above captioned matter. I submit this declaration in support of the Respondents’ Opposition 7 to Opening Brief. I have personal knowledge of the matters set forth below, unless stated 8 otherwise, and if called as a witness, I could and would competently testify to those matters. 9 2. Plaintiff filed the petition for a writ of mandate in this action, Airport Business 10 Center, Sonoma County Superior Court Case No. SCV-272714 (the “Petition”), on February, 28, 11 2023. The Petition alleges the City improperly declared a parking garage (“Garage 5”) located in BEST BEST & KRIEGER LLP SACRAMENTO, CALIFORNIA 95814 12 the City of Santa Rosa (the “City”) “surplus” land under the Surplus Lands Act. 500 CAPITOL MALL, SUITE 1700 ATTORNEYS AT LAW 13 3. A true and correct copy of the Surplus Land Act definition of “surplus” under the 14 2019 California Government Code section 54221 is attached to this declaration as Exhibit A. 15 4. I downloaded a copy of Exhibit A from 16 https://1.next.westlaw.com/Document/N38108580A06911DD9E84E47283A693D 17 1/View/FullText.html?listSource=RelatedInfo&docFamilyGuid=IB7FDAAD0261 18 011DD85EADE0C05FDD52A&ppcid=d857cbb81ac7409f9449a7b66c86b482&or 19 iginationContext=relatedinfoversions&transitionType=VersionsItem&contextData 20 =%28sc.UserEnteredCitation%29 on March 19, 2024. 21 5. A true and correct copy of the 2019 California Legislative Enactment – chapter 22 664, A.B. No. 1486, which amended the Surplus Land Act, is attached to this declaration as 23 Exhibit B. 24 6. I downloaded a copy of Exhibit B from 25 https://1.next.westlaw.com/Document/IF3906701EBF611E9B0A098B0D21C36B 26 4/View/FullText.html?navigationPath=Search%2Fv1%2Fresults%2Fnavigation% 27 2Fi0ad6ad3d0000018e58bbb1e626e73afa%3Fppcid%3Db7d1b561a32f4ec9941ca 28 41a9ce5d9e7%26Nav%3DMULTIPLECITATIONS%26fragmentIdentifier%3DIF 82816.00010\42116030.1 1 DECLARATION OF HELEN BYRENS IN SUPPORT OF RESPONDENTS’ OPPOSITION TO PETITIONER’S OPENING BRIEF 1 3906701EBF611E9B0A098B0D21C36B4%26parentRank%3D0%26startIndex%3 2 D1%26contextData%3D%2528sc.Search%2529%26transitionType%3DUniqueDo 3 cItem&listSource=Search&listPageSource=bbd836fc7fb1832ba270321397742bae 4 &list=MULTIPLECITATIONS&sessionScopeId=0400e376ad90d8066b57a93723 5 0ff2625d3474ee8e3669e2584a1fb88bdb12a2&ppcid=b7d1b561a32f4ec9941ca41a 6 9ce5d9e7&originationContext=NonUniqueFindSelected&transitionType=Unique 7 DocItem&contextData=%28sc.Search%29 on March 19, 2024. 8 7. A true and correct copy of the California Department of Housing and Community 9 Development (“HCD”) Surplus Land Act Guidelines, dated April 2021, are attached to this 10 declaration as Exhibit C. 11 8. I downloaded a copy of Exhibit C from HCD’s website at BEST BEST & KRIEGER LLP SACRAMENTO, CALIFORNIA 95814 12 https://www.hcd.ca.gov/sites/default/files/docs/planning-and-community/sla-guidelines-final.pdf 500 CAPITOL MALL, SUITE 1700 ATTORNEYS AT LAW 13 on March 19, 2024 14 I declare under penalty of perjury under the laws of the State of California that the 15 foregoing is true and correct and that this declaration was executed on this 21st day of March, 16 2024, at County of Los Angeles, California. 17 18 19 Helen Byrens 20 21 22 23 24 25 26 27 28 82816.00010\42116030.1 -2- DECLARATION OF GREGG KETTLES IN SUPPORT OF RESPONDENTS’ OPPOSITION TO OPENING BRIEF EXHIBIT A § 54221. Definitions, CA GOVT § 54221 West's Annotated California Codes Government Code (Refs & Annos) Title 5. Local Agencies (Refs & Annos) Division 2. Cities, Counties, and Other Agencies (Refs & Annos) Part 1. Powers and Duties Common to Cities, Counties, and Other Agencies (Refs & Annos) Chapter 5. Property (Refs & Annos) Article 8. Surplus Land (Refs & Annos) This section has been updated. Click here for the updated version. West's Ann.Cal.Gov.Code § 54221 § 54221. Definitions Effective: January 1, 2009 to December 31, 2019 (a) As used in this article, the term “local agency” means every city, whether organized under general law or by charter, county, city and county, and district, including school districts of any kind or class, empowered to acquire and hold real property. (b) As used in this article, the term “surplus land” means land owned by any local agency, that is determined to be no longer necessary for the agency's use, except property being held by the agency for the purpose of exchange. (c) As used in this article, the term “open-space purposes” means the use of land for public recreation, enjoyment of scenic beauty, or conservation or use of natural resources. (d) As used in this article, the term “persons and families of low or moderate income” means the same as provided under Section 50093 of the Health and Safety Code. (e) As used in this article, the term “exempt surplus land” means either of the following: (1) Surplus land that is transferred pursuant to Section 25539.4. (2) Surplus land that 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 that is used for park, recreational, open-space, or low- and moderate-income housing purposes and is located neither within an enterprise zone pursuant to Section 7073 nor a designated program area as defined in Section 7082. If the surplus land is not sold to an owner of contiguous land, it is not considered exempt surplus land and is subject to this article. (f) Notwithstanding subdivision (e), the following properties are not considered exempt surplus land and are subject to this article: © 2024 Thomson Reuters. No claim to original U.S. Government Works. 