TO: PLANNING COMMISSION
FROM: ADAM PIRRIE, CITY MANAGER
DATE: OCTOBER 15, 2024
SUBJECT:
Title
REVIEW OF PROPOSED ACQUISITION OF REAL PROPERTY FROM CLARE PROPERTIES LLC FOR CONFORMANCE WITH THE CITY OF CLAREMONT GENERAL PLAN - APPLICANT - CITY OF CLAREMONT
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SUMMARY
The City has an opportunity to acquire approximately 6.72 acres of vacant land located near the northwest corner of East Foothill Boulevard and Monte Vista Avenue (the “Property”) directly east of and adjacent to the Armstrong Garden Center that is located at 735 East Foothill Boulevard.
The Property was formerly part of a proposed mixed-use development commonly known as the “Commons,” which the City Council denied in 2021. The owner of the Property (Clare Properties, LLC) has approached the City with an offer to sell the Property to the City. Prior to acquiring real property, State law requires the Planning Commission review the proposed acquisition for conformance with the City’s General Plan.
RECOMMENDATION
Recommended Action
Staff recommends the Planning Commission adopt A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CLAREMONT, CALIFORNIA, DETERMINING GENERAL PLAN CONFORMITY PURSUANT TO REQUIREMENTS OF GOVERNMENT CODE SECTION 65402 FOR ACQUISITION OF REAL PROPERTY FROM CLARE PROPERTIES LLC TO THE CITY OF CLAREMONT. APPLICANT - CITY OF CLAREMONT.
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ALTERNATIVES TO RECOMMENDATION
In addition to the staff recommendation, there are the following alternatives:
A. Identify how the proposed acquisition is not in conformance with the General Plan and direct staff to convey the Planning Commission’s General Plan nonconformance findings to the City Council.
B. Request further information.
FINANCIAL REVIEW
City staff is currently exploring the feasibility of acquiring the Property. The finding of General Plan conformance is one step in the process that also includes other due diligence activities such as conducting environmental analyses and review of title reports, as well as negotiating a purchase and sale agreement to be approved by the City Council.
The estimated cost of these due diligence activities, which will be conducted prior to the acquisition of the Property, is $10,000. This includes the time spent by the City Attorney and consultant assisting staff during the due diligence process.
The staff cost to prepare this report is estimated at $1,500 and is included in the operating budgets of the Administrative Services and Community Development Departments.
ANALYSIS
At a future City Council meeting, the City Council may consider whether to acquire from Clare Properties, LLC an unimproved real property located in the City of Claremont, near the northwest corner of East Foothill Boulevard and Monte Vista Avenue, known as Lot 2 of the proposed Parcel Map No. 84585, a copy of which is attached to the attached Resolution as Exhibit (the “Property”).
The Property comprises approximately 6.72 acres of vacant land and has been vacant and undeveloped for over forty years. In recent years, it was part of an application for a mixed-use development project known as the “Commons” that the City Council denied in 2021.
Government Code section 65402 states that if a General Plan has been adopted (as is the case here), no real property shall be acquired by dedication or otherwise for street, square, park, or other public purpose if the adopted General Plan applies thereto, until the location, purpose and extent of such acquisition have been submitted to and reported upon by the planning agency (here, the Planning Commission) as to conformity with said adopted General Plan.
Acquiring the Property would provide the City the opportunity to use it for a purpose that furthers the goals and policies of the City’s General Plan. For example, the potential acquisition is consistent with Goal 3.2 of the Economic Development Element of the General Plan, to “Revitalize aging and underperforming commercial and industrial areas.” The Property is located at a gateway to the City, but it has been vacant and undeveloped for over forty years. The Property’s close proximity to Cable Airport has presented development challenges. If the City acquires the Property, it will have an opportunity to see that it is developed and used consistent with the General Plan and in a manner that does not conflict with airport operations.
For these reasons, staff requests that the Planning Commission adopt the attached Resolution finding and determining the potential acquisition of the Property is in conformance with and consistent with the Claremont General Plan.
Over the next several weeks, staff will continue to assess the feasibility of acquiring the Property, including reviewing an updated Phase I Environmental Site Assessment and title reports, and negotiating with the property owner to bring a proposed purchase and sale agreement to the City Council for approval.
CEQA REVIEW
This item is not subject to environmental review under the California Environmental Quality Act (CEQA).
PUBLIC NOTICE PROCESS
The agenda and staff report for this item have been posted on the City website and distributed to interested parties. If you desire a copy, please contact Nhi Atienza at natienza@ci.claremont.ca.us.
Submitted by:
Adam Pirrie
City Manager
Attachment:
Resolution