Surplus lands: exempt surplus land: City of Ontario.

Plain English Breakdown

The official source does not provide specific details on penalties for violations, only that they would be considered a second or subsequent violation of the disposal requirements.

Surplus Land Exemption for Ontario Sports Empire

AB-2139 changes how surplus land owned by the City of Ontario in the Ontario Sports Empire district can be used and disposed of, making it exempt from certain disposal requirements.

What This Bill Does

• Expands the definition of 'exempt surplus land' to include specific land within the Ontario Sports Empire district that meets criteria set by the City Council for specified purposes.
• Requires a covenant or restriction detailing how the land can be used to be recorded against the land at the time it is disposed of.
• Requires the city to deposit funds from the disposal into a local housing-specific account before disposing of the land.
• Requires the City of Ontario to notify the Department of Housing and Community Development 30 days before disposing of any 'exempt surplus land'.

Who It Names or Affects

• The City of Ontario
• Land developers within the Ontario Sports Empire district
• Residents and businesses in Ontario, as it affects how surplus land is used.

Terms To Know

Surplus Land

Land owned by a local agency that is declared unnecessary for its use.

Exempt Surplus Land

Certain types of surplus land that are not subject to the same disposal requirements as regular surplus land.

Limits and Unknowns

• The bill does not cover residential developments within the Ontario Sports Empire district.
• It is unclear what specific penalties will apply if the City of Ontario violates these provisions.

Official Summary Text

AB 2139, as amended, Garcia.
Surplus lands: exempt surplus land: City of Ontario.
Existing law prescribes requirements for the disposal of surplus land by a local agency. Existing law defines “surplus land” for these purposes 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 that the land is surplus and is not necessary for the agency’s use. Existing law requires that land 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. Existing law provides that an agency is not required to follow the requirements for the disposal of surplus land for “exempt surplus land.” Existing law defines “exempt surplus land” to include certain types of
land, including land that is to be conveyed for specified purposes.
land. Existing law makes a local agency that disposes of surplus land, in violation of the requirements for the disposal of surplus land after receiving specified notification from the department that the local agency is in violation, liable for a penalty of 30% of the applicable disposition value for a first violation and 50% for any subsequent violation, as provided.
This bill would expand the definition of “exempt surplus land” to include
certain
land owned by the City of Ontario that
is located within the sports and entertainment district commonly known as Ontario Sports Empire, subject to a land use plan formally adopted by the City of Ontario for the coordinated development of the district, being conveyed for specified purposes, and found by a specified resolution of the Ontario City Council to meet specified criteria. The bill would not include a residential development in the expansion of the definition.
satisfies specified requirements. The bill would require that these requirements be contained in a covenant or restriction recorded against the surplus land at the time of disposition, as provided. The bill would require that the city meet specified requirements to declare exempt surplus land pursuant to these provisions, including depositing funds from the deposition into a local housing-specific set-aside account, as provided. The bill would require the city to provide the Department of Housing and Community Development a written notification of its declaration and findings at least 30 days prior to disposing of land declared “exempt surplus land” pursuant to these provisions, and would require the department to notify the city if the department has determined the city is in violation of these provisions, as provided. The bill would provide that a violation these provisions would be considered a 2nd or subsequent violation of the requirements for the disposal of surplus land, as provided.
This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Ontario.

Current Bill Text

Download Bill PDF