1 § 54221. Definitions, CA GOVT § 54221 (1) Lands within the coastal zone. (2) Lands within 1,000 yards of a historical unit of the State Parks System. (3) Lands within 1,000 yards of any property that has been listed on, or determined by the State Office of Historic Preservation to be eligible for, the National Register of Historic Places. (4) Lands within the Lake Tahoe region as defined in Section 66905.5. Credits (Added by Stats.1968, c. 621, p. 1307, § 1. Amended by Stats.1973, c. 1038, p. 2061, § 3; Stats.1974, c. 1037, p. 2237, § 1; Stats.1979, c. 942, p. 3246, § 2; Stats.1982, c. 1442, § 2; Stats.1988, c. 964, § 1; Stats.1989, c. 208, § 1; Stats.2008, c. 532 (S.B.1681), § 9.) West's Ann. Cal. Gov. Code § 54221, CA GOVT § 54221 Current with urgency legislation through Ch. 1 of 2024 Reg.Sess. Some statute sections may be more current, see credits for details. End of Document © 2024 Thomson Reuters. No claim to original U.S. Government Works. © 2024 Thomson Reuters. No claim to original U.S. Government Works. 2 EXHIBIT B DEEDS AND CONVEYANCES—SURPLUS PROPERTY, 2019 Cal. Legis. Serv. Ch.... 2019 Cal. Legis. Serv. Ch. 664 (A.B. 1486) (WEST) CALIFORNIA 2019 LEGISLATIVE SERVICE 2019 Portion of 2019-2020 Regular Session Additions are indicated by Text; deletions by * * *. Vetoes are indicated by Text ; stricken material by Text . CHAPTER 664 A.B. No. 1486 DEEDS AND CONVEYANCES—SURPLUS PROPERTY AN ACT to amend Sections 54220, 54221, 54222, 54222.3, 54223, 54225, 54226, 54227, 54230.5, 54233, and 65583.2 of, and to add Sections 54230.6, 54233.5, 54234, 65400.1, and 65585.1 to, the Government Code, relating to surplus land. [Filed with Secretary of State October 9, 2019.] LEGISLATIVE COUNSEL'S DIGEST AB 1486, Ting. Surplus land. (1) Existing law prescribes requirements for the disposal of surplus land by a local agency. Existing law defines “local agency” for these purposes as every city, county, city and county, and district, including school districts of any kind or class, empowered to acquire and hold real property. Existing law defines “surplus land” for these purposes as land owned by any local agency that is determined to be no longer necessary for the agency's use, except property being held by the agency for the purpose of exchange. Existing law defines “exempt surplus land” to mean land that is less than 5,000 square feet in area, less than the applicable minimum legal residential building lot size, or has no record access and is less than 10,000 square feet in area, and that is not contiguous to land owned by a state or local agency and used for park, recreational, open-space, or affordable housing. This bill would expand the definition of “local agency” to include sewer, water, utility, and local and regional park districts, joint powers authorities, successor agencies to former redevelopment agencies, housing authorities, and other political subdivisions of this state and any instrumentality thereof that is empowered to acquire and hold real property, thereby requiring these entities to comply with these requirements for the disposal of surplus land. The bill would specify that the term “district” includes all districts within the state, and that this change is declaratory of existing law. The bill would revise the definition of “surplus land” to mean land owned in fee simple by any local agency, for which the local agency's governing body takes formal action, in a regular public meeting, declaring, supported by written findings, that the land is surplus and is not necessary for the agency's use, as defined. The bill would provide that “surplus land” for these purposes includes land © 2024 Thomson Reuters. No claim to original U.S. Government Works. 