RESOLUTION NO. 23-29,439
A RE
SOLUTION OF THE COUNCIL OF THE CITY OF
BURBANK DECLARING ASSESSOR’S PARCEL NUMBER
2463-015-902, WHICH IS ADJACENT TO PROSPECTIVE
PURCHASER’S PROPERTY AT 2600 VANOWEN STREET,
AS EXEMPT FROM THE SURPLUS LAND ACT AND
FINDING THAT THIS ACTIVITY IS EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
BECAUSE IT CAN BE SEEN WITH CERTAINTY THAT
THERE IS NO POSSIBILITY THAT THIS DECLARATION OF
EXEMPT SURPLUS PROPERTY MAY HAVE A
SIGNIFICANT EFFECT ON THE ENVIRONMENT
PURSUANT TO CEQA GUIDELINES SECTION 15061(B)(3)
THE
COUNCIL OF THE CITY OF BURBANK FINDS AS FOLLOWS:
A. Th
e City of Burbank owns a small, triangular-shaped, remnant parcel of land (“Property”) that totals 0.0375 acres and is located at the corner of Vanowen Street and Frederic Street, (assessor’s parcel number 2463- 015-902) whose legal description is as follows:
Lot 72, exclusive of streets, Tract No. 4557, per Map recorded in Book 108, Pages 60 and 61 of Maps, in the Los Angeles County Recorder’s Office, Los Angeles, California.
B. On or
about October 11, 2021, the adjacent property owner located at 2600 Vanowen Street expressed a desire to purchase the Property.
C. Upon t
he request to purchase, City staff ascertained that there is no specific use for the Property and subsequently ordered a property valuation.
D. In r
eviewing the Department of Housing and Community Development (“HCD”) Guidelines and the Surplus Land Act ( “SLA”), the future sale of the P roperty meets the following exemption status as set forth within the guidelines if sold to the adjacent property owner: (A) Small Surplus Land Parcels sold to an owner of contiguous land that is: (i) less than 5,000 square feet in area; (ii) less than the minim um 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, 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.” Government Code section 54221(f)(1)(B) and SLA Guidelines, section 103(b)(3)(B).
E. Thi
s declaration of exempt surplus property is exempt from the California Environmental Quality Act (CEQA) because it can be seen with certainty that there is no possibility that this activity may have a significant effect on the environment pursuant to CEQA Guidelines Section 15061(b)(3). The future sale of the Property, if approved by the ATTACHMENT 4-1
City
Council, would be exempt from CEQA pursuant to CEQA Guidelines Section 15312 - Surplus Government Property Sales because the Property would be declared exempt surplus property pursuant to the Surplus Land Act and is not located in an area of statewide, regional, or areawide concern identified in CEQA Guidelines Section 15206(b)(4).
TH
E COUNCIL OF THE CITY OF BURBANK RESOLVES AS FOLLOWS:
1. Inc
orporation of Findings . The City Council hereby incorporates by this reference the findings set forth above as true and correct.
2. Declaration of Exemption. The City Council declares that the Property is “exempt surplus property” under the SLA because the sale of the Property to the neighboring homeowner at 2600 Vanowen Street, subject to City Council’s approval after HCD’s 30-day review period, meets the criteria of the “Small Surplus Land” exemption , as the prospective purchaser is an owner of contiguous land to the Property and the Property is less than 5,000 square feet in area, as specifically set forth under Government Code section 54221(f)(1)(G) and HCD’s SLA Guidelines, section 103(b)(3)(G).
PASSED
and ADOPTED this 27th day of June 2023.
_s/Konstantine Anthony
Konstantine Anthony
Mayor
Approved as to Form:
Attest: Office of the City Attorney
s/Kimberley Clark_________ By: _s/Iain MacMillan
Kimberley Clark, City Clerk Iain MacMillan
Senior Assistant City Attorney
ATTACHMENT 4-2
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF BURBANK )
I, K
imberley Clark, City Clerk of the City of Burbank, do hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the Council of the City of Burbank at its regular meeting held on the 27th day of June 2023, by the following vote:
AYES: P
erez, Takahashi, Schultz, and Anthony.
NO
ES: None.
ABSENT
: Mullins.
_s/Kimberley Clark_______________
Kimberley Clark, City Clerk
ATTACHMENT 4-3