RESOLUTION NO. 11491
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ORANGE DECLARING THAT
CERTAIN CITY-OWNED REAL PROPERTY
LOCATED ON THE SOUTH SIDE OF 2045 EAST
PALMYRA AVENUE IN THE CITY OF ORANGE
IS EXEMPT SURPLUS LAND PURSUANT TO
GOVERNMENT CODE SECTION 54221 AND
FINDING THAT THE FOREGOING ACTION IS
EXEMPT FROM REVIEW UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY
ACT
WHEREAS, the City of Orange (“City”) is a municipal corporation exercising governmental functions and powers, organized and existing under the laws of the State of California; and
WHEREAS, the City owns in fee simple certain real property consisting of approximately 871 square feet on the south side of 2045 East Palmyra Avenue, also known as Assessor’s Parcel No. 390 -502-09, as depicted in Exhibit A, incorporated herein by this reference (“Property”); and
WHEREAS, the Surplus Land Act, Government Code sections 54220 , et seq . (as amended, the “Act”) applies when a local agency disposes of “surplus land,” as that term is defined in Government Code section 54221; and
WHEREAS, the Property is “surplus land” under the Act because it is land owned in fee simple by the City and is not necessary for the City’s use and for which the City Council will take formal action (in the form of adoption of this Resolution) in a regular public meeting declaring that the land is surplus; and
WHEREAS, pursuant to the Act, at Government Code section 54221(f)(1)(B), “exempt surplus land” includes property 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”; and
WHEREAS, staff intends to offer the Property for sale to contiguous property owners, consistent with the requirements of the Act at Government Code section 54221(f)(1)(B); and
WHEREAS, Government Code section 54222.3 provides that “this article shall not apply to the disposal of exempt surplus land as defined in Section 54221 by an agency of the state or any local agency”; and
2 WHEREAS, while pre-adoption review of a local agency’s resolution finding land to be exempt surplus land under the Act is encouraged but not required, a copy of this Resolution was submitted to the Public Lands Team at the Department of Housing and Community Development (“HCD”) on June 29, 2023 and a response from HCD was received on July 10, 2023 advising that the draft Resolution meets the requirements for an exemption and requesting a copy of the adopted Resolution once available for HCD to provide a findings letter; and
WHEREAS, the City Council desires to declare the Property as “exempt surplus land” consistent with and in compliance with the Act and that a copy of this Resolution be transmitted to HCD at least thirty (30) days prior to disposition, per HCD Guidelines.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange, on the basis of the facts set forth in the agenda report presented to it and any testimony received at the meeting at which this matter was considered, as follows:
1. That the foregoing recitals are true and correct.
2. That this Resolution has been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code Section 21000 , et seq .) (“CEQA”). Designation of the Property as exempt surplus land does not have the potential for creating a significant effect on the environment and is therefore exempt from further review under CEQA pursuant to CEQA Guidelines Section 15060(c)(3), because it is not a project as defined by the CEQA Guidelines, Sec tion 15378. Adoption of this Resolution does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.
3. That the Property: (1) is surplus land because it is not necessary for the City’s use; (ii) is exempt, pursuant to Government Code section 54221(f)(1)(B)(i) because it is less than 5,000 square feet; (iii) the City intends to offer the Property for sale to contiguous property owners; and (iv) tha t the noticing requirements of the Act pertaining to surplus land are not applicable.
4. The City Manager, or designee, is authorized to take all steps necessary to offer the Property for sale to owners of contiguous land.
ADOPTED this ____ day of ____________________, 2023
Daniel R. Slater, Mayor, City of Orange
ATTEST:
Pamela Coleman, City Clerk, City of Orange
3 STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE )
I, PAMELA COLEMAN, Ci ty Clerk of the City of Orange, California, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange at a regular meeting thereof held on the day of , 2023 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Pamela Coleman, City Clerk, City of Orange