1 DEEDS AND CONVEYANCES—SURPLUS PROPERTY, 2019 Cal. Legis. Serv. Ch.... held in the Community Redevelopment Property Trust Fund and land that has been designated in the long-range property management plan, either for sale or for future development, as specified. The bill would also broaden the definition of “exempt surplus land” to include specified types of lands. (2) Existing law requires a local agency disposing of surplus land to send, prior to disposing of that property, a written offer to sell or lease the property to specified entities. Existing law requires that a local agency, upon a written request, send a written offer to sell or lease surplus land to a housing sponsor, as defined, for the purpose of developing low- and moderate- income housing. Existing law also requires the local agency to send a written offer to sell or lease surplus land for the purpose of developing property located within an infill opportunity zone, designated as provided, to, among others, a community redevelopment agency. This bill would instead require, except as provided, the local agency disposing of surplus land to send, prior to disposing of that property or participating in negotiations to dispose of that property with a prospective transferee, a written notice of availability. The bill would make various related conforming changes. With regards to a housing sponsor, the bill would require that a notice of availability be sent if the housing sponsor has notified the Department of Housing and Community Development of its interest in the land, rather than upon written request. With regards to surplus land to be used for the purpose of developing property located within an infill opportunity zone, as described above, the bill would instead require that the written notice of availability be sent to a successor agency to a former redevelopment agency. The bill would require the Department of Housing and Community Development to maintain an up-to-date listing of all notices of availability throughout the state on its internet website. (3) After the disposing agency has received a notice from an entity desiring to purchase or lease the land, existing law requires the disposing agency to enter into good faith negotiations to determine a mutually satisfactory sales price or lease terms. This bill would prohibit the terms agreed to pursuant to these negotiations from doing certain things, including, among other things, disallowing residential use of the site as a condition of the sale or lease. (4) Existing law requires a local agency to give priority to the development of affordable housing for lower income elderly or disabled persons or households, and other lower income households when disposing of surplus land. This bill would remove that priority. (5) If the local agency receives offers from more than one entity that agrees to meet specified requirements related to the provision of affordable housing on the surplus land, existing law requires the local agency to give priority to the entity that proposes to provide the greatest number of units that meet those requirements. Notwithstanding that requirement, existing law requires the local agency to give first priority to an entity in specified circumstances. In the event that more than one entity proposes the same number of units that meet the above-described affordable housing requirements, this bill would require that priority be given to the entity that proposes the deepest average level of © 2024 Thomson Reuters. No claim to original U.S. Government Works. 2 DEEDS AND CONVEYANCES—SURPLUS PROPERTY, 2019 Cal. Legis. Serv. Ch.... affordability for the affordable units. The bill would authorize a local agency to negotiate concurrently with all entities that provide notice of interest to purchase or lease land for the purpose of developing affordable housing. (6) Under existing law, failure by a local agency to comply with these requirements for the disposal of surplus land does not invalidate the transfer or conveyance of real property to a purchaser or encumbrancer for value. This bill would require a local agency, prior to agreeing to terms for the disposition of surplus land, to provide the Department of Housing and Community Development with a specified description of the process followed to dispose of the land and a copy of any recorded restrictions against the property, as specified, in a form prescribed by the Department of Housing and Community Development. The bill would require the Department of Housing and Community Development to, among other things, review the description and submit written findings to the local agency within 30 days of receiving the description if the proposed disposal of the land will violate specified provisions of law. The bill would require the Department of Housing and Community Development to provide the local agency a reasonable time, as specified, to respond to the department's findings prior to taking certain actions and would require the local agency to take specified actions in response. This bill would, with certain exceptions, impose a penalty of 30% of the final sale price of the land upon a local agency that disposes of land in violation of specified provisions of law after receiving the notification from the Department of Housing and Community Development to that effect, and a 50% penalty for subsequent violations. The bill would authorize specified entities or persons to bring an action against a local agency to enforce these provisions and would allow a local agency 60 days to cure or correct an alleged violation before the action may be brought, except as specified. The bill would require a penalty assessed pursuant to these provisions to be deposited into a local housing trust fund or, in certain circumstances, the Building Homes and Jobs Trust Fund or the Housing Rehabilitation Loan Fund, as provided. The bill would make the expenditure of penalty moneys deposited into the Building Homes and Jobs Trust Fund or the Housing Rehabilitation Loan Fund pursuant to these provisions subject to appropriation by the Legislature. This bill would require the department to implement these provisions commencing on January 1, 2021. (7) If a local agency does not agree to price and terms with an entity to which notice and an opportunity to purchase or lease are given and disposes of the surplus land to an entity that uses the property for the development of 10 or more residential units, existing law requires the purchasing entity or a successor in interest to provide not less than 15% of the total number of units developed on the parcels at an affordable housing cost or affordable rent to lower income households. This bill would revise this requirement to apply if the local agency does not agree to price and terms with an entity to which notice of availability of land was given, or if no entity to which a notice of availability was given responds to that notice, and 10 or more residential units are developed on the property. This bill, if a local agency that is a district, except as specified, disposes of surplus land where local zoning permits development of 10 or more residential units or is rezoned within 5 years of the disposal to permit the development of 10 or more residential units, and 10 or more residential units are developed on the property, would require not less than 15% of the © 2024 Thomson Reuters. No claim to original U.S. Government Works. 3 DEEDS AND CONVEYANCES—SURPLUS PROPERTY, 2019 Cal. Legis. Serv. Ch.... total number of residential units developed on the parcel to be sold or rented at affordable housing cost or affordable rent to lower income households. (8) The Planning and Zoning Law requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. That law requires the planning agency of a city or county to provide by April 1 of each year an annual report to, among other entities, the Department of Housing and Community Development that includes, among other specified information, the number of net new units of housing that have been issued a completed entitlement, a building permit, or a certificate of occupancy thus far in the housing element cycle, as provided. This bill would require a city or county to include as a part of that report a listing of specified sites owned by the city or county that have been sold, leased, or otherwise disposed of in the prior year. The Planning and Zoning Law requires that the housing element include, among other things, an inventory of land suitable for residential development to be used to identify sites that can be developed for housing within the planning period and that are sufficient to provide for the jurisdiction's share of the regional housing need determined pursuant to specified law. This bill would require the housing element to provide a description of nonvacant sites owned by the city or county and provide whether there are any plans to dispose of the property during the planning period and how the city or county will comply with specified provisions relating to the disposal of surplus land by a local agency. (9) Existing law requires the Department of Housing and Community Development to notify a city or county and authorize notice to the Attorney General when a city or county has taken an action that violates the Housing Accountability Act, specified provisions relating to local housing elements, and the Density Bonus Law. This bill would also require the Department of Housing and Community Development to notify the city or county and authorizes notice to the Attorney General when the city or county has taken an action that violates these provisions relating to surplus property. (10) Existing law makes various findings and declarations as to the need for affordable housing and the use of surplus government land for that purpose. This bill would revise these findings. (11) This bill would incorporate additional changes to Section 65583.2 of the Government Code proposed by AB 957 to be operative only if this bill and AB 957 are enacted and this bill is enacted last. (12) By adding to the duties of local officials with respect to the disposal of surplus land, and expanding the scope of local agencies subject to the bill's requirements, this bill would impose a state-mandated local program. © 2024 Thomson Reuters. No claim to original U.S. Government Works. 4 DEEDS AND CONVEYANCES—SURPLUS PROPERTY, 2019 Cal. Legis. Serv. Ch.... The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. The people of the State of California do enact as follows: SECTION 1. Section 54220 of the Government Code is amended to read: << CA GOVT § 54220 >> 54220. (a) The Legislature reaffirms its declaration that housing is of vital statewide importance to the health, safety, and welfare of the residents of this state and that provision of a decent home and a suitable living environment for every Californian is a priority of the highest order. The Legislature further declares that * * * a shortage of sites available for housing for persons and families of low and moderate income is a barrier to addressing urgent statewide housing needs and that surplus government land, prior to disposition, should be made available for that purpose. (b) The Legislature reaffirms its belief that there is an identifiable deficiency in the amount of land available for recreational purposes and that surplus land, prior to disposition, should be made available for park and recreation purposes or for open- space purposes. This article shall not apply to surplus residential property as defined in Section 54236. (c) The Legislature reaffirms its declaration of the importance of appropriate planning and development near transit stations, to encourage the clustering of housing and commercial development around such stations. Studies of transit ridership in California indicate that a higher percentage of persons who live or work within walking distance of major transit stations utilize the transit system more than those living elsewhere, and that lower income households are more likely to use transit when living near a major transit station than higher income households. The sale or lease of surplus land at less than fair market value to facilitate the creation of affordable housing near transit is consistent with goals and objectives to achieve optimal transportation use. The Legislature also notes that the Federal Transit Administration gives priority for funding of rail transit proposals to areas that are implementing higher density, mixed-use, and affordable development near major transit stations. SEC. 2. Section 54221 of the Government Code is amended to read: << CA GOVT § 54221 >> 54221. As used in this article, the following definitions shall apply: (a) * * * (1) “Local agency” means every city, whether organized under general law or by charter, county, city and county, * * * district, including school, sewer, water, utility, and local and regional park districts of any kind or class, joint powers authority, successor agency to a former redevelopment agency, housing authority, or other political subdivision of this state and any instrumentality thereof that is empowered to acquire and hold real property. © 2024 Thomson Reuters. No claim to original U.S. Government Works. 5 DEEDS AND CONVEYANCES—SURPLUS PROPERTY, 2019 Cal. Legis. Serv. Ch.... (2) The Legislature finds and declares that the term “district” as used in this article includes all districts within the state, including, but not limited to, all special districts, sewer, water, utility, and local and regional park districts, and any other political subdivision of this state that is a district, and therefore the changes in paragraph (1) made by the act adding this paragraph that specify that the provisions of this article apply to all districts, including school, sewer, water, utility, and local and regional park districts of any kind or class, are declaratory of, and not a change in, existing law. (b) * * * (1) “Surplus land” means land owned in fee simple by any local agency * * * for which the local agency's governing body takes formal action in a regular public meeting declaring that the land is surplus and is not necessary for the agency's use * * *. Land shall be declared either “surplus land” or “exempt surplus land,” as supported by written findings, before a local agency may take any action to dispose of it consistent with an agency's policies or procedures. A local agency, on an annual basis, may declare multiple parcels as “surplus land” or “exempt surplus land.” (2) “Surplus land” includes land held in the Community Redevelopment Property Trust Fund pursuant to Section 34191.4 of the Health and Safety Code and land that has been designated in the long-range property management plan approved by the Department of Finance pursuant to Section 34191.5 of the Health and Safety Code, either for sale or for future development, but does not include any specific disposal of land to an identified entity described in the plan. (3) Nothing in this article prevents a local agency from obtaining fair market value for the disposition of surplus land consistent with Section 54226. (c)(1) Except as provided in paragraph (2), “agency's use” shall include, but not be limited to, land that is being used, is planned to be used pursuant to a written plan adopted by the local agency's governing board for, or is disposed to support pursuant to subparagraph (B) of paragraph (2) agency work or operations, including, but not limited to, utility sites, watershed property, land being used for conservation purposes, land for demonstration, exhibition, or educational purposes related to greenhouse gas emissions, and buffer sites near sensitive governmental uses, including, but not limited to, waste water treatment plants. (2)(A) “Agency's use” shall not include commercial or industrial uses or activities, including nongovernmental retail, entertainment, or office development. Property disposed of for the sole purpose of investment or generation of revenue shall not be considered necessary for the agency's use. (B) In the case of a local agency that is a district, excepting those whose primary mission or purpose is to supply the public with a transportation system, “agency's use” may include commercial or industrial uses or activities, including nongovernmental retail, entertainment, or office development or be for the sole purpose of investment or generation of revenue if the agency's governing body takes action in a public meeting declaring that the use of the site will do one of the following: (i) Directly further the express purpose of agency work or operations. (ii) Be expressly authorized by a statute governing the local agency, provided the district complies with Section 54233.5 where applicable. * * * (d) “Open–space purposes” means the use of land for public recreation, enjoyment of scenic beauty, or conservation or use of natural resources. © 2024 Thomson Reuters. No claim to original U.S. Government Works. 6 DEEDS AND CONVEYANCES—SURPLUS PROPERTY, 2019 Cal. Legis. Serv. Ch.... * * * (e) “Persons and families of low or moderate income” has the same meaning as provided in Section 50093 of the Health and Safety Code. * * * (f)(1) Except as provided in paragraph (2), “exempt surplus land” means any of the following: (A) Surplus land that is transferred pursuant to Section 25539.4. (B) Surplus land that is (i) less than 5,000 square feet in area, (ii) 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 (iii) 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 that is used for * * * open- space * * * or low- and moderate-income housing purposes * * *. If the surplus land is not sold to an owner of contiguous land, it is not considered exempt surplus land and is subject to this article. *** (C) Surplus land that a local agency is exchanging for another property necessary for the agency's use. (D) Surplus land that a local agency is transferring to another local, state, or federal agency for the agency's use. (E) Surplus land that is a former street, right of way, or easement, and is conveyed to an owner of an adjacent property. (F) Surplus land that is put out to open, competitive bid by a local agency, provided all entities identified in subdivision (a) of Section 54222 will be invited to participate in the competitive bid process, for either of the following purposes: (i) 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 percent of the residential units restricted to lower income households, as defined in Section 50079.5 of the Health and Safety Code, with an affordable sales price or an affordable rent, as defined in Sections 50052.5 or 50053 of the Health and Safety Code, for a minimum of 55 years for rental housing and 45 years for ownership housing, and in no event shall the maximum affordable sales price or rent level be higher than 20 percent below the median market rents or sales prices for the neighborhood in which the site is located. (ii) A mixed-use development that is more than one acre in area, that includes not less than 300 housing units, and that restricts at least 25 percent of the residential units to lower income households, as defined in Section 50079.5 of the Health and Safety Code, with an affordable sales price or an affordable rent, as defined in Sections 50052.5 and 50053 of the Health and Safety Code, for a minimum of 55 years for rental housing and 45 years for ownership housing. (G) Surplus land that is subject to valid legal restrictions that are not imposed by the local agency and that would make housing prohibited, unless there is a feasible method to satisfactorily mitigate or avoid the prohibition on the site. An existing nonresidential land use designation on the surplus land is not a legal restriction that would make housing prohibited for purposes of this subparagraph. Nothing in this article limits a local jurisdiction's authority or discretion to approve land use, zoning, or entitlement decisions in connection with the surplus land. (H) Surplus land that was granted by the state in trust to a local agency or that was acquired by the local agency for trust purposes by purchase or exchange, and for which disposal of the land is authorized or required subject to conditions established by statute. © 2024 Thomson Reuters. No claim to original U.S. Government Works. 7 DEEDS AND CONVEYANCES—SURPLUS PROPERTY, 2019 Cal. Legis. Serv. Ch.... (I) Land that is subject to Sec